ART 248 – REDRUM Intentional or deliberate cutting of a part of

Any person who shall kill another with: another person’s body WITHOUT intent to
kill.
1. Treachery
ART 263 – SPI
2. In consideration of PRP
Any person who shall wound, beat, or
3. By means of fire, inundation,
assault another and victim becomes/suffers:
explosion, poison, MV
4. On occasion of calamities 1. Insane, impotent, blind
5. EP 2. Lost the use of speech, hear, smell,
6. Cruelty, scoffing, outraging eye, hand, foot, arm or incapacitated
for work
3. Deformity, lost any other part of his
Elements of TREACHERY:
body or use thereof, incapacitated
1. The employment of means of for more than 90 days
execution that gives the persons 4. Incapacity for labor for more than 30
attacked no opp to defend days
themselves (even if healing does not exceed 30
2. The means of execution were days, but there is 2 and 3, still SPI)
deliberately and consciously
Deformity – physical ugliness
adopted
NO INTENT TO KILL.
Must be present at the start of the
ART 265 – LSPI
attack, and continuous
Healing period is:
Elements of EVIDENT PREMEDITATION: Not more than 30 days
Not less than 10 days
1. The time the offender determined to
NOTE: Victim must go to the doctor for the
commit the crime
estimation of the healing period.
2. An act manifestly indicating that he
clung to such determination
ART 266 – SLIGHT PHYSICAL INJURIES AND
3. Sufficient lapse of time from
MALTREATMENT
determination to execution
(3 hours) 1. Incapacitated for labor for 1 to 9
days
2. Does not prevent from engaging in
Cruelty – putol2 sa lawas while the person is
his habitual work nor require
alive
medical assistance
Scofffing – making fun of the corpse (victim
3. Ill-treat another by deed without
is dead)
causing injury
Outraging – mutilating the corpse
ART 262 – MUTILATION
ART 266-A – RAPE
A. Rape is committed by a man who shall advantage of the child’s
have carnal knowledge of a woman under position or vulnerability
any of the following circumstances:
If under 13, exception shall NOT apply.
1. Through force, threat, or Demented – walay buot pero sakto sa edad
intimidation
2. Deprived of reason, unconscious B. Any person committing sexual assault by
3. Fraudulent machinations, grave inserting his penis or any object into
abuse of authority another person’s mouth or anal orifice –
4. Offended party is under 16, SEXUAL ASSAULT
demented By reason or on occasion of rape: (killing
could be another person)
WITHOUT CONSENT.
Attempted Rape with Homicide
Carnal Knowledge – not synonymous to
Rape with Homicide
sexual intercourse, no need to penetrate;
mere touch of the penis capable of
ART 266-B – QUALIFIED RAPE
penetration to the vulval cleft = rape
1. Incestuous rape, under 18, by parent,
Deprived of reason – mental condition;
ascendant, step-parent, guardian, relative
deprived of COMPLETE reason. Mere
by consanguinity or affinity within the 3 rd civ
mental abnormality is sufficient.
degree, common-law spouse of the parent
Unconscious – lasing; force or intimidation
of the victim
not necessary
2. victim is under custody of the police or
Fraudulent Machination – false pretenses
military authorities, law enforcement, penal
Grave abuse of authority – jail guard to
institution
arrested woman
3. rape is committed in full view of the
EXCEPTION to Par 4:
spouse, parent, children, relatives within
If the victim is under 16, or demented, rape
the 3rd civ degree; ignominy
is committed. Provided, there shall be no
4. victim is religious, engaged in legitimate
criminal liability when:
religious vocation or calling, known by the
1. If under 16, the age difference is not offender at the time of the commission of
more than 3 years the crime
And the sexual act is considered as: 5. below 7 = QUALIFIED RAPE OF A MINOR
a. Consensual 6. offender knows he has HIV, AIDS, or STDs
b. Non-abusive 7. by AFP, PNP, law enforcement agency or
Absence of undue penal institution when offender took
influence, intimidation, advantage of his position
fraudulent machinations 8. permanent physical mutilation or
c. Non- exploitative disability
No actual or attempted 9. pregnant, dapat klaro na
acts of unfairly taking
10. knowledge of mental disability,
emotional disorder, physical handicap at the ART 342 – FORCIBLE ABDUCTION
time 1. The person abducted is a woman
2. against her will
ART 267 – KIDNAPPING AND SERIOUS 3. with lewd designs.
ILLEGAL DETENTION Same penalty imposed if female abducted is
Any private individual who shall kidnap or under 12.
detain another: Forcible Abduction with Rape.
1. Kidnapping or detention shall have lasted
more than 3 days
2. committed simulating public authority ART 280 – QUALIFIED TRESPASS TO
3. serious physical injuries have been DWELLING
inflicted, or threats to kill him have been A. First Paragraph Requisites:
made 1. The offender is a private person
4. minor, except when the accused is a 2. Enters the dwelling of another
parent, female, or public officer 3. The entrance is against the latter’s will
(Serious Illegal Detention, regardless if it did Mere fact of no consent, does not
not last 3 days) constitute trespass to dwelling.
Penalty shall be death if KD was committed Implied Prohibition –
for the purpose of extorting ransom even if 1. Existing strained relation
1-4 were absent. KIDNAP FOR RANSOM 2. Entrance thru a window
Receiving actual ransom not required. TRESPASS TO DWELLING
Demand for ransom is sufficient.
Kidnapping WITH Homicide – kidnapped B. Second Paragraph
victim is killed in the course of the By means of violence or intimidation =
detention, regardless if purportedly sought QUALIFIED TRESPASS TO DWELLING
or an afterthought. KIDNAPPED VICTIM
Kidnapping AND Homicide – when a crime C. Third Paragraph
of kidnapping is committed an ANOTHER 1. preventing serious harm to himself,
person is killed. NOT KV occupants of the dwelling, or third person
Kidnapping with Rape. (only one count, 2. rendering some service to humanity or
bisag kapila) justice
Serious Illegal Detention with Homicide and 3. enter caves taverns inn public house
Rape. when open
Kidnapping for Ransom with Homicide.
TRESPASS TO DWELLING
UNLAWFUL ARREST VS ARBITRARY QUALIFIED TRESPASS TO DWELLING
DETENTION QUALIFIED TRESPASS TO DWELLING AND
1. any person vs public officers with SERIOUS PHYSICAL INJURIES
authority to detain
2. both without legal grounds ARTICLE 282 – GRAVE THREATS 2
Any person who shall threaten another with Elements:
the infliction of any wrong amounting to a 1. There is personal property belonging to
crime another
1. The penalty next lower in degree than 2. There is unlawful taking of that property.
that prescribed by law for the crime he 3. Intent to gain
threatened to commit, if the offender shall 4. violence against, or intimidation of any
have made the threat demanding money or person or force upon things
imposing any other condition, even though
not unlawful, and said offender shall have Threat is not only limited to the infliction of
attained his purpose. If the offender shall bodily harm, but threat of arrest and
not have attained his purpose, the penalty prosecution also.
lower by two degrees shall be imposed.
2. The penalty of arresto mayor and a fine 2 Kinds of Robbery:
not exceeding 100,000, if the threat shall 1. Robbery with violence against or
not have been made subject to a condition. intimidation of person
2. Robbery with force upon things
ART 285 – OTHER LIGHT THREATS
1. Threaten with a weapon, draw such The robber must get out to be
weapon consummated.
2. in the heat of anger, orally threaten
another with some harm, by subsequent If there is violence in the actual taking, or
acts he did not persist only after the taking, still robbery.
3. orally threaten to do another harm not a Robbery with Homicide.
felony
ART 294 – ROBBERY WITH VIOLENCE
ART 286 – GRAVE COERCIONS AGAINST OR INTIMIDATION OF PERSONS
1. By preventing another by means of Several kinds of robbery:
violence from doing something not 1. Simple Robbery
prohibited by law 2. Robbery with Unnecessary Violence
2. to compel another person by means of 3. Robbery with SPI
violence to do an act against his will, 4. Robbery with SPI but falling under par 2
whether right or wrong (lost of senses or removal of body part)
5. By reason or on occasion of robbery,
GRAVE THREATS VS GRAVE COERCION there is homicide, rape, intentional
1. Both have intimidation and threat. mutilation or arson
2. Harm is later vs harm is imminent or
immediate. 4 Kinds of Robbery with violence against or
intimidation of persons:
ART 293 – ROBBERY 1. Robbery with Homicide (all absorbed)
The unlawful taking of personal property 2. Robbery with Rape (all absorbed, must be
belonging to another. consummated)
3. Robbery with intentional mutilation 2. If any wall roof, floor or outside door or
4. Robbery with Arson window has been broken.
3. If the entrance has been effected through
Robbery with Homicide the use of false keys, picklocks or other
1. There is taking of personal property with similar tools.
violence or intimidation 4. If any door, wardrobe, chest, or any
2. property belongs to another sealed or closed furniture or receptacle has
3. intent to gain been broken.
4. by reason of or on occasion of robbery, 5. If any closed or sealed receptacle, as
homicide is committed. mentioned in the preceding paragraph, has
been removed, even if the same be broken
2 Subdivision of Robbery with force upon open elsewhere.
things
1. inhabited, public, dedicated to religious HIGHWAY ROBBERY VS ROBERRY
worship INCIDENTALLY COMMITTED IN A HIGHWAY
a. thru an opening not intended for 1. Any person, indiscriminate vs
entrance or exit predetermined victim
b. breaking any wall, roof, floor, 2. frequency in robbery in public highway vs
door, window occasional against a predetermined victim
c. using false keys, picklocks, similar
tools ART 308 – THEFT
d. using fictitious name or 2 Kinds
pretending the exercise of public 1. Simple Theft
authority 2. Qualified Theft
2. inhabited or private building
Theft elements:
Robbery is committed: 1. There is unlawful taking of the property
a. breaking of doors, wardrobes, 2. property belongs to another
chests, or locked or sealed furniture 3. intent to gain
or receptacle 4. without consent of owner
b. taking furniture or objects away to 5. there is no violence, threat, or
be broken or forced upon outside intimidation

There is robbery in an uninhabited place or QUALIFIED THEFT:

in a private building when following 1. domestic servant
circumstances is present: 2. with grave abuse of confidence
3. MV (ameneded)
1. If the entrance has been effected through 4. mail matter
any opening not intended for entrance or 5. large cattle (spl)
egress. 6. coconuts from the premises of plantation
7. fish from fishpond or fishery
8. on occasion of calamity having received money, goods or
property.
c. by taking undue advantage of the
signature of the offended party in
blank

2. ESTAFA BY FALSE PRETENSES executed

prior to or simultaneous with the
commission of fraud
1. by using fictitious name, falsely
pretending to possess power, influence,
ART 315 – ESTAFA qualifications property, credit, agency,
business, imaginary transactions, other
Any person who shall defraud another by similar deceits
any of the means mentioned = ESTAFA
b. by altering the quality, fineness, weight of
General Elements anything pertaining to his art or business
1. The accused defrauded another by abuse c. by pretending to have bribed any
of confidence or deceit or false pretenses government employee, without prejudice to
2. Damage or prejudice capable of the action for calumny
pecuniary estimation is caused d. by postdating a check, issuing a check in
payment, no funds, insufficient amount,
2 Kinds of Estafa failure to deposit within 3 days from receipt
1. Estafa with abuse of confidence of notice of dishonor
2. Estafa through deceit or false pretenses 1. offender has postdated or issued a
check in payment of obligation
1. ESTAFA WITH ABUSE OF CONFIDENCE 2. insufficient or no funds
a. by altering the substance, quality, 3. payee is defrauded
quantity of anything of value,
offender has the obligation to 3. ESTAFA THROUGH ANY OTHER
deliver, based on immoral or illegal FRAUDULENT MEANS
consideration a. by inducing another by means of deceit
b. misappropriating or converting to to sign any document
the prejudice of another, money, b. by resorting to some fraudulent practice
goods, or any other personal to ensure success in a gambling game
property received in trust or on c. by removing, concealing, destroying court
commission, administration, or record, office files, documents, papers
obligation to make delivery or return
the same, even though such
obligation be totally or partially ART 320 – DESTRUCTIVE ARSON
guaranteed by a bond, denying
Arson – malicious or deliberate destruction If done in a public place, only unjust
of property by means of fire. vexation.

2 Kinds of arson ART 339 – AOL WITH CONSENT

1. Destructive Arson – penalized art 320 1. Statutory AoL if under 16, minor
2. Simple Arson – PD 1613

ART 337 – QUALIFIED SEDUCTION

Seduction – enticing a woman to unlawful
sexual intercourse

ART 332 – PERSONS EXEMPT FROM 2 Kinds of Seduction:

CRIMINAL LIABILITY only CIVIL 1. Qualified
(ABSOLUTORY CAUSE) 2. Simple
1. Spouses, ascendants, descendants, Qualified Seduction:
relatives by affinity in the same line 1. Offended party is a minor
2. widowed spouse with respect to the 2. over 16, under 18
property which belonged to the deceased, 3. sexual intercourse, there is abuse of
before passed into the possession of authority, confidence, relationship
another
3. brothers and sisters and brothers and IF NO SEX, NO SEDUCTION, Only AoL.
sisters in law, if living together
WHO CAN COMMIT?
Only in the following crimes: 1. any person in public authority
1. Theft 2. priest
2. Malicious Mischief 3. house servant
3. Estafa 4. domestic
5. guardian
6. teacher
ART 336 – ACTS OF LASCIVIOUSNESS 7. any person entrusted with education or
custody of woman seduced
Rape without sex, circumstances that would
constitute AoL are the same of rape. DAPAT NAAY DECEIT.
elements of rape
ART 342 – FORCIBLE ABDUCTION
The taking of the woman against her will
1. if the victim is woman, the touching of and with lewd designs.
her private parts or genitals
2. if the victim is a man, only the genitals FORCIBLE ABDUCTION WITH RAPE.
(other rapes not absorbed, separate)
 2. a fair and true report made in good faith,
ART 353 – LIBEL without any comments or remarks
Three forms of defamation:
1. Libel which can be committed thru
writing ART 358 – SLANDER
2. Oral Defamation 1. Grave Oral
3. Slander by Deed 2. Slight Oral

Elements of Defamation: ART 359 – SLANDER BY DEED

1. There must be an imputation of a crime, A person committing an act to cast
vice, or defect, real or imaginary, imputation dishonor, discredit, or contempt upon
of an act or omission, condition, status or another person.
circumstance
Kinds:
1. Simple
LIBEL Elements: 2. Grave
1. There must be a defamatory statement
2. There is publication ART 365 – IMPRUDENCE AND NEGLIGENCE
3. There must be malice 1. offender fails to do an act
2. doing or failure to do that act is voluntary
INSTANCES WHERE MALICE IS NOT 3. without malice
PRESUMED: 4. material damage from reckless
1. Privilege Communication imprudence
5. inexcusable lack of precaution
2 Kinds of Privilege Communication:
RECKLESS IMPRUDENCE RESULTING IN…..
A. ABSOLUTE PRIVILEGE COMMUNICATION
1. statements made by Congress in the
discharge of their functions ART 134 – REBELLION
2. official communications made by public
officers Requisites:
3. statement or allegation made by the 1. There is public uprising and taking of
parties or counsel in their motion or arms
pleading 2. remove allegiance to the government
4. answers given by witnesses in reply 3. deprive the President or legislature of
their powers
B. CONDITIONAL PRIVILEGE
COMMUNICATION
1. Any communication made by any person
to another in the performance of any legal,
moral, social duty