REVISED PENAL CODE BOOK 2

CATEGORIES OF CRIMES SPECIAL PENAL LAWS

UNDER THE REVISED PENAL
CODE (BOOK II)
1. National Security 1. Act No. 4200: Anti-Wire Tapping Act
2. Fundamental Laws of 2. Batas Pambansa Blg. 22: Bouncing Checks Law
the State 3. Commonwealth Act. No. 142: Act to regulate the Use of Aliases
3. Public Order 4. Presidential Decree (P.D.) No. 532: Anti-Piracy and Anti-Highway Robbery
4. Public Interest 5. P.D. 1602, as amended by R.A. 9287: Anti-Gambling Act
5. Opium and other 6. P.D. 1613: Anti-Arson Law
prohibited drugs 7. P.D. 1866, as amended by R.A. No. 8294, R.A. No. 10591: Decree Codifying the Laws
6. Public Morals on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
7. Persons Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. No. 8294), as
8. Personal Liberty and further amended by the Comprehensive Firearms and Ammunition Regulation Act
Security (R.A. No. 10591)
9. Property 8. P.D. 6235: Anti-Hijacking Law
10. Chastity 9. Republic Act (R.A.) No. 3019: Anti-Graft and Corrupt Practices Act
11. Civil Status 10. R.A. No. 6539, as amended by R.A. No. 7659: Anti-Carnapping Act of 1972
12. Honor 11. R.A. No. 7080: Anti-Plunder Act
13. Quasi-Offenses 12. R.A. No. 7610: Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act
13. R.A. No. 7877: Anti-Sexual Harassment Act of 1995
14. R.A. No. 8049: Anti-Hazing Law
15. R.A. No. 8293: Intellectual Property Code of the Philippines
16. R.A. No. 9194: Anti-Money Laundering Act
 17. R.A. No. 9208: Anti-Trafficking in Persons Act of 2003
18. R.A. No. 9262: Anti-Violence against Women and their Children Act of 2004
19. R.A. No. 9372: Human Security Act of 2007
20. R.A. No. 9745: Anti-Torture Act of 2009
21. R.A. No. 9995: Anti-Photo and Video Voyeurism Act of 200
22. R.A. No. 10175: Cyber Crime Law

CRIMES AGAINST NATIONAL SECURITY

COMPARISON BETWEEN TREASON and OTHER CRIMES
TREASON REBELLION COUP DÉTAT SEDITION
Title
Crimes against national Crimes against public order Crimes against public order Crimes against public order
security
Condition
War Peace Peace Peace
Purpose
Levy war against the Remove from the allegiance to Seize or diminish state power PREVENT:
Phil said Government or its laws: (i) 1. Promulgation or
The territory of the Philippines execution of any law or
Adhere to enemies, or any part thereof; or (ii) any the holding of any
giving them aid or body of land, naval or other popular election
comfort armed forces; or 2. National government, or
any public officer from
Deprive the Chief Executive or freely exercising its or his
Congress, wholly or partially, of functions, or prevent the
any of their powers or execution of any
 prerogative. administrative order
HATE:
1. Public officer or employee
2. Against private persons or
any social cases for
political end
DESPOIL:
1. Property of any person,
municipality or province,
or the National
Government of all its (for
any political or social end)
Committed by
Citizen People outside the government Military, Police or Public Any person
Alien service Officer/Employee, with or
without civilian support
How committed
1. Levying war Rising publicly and taking of 1. Swift attack accompanied 1. Rising public or
2. Giving aid or arms by violence, intimidation, tumultuously
comfort to the threat, strategy or stealth 2. Force, threat and
enemy 2. Singly, or Simultaneously intimidation or by other
carried out means outside legal
methods.

How proved
1. Two-witness rule No specific requirement No specific requirement No specific requirement
2. Confession by the
accused in an open
court
CONSPIRACY/PROPOSAL TO COMMIT TREASON MISPRISSION OF TREASON
If the crime of treason was committed was committed as a result of a 1. Allegiance to the government of the
conspiracy or proposal therefore, he latter acts are absorbed therein Philippines
since the accused becomes thereby a conspirator or principal by 2. Not foreigner
inducement whose acts are integrated into the crime of treason itself. 3. Knowledge of any conspiracy to commit
treason against the said government
4. Conceals or fails to disclose and make
known the same as soon as possible to the:
Governor, Fiscal of the province, Mayor or
fiscal of the city in which he resides.
ESPIONAGE
ELEMENTS FIRST MODE SECOND MODE
(Offender: Filipino/Resident alien) (Public Officer)
PLACES entered: 1. Entry to any of the places 1. Possession the articles,
 Warship mentioned column 1 data or information
 Fort 2. No authority therefore; referred in the first, by
 Military 3. Purpose: to obtain information, reason of the public
 Naval establishments plans, photographs or other data office he holds;
relative to the defense of the 2. Disclosure of their
Philippines. contents to a
representative of a
foreign nation.
Commonwealth Act (CA) No. 616 :
An Act to Punish Espionage and Other Offenses ESPIONAGE TREASON
against the National Security
1. Unlawful OBTAINING OF INFORMATION Committed both in time of peace and Committed in time of war
relative to the defense of the Philippines or time of war. only
to the advantage of any foreign nation Committed in many ways Limited to two ways:
2. Unlawful DISCLOSING OF INFORMATION 1. Levying war;
relative to the defense of the Philippines 2. Adhering to enemy
3. DISLOYAL ACTS IN TIME OF PEACE giving him aid and
4. DISLOYAL ACTS IN TIME OF WAR comfort
5. CONSPIRACY TO VIOLATE any of the said Disregards the nationality or citizenship of the offender
acts;
6. HARBORING OR CONCEALING violators of
the law
7. PHOTOGRAPHING from aircraft of vital
military information
PIRACY
Piracy is a robbery or forcible depredation on the high seas, without lawful authority, done in the spirit and intention of
universal hostility (US v. Palmer, 3 Wheat. 610, 4L. Ed. 471). A pirate is an enemy of the human race. Piracy is a crime
against the laws of the nation (jure gentium).

Mutiny – at sea, it consists in attempts to usurp the command of the vessel from the master, or to deprive him in free
and lawful exercise of his authority; the overthrowing of the legal authority of the master, with an intent to remove him,
against his will, and the like. (Moreno, Philippine Law Dictionary, p. 614)

Under the Article 122, RPC Under PD 532: ANTI‐PIRACY AND ANTI‐ HIGHWAY
 ROBBERY
Committed by any person who, not being a member of the Committed by any person including a passenger or
complement nor a passenger, shall, on the high seas attack a vessel, member of the complement of the said vessel.
its equipment or personal belongings of its complement or Committed in the Philippine waters.
passengers. (limits offenders to non-passengers or non-members of
the crew
PIRACY MUTINY
Offenders Strangers to the vessel 1. Members of the complement
2. Passengers
Intent to gain Material Immaterial
Origin of the Outside Inside
attack
QUALIFIED PIRACY QUALIFIED MUTINY
Special 1. Seizure of the vessel by boarding or firing 1. When the crime is accompanied by
qualifying upon the same murder, homicide, physical injuries or
circumstances 2. Abandonment of the victims without any rape.
means of saving themselves
3. When the crime is accompanied by
murder, homicide, physical injuries or
rape.
PD 532: ANTI‐PIRACY AND ANTI‐ HIGHWAY ROBBERY
Highway Robbery/Brigandage – the seizure of any person for ransom, extortion or other unlawful purposes or the
taking away of the property of another by means of violence against or intimidation of persons or force upon things or
other unlawful means, committed by any person on any Philippine Highway.

Philippine Highway -- any road, street, passage, highway and bridges or other parts thereof or railway or railroad within
the Philippines used by persons or vehicles or locomotives or trains for the movement or circulation of persons or
transportation of goods, articles or property or both.

Vessel – vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine
waters. It shall include all kinds and types of vessels or boats used in fishing.
RA 6235: ANTI‐HIJACKING LAW
 The aircraft must be of Philippine registry and it must be in flight.
 An aircraft is considered in flight from the moment all exterior doors are closed following the embarkation until such
time when the same doors are again opened for disembarkation.
PUNISHABLE ACTS:
1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to
change the course or destination of the aircraft;
2. Usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots
thereof to land in any part of the Philippine territory;
3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any
flammable, corrosive, explosive, or poisonous substances.

R.A. 9372: HUMAN SECURITY ACT OF 2007

TERRORISM: Any person who commits an act punishable under any of the following provisions of the:
RPC Special Laws
1. Piracy in General and Mutiny in the High Seas or in 1. Law on Arson (P.D.1613)
the Philippine Waters (Art.122) 2. Toxic Substances and Hazardous and Nuclear
2. Rebellion or Insurrection (Art. 134) Waste Control Act of 1990 (R.A.6969)
3. Coup d'etat, including acts committed by private 3. Atomic Energy Regulatory and Liability Act of
person (Art.134‐a) 1968 (R.A.5207)
4. Murder (Art.248) 4. Anti‐Hijacking Law (R.A.6235)
 5. Kidnapping and Serious Illegal Detention (Art.267) 5. Anti‐Piracy and Anti‐Highway Robbery Law of
6. Crimes Involving Destruction (Art.324) 1974 (P.D. 532) and
6. Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing In, Acquisition
or Disposition of Firearms, Ammunitions or
Explosives (P.D. 1866 as amended)

NOTE: The acts under special laws must:

1. Sow and create a condition of widespread and
extraordinary fear and panic among the populace;
2. Coerce the government to give in to an unlawful
demand.
PENALTY
Forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as
the Indeterminate Sentence Law, as amended.

CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE

ARBITRARY DETENTION
The curtailment of the victim’s liberty need not involve any physical ELEMENTS:
restraint upon the victim’s person. If the acts and actuations of the 1. Offender is a public officer or employee
accused can produce such fear in the mind of the victim sufficient to 2. He detains a person
paralyze the latter, to the extent that the victim is compelled to limit his 3. Detention is without legal grounds.
own actions and movements in accordance with the wishes of the
accused, then the victim is, for all intent and purposes, detained against
his will. (Benito Astorga v. People, G.R. No. 154130, Oct. 1, 2003
ARBITRARY DETENTION vis-à-vis ILLEGAL DETENTION vis-à-vis UNLAWFUL ARREST
ARBITRARY DETENTION ILLEGAL DETENTION UNLAWFUL ARREST
The principal offender must be a public The principal offender is a private person The offender may be any
officer with authority to make arrest; The offender, even if he is a public officer, person
Private individuals, if acting as conspirator does not include as his function the power
with public officer. to arrest and detain a person.

The purpose for detaining the offended The purpose for detaining the offended The purpose is to accuse
party is to deny him of his liberty. party is to deny him of his liberty. the offended party of a
crime he did not commit,
to deliver the person to
the proper authority, and
to file the necessary
charges in a way trying to
incriminate hm.
R.A. 9745: ANTI‐TORTURE ACT
Torture: severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as:
1. Obtaining from him/her for an act he/she or a third person has committed or is suspected of having committed; or
2. Intimidating or coercing him/her or a third person;
3. For any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of,
or the consent of or acquiescence of a person in authority or agent of a person in authority.
Physical Torture
A form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body.
Mental/Psychological Torture
Acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the
mind and/or undermine a person’s dignity and morale.
Other Punishable Acts
1. Other cruel, inhuman and degrading treatment or punishment
2. Prohibited detention - Secret detention places, solitary confinement, incommunicado or other similar forms of
detention, where torture may be carried out with impunity are profited.
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY
ELEMENTS PERIODS: RPC Human Security Act
1. Offender is a public 12 hours : light Period of detention without judicial warrant of arrest:
officer or employee 18 hours : correctional within 3 DAYS counted from the moment of the arrest.
2. He has detained a 36 hours : afflictive Suspect is released immediately: if within 3 days after
person for some legal the date of detention of the suspects, suspects’
ground Sundays, holidays and election connection with the terror attack or threat is not
3. He fails to deliver such days are excluded in the established
person to the proper computation of these periods
judicial authorities (Soria v. Disierto, G.R. Nos. XPN: In the event of an actual or imminent terrorist
153524-25, January 31, 2005) attack, suspects may be detained for more than 3 days
upon the written approval of:
1. Municipal, city, provincial or regional official of a
Human Rights Commission or
2. Judge of the Municipal, RTC, the Sandiganbayan
or
3. A justice of the CA nearest the place of the
 arrest.

Arrest is made during Saturdays, Sundays, holidays or

after office hours: the arresting police or law
enforcement personnel shall bring the person thus
arrested to the residence of any of the officials
mentioned above.
EXPULSION
1. Offender is a public officer or employee
2. He either: (a) Expels any person from the Philippines; (b) Compels a person to change residence
3. Offender is not authorized to do so by law (i.e., in cases of ejectment, expropriation or when penalty imposed is
destierro).

VIOLATION OF DOMICILE
1. Offender is public officer or Ways of Committing the Violation of Domicile
employee;  Entering any dwelling  Searching papers or  Refusing to leave
2. He is not authorized by against the will of the other effects found the premises after
judicial order to enter the owner thereof therein without the having
dwelling and/or to make a previous consent of such surreptitiously
search for papers and for owner entered said
other effects. dwelling and after
having been
required to leave
the same
SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
1. Procuring a search warrant without just cause: 2. Exceeding his authority or by using unnecessary
 severity in executing a search warrant legally
procured
Elements: Elements:
a. Offender is a public officer or employee; a. Offender is a public officer or employee
b. Procures a search warrant; b. Legally procured a search warrant
c. There is no just cause c. Exceeds his authority or uses unnecessary
severity in executing the same
SEARCHING DOMICILE WITHOUT WITNESSES
Elements: Order of those who must witness the search
1. Offender is a public officer or employee 1. Homeowner
2. He is armed with search warrant legally procured 2. Members of the family of sufficient age and
3. He searches the domicile, papers or other belongings of discretion
any person 3. Responsible members of the community
4. Owner or any member of his family, or two witnesses
residing in the same locality are not present.
 REBELLION COUP D’ETAT SEDITION
CRIMES AGAINST PUBLIC ORDER
Elements
1. There is (a) Public uprising, and (b) 1. POLICE OR HOLDING ANY 1. Offender rise (a) Publicly, and (b)
taking arms against government; PUBLIC OFFICE or Tumultuously
2. Purpose of the uprising or movement employment 2. They employ force, intimidation or
is either to: 2. It is committed by means of a other means outside of legal
(a) Remove from the allegiance to SWIFT ATTACK accompanied methods
said Government or its laws: by violence, intimidation, 3. Offenders employ any of those
i. The territory of the threat, strategy or stealth means to attain any of the
Philippines or any part 3. Attack is directed against following objects to:
thereof; or duly constituted authorities a. Prevent the PROMULGATION
ii. Anybody of land, naval or of the Republic of the OR EXECUTION OF ANY LAW or
other armed forces; or Philippines or any military the HOLDING OF ANY
(b) Deprive the Chief Executive or camp or installation, POPULAR ELECTION
Congress, wholly or partially, of communication networks, b. Prevent the NATIONAL
any of their powers or public utilities or other GOVERNMENT, OR ANY
prerogative. facilities needed for the PUBLIC OFFICER FROM FREELY
INSURRECTION: The movement merely exercise and continued EXERCISING ITS OR HIS
seeks to effect some change of minor possession of power FUNCTIONS, or prevent the
importance, or to prevent the exercise of 4. Purpose of the attack is to execution of any
governmental authority of particular seize or diminish state power ADMINISTRATIVE ORDER
matters of subject. c. Inflicting any act of HATE OR
REVENGE OF ANY PERSON OR
DISLOYALTY OF PUBLIC OFFICER AND PROPERTY OF ANY PUBLIC
EMPLOYEES OFFICER OR EMPLOYEE
 1. Failing to resist a rebellion by all d. Commit, for any political or
means in their power social end, ANY ACT OF HATE
2. Continuing to discharge the duties of OR REVENGE AGAINST
their offices under the control of the PRIVATE PERSONS or any social
rebels cases
e. DESPOIL, for any political or
social end any person,
municipality or province, or
the National Government of all
its PROPERTY or any part
thereof

CONSPIRACY TO COMMIT REBELLION OR PROPOSAL TO COMMIT REBELLION OR INCITING TO

INSURRECTION INSURRECTION REBELLION OR
INSURRECTION
CONSPIRACY to commit rebellion: when two or The person who proposes has decided to It is not a
more persons come to an agreement to rise commit rebellion. requirement that
publicly and take arms against the government the offender has
for any of the purposes of rebellion and decide decided to commit
to commit it. rebellion.
Rebellion in proposed through secret means. The act of inciting is
committed publicly:
Inciting is done by
means of speeches,
proclamations,
writings, emblems,
 banners, or other
representations
tending to the
same end.
 Offender induces another to commit rebellion.
 Rebellion should not actually be committed. If rebellion is
committed, the person inciting to commit the rebellion may
be indicted as principal by inducement in the crime of
rebellion.
CONSPIRACY TO COMMIT SEDITION INCITING TO SEDITION
To be liable, there must be an Punishable acts When Punishable
agreement and determination to 1. Inciting others to the accomplishment of any of 1. Tend to disturb or
rise publicly and tumultuously to the acts which constitute sedition by means of obstruct any lawful
attain any of the objects specified in speeches, proclamations, writings, emblems, etc officer in executing
Art. 139 2. Uttering seditious words or speeches which tend the functions of his
to disturb the public peace office
NOTE: There is no crime punishing 2. Tend to instigate
3. Writing, publishing or circulating scurrilous libels
proposal to sedition. . others to cabal and
against the government or any of the duly
meet together for
constituted authorities thereof, which tend to
unlawful purposes
disturb the public peace 3. Suggest or incite
rebellious
conspiracies or riots
4. Lead or tend to stir
up the whole people
against the lawful
 authorities or to
disturb the peace of
the community, the
safety and order of
the Government
Test for seditious words
Clear and present danger rule – words must be of Dangerous tendency
such nature that by uttering them there is a danger rule – if words used tend
of public uprising and that such danger should be to create a danger of
both clear and imminent. public uprising, then
those words could
properly be subject of
penal clause. This is
generally adopted In the
Philippines).

ASSAULT UPON, RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY OR THEIR AGENTS

DIRECT ASSAULT INDIRECT ASSAULT RESISTANCE DISOBEDIENCE TO SUMMONS
First form: Without Person in authority or his 1. Person in authority or 1. Refusing, without legal
public uprising, by agent is the victim of the his agent is engaged in excuse, to obey summons
employing force or forms of direct assault the performance of of Congress, it’s special or
intimidation for 1. A person comes to the official duty or gives a standing committees and
attainment of any of the aid of such authority or lawful order to the subcommittees, the
purposes enumerated his agent offender Constitutional
in defining the crimes of 2. Offender makes use of 2. Offender resists or Commissions and its
rebellion and sedition. force or intimidation seriously disobeys such committees,
 upon such person coming person in authority or subcommittees or
Second form: Without to the aid of the his agent divisions, or by any
public uprising, by authority or his agent 3. Act of the offender is commission or committee
attacking, by employing not included in the chairman or member
force, or by seriously provisions of Arts. 148, authorized to summon
intimidating or seriously 149 and 150 witnesses
resisting any person in 2. Refusing to be sworn or
authority or any of his NOTE: placed under affirmation
agents, while engaged  Resistance must not be while being presented
in the performance of serious; otherwise, the before such legislative or
official duties, or on the crime is direct assault. constitutional body or
occasion of such  Disobedience must be official
performance. serious. 3. Refusing to answer any
legal inquiry or to produce
NOTE: any books, papers,
 In Direct Assault, the documents or records in
Person in authority his possession, when
or his agent is required by them to do so
assaulted thru the in the exercise of their
following ways: functions
1. Attacking 4. Restraining another from
2. Employing attending as a witness in
force such legislative or
3. Seriously constitutional body
intimidating 5. Inducing disobedience to
4. Seriously a summons or refusal to
 resisting be sworn by any such
body or official

KEYPOINTS in DIRECT ASSAULT and INDIRECT ASSAULT

Public Officer (PO) Person in Authority (PA) Agent of Person In Authority
(APA)
Any person who takes part Any person directly vested with jurisdiction, whether as an Any person who by direct
in the performance of individual or as a member of some court or governmental provision of law or by
public functions in the corporation, board or commission which exercises the election or by appointment
government. power and authority to govern and execute the laws. by competent authority is
charged with the:
1. Mayors Maintenance of public
2. Division superintendent of school order; and Protection and
3. Public and private school teachers security of life and property.
4. Provincial Fiscal
5. Judges 1. Barangay Kagawad
6. Lawyers in actual performance of duties 2. Barangay Tanod
7. Sangguniang Bayan member 3. Barangay
8. Barangay Chairman Councilman
9. Members of the Lupong Tagapamayapa 4. Any person who
10. Teachers, lawyers and heads of schools are comes to the aid of
persons in authority only for purposes of Art. 152 persons in authority
in relation to Arts. 148 and 151, and in connection
with their duties.

PUBLIC DISORDERS
 TUMULTS AND OTHER UNLAWFUL USE OF MEAN ALARMS AND SCANDALS DELIVERY OF PERSONS
DISTURBANCES OF PUBLIC OF PUBLICATION AND FROM JAIL
ORDERS UNLAWFUL UTTERANCES
1. Causing any serious 1. Publishing or causing to 1. Discharging any 1. There is a person
disturbance in a public be published, by means firearm, rocket, confined in a jail or
place, office or of printing, lithography firecracker, or other penal establishment
establishment. or any other means of explosive within any 2. Offender removes
2. Interrupting or publication, as news any town or public place, therefrom such person
disturbing false news which may calculated to cause or helps the escape of
performances, endanger the public alarm or danger. such person
functions or gatherings, order, or cause damage 2. Instigating or taking an
or peaceful meetings, if to the interest or credit active part in any Who may be the offender/s?
act is not included in of the State. charivari or other 1. Usually, an outsider to
Arts. 131 and 132. 2. Encouraging disorderly meeting the jail
3. Making any outcry disobedience to the law offensive to another 2. It may also be:
tending to incite or to the constituted or prejudicial to public a. An employee of the
sedition in any authorities or by tranquility. penal establishment
meeting, association or praising, justifying or 3. Disturbing the public who does not have
public place. extolling any act peace while the custody of the
4. Displaying placards, or punished by law, by the wandering about at prisoner
emblems which same means or by night or while engaged b. A prisoner who helps
provoke a disturbance words, utterances and in any other nocturnal the escape of
of public order in such speeches. amusements. another prisoner.
place. 4. Causing any
5. Burying with pomp the disturbance or scandal
body of a person who in public places while
 has been legally intoxicated or
executed. otherwise, provided
the act is not covered
by Art. 153.
EVASION OF SERVICE OF SENTENCE
EVASION OF SERVICE OF EVASION OF SERVICE OF OTHER CASES OF QUASI-RECIDIVISM
SENTENCE SENTENCE ON THE OCCASION EVASION OF SERVICE OF
OF DISORDERS, SENTENCE
CONFLAGRATION,
EARTHQUAKES AND OTHER
CALAMITIES
1. Offender is a convict by 1. Offender is a convict by final VIOLATION OF Any person who shall
final judgment judgment, who is confined in CONDITIONAL PARDON commit a felony after
2. He is serving his a penal institution having been convicted by
sentence which consist 2. There is disorder, resulting ELEMENTS: final judgement, before
of deprivation of liberty from: 1. Offender was a beginning to serve such
3. He evades the service a. Conflagration convict sentence, or while
of his sentence by b. Earthquake 2. He was granted a serving the same, shall
escaping during the c. Explosion conditional pardon be punished by the
term of his sentence d. Similar catastrophe by the Chief maximum period of the
e. Mutiny in which he has Executive penalty prescribed by law
QUALIFYING not participated 3. He violated any of for the new felony.
CIRCUMSTANCES: 3. Offender evades the service the conditions of
1. By means of unlawful of his sentence by leaving such pardon
entry (by scaling) the penal institution where
2. By breaking doors, he is confined on the
 windows, gates, walls, occasion of such disorder or
roofs, or floors during the mutiny
3. By using picklocks, false 4. Offender fails to give himself
keys, disguise, deceit, up to the authorities within
violence or 48 hours following the
intimidation; or issuance of proclamation by
4. Through connivance Chief Executive announcing
with other convicts or the passing away of such
employees of the penal calamity
institution
The penalty of commission of
this felony is an increase by 1/5
of the time remaining to be
served under the original
sentence, in no case to exceed 6
months.

CRIMES AGAINST PUBLIC INTEREST

Counterfeiting
 refers to money or currency
 committed by giving to a treasury or bank note or any instrument payable to the bearer or to order the appearance of
true and genuine document
Felonies under Forgeries
 1. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or the stamp of the
Chief executive
2. Using forged signature or counterfeit seal or stamp
3. Making and importing and uttering false coins
4. Mutilation of coins
5. Mutilation means diminishing or taking off by ingenuous means part of the metal in the coin either by filing or
substituting it for another metal of inferior quality.
6. Selling of false or mutilated coin, without connivance
7. Forging treasury or bank notes or other documents payable to bearer; importing, and uttering such false or forged
notes and documents
8. Counterfeiting, importing and uttering instruments payable to bearer
9. Illegal possession and use of false treasury or bank notes and other instruments of credit
P.D. 427 Punishes possession of silver or nickel coins in excess of P50.00. It is a measure of national policy to
protect the people from the conspiracy of those hoarding silver or nickel coins and to preserve and
maintain the economy.

Falsification of documents
KINDS OF DOCUMENTS
1. Public document any instrument notarized by a notary public or competent public official with the solemnities
required by law.
2. Official document any instrument issued by the government or its agents or officers having authority to do so
and the offices, which in accordance with their creation, they are authorized to issue.
3. Private document every deed or instrument by a private person without the intervention of the notary public or
of any other person legally authorized, by which document some disposition or agreement is
proved, evidenced or set forth.
4. Commercial document any instrument executed in accordance with the Code of Commerce of any mercantile law
 containing disposition of commercial rights or obligations.

Falsification of Public Document Falsification of Private Document

Mere falsification is enough Aside from falsification, prejudice to a third person or intent to cause it,
is essential.
Can be complexed with other crimes if the act of There is no complex crime of estafa through falsification of a private
falsification was the necessary means in the document. Hence, when one makes use of a private document, which
commission of such crimes, like estafa, theft, or he falsified, to defraud another, there results only one crime: that of
malversation. (i.e. Malversation through falsification of a private document.
falsification of a public document; Estafa
through falsification of a public document)
Felonies under Falsification
Falsification of legislative 1. There be a bill, resolution or ordinance enacted or approved or pending approval
documents by either House of the Legislature or any provincial board or municipal council
2. Offender alters the same
3. He has no proper authority therefore
4. Alteration has changed the meaning of the document
Falsification by public officer, 1. Offender is a public officer, employee, or notary public.
employee or notary or ecclesiastic 2. He takes advantage of his official position –
minister a. He has the duty to make or prepare or to otherwise intervene in the
preparation of the document; or
Who are the persons liable? b. He has the official custody of the document which he falsifies.
1. Public officer, employees, or 3. He falsifies a document by committing any of the following acts:
notary public who takes a. Counterfeiting or imitating any handwriting, signature or rubic;
advantages of official position b. Causing it to appear that persons have participated in any act or
2. Ecclesiastical minister if the act proceeding when they did not in fact so participate;
 of falsification may affect the c. Attributing to persons who have participated in an act or proceeding
civil status of persons statement other than those in fact made by them;
3. Private individual, if in d. Making untruthful statements in a narration of facts
conspiracy with public officer e. Altering true dates
f. Making any alteration or intercalation in a genuine document which
NOTE: In case the offender is an changes its meaning
ecclesiastical minister, the act of g. Issuing in authenticated form a document purporting to be a copy of any
falsification is committed with original document when no such copy a statement contrary to, or
respect to any record or document different from that of the genuine original
of such character that the h. Intercalating any instrument or note relative to the issuance thereof in a
falsification may affect the civil protocol, registry or official book.
status of persons.
Falsification by private individuals and use of falsified documents
1. Falsification of public a. Offender is a private individual or public officer or employee who did not take
official or commercial advantage of his official position
document by a private b. He committed any act of falsification
individual. c. The falsification is committed in a public, official, or commercial document or letter of
exchange
2. Falsification of private a. Offender committed any of the acts of falsification except Art. 171 (7), that is issuing in
document by any person an authenticated form a document purporting to be a copy of an original document
when no such original exists, or including in such a copy a statement contrary to, or
different from that of the genuine original
b. Falsification was committed in any private document
c. Falsification cause damage to a third party or at least the falsification was committed
with intent to cause such damage
3. Use of falsified a. In introducing in a judicial proceeding –
 document. i. Offender knew that the document was falsified by another person
ii. the falsified document is in Articles 171 or 172 (1 or 2)
iii. He introduced said document in evidence in a judicial proceeding
b. In use in any other transaction –
i. Offender knew that a document was falsified by another person
ii. The false document is embraced in Art. 171 or 172 (1 or 2)
iii. He used such document
iv. The use caused damaged to another or at least used with intent to cause damage
False medical certificates, false certificates of merit or service, etc.
1. Issuance of false certificate by a physician or surgeon in connection with the practice of his profession ;
2. Issuance of a false certificate or merit or service, good conduct or similar circumstances by a public officer;
3. Falsification by a private person of any certificate falling within 1 and 2.
Using false certificates
1. A physician or surgeon had issued a false medical certificate, or public officer had issue a false certificate or service,
good conduct, or similar circumstance, or a private person had falsified any of said certificates
2. Offender knew that the certificate was false
3. He used the same

Manufacturing and possession of instruments or implements for falsification

1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for
counterfeiting or falsification
2. Possessing with intent to use the instrument or implements for counterfeiting or falsification made in or introduced into
the Philippines by another person
 Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages
1. Uttering fictitious, wireless, telegraph or telephone message
2. Falsifying wireless, telegraph a. Offender is an officer or employee of the government or an officer or
or telephone message employee of a private corporation engaged in the service of sending or
receiving wireless, cable or telephone message
b. he falsifies wireless, cable telegraph or telephone message
3. Using such falsified message a. Offender knew that wireless, cable, telegraph, or telephone message was
falsified by an officer or employee of a private corporation, engaged in the
service of sending or receiving wireless, cable or telephone message
b. He used such falsified dispatch
c. The use resulted in the prejudice of a third party or at least there was intent
to cause such prejudice

RA 10175: COMPUTER-RELATED FRAUD

COMPUTER-RELATED FRAUD COMPUTER-RELATED FORGERY

The unauthorized input, alteration, or deletion of (i) The input, alteration, or deletion of any computer data
computer data or program or interference in the without right resulting in inauthentic data with the intent
functioning of a computer system, causing damage that it be considered or acted upon for legal purposes as
thereby with fraudulent intent: Provided, That if no if it were authentic, regardless whether or not the data is
damage has yet been caused, the penalty imposable directly readable and intelligible; or
shall be one (1) degree lower. (ii) The act of knowingly using computer data which is the
product of computer-related forgery as defined herein,
for the purpose of perpetuating a fraudulent or dishonest
 design [Sec 4 (b), RA 10175]

OTHER FALSITIES
Usurpation of Usurpation of Authority Usurpation of Official Functions
authority Knowingly and falsely representing oneself to be Performing any act pertaining to any person in
or an officer, agent or representative of any authority or public officer of the Philippine
official department or agency of the Philippine Government or of a foreign government or any
functions Government or any foreign government. agency thereof, under pretense of official position,
and without being lawfully entitled to do so.
Using Using Fictitious Name Concealing true name
fictitious Element of publicity must be present Element of publicity not required
names and Purpose: either to conceal a crime, to evade the Purpose: merely to conceal identity and all other
concealing execution of a judgment, or to cause damage personal circumstances
true name Using fictitious name Usurpation of civil Estafa Using fictitious name under
(Art. 178) status (par. 2[a], Art. 315) P.D. 1829
(Art. 348)
Purpose is to conceal Purpose is to enjoy the Purpose is to Purpose of publicly using a
a crime, evade rights arising from the defraud third fictitious name is to conceal
execution of civil status of the persons a crime, evade prosecution,
judgment, cause person impersonated. or the execution of a
damage and to public judgment or concealing his
interest true name and other
personal circumstances for
the same purpose or
 purposes.
COMMONWEALTH ACT No. 142,
An Act Regulating the Use of Aliases
as amended by R.A. No. 6085
General Rule No person shall use any name different from the one with which
he was registered at birth in the office of the local civil registry, or
with which he was registered in the bureau of immigration upon
entry; or such substitute name as may have been authorized by a
competent court.
Exception Pseudonym solely for literary, cinema, television, radio, or other
entertainment and in athletic events where the use of pseudonym
is normally accepted practice.

Illegal use of 1. Offender makes use of insignia, uniform or dress

uniforms or 2. The insignia, uniform or dress pertains to an office not held by the offender or to a class of persons
insignia of which he is not a member
3. Said insignia, uniform, or dress is used publicly and improperly

FALSE TESTIMONY
Definition A false testimony is a declaration under oath of a witness in a judicial proceeding which is
contrary to what is true, or to deny the same or to alter essential truth.
KINDS ELEMENTS
False testimony against a 1. There is a criminal proceeding
defendant 2. The offender testify falsely under oath against the defendant in such case;
3. The offender knows that such testimony is false;
4. The defendant against whom such false testimony was given is either acquitted or
convicted by final judgment
False testimony favorable 1. Intent to favor the accused. The intent to favor defendant is sufficient.
to the defendant 2. False testimony in favor of a defendant need not directly influence the decision of
acquittal and it need not benefit the defendant.
False testimony in civil 1. Testimony must be given in a civil case.
cases 2. It must relate to the issues presented in said case
3. It must be false
4. It must be given by the defendant knowing the same to be false
5. It must be malicious and given with an intent to affect the issued presented in said
case
False testimony in other Perjury False testimony
cases and perjury in Any willful and corrupt assertion of Testimony is given in course of judicial
solemn affirmation falsehood on material matter under oath procceding
and not given in judicial proceedings
There is perjury even during the Contemplates actual trial where judgment
preliminary investigation. of conviction or acquittal is rendered.
1. Accused made a statement under oath or executed an affidavit upon a material
matter
2. Statement or affidavit was made before a competent officer, authorized to receive
and administer oath
3. In that statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood
4. Sworn statement or affidavit containing the falsity is required by law
Offering false testimonies 1. Offender offered in evidence a false witness or false testimony
in evidence 2. He knew the witness or testimony was false
3. Offer was made in a judicial or official proceeding
 FRAUDS
Machinations in public Offender has the intent to cause the reduction of the price of the thing auctioned and
auctions does the following prohibited acts:
1. Soliciting any gift or promise as a consideration for refraining from taking part in any
public auction.
2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises
or any other artifice.

Monopolies and Monopoly – is a privilege or peculiar advantage vested in one or more persons or
combinations in restraint of companies, consisting in the exclusive right or power to carry on a particular article or
trade control the sale or the whole supply of a particular commodity.

Combination in restraint of trade -- is an agreement or understanding between two or

more persons, in the form of contract, trust, pool, holding company or other form of
association, for the purpose of unduly restricting competition, monopolizing trade and
commerce in a certain commodity, controlling its production, distribution and price, or
otherwise interfering with freedom of trade without authority.

PUNISHABLE ACTS:
1. Combination to prevent free competition in the market.
2. Monopoly to restrain free competition in the market.
3. Making transactions prejudicial to lawful commerce or to increase the price market
merchandise.

Importation and 1. Offender imports, sells or disposes gold, silver, other precious metals, or their alloys;
disposition of falsely 2. Stamps, brands, or marks of those articles or merchandise fail to indicate the actual
marked articles or fineness or quality of the same metal or alloy; and
merchandise made of gold, 3. Offender knows that the stamps, brands, or marks fail to indicate the actual fineness
silver, or other precious or quality of said metal alloy.
metals or their alloys
NOTE: Manufacturer is liable for Estafa.

Intellectual Property Code of the Philippines (RA No. 8293)

*repealed Arts 188 to 189 of the RPC
Unfair competition Unfair competition consists in employing deception or any other means contrary to good
faith by which any person shall pass off the goods manufactured by him or in which he
deals, or his business, or services for those one having established goodwill or
committing any act calculated to produce the result. (Sec. 168.2, R.A. 8293)
Infringement Any person who shall, without the consent of the owner of the registered mark:
1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a
registered mark or the same container or a dominant feature thereof in connection
with the sale, offering for sale, distribution, advertising of any goods or services
including other preparatory steps necessary to carry out the sale of any goods or
services on or in connection with which such use is likely to cause confusion, or to
cause mistake, or to deceive; or
2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant
feature thereof and apply such reproduction, counterfeit, copy or colorable imitation
to labels, signs, prints, packages, wrappers, receptacles or advertisements intended
to be used in commerce upon or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or in connection with which such
use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a
 civil action for infringement by the registrant for the remedies hereinafter set forth:
Provided, That the infringement takes place at the moment any of the acts stated in
Subsection 155.1 or this subsection are committed regardless of whether there is
actual sale of goods or services using the infringing material
Fraudulent designation of Any person who, on or in connection with any goods or services, or any container for
origin, and false description goods, uses in commerce any word, term, name, symbol, or device, or any combination
thereof, or any false designation of origin, false or misleading description of fact, or
false or misleading representation of fact, which:
a. Is likely to cause confusion, or to cause mistake, or to deceive as to the
affiliation, connection, or association of such person with another person, or as
to the origin, sponsorship, or approval of his or her goods, services, or
commercial activities by another person; or
b. In commercial advertising or promotion, misrepresents the nature,
characteristics, qualities, or geographic origin of his or her or another person's
goods, services, or commercial activities.

CYBER-SQUATTING {SEC.4 (6), RA 10175]

The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive
others from registering the same, if such a domain name is:
1. Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government
agency at the time of the domain name registration:
2. Identical or in any way similar with the name of a person other than the registrant, in case of a personal name;
and
3. Acquired without right or with intellectual property interests in it.
RA9160: THE ANTI-MONEY LAUNDERING ACT OF 2001, as amended R.A. 10168
Money Laundering -- crime whereby the proceeds of an unlawful activity as defined in the AMLA are transacted or
attempted to be transacted to make them appear to have originated from legitimate sources.
Predicate Crimes/ Unlawful Activity 1. Kidnapping for ransom
2. Drug trafficking and related offenses
The offense which generates dirty 3. Graft and corrupt practices
money or property. It is commonly 4. Plunder
called the predicate crime. It refers to 5. Robbery and Extortion
any act or omission or series or 6. Jueteng and Masiao
combination thereof involving or 7. Piracy
having direct relation to the following: 8. Qualified theft
9. Swindling
10. Smuggling
11. Violations under the Electronic Commerce Act of 2000
12. Hijacking; destructive arson; and murder, including those perpetrated by
terrorists against non-combatant persons and similar targets
13. Fraudulent practices and other violations under the Securities Regulation
Code of 2000
14. Felonies or offenses of a similar nature that are punishable under the
penal laws of other countries.
15. Terrorism financing and organizing or directing others to commit
terrorism financing (R.A. 10168).
16. Attempt/conspiracy to commit terrorism financing and organizing or
directing others to commit terrorism financing.
Covered Institutions 1. Banks and all other entities, including their subsidiaries and affiliates,
Those mandated by the AMLA to supervised and regulated by the Bangko Sentral ng Pilipinas
submit covered and suspicious 2. Insurance companies, pre-need companies and all other institutions
transaction reports to the AMLC. supervised or regulated by the Insurance Commission
3. Securities dealers and other entities supervised or regulated by the
Securities and Exchange Commission
Covered transactions Single transactions in cash or other equivalent monetary instrument involving
a total amount in excess of Five Hundred Thousand (P500,000) Pesos within
one (1) banking day.
Suspicious transactions Transactions 1. there is no underlying legal/trade obligation, purpose or economic
with covered institutions, regardless justification; the client is not properly identified;
of the amounts involved, where any 2. the amount involved is not commensurate with the business or financial
of the following circumstances exists: capacity of the client;
3. the transaction is structured to avoid being the subject of reporting
requirements under the AMLA;
4. there is a deviation from the client’s profile/past transactions;
5. the transaction is related to an unlawful activity/offense under the AMLA;
6. Transactions similar or analogous to the above.
Prohibited Acts
1. Knowingly transacting or attempting to transact any Penalty is 7 to 14 years imprisonment and a fine of not
monetary instrument/property which represents, less than P3M but not more than twice the value of the
involves or relates to the proceeds of an unlawful monetary instrument/property.
activity.
2. Knowingly performing or failing to perform an act in Penalty is 4 to 7 years imprisonment and a fine of not
relation to any monetary instrument/property involving less than P1.5M but not more than P3M.
the proceeds of any unlawful activity as a result of
 which he facilitated the offense of money laundering.
3. Knowingly failing to disclose and file with the AMLC any Penalty is 6 months to 4 years imprisonment or a fine of
monetary instrument/property required to be disclosed not less than P100,000 but not more than P500,000, or
and filed. both.

CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS

Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165)
 Section 4. Importation of Dangerous Drugs and/or  Section 16. Cultivation or Culture of Plants Classified as
Controlled Precursors and Essential Chemicals Dangerous Drugs or are Sources Thereof.
 Section 5. Sale, Trading, Administration, Dispensation,  Section 17. Maintenance and Keeping of Original Records of
Delivery, Distribution and Transportation of Dangerous Transactions on Dangerous Drugs and/or Controlled Precursors
Drugs and/or Controlled Precursors and Essential and Essential Chemicals.
Chemicals.  Section 18. Unnecessary Prescription of Dangerous Drugs.
 Section 6. Maintenance of a Den, Dive or Resort.  Section 19. Unlawful Prescription of Dangerous Drugs.
 Section 20. Confiscation and Forfeiture of the Proceeds or
 Section 7. Employees and Visitors of a Den, Dive or Resort Instruments of the Unlawful Act, Including the Properties or
 Section 8. Manufacture of Dangerous Drugs and/or Proceeds Derived from the Illegal Trafficking of Dangerous
Controlled Precursors and Essential Chemicals. Drugs and/or Precursors and Essential Chemicals.
 Section 9. Illegal Chemical Diversion of Controlled  Section 27. Criminal Liability of a Public Officer or Employee for
Precursors and Essential Chemicals. Misappropriation, Misapplication or Failure to Account for the
 Section 10. Manufacture or Delivery of Equipment, Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Instrument, Apparatus, and Other Paraphernalia for Sources of Dangerous Drugs, Controlled Precursors and
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Essential Chemicals. Laboratory Equipment Including the Proceeds or Properties
 Section 11. Possession of Dangerous Drugs. Obtained from the Unlawful Act Committed.
 Section 12. Possession of Equipment, Instrument,  Section 28.Criminal Liability of Government Officials and
Apparatus and Other Paraphernalia for Dangerous Drugs. Employees.
 Section 13. Possession of Dangerous Drugs During Parties,  Section 26. Attempt or Conspiracy
Social Gatherings or Meetings.  Section 29. Criminal Liability for Planting of Evidence
 Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or Meetings.
 Section 15. Use of Dangerous Drugs.
 CRIMES AGAINST PUBLIC MORALS
Anti-Gambling Act (P.D. 1602, as amended by R.A. 9287)
Punishable 1. Taking part, directly or indirectly take part in any illegal or unauthorized activities or games of
acts cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing,
numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao,
pangguingue and other card games; paik que, high and low, mahjong, domino and other games
using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions
and devices; dog racing, boat racing, car racing and other forms of races, basketball, boxing,
volleyball, bowling, pingpong and other forms of individual or team contests to include game
fixing, point shaving and other machinations; banking or percentage game, or any other game
scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or
representative of value are at stake or made.
2. Permitting any form of gambling referred to in No. 1 to be carried on in inhabited or uninhabited
place or in any building, vessel or other means of transportation owned or controlled by him. If
the place where gambling is carried on has a reputation of a gambling place or that prohibited
gambling is frequently carried on therein, or the place is a public or government building or
barangay hall.
Informer's Any person who shall disclose information that will lead to the arrest and final conviction of the
reward malfactor shall be rewarded twenty percent of the cash money or articles of value confiscated or
forfeited in favor of the government.

Grave Scandal
1. Offender performs an act or acts
2. Such act or acts be highly scandalous as offending against decency or good customs
3. Highly scandalous conduct is not expressly falling within any article of this code
4. Act or acts complained of be committed in a public place or within the public knowledge or view

Grave Scandal Acts of Lasciviousness

Scandal involved refers to moral scandal offensive to Scandalous acts are committed against the will of the
decency, although it does not disturb public peace. But woman. Force or intimidation is employed.
such conduct or act must be open to the public view.

Immoral doctrines, obscene publications and exhibitions, and indecent shows

1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals ;
2. The authors of obscene literature, published with their knowledge in any form, the editors publishing such
literature; and the owners/operators of the establishment selling the same
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit incident or immoral plays, scenes, acts, or
shows, it being understood that the obscene literature or incident or immoral plays, scenes, acts, or show, whether
live or in film which are prescribed by virtue hereof shall include those which:
a. Glorify criminals or condone crimes
b. Serve no other purpose but to satisfy the market for violence, lust or pornography
c. Offend any race, or religion
d. Tend to abet traffic in and use of prohibited drugs
e. Are contrary to law, public order, morals, good customs, established policies, unlawful orders, decrees and
edicts
4. Those who shall sell, give away, or exhibit, film, prints, engravings, sculptures, or literature which are offensive to
morals. Publicity is essential.

Vagrants Prostitutes
Vagrants are those who loiter around public or private They are women who, for money or profit, habitually indulge
places without any visible means of support but who in sexual intercourse or lascivious conduct.
are physically able to work and without any lawful
purpose.
A man if the engages in sex for money is not a A woman who for profit or money habitually engages in
prostitute, but a vagrant. sexual or lascivious conduct is a prostitute.
PUBLIC OFFICERS
RPC (ART.203) ANTI-GRAFT AND CORRUPT PRACTICES ACT ANTI-PLUNDER LAW
(RA 3019) (RA 7080, as amended
by RA 7659)
To be a public officer, one must: Public officer includes ELECTIVE and Any person holding
1. Take part in the performance of public APPOINTIVE officials and EMPLOYEES, any public office in the
functions in the government, or in performing PERMANENT OR TEMPORARY, whether in Gov’t of the Republic
in said government or in any of its branches the CLASSIFIED OR UNCLASSIFIED or of the Philippines by
public duties as an employee, agent or EXEMPT SERVICE RECEIVING virtue of an
subordinate official, or any rank or class; and COMPENSATION, even nominal, from the APPOINTMENT,
government as defined in the preceding ELECTION or a
2. That his authority to take part in the subparagraph. CONTRACT.
performance of public functions or to perform
public duties must be by –
a) Direct provision of the law
b) Popular election
c) Appointment by competent authority

CRIMES COMMITTED BY PUBLIC OFFICERS

 THREE KINDS OF BREACH OF DUTY COMMITTED BY A PUBLIC OFFICER
Misfeasance Nonfeasance Malfeasance
Definition
A public officer performs official acts in the A public officer willfully refrains or refuses to A public officer performs
manner not in accordance with what the law perform an official duty which his office in his public office an act
prescribes. requires him to perform. prohibited by law.
Examples
1. Knowingly rendering unjust judgment 1. Dereliction of duty in the prosecution of 1. Direct bribery
2. Rendering judgment through negligence offenses 2. Indirect bribery
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of
justice

MALFEASANCE/MISFEASANCE COMMITTED BY JUDGES

Knowingly rendering Judgment rendered through Unjust Interlocutory order Malicious
unjust judgment negligence delay in the
administration
of service
1. Offender is a judge 1. Offender is a judge 1. Offender is a judge 1. Offender is
2. He renders a judgment 2. He renders a judgment in a 2. He performs any of the following a judge
in a case submitted to case submitted to him for acts: 2. There is a
him for decision decision a. Knowingly renders an unjust proceedin
3. That the judgment is 3. Judgment is manifestly unjust interlocutory order or decree; g in his
unjust (law or is not (a judgment which cannot be or court
supported by the explained with reasonable b. Renders a manifestly unjust 3. He delays
 evidence or both) interpretation or is a clear, interlocutory order or decree the
4. That the judge knows incontrovertible and notorious through inexcusable administra
that his judgment is violation of a legal precept) negligence or ignorance. tion of
unjust 4. It is due to his inexcusable justice
negligence or ignorance NOTE: 4. Delay is
Interlocutory Order - It is one issued malicious,
by the court deciding a collateral or that is,
incidental matter; it is not a final with
determination of the issues of the deliberate
action or proceeding. intent to
inflict
damage
on either
party in
the case
SEC. 3 (e), RA 3019: Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through
MANIFEST PARTIALITY, EVIDENT BAD FAITH or GROSS INEXCUSABLE NEGLIGENCE. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
 MALFEASANCE/MISFEASANCE COMMITTED BY PROSECUTORS/LAWYERS
Prosecution of offenses; negligence and tolerance Betrayal of trust by an
attorney or solicitor
1. Offender is a public officer or officer of the law who has a duty to cause the prosecution 1. Causing damage to
of, or to prosecute offenses his client, either by
2. There is dereliction of the duties of his office, that is, knowing the commission of the any malicious breach
crime, he does not cause the prosecution of the criminal, or knowing that a crime is of professional duty
about to be committed, he tolerates its commission by inexcusable
3. Offender acts with malice and deliberate intent to favor the violator of the law negligence or
PREVARICACION DERELICTION OF DUTY ignorance.
Applies to public officers in general who is Dereliction of duty refers only to prosecuting 2. Revealing any of the
remiss or who is maliciously refraining from officers secrets of his client
exercising the duties of his office. 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.
BRIBERY
Bribery is the crime of the public officer who receives a gift, present, offer or promise by reason or in connection with the
performance of his official duties. It is a crime of the receiver. The crime of the giver is corruption of public officers.
Bribery requires the concurrence of the will of the corruptor and the public officer otherwise the crime is not
consummated (Boado, 2008)
Direct Bribery Indirect Bribery Qualified Bribery
1. Offender is a public officer within the scope 1. Offender is a public officer 1. Offender is a public
of Article 203 2. He accepts gifts officer entrusted
2. Offender accepts an offer or promise or 3. Said gifts are offered to him by reason with law
receives a gift or present by himself or of his office enforcement
through another 2. He refrains from
3. Such offer or promise be accepted, or gift or Corruption of Public Officers arresting or
present received by the public officer – 1. Offender makes offers or promise or prosecuting an
a. With a view of committing some crime; gives gifts or presents to a public officer offender who has
b. In consideration of the execution of an 2. The offers or promises are made or the committed a crime
act which does not constitute a crime, gifts or presents are given to a public punishable by
but the act must be unjust officer under circumstances that will reclusion perpetua
c. To refrain from doing something, which make the public officer liable for direct and/or death
is his official duty to do; bribery or indirect bribery 3. He refrains from
4. That act which the offender agrees to arresting or
perform or which he executes be connected prosecuting the
with the performance of his official duties. offender in
consideration of any
promise, gift or
 present

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Frauds against the public 1. Entering into an agreement with any interested party or speculator or making use of
treasury and similar offense any other scheme, to default the Government, in dealing with any person or with
regard to furnishing supplies, the making of contracts, or the adjustment or settlement
of accounts relating to public property funds.
2. Demanding, directly or indirectly, the payment of sums different or larger than
those authorized by law, in the collection of taxes, licenses, fees and other
imposts.
3. 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. 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.
Other frauds 1. Offender is a public officer
2. He takes advantage of his official position
3. He commits any of the frauds or deceits enumerated in Articles 315‐318
Prohibited transactions 1. Offender is an appointive public officer
2. He becomes interested, directly or indirectly, in any transaction of exchange or
speculation
3. Transaction takes place within the territory subject to his jurisdiction
4. He becomes interested in the transaction during his incumbency
Possession of prohibited 1. Public officer who, directly or indirectly, became interested in any contract or
interest by a public officer 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.

MALVERSATION OF PUBLIC FUNDS

COMMON ELEMENTS: Malversation vis-à-vis Estafa
1. Offender is a public officer Malversation Estafa
2. He had the custody or control of funds or Committed by an accountable public officer. Committed by a
property by reason of the duties of his office private person or
3. Those funds or property were public funds or
even a public officer
property for which he was accountable
who acts in a private
4. He appropriated, took, misappropriated or
consented, or through abandonment capacity.
negligence, permitted another person to take Deals with public funds or property. Deals with private
the property.
May be committed without personal Committed by
misappropriation, as when the accountable personal
officer allows another to misappropriate the misappropriation
same. only.
KINDS OF MALVERSATION
Malversation of public 1. Appropriating public funds or property
funds or property 2. Taking or misappropriating the same
3. Consenting, or through abandonment or negligence, permitting any other
person to take such public funds or property
4. Being otherwise guilty of the misappropriation or malversation of such funds
or property.
Failure of accountable 1. Offender is a public officer, whether in the service or separated therefrom
officer to render accounts 2. He must be an accountable officer for public funds or property
3. He is required by law or regulation to render accounts to the Commission on
Audit, or to a provincial Auditor
4. He fails to do so for a period of two months after such accounts should be
rendered
Failure of responsible 1. Offender is a public officer
officer to render accounts 2. He must be an accountable officer for public funds or property
before leaving the country 3. He must have unlawfully left (or be on point of leaving) the Philippines without
securing from the Commission on Audit a certificate showing that his accounts
have been finally settled
Illegal use of public funds 1. Offender is a public officer
or property 2. There is public fund or property under his administration
(Technical Malversation) 3. Such public fund or property has been appropriated by law or ordinance
4. He applies the same to a public use other than that for which such fund or
property has been appropriated by law or ordinance
Failure to make delivery of 1. Public officer has government funds in his possession
public funds or property 2. He is under obligation to make payments from such fund/ He has been ordered
by competent authority to deliver any property in his custody or under his
administration
3. He fails to make payment maliciously or refuses to deliver such funds
 INFIDELITY OF PUBLIC OFFICERS
Conniving with or a. Any public officer who shall consent to the escape of a prisoner in his custody or
consenting to evasion charge, shall be punished:
1. Prision correccional (med and max) + Temporary special disqualification (TSD) max
to perpetual special disqualification: if fugitive shall have been sentenced by final
judgment to any penalty;
2. Prision correccional (min) + TSD : if fugitive shall not have been finally convicted
but only held as a detention prisoner for any crime or violation of law or municipal
ordinance;

 HUMAN SECURITY ACT OF 2007 (R.A. 9372)

Any public officer who has direct custody of a detained person or under the provisions
of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes
or allows the escape of such detained person shall be guilty of an offense and shall
suffer the penalty of:
1. 12 years and 1 day to 20 years of imprisonment‐ if the detained person has already
been convicted and sentenced in a final judgment of a competent court ;
2. 6 years and 1 day to 12 years of imprisonment‐ if the detained person has not been
convicted and sentenced in a final judgment of a competent court. (Sec. 44)

Evasion through negligence 1. Offender is a public officer

2. He is charged with the conveyance or custody of a prisoner, either detention
prisoner or prisoner by final judgment
3. Such prisoner escapes through his negligence (There must have been definite
laxity amounting to deliberate non‐performance of duty).
Escape of prisoner under 1. Offender is a private person
the custody of a person not 2. Conveyance or custody of prisoner or person under arrest is confided to him
a public officer 3. Prisoner or person under arrest escapes
4. Offender consents to the escape of the prisoner or person under arrest or that the
escape takes place through his negligence

INFIDELITY IN THE CUSTODY OF DOCUMENTS

Removal, Officer breaking seal Opening of closed Revelation of Secrets by Public officer
concealment or documents an officer revealing secrets of
destruction of private individual
documents
1. The offender is 1. Offender is a 1. Offender is a 1. Revealing any secrets 1. Offender is a
a public officer public officer public officer known to the public officer
2. He abstracts, 2. He is charged 2. Any closed offending public 2. He knows of the
destroys, or with the custody papers, officer by reason of his secrets of private
conceals of papers or documents or official capacity. individual by
documents or property objects are 2. Delivering wrongfully reason of his
papers 3. These papers or entrusted to his papers or copies of office
3. Said documents property are custody papers of which he 3. He reveals such
or papers sealed by proper 3. He opens or may have charge and secrets without
should have authority permits to be which should not be authority or
been entrusted 4. He breaks the opened said published. justifiable reason
to such public seals or permits closed papers,
officer by them to be documents or NOTE: There must be
 reason of his broken objects damage caused to the
office 4. He does not have public interest.
4. Damage, proper authority
whether serious
or not, to a third
party or to the
public interest
should have
been caused.

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICER

Removal, concealment or 1. Offender is a judicial or executive officer
destruction of documents 2. There is judgment, decision or order of a superior authority
3. Such judgment, decision or order was made within the scope of the jurisdiction of the
superior authority and issued with all the legal formalities
4. Offender without any legal justification openly refuses to execute the said judgment,
decision or order, which he is duty bound to obey
Disobedience to order of 1. Offender is a public officer
superior officer, when 2. An order is issued by his superior for execution
said order was suspended 3. He has for any reason suspended the execution of such order
by inferior officer 4. His superior disapproves the suspension of the execution of the order
5. Offender disobeys his superior despite the disapproval of the suspension
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICER
Refusal of assistance 1. Offender is a public officer
2. Competent authority demands from the offender that he lend his cooperation
towards the administration of justice or other public service
 3. Offender fails to do so maliciously
Refusal to discharge elective 1. Offender is elected by popular election to a public office
office 2. He refuses to be sworn in or to discharge the duties of said office
3. There is no legal motive for such refusal to be sworn in or to discharge the duties
of said office
Maltreatment of prisoners 1. Offender is a public officer or employee
2. He has under his charge a prisoner or detention prisoner
3. He maltreats such prisoner either of the following manners:
4. By overdoing himself in the correction or handling of a prisoner or detention
prisoner under his charge either:
a. By the imposition of punishments not authorized by the regulations
b. By inflicting such punishments (those authorized) in a cruel or humiliating
manner
c. By maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
Anticipation of duties of a public 1. Offender is entitled to hold public office or employment, either by election or
office appointment
2. Law requires that he should first be sworn in and/or should first give a bond
3. He assumes the performance of the duties and powers of such office
4. He has not taken his oath of office and/or give the bond required by law
Prolonging performance of duties 1. Offender is holding a public office
and powers 2. Period provided by law, regulations or special provisions for holding such office,
has already expired
3. He continues to exercise the duties and powers of such office
Abandonment of office or 1. Offender is a public officer
position 2. He formally resigns from his position
 3. His resignation has not yet been accepted
4. He abandons his office to the detriment of the public service
Usurpation of legislative powers 1. Offender is an executive or judicial officer
2. Offender makes general rules or regulations beyond the scope of his authority or
attempts to repeal a law or suspends the execution thereof
Usurpation of executive functions 1. 1. Offender is a judge
2. 2. He: (a) Assumes a power pertaining to the executive authorities; or (b)
Obstructs executive authorities in the lawful exercise of their powers.

Usurpation of judicial functions 1. Offender is an officer of the executive branch of the Government
2. He assumes judicial powers, or obstructs the execution of any order or decision
rendered by any judge within the jurisdiction
Disobeying request for 1. Offender is a public officer
disqualification 2. Proceeding is pending before such public officer
3. There is a question brought before the proper authority regarding his jurisdiction,
which is yet to be decided
4. He has been lawfully required to refrain from continuing the proceeding
5. He continues the proceeding
Orders or request by executive 1. Offender is an executive officer
officers to any judicial authority 2. He addresses any order or suggestion to any judicial authority
3. The order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice.
Unlawful appointments 1. Offender is a public officer
2. He nominates or appoints a person to a public office
3. Such person lacks the he legal qualification thereof
4. Offender knows that his nominee or employee lacks the qualifications at the time
 he made the nomination or appointment
Abuses Against Chastity 1. Offender is a public officer
2. He solicits or makes immoral or indecent advances to a woman, through:
a. Soliciting or making immoral or indecent advances to a woman interested
in 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;
b. Soliciting or making immoral or indecent advances to a woman under the
offender’s custody;
c. Soliciting or making 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
3. Such woman is:
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 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.

ANTI‐GRAFT AND CORRUPT PRACTICES ACT (R.A. 3019,as amended)

Sec. 3(a)
a. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an offense in connection with the official duties of the
latter; or
b. Allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
Sec. 3(b)
Penalizes three different acts: (1) Demanding or Requesting; (2) Receiving; or (3) Demanding, (4) Requesting and
receiving any gift, present ,share, percentage, or benefit for oneself or for any other person, in connecting with any
contract or transaction between the government and any other party, wherein a public officer in an official
capacity has to intervene under the law.
Sec. 3(c )
Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or
for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or
will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act.

Sec. 3(d)
Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.

Sec. 3(e)
Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or permits or other
concessions.
Sec. 3(f)
Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or discriminating against any other interested party.
Sec. 3(g)
Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to
the same, whether or not the public officer profited or will profit thereby.
Sec. 3 (h)
Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection
with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by
any law from having any interest.
Sec. 3(i)
Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.
ANTI‐GRAFT AND CORRUPT PRACTICES ACT (R.A. 3019,as amended)
Sec. 3 (h)
Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection
with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by
any law from having any interest.
Sec. 3(i)
Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

ANTI-PLUNDER (RA 7080, as amended by RA 7659)

Plunder is a crime of PUBLIC OFFICER of amassing wealth for AT LEAST P50 MILLION by a series or a combination of
overt acts each of which may constitute different offenses. It DOES NOT require that each act be proved distinctly from
each other. It is enough that the acts show a pattern of accumulation. The series of acts is in the nature of continued
crime deemed as only one.

Ill-gotten wealth: Any asset, property, business enterprise or material possession of any person within the purview of
Section 2, acquired by him directly or indirectly though dummies, nominees, agents, subordinate and/ or business
associates by any COMBINATION or SERIES of the following means or SIMILAR (meaning NOT LIMITED TO):
a. Misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury.
b. Receiving, Directly or Indirectly any commission, gift, share, percentage, kickbacks or equity in connection with
 any govt contract or project by reason of the office or position of the public officer.
c. Illegal or fraudulent conveyance or disposition of assets belonging to the National Govt or any of its
subsidiaries.
d. Obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest
or participation INCLUDING the promise of future employment in any business enterprise or undertaking.
e. Establishing agricultural, industrial, commercial or other combinations and/ or implementation of decrees &
orders intended to benefit particular persons or special interest.
f. Taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic
of the Philippines. (Sec 1d)
Combination Series
AT LEAST TWO enumerations provided in Sec 1(d). e.g., TWO or more overt act or criminal acts falling
malversation of public funds (1) and taking undue advantage (6). under the same category of enumeration found
in Sec 1(d). e.g.,Misappropriation, conversion,
misuse or malversation of public funds or raids
on the public treasury, ALL of which are under
sub- paragraph 1.

CRIMES AGAINST PERSONS

 DESTRUCTION OF LIFE
Parricide Infanticide Murder Homicide
Common elements: (1) That a person was killed; (2) That the accused killed him
Distinctions
Blood relation in the direct Age of the victim Attendance of Qualifying circumstances Absence of
line (except spouse) any elements
or
relationship,
age of victim,
or qualifying
circumstances
Deceased is the: Child less than 3 days old or a. Treachery, Superior strength Aid of armed Neither
a. Father 72 hours of age men, Weaken the defense, Insure or parricide,
b. Mother afford impunity (TSAWI); murder nor
c. Child b. Price, Promise, Reward (PPR)) infanticide.
c. Inundation, Fire, Poison, Explosion,
Legitimate: Shipwreck, stranding on a vessel,
a. Ascendant derailment or assault upon a Railroad, fall
b. Descendant of an Airship, by Motor vehicles, or with
c. Spouse the use of any Other means involving
great waste and ruin (MIFPESRAMO);
d. Earthquake, eruption of Volcano,
destructive Cyclone, Epidemic, or Other
public calamity (OEVCEO);
e. Evident Premeditation (EP)
f. Cruelty, by deliberately and inhumanly
 Augmenting the suffering of the victim, or
Outraging or Scoffing at his person or
corpse. (CAOS)
Death under exceptional 1. A legally married person or a parent surprises his spouse or daughter, the latter under 18
circumstances years of age and living with him, in the act of committing sexual intercourse.
2. 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.
3. 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 the other spouse.
Death caused in tumultuous 1. There be several persons Who may be liable for the death
affray 2. They did not compose groups organized for the or physical injury in the
common purpose of assaulting and attacking each tumultuous affray?
other reciprocally and assaulted one another in a
confused and tumultuous manner 1. The person who inflicted
3. Someone was killed in the course of the affray serious physical injuries upon
4. It cannot be ascertained who actually killed the the victim
deceased 2. If they could not be known,
5. The person or persons who inflicted serious then anyone who may have
physical injuries or who used violence can be employed violence on that
identified person will answer for his
death
3. If nobody could still be traced
to have employed violence
upon the victim, nobody will
answer. The crimes committed
might be disturbance of public
 order, or if participants are
armed, it could be tumultuous
disturbance, or if property was
destroyed, it could be malicious
mischief
Physical injuries inflicted in a 1. There is a tumultuous affray as referred to in the preceding article
tumultuous affray 2. A participant or some participants thereof suffers physical injuries of a less serious nature
only
3. Person responsible thereof cannot be identified
4. All those who appear to have used violence upon the person of the offended party are
known.
Giving Assistance to Suicide 1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending assistance to another to commit suicide to the extent of doing the killing himself
Discharge of firearms 1. 1. Offender discharges a firearm against another person
2. 2. Offender has no intention to kill the person
Abortion Intentional Abortion Unintentional Abortion
1. There is a pregnant woman 1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages 2. Violence is used upon such
administered, or that the accused otherwise acts pregnant woman without
upon such pregnant woman intending an abortion
3. As a result of the use of violence or drugs or 3. Violence is intentionally
beverages upon her, or any other act of the exerted
accused, the fetus dies, either in the womb or after 4. As a result of the violence
having been expelled therefrom exerted, the fetus dies either in
4. Abortion is intended the womb or after having been
expelled therefrom
Abortion Abortion practiced by a woman herself or by his Abortion practiced by a physician or
parents midwife and dispensing of
abortives
1. There is a pregnant woman who has suffered 1. PHYSICIAN OR MIDWIFE
abortion a. There is a pregnant
2. Abortion is intended woman who has suffered
3. Abortion is caused by: abortion
a. The pregnant woman herself b. Abortion is intended
b. Any other person, with her consent c. The offender must be a
c. Any of her parents, with her consent physician or midwife who
4. Abortion was sought for the purpose of concealing causes or assisted in
dishonor causing the abortion
d. aid physician or midwife
takes advantage of his or
her scientific knowledge or
skill.
2. PHARMACISTS
a. Offender is a pharmacists
b. There is no proper
prescription from a
physician
c. Offender dispenses an
abortive
Duel Responsibility of participants in a duel Challenging to a duel
It is a formal or regular combat previously consented 1. Challenging another to a duel
between two parties in the presence of two or more 2. Inciting another to give or
 seconds of lawful age on each side, who make the accept a challenge to a duel
selection of arms and fix all the other conditions of the 3. Scoffing at or decrying another
fight to settle some antecedent quarrels. publicly for having refused to
accept a challenge to fight a
PUNISHABLE ACTS: duel
1. Killing one’s adversary in a duel
2. Inflicting upon such adversary physical injuries
3. Making a combat although no physical injuries
have been inflicted

PHYSICAL INJURIES
Multilation Mutilation is the lopping or the clipping off of some parts of the body which are not
susceptible to growth again.

KINDS
b. Intentionally mutilating another by depriving him, either totally or partially, of
some essential organ for reproduction.
ELEMENTS:
1. There must be a castration, that is, mutilation of organs necessary for
generation, such as the penis or ovarium
2. The mutilation is caused purposely and deliberately, that is, to deprive the
offended party of some essential organ for reproduction

Intentionally making other mutilation, that is, by lopping or clipping off of any part
of the body of the offended party, other than the essential organ for reproduction,
to deprive him of that part of his body.
 Serious Pysical Injuries c. When the injured person becomes insane, imbecile, impotent, or blind in
consequence of the physical injuries inflicted. (NOTE: Blindness requires loss of
vision of both eyes. Mere weakness in vision is not contemplated.)
When the injured person:
1. Loses the use of speech or the power to hear or to smell, or looses an eye, a
hand, a foot, an arm or a leg; or
2. Loses the use of any such member, or
3. Becomes incapacitated for the work in which he was therefore habitually
engaged in consequence of the physical injuries inflicted.
When the injured :
4. Becomes deformed
5. Loses any other member of his body or
6. Loses the use thereof; or
7. Becomes ill or incapacitated for the performance of the work in which he was
habitually engaged for more than 90 days, in consequence of the physical
injuries inflicted
d. When the injured person becomes ill or incapacitated for labor for more than
30 days (but must not be more than 90 days), as a result of the physical injuries
inflicted.

Administering injurious 1. The offender inflicted serious physical injuries upon another.
substances 2. It was done by knowingly administering to him any injurious substances or
beverages or by taking advantage of his weakness of mind or credulity.
3. He had no intent to kill.
Less serious physical injuries Offended party is incapacitated for labor for 10 days or more (but not more than 30
days), or shall require medical attendance for the same period of time.
Physical injuries must not be those described in the preceding articles.
Slight Physical Injuries and 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or
maltreatment required medical attendance during the same period
2. Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance.
3. Ill‐treatment of another by deed without causing any injury

Serious Physical Injuries Less Serious Physical Injuries Slight physical

Injuries
Illness or incapacity for the performance of Incapacity for labor, medical attendance for 10 Incapacity/Medical
the work in which he was habitually engaged days or more (but not more than 30 days). attendance for
for more than 90 days, in consequence of the labor from 1 to 9
physical injuries inflicted days.

Ill or incapacitated for labor for more than 30

days (but must not be more than 90 days), as
a result of the physical injuries inflicted.
 RAPE (as amended by R.A. 8353)
CARNAL KNOWLEDGE SEXUAL ASSAULT
The traditional concept under Art. 335 – carnal knowledge with a Sexual assault – committed with an instrument
woman against her will. The offended party is always a woman and or an object or use of the penis with penetration
the offender is always a man. 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 male, she or he can be liable
for rape.
Elements
a. Offender is a man e. The act of sexual assault is committed by any
b. Offender had carnal knowledge of the woman of the following means:
c. Such act is accomplished under any of the following 1. By inserting his penis into another
circumstances: person’s mouth or anal orifice, or
d. Through force, threat or intimidation 2. By inserting any instrument or object
e. When the offended party is deprived of reason or is otherwise into the genital or anal orifice of
unconscious. another person
f. By means of fraudulent machination or grave abuse of authority f. The act of sexual assault is accomplished
g. When the offended party is under 12 years of age or is demented, under any of the following circumstances:
even though none of the above circumstances mentioned above 1. By using force or intimidation, or
be present. 2. When the woman is deprived of reason
or otherwise unconscious, or
3. By means of fraudulent machination or
grave abused of authority, or
4. When the woman is under 12 years of
 age or demented.
Statutory Rape g.Accused had carnal knowledge of a woman.
h. Woman is below 12 years of age.
Qualified Rape H When by reason or on occasion of the rape, a homicide is committed
R18 When the victim is under 18 years of age and the offender is a parent,
With the occurrence of the ascendant, step‐parent, guardian, relative by consanguinity or affinity within the
following circumstances, rape third civil degree, or the common law spouse of the victim.
is punishable by death (now
reclusion perpetua) Pol When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution.
V 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.
R 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.
B7 When the victim is a child below 7 years old.
HIV When the offender knows that he is inflicted with HIV/AIDS or any other
sexually transmissible decease and the virus or decease is transferred to the
victim.
AFP 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.
M/D When by reason or on occasion of the rape, the victim has suffered permanent
physical mutilation or disability.
Pre When the offender knew of the pregnancy of the offended party at the time of
the commission of the rape.
 Dis 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.

Anti‐Hazing Law (R.A. 8049)

What is Hazing? What are the punishable acts?
Hazing is an initiation rite or practice as a prerequisite for 1. Hazing or initiation rites in any form or manner by a
admission into membership in a fraternity, sorority or fraternity, sorority or organization without prior
organization by placing the recruit, neophyte or applicant written notice to the school authorities or head of
in some embarrassing or humiliating situations such as organization 7 days before the conduct of such
forcing him to do menial, silly, foolish and other similar initiation.
tasks or activities or otherwise subjecting him to physical 2. Infliction of any physical violence during initiation rites
or psychological suffering or injury.

What are the allowed initiation rites?

1. Those conducted by “organizations” which shall include any club or the AFP, PNP, PMA, or officer and cadet corp
of the Citizen's Military Training and CAT. The physical, mental and psychological testing and training procedure
and practices to determine and enhance the physical, mental and psychological fitness of prospective regular
members of the AFP and the PNP as approved by the Secretary of National Defense and the National Police
Commission duly recommended by the Chief of Staff, AFP and the Director General of the PNP.
2. Those conducted by any fraternity, sorority or organization with prior written notice to the school authorities or
head of organization 7 days before the conduct of such initiation.

Anti‐Violence against Women and their Children Act of 2004 (R.A. 9262)
Violence against women and their children refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty.

Special Protection of Children Against Child Abuse, Juvenile Justice and Welfare Act of 2006 (R.A. 9344)
Exploitation, and Discrimination Act (R.A. 7610, as
amended)
What is ‘CHILD ABUSE’? What are the prohibited acts under RA 9344?
1. The maltreatment, whether habitual or not, of the 1. In the conduct of the proceedings beginning from the
child which includes any of the following: initial contact with the child, the competent
1. Psychological and physical abuse, neglect, authorities must:
cruelty, sexual abuse and emotional a. Refrain from branding or labeling children as
maltreatment; (PPENSC) young criminals, juvenile delinquents, prostitutes
2. Any act by deeds or words which debases, or attaching to them in any manner any other
degrades or demeans the intrinsic worth and derogatory names
dignity of a child as a human being; (DW b. Make no discriminatory remarks particularly with
DebDegDem) respect to the child's class or ethnic origin. (Sec.
3. Unreasonable deprivation of his basic needs for 60)
survival, such as food and shelter; or (UDBN) 2. The following and any other similar acts shall be
4. Failure to immediately give medical treatment to considered prejudicial and detrimental to the
an injured child resulting in serious impairment psychological, emotional, social, spiritual, moral and
of his growth and development or in his physical health and well‐being of the child in conflict
permanent incapacity or death. (F-MT-SI-GD-PID) with the law and therefore, prohibited:
a. Employment of threats of whatever kind and
 nature
b. Employment of abusive, coercive and punitive
measures such as cursing, beating, stripping, and
solitary confinement
c. Employment of degrading, inhuman end cruel
forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances
over the body of the child in conflict with the law,
or forcing him/her to walk around the community
wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity
d. Compelling the child to perform involuntary
servitude in any and all forms under any and all
instances. (Sec. 61)
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
 CRIMES AGAINST LIBERTY
Kidnapping and Serious Illegal Detention Slight Illegal Detention
Its essence is transporting the offended party from one One is restrained of his liberty without necessarily
place to another. transporting him from one place to another.
The purpose of the offender is to extort ransom either from A person is transported not for ransom.
the victim or from any other person.
Elements
i. Offender is a private individual who is not any of 1. Offender is a private individual
the parents of the victim 2. He kidnaps or detains another, or in any other
j. He kidnaps or detains another, or in any other manner deprives him of his liberty
manner deprives the latter of his liberty 3. Act of kidnapping or detention is illegal
k. Act of detention or kidnapping must be illegal 4. Crime is committed without the attendance of any
l. In the commission of the offense, any of the of the circumstances enumerated in Art. 267
following circumstances is present:
1. Kidnapping or detention lasts for more than 3
days
2. It is committed simulating public authority
3. Any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to
kill him are made
4. The person kidnapped or detained is a minor,
female, or a public officer.

What special complex crimes may arise in kidnapping?

m. Kidnapping with homicide
n. Kidnapping with rape
o. Kidnapping with physical injurie
Unlawful Arrest 1. Offender arrests or detains another person
2. Purpose of the offender is to deliver him to the
proper authorities
3. Arrest or detention is not authorized by law or there
is no reasonable ground thereof

HUMAN SECURITY ACT OF 2007 (R.A. 9372)

When is there restriction on the right to travel? When will the restrictions be terminated?
The restrictions shall be terminated:
The court, upon application by the prosecutor, shall limit 1. Upon the acquittal of the accused; or
the right of travel of the accused to within the 2. Upon the dismissal of the case filed against him; or
municipality or city where he resides or where the case is 3. Earlier upon the discretion of the court on motion of
pending, in the interest of national security and public the prosecutor or of the accused.
safety.

1. In cases where evidence of guilt is not strong.

2. The person charged with the crime of
terrorism or conspiracy to commit terrorism is
entitled to bail and is granted the same.

Note: Travel outside of said municipality or city,

without the authorization of the court, shall be
deemed a violation of the terms and conditions of
 his bail, which shall then be forfeited as provided
under the Rules of Court. (Sec. 26)

KIDNAPPING OF MINORS
Kidnapping and failure to return a minor Inducing a minor to abandon his home
p. Offender is entrusted with the custody of a r. A minor (whether over or under 7 years of
minor person (whether over or under 7 years age) is living in the home of his parents or
but less than 21 years of age) guardian or the person entrusted with his
q. He deliberately fails to restore the said minor custody.
to his parents or guardians. s. Offender induces said minor to abandon such
home.

SLAVERY
t. That the offender purchases, sells, kidnaps or detains a human being.
u. That the purpose of the offender is to enslave such human being.
Slavery White Slave Trade
The offender is not engaged in prostitution. The offender is engaged in prostitution.
Slavery IIegal Detention
Purpose for detention is to enslave the offended
EXPOLOIATATION OF CHILD LABOR SERVICES RENDERED UNDER COMPULSION IN PAYMENT
OF DEBT
a. Offender retains a minor in his service v. Offender compels a debtor to work for him,
b. It is against the will of the minor either as household servant or farm laborer
c. It is under the pretext of reimbursing himself w. It is against the debtor’s will
of a debt incurred by an ascendant, guardian x. The purpose is to require or enforce the
or person entrusted with the custody of such payment of a debt.
minor.
Comparison
Victim is a minor Does not distinguish whether victim is a minor or
not
Minor is compelled to render services for the Debtor himself is the one compelled to work for
supposed debt of his parent or guardian the offender
Service of minor is not limited to household and Limited to household and farm work
farm work
Anti‐Trafficking in Persons Act of 2003 (Sec.4,)R.A. 9208)
It shall be unlawful for any person, natural or juridical to commit any of the following acts:
1. To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under
the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
2. To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
3. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage
4. To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of
utilizing and offering persons for prostitution, pornography or sexual exploitation
 5. To maintain or hire a person to engage in prostitution or pornography
6. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage
7. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person
8. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. No. 7610, as amended by
RA 9231)
No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer
to any of the following:
y. All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to
slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including recruitment of children for use in armed conflict; or
z. The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or
for pornographic performances; or
aa. The use, procuring or offering of a child for illegal or illicit activities, including the production and
trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
bb. Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be
harmful to the health, safety or morals of children, such that it:
1. Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
2. Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically
or may prejudice morals; or
3. Is performed underground, underwater or at dangerous heights; or
4. Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-
actuated tools; or
5. Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical
 strength or contortion, or which requires the manual transport of heavy loads; or
6. Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures, noise levels, or vibrations; or
7. Is performed under particularly difficult conditions; or
8. Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other
parasites; or
9. Involves the manufacture or handling of explosives and other pyrotechnic products (Sec, 12-D, RA 7610).

CRIMES AGAINST SECURITY

Abandonment of cc. Failing to render assistance to any person whom the offender finds in an
persons in danger and uninhabited place wounded or in danger of dying when he can render such
abandonment of one’s assistance without detriment to himself, unless such omission shall constitute a
own victim more serious offense.
dd. Failing to help or render assistance to another whom the offender has
accidentally wounded or injured.
ee. Failing to deliver a child under seven (7) years of age whom the offender has
found abandoned, to the authorities or to his family, or failing to take him to a
safe place.
Abandoning a minor ff. Offender has the custody of the Qualifying circumstances:
child a. When death of the minor
gg. Child is under 7 years of age resulted from such
hh. He abandons such child abandonment.
ii. He has no intent to kill the child b. 2. If life of the minor was in
when the latter is abandoned danger because of the
abandonment.
Abandonment of minor Abandonment of Minor by a person Indifference of Parents
by a person entrusted entrusted with his custody
with his custody;
jj. Offender has charge of the rearing of a. Offender is a parent;
indifference of parents
education of a minor b. He neglects his children by not
kk. He delivers said minor to a public giving them education;
institution or other persons c. His station in life requires such
ll. One who entrusted such child to the education and his financial
offender has not consented to such act; condition permits it
or if the one who entrusted such child to
the offender is absent, the proper
authorities have not consented to it
Abandonment of Minor by a person entrusted with his custody vis-à-vis Abandonment of
The custody of the offender is specific, that The custody of the minor is stated in general.
is, the custody for the rearing or education
of the minor.
Minor is under 18 years of age. Minor is under 7 years of age.
Minor is delivered to a public institution or Minor is abandoned in such a way as to
other person. deprive him of the care and protection that
his tender years need.

Exploitation of minors 1. Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical
strength or contortion, the offender being any person
2. Employing children under 16 years of age who are not the children or descendants of
 the offender in exhibitions of acrobat, gymnast, rope walker, diver, or wild animal tamer,
the offender being an acrobat, etc., or circus manager or person engaged in any of said
callings
3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated
in the next preceding paragraph, the offender being engaged in any of the said callings.
4. Delivering a child under 16 years of age gratuitously to any person if any of the callings
enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher or person entrusted in any capacity with the care of such
child.
5. Inducing any child under 16 years of age to abandon the home of its ascendants,
guardians, curators or teachers to follow any person entrusted in any of the callings
mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender
being any person.
EXPLOITATION OF MINORS R.A. 7610
Applies to minors below 16 years of age Applies to minors below 18 years old
The business is of such kind that would place As long as the employment is inimical – even
the life or limb of the minor in danger, even though there is no physical risk – and
though working for him is not against the detrimental to the child’s interest – against
will of the minor. moral, intellectual, physical, and mental
development of the minor.
If the child fell and suffered physical injuries No such similar provision exists under R.A.
while working, the employer shall be liable 7610.
for said physical injuries in addition to his
liability for exploitation of minors.
 TRESSPASS
Trespass to Dwelling Simple Trespass to Dwelling Qualified Trespass
mm. Offender is a private person 1. Offender enters the dwelling of the
Dwelling: nn. He enters the dwelling of other
 any building or another 2. Entry against the latter’s will
structure d. Such entrance is against the 3. By means of violence and
exclusively latter’s will intimidation
devoted for rest NOT Applicable:
and comfort 1. When the purpose of the entrance is to prevent serious harm to himself, the
occupant or third persons.
2. When the purpose of the offender in entering is to render some service to humanity
or justice.
3. Anyone who shall enter cafes, taverns, inns and other public houses while they are
open.
Other forms of 1. Offenders enter the closed premises or the fenced estate of another.
trespass to dwelling 2. Entrance is made while either of them is uninhabited.
3. Prohibition to enter is manifest
4. Trespasser has not secured the permission of the owner or the caretaker thereof.

THREATS and COERCION

THREAT COERCION
Essence of threat is intimidation Essence of coercion is violence or intimidation
Wrong or harm done is future and conditional There is no condition involved; hence, there is no futurity
in the harm or wrong done
 Threats
Grave Threats Light Threats
The wrong threatened to be inflicted amounts to a The wrong threatened to be inflicted does not amount
crime. to a crime.

1. Threatening another with the infliction upon 1. Offender makes a threat to commit a wrong
his person, honor or property or that of his 2. The wrong does not constitute a crime
family of any wrong amounting to a crime and 3. There is a demand for money or that other condition
demanding money or imposing any other is composed, even though lawful
condition even though not unlawful, and the 4. Offender has attained or has not attained his
offender attained his purpose. purpose

2. By making such threat without the offender Other Light Threats

attaining his purpose. (Elements for this act are 1. Threatening another with a weapon, or by drawing
the same with the first except that the purpose such weapon in a quarrel, unless it be in lawful self‐
is not attained.) defense. Here, the weapon must not be discharged
3. By threatening another with the infliction upon 2. Orally threatening another, in the heat of anger,
his person, honor or property or that of his with some harm constituting a crime, without
family of any wrong amounting to a crime, the persisting in the idea involved in his threat
threat not being subject to a condition. 3. Any threat made in a jest or in the heat of anger
constitutes light threat only
4. Orally threatening to do another any harm not
constituting a felony
Threat Robbery
Intimidation is future and conditional. Intimidation is actual and immediate.
Intimidation may be through an intermediary. Intimidation is personal.
May refer to the person, honor or property. Refers to personal property.
Intent to gain is not an essential element. There is intent to gain.
The danger to the victim is not instantly imminent nor the The danger involved is directly imminent to the victim
gain of the culprit immediate. and the obtainment of gain immediate.

Coercion
Grave Coercions Light Coercion
1. A person prevented oo. Offender must be a creditor
another from doing pp. He seizes anything belonging to his debtor
something not prohibited qq. Seizure of the thing cannot be accomplished by means of
by law, or that he violence or a display of material force producing intimidation
compelled him to do rr. Purpose of the offender is to apply the same to the payment of
something against his will, the debt
be it right or wrong.
2. Prevention or compulsion
be effected by violence, Unjust Vexation (Art.287, par. 2)
threats or intimidation. Includes any human conduct which although not production of some of some
3. Person that restrained the physical or material harm would, however, unjustly annoy or vex an innocent.
will and liberty of another In determining whether the crime of unjust vexation is committed, the
has no authority of law or offender’s act must have caused annoyance, irritation, vexation, torment,
the right to distress or disturbance to the mind of the person to whom it is directed.
Other Similar Coercions
1. Forcing or compelling, directly or Elements:
indirectly or knowingly permitting ss. Offender is any person, agent or officer of any association or
the forcing or compelling of the corporation
 laborer or employee of the He or such firm or corporation has employed laborers or
tt.
offender to purchase merchandise employees
or commodities of any kind from uu. He forces or compels directly or indirectly, or knowingly permits
him. to be forced or compelled, any of his or its laborers or employees
to purchase merchandise or commodities of any kind from him or
said firm or corporation
2. Paying the wages due his laborer vv. Offender pays the wages due a laborer or employee employed by
or employee by means of tokens him by means of tokens or object
or objects other than the legal Those tokens or objects are other than the legal currency of the
tender currency of the Philippines, Philippines
unless expressly requested by e. Such employee or laborer does not expressly request that he be
such laborer or employee. paid by means of tokens or objects

Formation, maintenance and prohibition of combination or capital or labor through violence or threats
Offender employs violence or threats, in a degree as to compel or force the laborers or employees in the free
legal exercise of their industry or work.
Purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of
employers.

DISCOVERY AND REVELATION OF SECRETS

Discovering secrets through 1. Offender is a private individual or even a public officer not in the exercise of his
seizure or correspondence official function
2. He seizes the papers or letters of another
3. Purpose is to discover the secrets of such another person
4. Offender is informed of the contents of the papers or letters seized
Revealing of secrets with 1. Offender is a manager, employee or servant
abuse of office 2. He learns the secrets of his principal or master in such capacity
3. He reveals such secrets
Revelation of industrial 1. Offender is a person in charge, employee or workman of a manufacturing or
secrets industrial establishment
2. Manufacturing or industrial establishment has a secret of the industry which the
offender has learn
3. Offender reveals such secrets
4. Prejudice is caused to the owner

Anti‐Wire Tapping Act (R.A. 4200)

1. Not being authorized by all the parties to any private EXCEPTIONS:
communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, If the wiretapping is done by a public officer who is
to secretly overhear, intercept, or record such authorized by written order of the court in cases involving
communication or spoken word by using a device the crimes of treason, espionage, provoking war and
commonly known as a dictaphone or dictagraph or disloyalty in case of war, piracy, mutiny in the high seas,
detectaphone or walkie‐talkie or tape recorder, or rebellion, conspiracy and proposal to commit rebellion,
however otherwise described inciting to rebellion, sedition, conspiracy to commit
2. Be he a participant or not in the act or acts penalized sedition, inciting to sedition, kidnapping as defined by the
in the next preceding sentence, to knowingly possess RPC, and violations of C.A. No. 616, punishing espionage
any tape record, wire record, disc record, or any and other offenses against national security.
other such record, or copies thereof, of any
communication or spoken word secured either
before or after the effective date of this Act in the
manner prohibited by this law; or to replay the same
 for any other person or persons; or to communicate
the contents thereof, either verbally or in writing, or
to furnish transcriptions thereof, whether complete
or partial, to any other person.
HUMAN SECURITY ACT OF 2007 (R.A. 9372)
GR: Notwithstanding R.A. 4200 (Anti‐Wiretapping Law), a police or law EXCEPTIONS: Police/law enforcement
enforcement official and the members of his team may, upon a written order officer cannot conduct surveillance,
of the CA, listen to, intercept and record with the use of any mode, form , interception and recording of
kind or type of electronic or other surveillance equipment or intercepting communications between:
and tracking devices, or with the use of any suitable ways and means for 1. Lawyers and clients
that purpose, any communication, message, conversation, discussion, or 2. Doctors and patients
spoken or written words between members of a judicially declared and 3. Journalists and their sources
outlawed terrorist organization, association, or group of persons or of any 4. Confidential business
person charged with or suspected of the crime of terrorism or conspiracy to correspondence
commit terrorism.
 CRIMES AGAINST PROPERTY
ROBBERY
It is the taking of personal property belonging to another, with intent to gain, by means of violence against or
intimidation of any person or using force upon anything.

ELEMENTS:,
ww. There is personal property belonging to another
xx. There is unlawful taking of that property
yy. Taking must be with intent to gain
zz. There is violence against or intimidation of any person or force upon anything

ROBBERY BRIBERY
The victim is deprived of his money, property by force or He parts with his money, in a sense, voluntarily
intimidation
ROBBERY WITH VIOLENCE GRAVE THREATS GRAVE COERCION
There is intent to gain No intent to gain No intent to gain
Intimidation; Immediate harm Promises some future harm or Intimidation is immediate and
injury offended party is compelled to do
something against his will.
Robbery with violence against, or intimidation of persons (Art. 294, 297 and 298)
When by reason or on occasion of  If death results or even accompanies a robbery, the crime will be robbery
the robbery the crime of homicide is with homicide provided that the robbery and the homicide are
committed consummated.
 The crime of robbery with homicide is a special complex crime or a single
 indivisible crime. All the killings are merged in the composite integrated
whole that is, robbery with homicide. The killings must have been
perpetrated by reason or on the occasion of robbery.
 As long as the homicide resulted, during, or because of the robbery, even if
the killing is by mere accident, robbery with homicide is committed.
 If aside from homicide, rape or physical injuries are also committed by
reason or on the occasion of the robbery, the rape or physical injuries are
considered aggravating circumstances in the crime of robbery with
homicide.
 Whenever a homicide has been made a consequence of or on the occasion
of a robbery, all those who took part as principals in the commission of the
crime will also be guilty as principals in the special complex crime of
robbery with homicide although they did not actually take part in the
homicide unless it clearly appeared that they endeavored to prevent the
homicide
When the robbery is accompanied  The crime of robbery with rape is a crime against property which is a single
by: indivisible offense. The rape accompanies the robbery. In this case where
1. Rape rape and not homicide is committed, there is only a crime of robbery with
2. Intentional mutilation rape if both the robbery and the rape are consummated.
3. Arson  If during the robbery, attempted rape were committed, two separate
crimes of robbery and attempted rape would be committed.
When by reason or on When by reason or on If the violence or When in the course of its
occasion of such robbery, occasion of robbery, any intimidation employed execution, the offender shall
any of the physical injuries of the physical injuries in the commission of the have inflicted upon any person
resulting in: resulting in the: robbery is carried to a not responsible for the
4. Insanity 8. Loss of the use degree clearly commission of the robbery any
 5. Imbecility of speech unnecessary for the of the physical injuries in
6. Impotency 9. Loss of the commission of the consequence of which the
7. Blindness is power to hear or crime. person injured:
inflicted to smell 12. Becomes deformed
10. Loss of an eye, a 13. Loses any other
hand, a foot, an member of his body
arm or a leg 14. Loses the use thereof
11. Loss of the use 15. Becomes ill or
of any of such incapacitated for the
member performance of the
Incapacity for the work in work in which he is
which the injured person habitually engaged for
is theretofore habitually more than 90 days
engaged is inflicted 16. Becomes ill or
incapacitated for labor
for more than 30 days
If the violence employed by the offender does not cause any of the serious physical injuries defined in Art.263, or if the
offender employs intimidation only. (Simple Robbery. Any kind of robbery with less serious physical injuries or slight
physical injuries fall under this specie of robbery.)
Robbery with Arson (RA 7659): The composite crime would only be committed if the primordial intent of the offender
is to commit robbery and there is no killing, rape, or intentional mutilation committed by the offender during the
robbery. Otherwise, the crime would be robbery with homicide, or robbery with rape, or robbery with intentional
mutilation, in that order and the arson would only be an aggravating circumstance.
Robbery by a Band aaa. When at least 4 armed malefactors take part in the commission of a robbery, it is
deemed committed by a band.
bbb. If any arm used be unlicensed firearm, the penalty imposed upon all the malefactors
 shall be the maximum of the corresponding penalty provided by law, without
prejudice to the criminal liability for illegal possession of such firearms. This is a
special aggravating circumstance applicable only in a case of robbery in band.
Execution of Deeds ccc. Offender has intent to defraud another
by Means of ddd. Offender compels him to sign, execute, or deliver any public instrument or
Violence document
eee. Compulsion is by means of violence or intimidation
EXECUTION OF DEEDS GRAVE COERCION
There is an intent to gain No intent to gain
Fear is produced by threatening to Fear is produced in the mind of the
cause an evil or damage which is offended party in order to obtain
immediate something from him by threatening to
cause him an evil or damage which is not
immediate but remote

Robbery by the use of force upon things (Art. 299 and 302)
Robbery in an inhabited house or public building or edifice devoted to worship
1st Kind 2nd Kind
fff. Offender entered an inhabited house, or a. Offender is inside a dwelling house,
public building, or edifice devoted to religious public building or edifice devoted to
worship. religious worship, regardless of
ggg. Entrance was effected by any of the following circumstances under which he entered it
means: b. Offender takes personal property
1. Through an opening not intended for belonging to another, with intent to gain,
entrance or egress; under any of the following
 2. By breaking any wall, roof, or floor or circumstances:
breaking any door or window; 1. By the breaking of doors, wardrobes,
3. By using false keys, picklocks or chests, or any other kind of locked or
similar tools, or sealed furniture or receptacle, or
4. By using any fictitious name or door.
pretending the exercise of public 2. By taking such furniture or objects
authority. away to be broken or forced open
hhh. Once inside the building, the offender took outside the place of the robbery.
personal property belonging to another with
intent to gain.

Robbery in an uninhabited place or in private building

iii. Offender entered an uninhabited place or a building which was not a dwelling house, not a public building,
or not an edifice devoted to religious worship.
jjj. Any of the following circumstances was present:
1. Entrance was effected through an opening not intended for entrance or egress
2. Wall, roof, floor, or outside door or window was broken,
3. Entrance was effected through the use of false keys, picklocks or other similar tools
4. Door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
5. Closed or sealed receptacle was removed, even if the same be broken open elsewhere
kkk. With intent to gain, the offender took therefrom personal property belonging to another.

Possession of picklocks and similar tools False Keys

lll. Offender has in his possession picklocks or ooo. Picklocks or similar tools
similar tools. ppp. Genuine keys stolen from the owner
mmm. Such picklocks or similar tools are qqq. Any key other than those intended by the
specially adopted to the commission of owner for use in the lock forcibly opened by
robbery. the offender.
nnn. Offender does not have lawful cause for such
possession.

Brigandage
Brigandage is committed by more than 3 armed persons who form a band of robbers for the purpose of committing
robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any other
purpose to be attained by means of force and violence.
Robbery by a band Brigandage
Purpose is to commit robbery not necessarily in Purpose is to commit robbery in highway; or to kidnap a
highways. person for ransom or any other purpose attained by force
and violence
Actual commission of robbery is necessary. Mere formation is punished.
Victim is predetermined or particular Indiscriminate. Against any person or persons in Philippine
highways
At least four persons On or two person may be held liable
PD 532 MODIFIED ARTICLES 306 AND 307
rrr. Highway robbery or brigandage is the seizure for ransom, extortion or other unlawful purposes or the
taking away of property of another by means of violence against or other unlawful means, committed by
any person on any Philippine Highway.
sss. Any person who aids or protects highway robbers or abets the commission of highway robbery or
brigandage shall be considered as an accomplice
Aiding and abetting a band of brigands
ttt. There is a band of brigands.
uuu. Offender knows the band to be of brigands.
vvv. Offender does any of the following acts:
1. He in any manner aids, abets or protects such band of brigands
2. He gives them information of the movements of the police or other peace officers of the government
3. He acquires or receives the property taken by such brigands

THEFT
Simple theft Qualified theft
www. There is taking of personal property bbbb. If theft is committed by a domestic
xxx. Property taken belongs to another servant
yyy. Taking was done with intent to gain cccc. If the theft is committed with grave abuse of
zzz. Taking was done without the consent of the confidence
owner dddd. If the property stolen is a motor vehicle
aaaa. Taking is accomplished without the use of (repealed by Anti-Carnapping Law), mail
violence against or intimidation of persons of matter or large cattle
force upon things. eeee.If the property stolen consist of coconuts
taken from the premises of a plantation
ffff. If the property stolen is fish taken from a
fishpond or fishery
gggg. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil
disturbance.
THEFT ESTAFA
The crime is qualified theft if only the physical or material Where both the material and juridical possession are
possession of the thing is transferred. transferred, misappropriation of the property would
constitute estafa.

ANTI‐CARNAPPING ACT OF 1972 (R.A. 6539)

Carnapping is the taking, with intent to gain, of a motor hhhh. When the subject matter is a motor vehicle
vehicle belonging to another without the latter’s and the motor vehicle is unlawfully taken
consent, or by means of violence against or intimidation through violence, threat or intimidation;
of person, or by using force upon things. In any other unlawful means.

ANTI‐FENCING LAW (P.D. NO. 1612)

Fencing is the act of any person who, with intent to gain iiii. A crime of robbery or theft has been
for himself or for another, shall buy, receive, possess, committed.
keep, acquire, conceal, sell or dispose of, or shall buy jjjj. Accused who is not a principal or accomplice in
and sell, or in any other manner deal in any article, item, the crime, buys, receives, possesses, keeps,
object or anything of value which he knows, or should acquires, conceals, or disposes, or buys and
be known to him, to have been derived from the sells, or in any manner deals in any article,
proceeds of the crime of robbery or theft. (Sec. 2 [a]) item, object or anything of value, which has
been derived from the proceeds of the crime
Fence: A fence includes any person, firm, association, of robbery or theft.
corporation or partnership or other organization kkkk. The accused knows or should have known that
who/which commits the act of fencing. (Sec. 2 [b]) said article, item, object or anything of value
has been derived from the proceeds of the
crime of robbery or theft.
 llll. There is, on the part of the accused, intent to
gain for himself or for another.

Occupation of real property or usurpation of real right in property

Punishable acts mmmm. Offender takes possession of any real
1. Taking possession of any real property belonging to property or usurps any real rights in property.
another. nnnn. Real property or real rights belong to
2. Usurping any real rights in property belonging to another.
another. oooo. Violence against or intimidation of persons
is used by the offender in occupying real
property or usurping real rights in property.
pppp. There is intent to gain.

Altering boundaries or landmarks

1. There are boundary marks or monuments of towns, provinces, or estates, or any other marks intended to
designate the boundaries of the same.
2. Offender alters said boundary marks.

Fraudulent insolvency
1. Offender is a debtor, that is, he has obligations due and payable.
2. He absconds with his property.
3. There be prejudice to his creditors.

Swindling and Other Deceits

Estafa General Elements
qqqq. Accused defrauded another by abuse of confidence or by means of deceit – This covers the
 three different ways of committing estafa under Article 315; thus, estafa is committed:
1. With unfaithfulness or abuse of confidence
2. By means of false pretenses or fraudulent acts; or
3. Through fraudulent means
rrrr. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third
person.
Elements of estafa Elements
with unfaithfulness of
abuse of confidence
1. Under paragraph ssss. Offender has an onerous obligation to deliver something of value
(a): tttt. He alters its substance, quantity, or quality
uuuu. Damage or prejudice is caused to another
2. Under paragraph vvvv. Money, goods, or other personal property is received by the offender in trust, or
(b): on commission, or for administration, or under any other obligation involving the
duty to make delivery of, or to return, the same
wwww. There is misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt
xxxx. Such misappropriation or conversion or denial is to the prejudice of another; and
yyyy. There is a demand made by the offended party to the offender
3. Under paragraph zzzz. Money, goods, or other personal property is received by the offender in trust, or
(c): on commission, or for administration, or under any other obligation involving the
duty to make delivery of, or to return, the same
aaaaa. There is misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt
bbbbb. Such misappropriation or conversion or denial is to the prejudice of another;
and
 ccccc. There is a demand made by the offended party to the offender

Estafa by means of Elements

false pretenses or
fraudulent acts
1. Under paragraph ddddd. Using fictitious name
(a) – eeeee. Falsely pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions; or
fffff. By means of other similar deceits
2. Under paragraph ggggg. Money, goods, or other personal property is received by the offender in trust,
(b) or on commission, or for administration, or under any other obligation involving
the duty to make delivery of, or to return, the same
hhhhh. There is misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt
iiiii. Such misappropriation or conversion or denial is to the prejudice of another; and
jjjjj. There is a demand made by the offended party to the offender
3. Under paragraph a. Money, goods, or other personal property is received by the offender in trust,
(c) or on commission, or for administration, or under any other obligation
involving the duty to make delivery of, or to return, the same
b. There is misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt
c. Such misappropriation or conversion or denial is to the prejudice of another;
and
d. There is a demand made by the offended party to the offender
4. Under paragraph kkkkk. Money, goods, or other personal property is received by the offender in trust,
(d) – or on commission, or for administration, or under any other obligation involving
the duty to make delivery of, or to return, the same
lllll. There is misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt
mmmmm. Such misappropriation or conversion or denial is to the prejudice of another;
and
nnnnn. There is a demand made by the offended party to the offender
Estafa through Elements
fraudulent means
1. Under paragraph ooooo. Offender induced the offended party to sign a document.
(a) ppppp. Deceit was employed to make him sign the document.
qqqqq. Offended party personally signed the document.
rrrrr. Prejudice was caused.
2. Under paragraph Resorting to some fraudulent practice to insure success in a gambling game
(b)
3. Under paragraph sssss. Offender removed, concealed or destroyed.
(c) ttttt. Any court record, office files, documents or any other papers.
e. With intent to defraud another.

ROBBERY THEFT ESTAFA

Only personal prop is involved. Only personal prop is involved. Subject matter may
be real property
Taking is by means of force upon things or Not so Not so
violence against or intimidation of persons.
Penalty does not necessarily depend on the Penalty depends on the amount involved Penalty depends on
amount involved. the amount involved
Offender takes the property without the Offender takes the property without the Offender receives the
consent of the owner by using threats, consent of the owner and without using property
intimidation or violence threats, intimidation or violence

ESTAFA WITH ABUSE OF CONFIDENCE MALVERSATION

Funds or property are always private. Involves public funds or property.
Offender is a private individual or even a public officer who is not Offender who is usually a public officer is
accountable for public funds or property. accountable for public funds or property.
Crime is committed by misappropriating, converting or denying Crime is committed by appropriating, taking or
having received money, goods or other personal property. misappropriating or consenting, or, through
abandonment or negligence, permitting any
other person to take the public funds or
property.
Offenders are entrusted with funds or property
Continuing offenses

ESTAFA INFIDELITY IN THE CUSTODY OF DOCUMENTS

Private individual was entrusted Public officer entrusted
Intent to defraud No intent to defraud
BOUNCING CHECKS LAW (B.P. BLG. 22)
uuuuu. Any person who makes or draws and issues any check to apply on account or for value, knowing at the
time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such
check in full upon its presentment, which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment.
Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to
keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of
90 days from the date appearing thereon, for which reason it is dishonored by the drawee bank.(Sec.1)
BP 22 ESTAFA
Nature of the crime Mala prohibita Mala in se
Nature of Checks Covered Issuance of check is on account or for value Issuance of check is concurrent and
reciprocal in payment of the exchange
consideration; no pre-existing obligation
Materiality of Deceit and Damage or deceit is immaterial Damage (offended) and deceit
Damage (offender) are essential
Classification of the Crime Crime against public interest Crime against property

Persons liable Only the drawer is liable Drawer and indorsee may incur liability if
(Officer who signed the check in case of juridical he was aware at the time of the
entities) indorsement of the insufficiency
Grace period to make the Drawer is given 5 days after receipt of notice of Drawee is given 3 days after receipt of
check good dishonor to pay or make arrangements for notice of dishonor to make good the
payment cash value to avoid liability
Existence or Sufficiency of That there are no funds or no sufficient funds at That there are no funds or there are
 funds at time of issuance/ the time of the issuance or at the time of the insufficient funds at the time of issuance
presentment presentment if made within 90 days
Knowledge of The maker or drawer or issuer knows at the Not necessary that the drawer should
Insufficiency of funds time of issue that he does not have sufficient know at the time he issued the check
fund or credit with the drawee bank for the that the funds deposited in the bank
payment of the check in full were not sufficient to cover the amount
of the check
Presumption of Mere issuance of check that is dishonored is No presumption of knowledge arises
Knowledge presumption of knowledge of insufficiency of
funds
OTHER FORMS OF SWINDLING
1. Conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same
2. Disposing real property knowing it to be encumbered even if the encumbrance be not recorded
3. Wrongful taking of personal property from its lawful possessor to the prejudice of the latter or a third person;
4. Executing any fictitious contract to the prejudice of another.
5. Accepting any compensation given to him under the belief it was in payment of services or labor when he did
not actually perform such services or labor. Selling, mortgaging or in any manner encumbering real property
while being a surety in bond without express authority from the court or before being relieved from the
obligation.

Swindling a Minor Other Deceits

1. Offender takes advantage of the inexperience or emotions 1. Defrauding or damaging another by any other deceit
or feelings of a minor. not mentioned in the preceding articles.
2. He induces such minor to assume an obligation, or to give 2. Interpreting dreams, making forecasts, telling
release, or to execute a transfer of any property right. fortunes, or taking advantage of the credulity of the
3. Consideration is some loan of money, credit or other public in any other similar manner, for profit or gain.
personal property.
4. Transaction is to the detriment of such minor.

Removal, sale or pledge of mortgaged property

1. Knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other
than the one in which it was located at the time of execution of the mortgage, without the written consent of the
mortgagee or his executors, administrators or assigns.
2. Selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage
Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in
the office of the register of deeds of the province where such property is located.

Arson and other crimes involving destruction

Arson is the malicious destruction of property by fire.
Simple Arson Destructive Arson
Simple arson contemplates crimes with The acts committed under Art. 320 of The Revised Penal Code constituting
less significant social, economic, political, Destructive Arson are characterized as heinous crimes "for being grievous,
and national security implications than odious and hateful offenses and which, by reason of their inherent or manifest
destructive arson (People v. Macabando, wickedness, viciousness, atrocity and perversity are repugnant and outrageous
G.R. No 188708, 31 July 2013) to the common standards and norms of decency and morality in a just, civilized
and ordered society." (People v. Macabando, G.R. No 188708, 31 July 2013)
Elements
Simple Arson Destructive Arson
1. There is intentional burning; vvvvv. Any person who shall burn:
What is intentionally burned is: 1. One or more buildings or edifices, consequent to one single act of
1. Any building used as offices of burning, or as a result of simultaneous burnings, or committed on
the government or any of its several or different occasions
agencies; 2. Any building of public or private ownership, devoted to the public in
2. Any inhabited house or dwelling; general or where people usually gather or congregate for a definite
3. Any industrial establishment, purpose regardless of whether the offender had knowledge that there
shipyard, oil well or mine shaft, are persons in said building or edifice at the time it is set on fire and
platform or tunnel; regardless also of whether the building is actually inhabited or not
4. Any plantation, farm, 3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
pastureland, growing crop, grain transportation or conveyance, or for public use, entertainment or
field, orchard, bamboo grove or leisure
forest; 4. Any building, factory, warehouse installation and any appurtenances
5. Any rice mill, sugar mill, cane thereto, which are devoted to the service of public utilities
mill or mill central; and 5. Any building the burning of which is for the purpose of concealing or
6. Any railway or bus station, destroying evidence of another violation of law, or for purpose of
airport, wharf or warehouse. concealing bankruptcy or defrauding creditors or to collect from
insurance.

wwwww. Two or more persons or by a group of persons, regardless of whether

their purpose is merely to burn or destroy the building or the burning
merely constitutes an overt act in the commission of another violation of
law.
xxxxx. Any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordinance, storehouse, archives or general museum of the
 Government.
In an inhabited place, any storehouse or factory of inflammable or
2.
explosive materials.
NOTE: If Arson is committed with the intention of sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended (Sec. 3, Human Security Act 2007).
Malicious mischief
Malicious mischief is the willful damaging of another’s property by any act not constituting arson or crimes of destruction
due to hate, revenge or mere pleasure of destroying.
ELEMENTS
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

Other mischiefs
The mischiefs not included in the next preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos;
and
3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount
involved does not exceed 200 pesos or cannot be estimated.chanr
 CRIMES AGAINST CHASTITY
What are private crimes?
The crimes of adultery, concubinage, seduction, abduction and acts of lasciviousness are the so‐called private crimes. They
cannot be prosecuted except upon the complaint initiated by the offended party.

But the moment the offended party has initiated the criminal complaint, the public prosecutor will take over and continue
with prosecution of the offender. This is so because when the prosecution starts, the crime already becomes public and it is
beyond the offended party to pardon the offender.

ADULTERY & CONCUBINAGE

ADULTERY CONCUBINAGE
ELEMENTS 1. Woman is married 1. Man must be
2. She has sexual intercourse with a man not her married.
husband 2. He committed any
3. As regards the man with whom she has sexual of the following
intercourse, he must know her to be married acts:
a. Keeping a
mistress in the
conjugal
dwelling; or
b. Having sexual
intercourse,
under
scandalous
 circumstances,
with a woman
who is not his
wife; or
c. Cohabiting with
her in any
other place.
3. As regards the
woman, she must
know him to be
married.

RAPE ACTS OF AL –WITH SEDUCTION ABDUCTION

LASCIVIOUS- CONSENT
NESS (AL)
Sex Yes No No Yes No
Consent No No Yes Yes Forcible/
Cosented
Gender M/F M/F F F F
of
victim
Virginity No No No Yes Yes
Acts of Lasciviousness
yyyyy. Offender commits any act of lasciviousness or lewdness.
zzzzz.Act of lasciviousness is committed against a person of either sex.
aaaaaa. It is done under any of the following circumstances:
1. By using force or intimidation;
2. .When the offended party is deprived of reason or otherwise unconscious;
3. By means of fraudulent machination or grave abuse of authority;
4. When the offended party is under 12 years of age or is demented.

Acts of lasciviousness with the consent of the offended party

bbbbbb. Offender commits acts of lasciviousness or Acts of Lasciviousness AL with
lewdness. consent of
Acts are committed upon a woman who is virgin offended
or single or widow of good reputation, under 18
party
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age. The acts are committed under The acts of
Offender accomplishes the acts by abuse of circumstances which had lasciviousness
authority, confidence, relationship, or deceit. there been carnal knowledge, are
Male cannot be the offended party in this crime. would amount to rape. committed
under the
circumstances
which had
there been
carnal
 knowledge,
would
amount to
either
qualified
seduction or
simple
seduction.
The offended party The offended
is a female or male party should
only be
female

Seduction
Seduction is committed by enticing a woman to unlawful sexual intercourse by promise of marriage or other
means of persuasion without use of force.
Simple Seduction Qualified Seduction
cccccc. Offended party is over 12 and under 18 years of age. gggggg. Seduction of a virgin over 12
dddddd. She must be of good reputation, single or widow. years and under 18 years of age by
eeeeee. Offender has sexual intercourse with her. certain persons, such as, a person in
ffffff. It is committed by means of deceit. authority, priest, teacher, person
who, in any capacity, is entrusted
with the education or custody of the
woman seduced
 hhhhhh. Seduction of a virgin over 12
years and under 18 years of age by
certain persons, such as, a person in
authority, priest, teacher, etc.; and

Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)

Photo or video voyeurism means the act of taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing an image of the private area of a person or persons
without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar
means or device without the written consent of the person/s involved, notwithstanding that consent to record or
take photo or video coverage of same was given by such person's.

PROHIBITED ACTS:
iiiiii. To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
jjjjjj. To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any
similar activity with or without consideration;
kkkkkk. To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or
llllll. To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo
or video voyeurism as defined herein.

Anti-Sexual Harassment Act of 1995 (R.A. 7877)

WORK-RELATED EDUCATION OR TRAINING- Others Acts Punishable
RELATED
 Employer  teacher, or any other Demanding, requesting or
 employee  instructor, person having otherwise requiring any
 manager  professor, AUTHORITY, sexual favor from the other,
 supervisor  coach, INFLUENCE OR regardless of whether the
 agent of the employer  trainor, MORAL demand, request or
ASCENDANCY over requirement for submission
another is accepted by the object of
said Act. (Sec.3)

In work-related or employment environment: In an education or training environment:

Elements: Elements:

mmmmmm. The sexual favor is made as a – a) Against one who is under the care, custody or
1. EMPLOYMENT. Condition in the hiring or in the supervision of the offender;
employment, re-employment , or continued employment b) Against one whose education, training,
of said individual apprenticeship or tutorship is entrusted to the
2. GRANTING FAVORS/BENEFITS. granting said individual offender;
 favorable compensation, terms, conditions, promotions, or c) When the sexual favor is made a condition to
privileges; the giving of a passing grade, or the granting of
3. LIMITING, SEGREGATING OR CLASSIFYING. Refusal to grant honors and scholarships or the payment of a
the sexual favor results in limiting, segregating or stipend, allowance or other benefits,
classifying the employee which in any way would privileges, or considerations; or
discriminate, deprive or diminish employment d) When the sexual advances result in an
opportunities or otherwise adversely affect said employee; intimidating, hostile or offensive environment
nnnnnn. The above acts would impair the employee's rights for the student, trainee or apprentice. [Sec. 3]
or privileges under existing labor laws; or
oooooo. The above acts would result in an intimidating, NOTES:
hostile, or offensive environment for the employee. a) Any person who directs or induces another to
[Sec. 3] commit any act of sexual harassment as herein
defined, or who cooperates in the commission
thereof by another without which it would not
have been committed, shall also be held liable
under this Act. (Sec. 3)
b) A mere casual buss on the cheek is not a
sexual conduct or favor and does not fall
within the purview of sexual harassment under
R.A. No. 7877 (Aquino v. Acosta, A.M. NO. CTA-
01-1. APRIL 2, 2002)
 CORRUPTION OF MINORS WHITE SLAVE TRADE
It is essential that victims are minors Minority not need not be established
Victims are of either sex Victims are females
Any person who shall promote or facilitate the prostitution or a. Engaging in the business of
corruption of persons under age to satisfy the lust of another prostitution
b. Profiting by prostitution
c. Enlisting the service of women
for the purpose of prostitution

Abduction
Abduction is 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 to corrupt her.
Forcible Abduction Consented Abduction
pppppp. Person abducted is any woman, regardless of her age, ssssss. Offended party must be a virgin.
civil status, or reputation tttttt. She must be over 12 and under 18
qqqqqq. Abduction is against her will years of age.
rrrrrr. Abduction is with lewd designs 2. Taking away of the offended party must be
with her consent, after solicitation or
cajolery from the offender.
3. Taking away of the offended party must be
with lewd designs.

ADULTERY AND CONCUBINAGE SEDUCTION, ABDUCTION, RAPE OR ACTS OF

LASCIVIOUSNESS
 Must be prosecuted upon complaint signed by the offended spouse Must be prosecuted upon complaint signed by:
1. Offended party
2. Her parents
3. Grandparents, or
4. Guardians in the order named above

Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (R.A. 7610, as amended)
(1) Child Prostitution and other acts of abuse
What are the punishable acts?
uuuuuu. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited
to, the following:
1. Acting as a procurer of a child prostitute
2. Inducing a person to be a client of a child prostitute by means of written or oral advertisements
or other similar means
3. Taking advantage of influence or relationship to procure a child as prostitute
4. Threatening or using violence towards a child to engage him as a prostitute
5. Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage
such child in prostitution

vvvvvv. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse (Note: Provided, That when the victims is under 12 years of age,
the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815,
as amended, the RPC, for rape or lascivious conduct, as the case may be.)
wwwwww. Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment
or establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.

When is there an attempt to commit Child Prostitution? There is an attempt to commit child prostitution when:
xxxxxx. Any person who, not being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel,
vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other sexual abuse.
yyyyyy. Any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and
other similar establishments.

Obscene publications and indecent shows

zzzzzz. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials.
aaaaaaa. If the child used as a performer, subject or seller/distributor is below 12 years of age, the penalty shall be
imposed in its maximum period. (Sec. 9)
 CRIMES AGAINST CIVIL STATUS OF PERSONS
Simulation of births, substitution of one child for another an concealment or abandonment of legitimate child
Simulation of births Elements: (a) The child is baptized or registered in the registry of birth as the
offender’s; (b)The child loses its re status and acquires a new one; (c) The
offender’s spouse was to cause the loss of any trace as to the child’s true
filiation
Substitution of one child for another
Concealing or abandoning any Elements: (a) The child must be legitimate; (b) The offender conceals or
legitimate child with intent to abandons such child; (c) The offender has the intent to cause the child to lose
cause such child to lose its civil its civil status
status.
Usurpation of civil status
1. Civil status includes one’s public station or the rights, duties, capacities and incapacities which determine a
person to a given class.
2. Person represents himself to be another and assumes the filiation or the parental or conjugal rights of such
another person
3. Qualified: If the purpose is to defraud offended parties and heirs.
NOTE: RA 10175: COMPUTER-RELATED IDENTITY THEFT
The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information
belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower [Sec. 4 (b), 3].
Bigamy
Any person who shall contract a second or subsequent marriage before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment
rendered in the proper proceedings.
NOTE: He who contracts a second marriage before the judicial declaration of nullity of the first marriage
assumes the risk of being prosecuted for bigamy, and in such a case the criminal case may not be suspended
on the ground of the pendency of a civil case for declaration of nullity. (Bobis v. Bobis, G.R. No. 138509. July 31,
2000).
Marriage contracted against provisions of laws
Any person who, without being included in the provisions of the next proceeding article, shall have not been
complied with or that the marriage is in disregard of a legal impediment.
Premature marriage
Any widow who shall marry within three hundred and one day from the date of the death of her husband, or
before having delivered if she shall have been pregnant at the time of his death.
Performance of illegal marriage ceremony
Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize
any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law

CRIMES AGAINST HONOR

LIBEL SLANDER SLANDER BY DEED

HOW committed
writing, printing, lithography, engraving, radio, Orally in public Offender performs
phonograph, painting or theatrical or any act not included
cinematographic exhibition, or any similar in any other crime
means. against honor
Cyber Libel - The unlawful or prohibited acts of
libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a
computer system or any other similar means
which may be devised in the future ( Sec. 4, RA
10175).
Common Element
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.
Prohibited publication of acts referred to in the course of official proceedings
Any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the
private life of another and offensive to the honor, virtue and reputation of said person, even though said
publication be made in connection with or under the pretext that it is necessary in the narration of any judicial
or administrative proceedings wherein such facts have been mentioned.
Libelous Remarks
Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if
made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from
criminal liability.
Incriminating innocent person
1. Offender performs an act
2. By such act he directly incriminates or imputes to an innocent person the commission of a crime
3. Such act does not constitute perjury
Intriguing against honor
1. Any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
 QUASI-OFFENSES
Criminal Negligence
Punishable Acts Elements
1. Committing through reckless imprudence any act 1. Offender does or fails to do an act.
which, had it been intentional, would constitute a 2. The doing of or the failure to do that act is voluntary.
grave or less grave felony or light felony 3. It be without malice.
2. Committing through simple imprudence or 4. Material damage results.
negligence an act which would otherwise 5. There is an inexcusable lack of precaution on the part of
constitute a grave or a less serious felony the person performing or failing to perform such act
3. Causing damage to the property of another taken into consideration:
through reckless imprudence or simple imprudence a. Employment or occupation
or negligence b. Degree of intelligence
4. Causing through simple imprudence or negligence c. Physical condition
some wrong which, if done maliciously, would d. Other circumstances regarding persons, time
have constituted a light felony and place

NOTE: Reckless imprudence under Article 365 is a single quasi-offense by itself and not merely a means to commit
other crimes such that conviction or acquittal of such quasi-offense bars subsequent prosecution for the same quasi-
offense, regardless of its various resulting acts (Ivler v. Modesto-San Pedro, G.R. No. 172716, November 17, 2010)