TITLE V.

CRIMES
RELATIVE TO OPIUM
AND OTHER
PROHIBITED DRUGS
Articles 190, 191, 192, 193 and194
of the Revised Penal Code

These ARTICLES have been

repealed by Republic Act No.
6425 (The Dangerous Drugs
Act of 1972), as amended by
Presidential Decree No. 1683
and further amended by
Republic Act No. 7659.
TITLE VI. CRIMES
AGAINST PUBLIC
MORALS
 Article 195. What Acts Are
Punishable in Gambling
• Acts punished
1. Taking part directly or indirectly in –
a. any game of monte, jueteng, or any
other form of lottery, policy, banking,
or percentage game, dog races, or any
other game or scheme the results of
which depend wholly or chiefly upon
chance or hazard; or wherein wagers
consisting of money, articles of value,
or representative of value are made; or
b. the exploitation or use of any other
mechanical invention or contrivance to
determine by chance the loser or
winner of money or any object or
representative of value;

2. Knowingly permitting any form of

gambling to be carried on in any place
owned or controlled by the offender;
3. Being maintainer, conductor, or
banker in a game of jueteng or similar
game;

4. Knowingly and without lawful

purpose possessing lottery list, paper,
or other matter containing letters,
figures, signs or symbol which pertain
to or are in any manner used in the
game of jueteng or any similar game.
 Article 196. Importation, Sale and
Possession of Lottery Tickets or
Advertisements
• Acts punished

1. Importing into the Philippines from

any foreign place or port any lottery
ticket or advertisement; or

2. Selling or distributing the same in

connivance with the importer;
 3. Possessing, knowingly and with
intent to use them, lottery tickets or
advertisements; or

4. Selling or distributing the same

without connivance with the importer
of the same.
• Note that possession of any lottery
ticket or advertisement is prima facie
evidence of an intent to sell, distribute
or use the same in the Philippines.
 Article 197. Betting in Sport
Contests
• This article has been repealed by Presidential
Decree No. 483 (Betting, Game-fixing or Point-
shaving and Machinations in Sport Contests):
• Section 2. Betting, game-fixing, point-shaving
or game machination unlawful. – Game-fixing,
point-shaving, game machination, as defined in
the preceding section, in connection with the
games of basketball, volleyball, softball,
baseball; chess, boxing bouts, jai-alia, sipa,
pelota and all other sports contests, games or
races; as well as betting therein except as may
be authorized by law, is hereby declared
unlawful.
 Article 198. Illegal Betting on
Horse Race
• Acts punished
1. Betting on horse races during
periods not allowed by law;

2. Maintaining or employing a totalizer

or other device or scheme for betting
on races or realizing profit therefrom
during the periods not allowed by law.
• When horse races not allowed
1. July 4 (Republic Act No. 137);

2. December 30 (Republic Act No.

229);

3. Any registration or voting days

(Republic Act No. 180, Revised Election
Code); and
4. Holy Thursday and Good Friday
(Republic Act No. 946).
 Article 199. Illegal Cockfighting
• This article has been modified or repealed by
Presidential Decree No. 449 (The
Cockfighting Law of 1974):
• Only allows one cockpit per municipality,
unless the population exceeds 100,000 in
which case two cockpits may be established;
• Cockfights can only be held in licensed
cockpits on Sundays and legal holidays and
local fiestas for not more than three days;
• Also allowed during provincial, municipal,
city, industrial, agricultural fairs, carnivals, or
exposition not more than three days;
• Cockfighting not allowed on December 30,
June 12, November 30, Holy Thursday, Good
Friday, Election or Referendum Day, and
registration days for referendums and
elections;
• Only municipal and city mayors are allowed
to issue licenses for such.
Note: Presidential Decree No. 1602
(Simplifying and Providing Stiffer
Penalties for Violations of Philippine
Gambling Laws)
 Article 200. Grave Scandal
• Elements
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as
offending against decency or good customs;
3. The highly scandalous conduct is not
expressly falling within any other article of
this Code; and
4. The act or acts complained of be
committed in a public place or within the
public knowledge or view.
• In grave scandal, the scandal involved refers
to moral scandal offensive to decency,
although it does not disturb public peace. But
such conduct or act must be open to the public
view.
• In alarms and scandals, the scandal involved
refers to disturbances of the public tranquility
and not to acts offensive to decency.
• Any act which is notoriously offensive to
decency may bring about criminal liability for
the crime of grave scandal provided such act
does not constitute some other crime under
the Revised Penal Code. Grave scandal is a
crime of last resort.
• Distinction should be made as to the
place where the offensive act was
committed, whether in the public place
or in a private place:
(1) In public place, the criminal liability
arises irrespective of whether the
immoral act is open to the public view.
In short public view is not required.
(2) When act offensive to decency is
done in a private place, public view or
public knowledge is required.
• Public view does not require
numerous persons. Even if there
was only one person who
witnessed the offensive act for as
long as the third person was not an
intruder, grave scandal is
committed provided the act does
not fall under any other crime in
the Revised Penal Code.
 Article 201. Immoral Doctrines,
Obscene Publications and
Exhibitions and Indecent Shows
• Acts punished
1. Those who shall publicly expound or
proclaim doctrines openly contrary to
public morals;
2. a. 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;
 b. Those who, in theaters, fairs, cinematographs, or
any other place, exhibit indecent or immoral plays,
scenes, acts, or shows, it being understood that the
obscene literature or indecent or immoral plays,
scenes, acts or shows, whether live or in film, which
are proscribed by virtue hereof, shall include those
which: (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race,
or religion; (4) tend to abet traffic in and use of
prohibited drugs; and (5) are contrary to law, public
order, morals, good customs, established policies,
lawful orders, decrees and edicts; and

3. Those who shall sell, give away, or exhibit films,

prints, engravings, sculptures, or literature which
are offensive to morals.
 Article 202. Vagrants and
Prostitutes; Penalty
• Vagrants
1. Any person having no apparent means of
subsistence, who has the physical ability to work
and who neglects to apply himself or herself to
some lawful calling;
2. Any person found loitering about public or
semi-public buildings or places or trampling or
wandering about the country or the streets
without visible means of support;
3. Any idle or dissolute person who ledges in
houses of ill fame;
4. Ruffians or pimps and those who
habitually associate with prostitutes;
5. Any person who, not being included
in the provisions of other articles of this
Code, shall be found loitering in any
inhabited or uninhabited place
belonging to another without any lawful
or justifiable purpose;
6. Prostitutes, who are women who, for
money or profit, habitually indulge in
sexual intercourse or lascivious
conduct.
• On the Other hand, Vagrancy is not only a
crime of the privileged or the poor.
• The law punishes the act involved here as a
stepping stone to the commission of other
crimes.
• Without this article, law enforcers would have
no way of checking a person loitering in the
wrong place in the wrong time.
• The purpose of the law is not simply to
punish a person because he has no means of
livelihood; it is to prevent further criminality.
• Use this when someone loiters in front of
your house every night.
 TITLE VII. CRIMES COMMITTED BY
PUBLIC OFFICERS
• The designation of the title is misleading. Crimes
under this title can be committed by public
officers or a non-public officer, when the latter
become a conspirator with a public officer, or an
accomplice, or accessory to the crime.
• The public officer has to be the principal.
• In some cases, it can even be committed by a
private citizen alone such as in Article 275
(infidelity in the custody of a prisoner where the
offender is not a public officer) or in Article 222
(malversation).
• Art. 203. Who are public officers. — For
the purpose of applying the provisions
of this and the preceding titles of this
book, any person who, by direct
provision of the law, popular election or
appointment by competent authority,
shall take part in the performance of
public functions in the Government of
the Philippine Islands, of shall perform
in said Government or in any of its
branches public duties as an employee,
agent or subordinate official, of any rank
or class, shall be deemed to be a public
officer.
• Breach of oath of office partakes of three
forms:
(1) Malfeasance - when a public officer
performs in his public office an act prohibited
by law.
Example: bribery.
(2) Misfeasance - when a public officer
performs official acts in the manner not in
accordance with what the law prescribes.
(3) Nonfeasance - when a public officer
willfully refrains or refuses to perform an
official duty which his office requires him to
perform.
 Chapter Two
MALFEASANCE AND MISFEASANCE
IN OFFICE
Section One. — Dereliction of duty
Article 204. Knowingly Rendering Unjust
Judgment
1. Offender is a judge;
2. He renders a judgment in a case
submitted to him for decision;
3. Judgment is unjust;
4. The judge knows that his judgment is
unjust .
Article 205. Judgment Rendered
through Negligence
1. Offender is a judge;

2. He renders a judgment in a case

submitted to him for decision;

3. The judgment is manifestly unjust;

4. It is due to his inexcusable

negligence or ignorance.
Article 206. Unjust Interlocutory
Order
1. Offender is a judge;

2. He performs any of the following

acts:

a. Knowingly rendering an unjust

interlocutory order or decree; or
b. Rendering a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
• The crime of knowingly rendering an unjust
judgment, or knowingly issuing an unjust
interlocutory order, may be committed only by a
judge of a trial court and never of an appellate court.
The reason for this is that in appellate court, not
only one magistrate renders or issues the
interlocutory order. An appellate court functions as a
division and the resolutions thereof are handed down
only after deliberations among the members of a
division so that it cannot be said that there is malice
or inexcusable negligence or ignorance in the
rendering of a judgment or order that is supposedly
unjust as held by the Supreme Court in one
administrative case.
• There is more injustice done in cases of judgment
than mere interlocutory order that is why the
penalty is higher in the first case.
Article 207. Malicious Delay in the
Administration of Justice
1. Offender is a judge;
2. There is a proceeding in his court;
3. He delays in the administration of
justice;
4. The delay is malicious, that is, with
deliberate intent to inflict damage on
either party in the case.
Article 207. Malicious Delay in the
Administration of Justice
1. Offender is a judge;
2. There is a proceeding in his court;
3. He delays in the administration of justice;
4. The delay is malicious, that is, with
deliberate intent to inflict damage on either
party in the case.

• Malice must be proven. Malice is present where the

delay is sought to favor one party to the prejudice of
the other.
• These have been interpreted by the Supreme Court
to refer only to judges of the trial court.
Article 208. Prosecution of Offenses;
Negligence and Tolerance
• Elements of dereliction of duty in the
prosecution of offenses
1. Offender is a public officer or officer of the
law who has a duty to cause the prosecution
of, or to prosecute, offenses;
2. There is a dereliction of the duties of his
office, that is, knowing the commission of the
crime, he does not cause the prosecution of
the criminal, or knowing that a crime is about
to be committed, he tolerates its commission;
3. Offender acts with malice and deliberate
intent to favor the violator of the law.
• A public officer engaged in the
prosecution of offenders shall
maliciously tolerate the commission of
crimes or refrain from prosecuting
offenders or violators of the law.
• This crime can only be committed by a
public officer whose official duty is to
prosecute offenders, that is, state
prosecutors. Hence, those officers who
are not duty bound to perform these
obligations cannot commit this crime in
the strict sense.
• When a policeman tolerates the commission
of a crime or otherwise refrains from
apprehending the offender, such peace
officer cannot be prosecuted for this crime
but they can be prosecuted as:
(1) An accessory to the crime committed by
the principal in accordance with Article 19,
paragraph 3; or
(2) He may become a fence if the crime
committed is robbery or theft, in which case
he violates the Anti-Fencing Law; or
(3) He may be held liable for violating the
Anti-Graft and Corrupt Practices Act.
 Prevaricacion
• This used to be a crime under the Spanish
Codigo Penal, wherein a public officer
regardless of his duty violates the oath of his
office by not carrying out the duties of his
office for which he was sworn to office, thus,
amounting to dereliction of duty.
• But the term prevaricacion is not limited to
dereliction of duty in the prosecution of
offenders. It covers any dereliction of duty
whereby the public officer involved violates his
oath of office. The thrust of prevaricacion is
the breach of the oath of office by the public
officer who does an act in relation to his official
duties.
 Article 209. Betrayal of Trust by An
Attorney or Solicitor – Revelation
of Secrets
Acts punished
1. Causing damage to his client, either—
a. By any malicious breach of professional
duty;
b. By inexcusable negligence or ignorance.

• Note: When the attorney acts with malicious

abuse of his employment or inexcusable
negligence or ignorance, there must be
damage to his client.
2. Revealing any of the secrets of his
client learned by him in his professional
capacity;
3. Undertaking the defense of the
opposing party in the same case,
without the consent of his first client,
after having undertaken the defense of
said first client of after having received
confidential information from said
client.
 Article 210. Direct Bribery
• Acts punished
1. Agreeing to perform, or performing, in
consideration of any offer, promise, gift or
present – an act constituting a crime, in
connection with the performance of his
official duties;
2. Accepting a gift in consideration of the
execution of an act which does not constitute
a crime, in connection with the performance
of his official duty;
3. Agreeing to refrain, or by refraining, from
doing something which it is his official duty
to do, in consideration of gift or promise.
It is a common notion that when you
talk of bribery, you refer to the one
corrupting the public officer. Invariably,
the act refers to the giver, but this is
wrong. Bribery refers to the act of the
receiver and the act of the giver is
corruption of public official.
 Article 211. Indirect Bribery
• Elements
1. Offender is a public officer;

2. He accepts gifts;

3. The gifts are offered to him by

reason of his office.
 Distinction between direct bribery and
indirect bribery
• Bribery is direct when a public officer is
called upon to perform or refrain from
performing an official act in exchange for the
gift, present or consideration given to him.
• If he simply accepts a gift or present given to
him by reason of his public position, the
crime is indirect bribery. Bear in mind that
the gift is given "by reason of his office", not
"in consideration" thereof. So never use the
term “consideration.” The public officer in
Indirect bribery is not to perform any official
act.
• The public official does not undertake to perform an
act or abstain from doing an official duty from what
he received. Instead, the official simply receives or
accepts gifts or presents delivered to him with no
other reason except his office or public position. This
is always in the consummated stage. There is no
attempted much less frustrated stage in indirect
bribery.
• The Supreme Court has laid down the rule that for
indirect bribery to be committed, the public officer
must have performed an act of appropriating of the
gift for himself, his family or employees. It is the act
of appropriating that signifies acceptance. Merely
delivering the gift to the public officer does not bring
about the crime. Otherwise it would be very easy to
remove a public officer: just deliver a gift to him.
 Article 211-A. Qualified Bribery
• Elements
1. Offender is a public officer entrusted with
law enforcement;
2. He refrains from arresting or prosecuting an
offender who has committed a crime;
3. Offender has committed a crime punishable
by reclusion perpetua and/or death;
4. Offender refrains from arresting or
prosecuting in consideration of any offer,
promise, gift, or present.
• Note that the penalty is qualified if the public
officer is the one who asks or demands such
present.
 Presidential Decree No. 46

• Presidential Decree No. 46 prohibits

giving and acceptance of gifts by a
public officer or to a public officer, even
during anniversary, or when there is an
occasion like Christmas, New Year, or
any gift-giving anniversary. The
Presidential Decree punishes both
receiver and giver.
 Presidential Decree No. 749

• The decree grants immunity from

prosecution to a private person or
public officer who shall voluntarily give
information and testify in a case of
bribery or in a case involving a
violation of the Anti-graft and Corrupt
Practices Act.
 Presidential Decree No. 749
• It provides immunity to the bribe-giver
provided he does two things:
(1) He voluntarily discloses the
transaction he had with the public
officer constituting direct or indirect
bribery, or any other corrupt
transaction;
(2) He must willingly testify against the
public officer involved in the case to be
filed against the latter.
 Republic Act No. 7080 (Plunder)
• Plunder is a crime defined and penalized under
Republic Act No. 7080, which became effective in
1991.
• This crime somehow modified certain crimes in the
Revised Penal Code insofar as the overt acts by
which a public officer amasses, acquires, or
accumulates ill-gotten wealth are felonies under the
Revised Penal Code like bribery (Articles 210, 211,
211-A), fraud against the public treasury [Article
213], other frauds (Article 214), malversation
(Article 217), when the ill-gotten wealth amounts to
a total value of P50,000,000.00.
• The amount was reduced from P75,000,000.00 by
Republic Act No. 7659 and the penalty was changed
from life imprisonment to reclusion perpetua to
death.
 Republic Act No. 3019 (Anti-Graft
and Corrupt Practices Act)

• The mere act of a public officer

demanding an amount from a
taxpayer to whom he is to render
public service does not amount to
bribery, but will amount to a
violation of the Anti-graft and
Corrupt Practices Act.
 Republic Act No. 1379 (Forfeiture
of Ill-gotten Wealth)

• Correlate with RA 1379 -- properly

under Remedial Law. This provides
the procedure for forfeiture of the
ill-gotten wealth in violation of the
Anti-Graft and Corrupt Practices
Act. The proceedings are civil and
not criminal in nature.
 Article 214. Other Frauds

Elements
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 Article 315 to
318.
 Article 214. Other Frauds

Chapter Six
SWINDLING AND OTHER DECEITS
• Art. 315. Swindling (estafa).
• Art. 316. Other forms of swindling.
• Art. 317. Swindling a minor.
• Art. 318. Other deceits.
Article 217. Malversation of Public
Funds or Property – Presumption
of Malversation
1. Offender is a public officer;
2. He had the custody or control of funds or
property by reason of the duties of his office;
3. Those funds or property were public funds
or property for which he was accountable;
4. He appropriated, took, misappropriated or
consented or, through abandonment or
negligence, permitted another person to take
them.
Article 217. Malversation of Public
Funds or Property – Presumption
of Malversation
This crime is predicated on the
relationship of the offender to the
property or funds involved. The
offender must be accountable for the
property misappropriated. If the fund
or property, though public in character
is the responsibility of another officer,
malversation is not committed unless
there is conspiracy.
 Article 217. Malversation of Public
Funds or Property – Presumption
of Malversation
• It is not necessary that the offender profited
because somebody else may have
misappropriated the funds in question for as
long as the accountable officer was remiss in his
duty of safekeeping public funds or property. He
is liable for malversation if such funds were lost
or otherwise misappropriated by another.
• There is no malversation through simple
negligence or reckless imprudence, whether
deliberately or negligently. This is one crime in
the Revised Penal Code where the penalty is the
same whether committed with dolo or culpa.
 Article 220. Illegal use of public
funds or property
Elements
1. Offender is a public officer;
2. There are public funds or property under
his administration;
3. Such fund or property were appropriated
by law or ordinance;
4. He applies such public fund or property to
any public use other than for which it was
appropriated for.
 Article 220. Illegal use of public
funds or property
Illegal use of public funds or property is
also known as technical malversation.
The term technical malversation is used
because in this crime, the fund or
property involved is already
appropriated or earmarked for a certain
public purpose.
 Article 220. Illegal use of public
funds or property
The offender is entrusted with such
fund or property only to administer or
apply the same to the public purpose
for which it was appropriated by law or
ordinance. Instead of applying it to the
public purpose to which the fund or
property was already appropriated by
law, the public officer applied it to
another purpose.
 Article 220. Illegal use of public
funds or property
Since damage is not an element of
malversation, even though the
application made proved to be more
beneficial to public interest than the
original purpose for which the amount
or property was appropriated by law,
the public officer involved is still liable
for technical malversation.
 Article 220. Illegal use of public
funds or property
If public funds were not yet
appropriated by law or ordinance, and
this was applied to a public purpose by
the custodian thereof, the crime is plain
and simple malversation, not technical
malversation. If the funds had been
appropriated for a particular public
purpose, but the same was applied to
private purpose, the crime committed
is simple malversation only.
 Article 221. Failure to Make
Delivery of Public Funds of
Property
Acts punished
1. Failing to make payment by a public
officer who is under obligation to make
such payment from government funds
in his possession;
2. Refusing to make delivery by a
public officer who has been ordered by
competent authority to deliver any
property in his custody or under his
administration.
 Article 221. Failure to Make
Delivery of Public Funds of
Property
Elements of failure to make payment
1. Public officer has government funds
in his possession;
2. He is under obligation to make
payment from such funds;
3. He fails to make the payment
maliciously.
 Article 223. Conniving with or
Consenting to Evasion
Elements:
1. Offender is a public officer;
2. He had in his custody or charge a
prisoner, either detention prisoner or
prisoner by final judgment;
3. Such prisoner escaped from his
custody;
4. He was in connivance with the
prisoner in the latter’s escape.
 Article 223. Conniving with or
Consenting to Evasion

Classes of prisoners involved

1. If the fugitive has been sentenced by
final judgment to any penalty;
2. If the fugitive is held only as
detention prisoner for any crime or
violation of law or municipal ordinance.
 Article 224. Evasion through
Negligence
Elements:
1. Offender is a public officer;

2. He is charged with the conveyance

or custody of a prisoner or prisoner by
final judgment;

3. Such prisoner escapes through

negligence.
 Article 225. Escape of Prisoner
under the Custody of a Person not
a Public Officer
Elements:
1. Offender is a private person;
2. The conveyance or custody of a
prisoner or person under arrest is
confided to him;
3. The prisoner or person under arrest
escapes;
4. Offender consents to the escape, or
that the escape takes place through his
negligence.
 Article 225. Escape of Prisoner
under the Custody of a Person not
a Public Officer
• The crime is infidelity in the custody of
prisoners if the offender involved is the
custodian of the prisoner.
• If the offender who aided or consented
to the prisoner’s escaping from
confinement, whether the prisoner is a
convict or a detention prisoner, is not
the custodian, the crime is delivering
prisoners from jail under Article156.
 Article 225. Escape of Prisoner
under the Custody of a Person not
a Public Officer
• The crime of infidelity in the custody of
prisoners can be committed only by the
custodian of a prisoner.
• If the jail guard who allowed the
prisoner to escape is already off-duty
at that time and he is no longer the
custodian of the prisoner, the crime
committed by him is delivering
prisoners from jail.
 Article 225. Escape of Prisoner
under the Custody of a Person not
a Public Officer
• Note that you do not apply here the
principle of conspiracy that the act of
one is the act of all. The party who is
not the custodian who conspired with
the custodian in allowing the prisoner
to escape does not commit infidelity in
the custody of the prisoner. He
commits the crime of delivering
prisoners from jail.
 TITLE EIGHT
I. CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
• That a person is killed.
• That the deceased is killed by the accused.
• That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or a
legitimate other ascendant or other
descendant, or the legitimate spouse of the
accused.
Notes:
• The relationship of the offender with the
victim is the essential element of the
felony
• Parents and children are not included in
the term “ascendants” or “descendants”
• The other ascendant or descendant must
be legitimate. On the other hand, the
father, mother or child may be legitimate
or illegitimate
• The child should not be less than 3 days
old. Otherwise, the offense is infanticide
• Relationship must be alleged
• A stranger who cooperates in
committing parricide is liable for
murder or homicide
• Even if the offender did not know that
the person he had killed is his son, he
is still liable for parricide because the
law does not require knowledge of the
relationship
 B.  DEATH OR PHYSICAL INJURIES
UNDER EXCEPTIONAL
CIRCUMSTANCES
Requisites:
• A legally married person or parent surprises his
spouse or daughter (the latter must be under 18
and living with them) in the act of committing
sexual intercourse with another person
• He/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
• He has not promoted or facilitated the
prostitution of his wife or daughter, or that he
has not consented to the infidelity of the other
spouse.
Notes:
• Article does not define or penalize a felony
• Not necessary that the parent be legitimate
• Article applies only when the daughter is single
• Surprise: means to come upon suddenly or
unexpectedly
• Art 247 is applicable when the accused did not
see his spouse in the act sexual intercourse
with another person. However, it is enough
that circumstances reasonably show that the
carnal act is being committed or has been
committed
• Sexual intercourse does not include
preparatory acts
• Immediately thereafter: means that the
discovery, escape, pursuit and the killing
must all form parts of one continuous act
• The killing must be the direct by-product of
the rage of the accused
• No criminal liability is incurred when less
serious or slight physical injuries are
inflicted. Moreover, in case third persons
caught in the crossfire suffer physical
injuries, the accused is not liable. The
principle that one is liable for the
consequences of his felonious act is not
applicable because he is not committing a
felony
 C. ELEMENTS  OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following
qualifying circumstances
a. with treachery, taking advantage of superior
strength, with the aid or armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity
b. in consideration of price, reward or promise
c. by means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or
assault upon a street car or locomotive, fall of
airship, by means of motor vehicles or with the
use of any other means involving great waste or
ruin
 d. on occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or
any other public calamity
e. with evident premeditation
f. with cruelty, by deliberately and
inhumanely augmenting the suffering of
the victim or outraging or scoffing at his
person or corpse
4. The killing is not parricide or
infanticide.
Notes:
• The victim must be killed in order to
consummate the offense. Otherwise, it would be
attempted or frustrated murder
• Murder will exist with only one of the
circumstances. The other circumstances are
absorbed or included in one qualifying
circumstance. They cannot be considered as
generic aggravating circumstances
• Any of the qualifying circumstances must be
alleged in the information. Otherwise, they will
only be considered as generic aggravating
circumstances
• Treachery and premeditation are inherent in
murder with the use of poison.
 D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without
any justifying circumstances.
3. That the accused had the intention to
kill, which is presumed.
4. That the killing was not attended by
any of the qualifying circumstances of
murder, or by that of parricide or
infanticide.
Notes:
• Intent to kill is conclusively presumed when
death resulted. Hence, evidence of intent to kill
is required only in attempted or frustrated
homicide
• There is no crime of frustrated homicide through
negligence
• When the wounds that caused death were
inflicted by 2 different persons, even if they
were not in conspiracy, each one of them is
guilty of homicide
• In all crimes against persons in which the death
of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and
(2) the identity of the victim
 E. PENALTY FOR FRUSTRATED
PARRICIDE, MURDER OR
HOMICIDE (250)
• The courts, in view of the facts of the case,
may impose upon the person guilty of the
frustrated crime of parricide, murder or
homicide, defined and penalized in the
preceding articles, a penalty lower by one
degree than that which should be imposed
under the provision of Article 50.
• The courts, considering the facts of the case,
may likewise reduce by one degree the
penalty which under Article 51 should be
imposed for an attempt to commit any of
such crimes.
 F. ELEMENTS OF DEATH IN A
TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally.
3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the
deceased.
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Notes:
• Tumultuous affray exists hen at least 4
persons take part in it
• When there are 2 identified groups of
men who assaulted each other, there is
no tumultuous affray
• Persons liable are:
– person/s who inflicted serious physical
injuries
– if it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the
person of the victim.
 G. ELEMENTS OF PHYSICAL
INJURIES INFLICTED IN A
TUMULTOUS AFFRAY: (252)
1. that there is a tumultuous affray as referred
to in the preceding article.
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only.
3. that the person responsible therefor cannot
be identified.
4. That all those who appear to have used
violence upon the person of the offended
party are known.
 H.GIVING ASSISTANCE TO
SUICIDE: (253)
Acts punishable:
1. Assisting another to commit suicide,
whether the suicide is consummated or
not
2. Lending his assistance to another to
commit suicide to the extent of doing
the killing himself.
 H.GIVING ASSISTANCE TO
SUICIDE: (253)
Notes:
1. A person who attempts to commit suicide is not
criminally liable
2. A pregnant woman who tried to commit suicide by
means of poison but instead of dying, the fetus in
her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing.
Euthanasia/mk is the practice of painlessly putting
to death a person suffering from some incurable
disease. In this case, the person does not want to
die. A doctor who resorts to euthanasia may be held
liable for murder
4. Penalty is mitigated if suicide is not successful.
 I. ELEMENTS OF DISCHARGE OF
FIREARMS: (254)
1. that the offender discharges a firearm
against or at another person.
2. That the offender has no intention to kill
that person.

Notes:
3. The offender must shoot at another with
any firearm without intention of killing him.
If the firearm is not discharged at a person,
the act is not punished under this article
 I. ELEMENTS OF DISCHARGE OF
FIREARMS: (254)
2. A discharge towards the house of the victim is not
discharge of firearm. On the other hand, firing a
gun against the house of the offended party at
random, not knowing in what part of the house the
people were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to
intimidate or frighten the offended party
4. Intent to kill is negated by the fact that the distance
between the victim and the offender is 200 yards
5. A person can be held liable for discharge even if the
gun was not pointed at the offended party when it
fired for as long as it was initially aimed at or
against the offended party.
 J. ELEMENTS OF INFANTICIDE:
(255)
1.That a child was killed.
2.That the deceased child was
less than three days (72 hours)
of age.
3.That the accused killed the
said child.
Notes:
• When the offender is the father,
mother or legitimate ascendant, he
shall suffer the penalty prescribed for
parricide. If the offender is any other
person, the penalty is that for murder.
In either case, the proper qualification
for the offense is infanticide
• When infanticide is committed by the
mother or maternal grandmother in
order to conceal the dishonor, such fact
is only mitigating
• The delinquent mother who claims that
she committed the offense to conceal
the dishonor must be of good
reputation. Hence, if she is a prostitute,
she is not entitled to a lesser penalty
because she has no honor to conceal
• There is no infanticide when the child
was born dead, or although born alive
it could not sustain an independent life
when it was killed.
 K. ELEMENTS OF INTENTIONAL
ABORTION: (256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or
beverages administered, or that the accused
otherwise acts upon such pregnant woman.
3. That as a result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in
the womb or after having been expelled
therefrom.
4. That the abortion is intended.
 L. ELEMENTS OF UNINTENTIONAL
ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such
pregnant woman without intending an
abortion.
3. That the violence is intentionally
exerted.
4. That as a result of the violence that
fetus dies, either in the womb or after
having been expelled therefrom.
Notes:
• Unintentional abortion can also be
committed through negligence
– The accused can only be held
liable if he knew that the woman
was pregnant
– If there is no intention to cause
abortion and neither was violence
exerted, arts 256 and 257 does
not apply.
 M. ELEMENTS  OF ABORTION
PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS:
(258)
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician
or midwife, causes or assists in causing the
abortion.
4. That said physician or midwife takes
advantage of his or her scientific knowledge
or skill.
Notes:
• Liability of the pregnant woman is
mitigated if the purpose is to conceal
her dishonor. However, there is no
litigation for the parents of the
pregnant women even if their purpose
is to conceal their daughter’s dishonor
• In infanticide, parents can avail of the
mitigating circumstance of concealing
the dishonor of their daughter. This is
not so for art 258
 N. ELEMENTS OF ABORTION
PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF
ABORTIVES: (259)
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
a. the pregnant woman herself
b. any other person, with her consent, or
c. any of her parents, with her consent for
the purpose of concealing her dishonor.
Notes:
• It is not necessary that the pharmacist
knew that the abortive would be used
to cause abortion. What is punished is
the act of dispensing an abortive
without the proper prescription. It is
not necessary that the abortive be
actually used
• If the pharmacist knew that the
abortive would be used to cause
abortion and abortion results, he is
liable as an accomplice
 O. RESPONSIBILITY OF
PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary
serious physical injuries
3. Making a combat although no
physical injuries have been
inflicted
 O. RESPONSIBILITY OF
PARTICIPANTS IN A DUEL: (260)
Persons liable:
• Principals – person who killed or
inflicted physical injuries upon his
adversary, or both combatants in
any other cases
• Accomplices – as seconds
Notes:
• Duel: a formal or regular combat
previously concerted between 2 parties
in the presence of 2 or more seconds of
lawful age on each side, who make the
selection of arms and fix all the other
conditions of the fight
• If death results, the penalty is the
same as that for homicide
 P. CHALLENGING TO A DUEL:
(261)
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a
challenge to a duel
3. Scoffing at or decrying another
publicly for having refused to accept
a challenge to fight a duel
Persons liable:
• Challenger
• Instigators
 II. PHYSICAL INJURIES
A.   MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by
depriving him, totally or partially, of
some essential organ for reproduction
2. Intentionally making another
mutilation, i.e. lopping, clipping off any
part of the body of the offended party,
other than the essential organ for
reproduction, to deprive him of that
part of the body
Elements:
• There be a castration i.e. mutilation of
organs necessary for generation
• Mutilation is caused purposely and
deliberately
Notes:
• In the first kind of mutilation, the
castration must be made purposely.
Otherwise, it will be considered as
mutilation of the second kind
• Mayhem: refers to any other
intentional mutilation
 B.   SERIOUS PHYSICAL INJURIES:
(263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious
substances
What are serious physical injuries:
1. Injured person becomes insane,
imbecile, impotent or blind
2. Injured person –
a. loses the use of speech or the power to
hear or to smell, loses an eye, a hand,
foot, arm or leg
b. loses the use of any such member
c. becomes incapacitated for the work in
which he had been habitually engaged
3. Injured person –
a. becomes deformed
b. loses any other member of his body
c. loses the use thereof
d. becomes ill or incapacitated for the
performance of the work in which he
had been habitually engaged in for
more than 90 days
a. Injured person becomes ill or
incapacitated for labor for more
than 30 days (but not more than
90 days)
Notes:
1. Serious physical injuries may be committed
through reckless imprudence or simple
imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate
and sterility
4. Blindness requires lost of vision in both
eyes. Mere weakness in vision is not
contemplated
5. Loss of power to hear must involve both
ears. Otherwise, it will be considered as
serious physical injuries under par 3
6. Loss of use of hand or incapacity of usual work in
par 2 must be permanent
7. Par 2 refers to principal members of the body. Par
3 on the other hand, covers any other member
which is not a principal part of the body. In this
respect, a front tooth is considered as a member
of the body, other than a principal member
8. Deformity: means physical ugliness, permanent
and definite abnormality. Not curable by natural
means or by nature. It must be conspicuous and
visible. Thus, if the scar is usually covered by a
dress, it would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss
of one incisor is not. However, loss of one tooth
which impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury which
cannot be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and
also loss of the power to hear. Meanwhile, loss of the
lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a
deformity or loss of a member, not a principal one of
his body or use of the same
13. Loss of the power to hear in the right ear is
considered as merely loss of use of some other part
of the body
14. If the injury would require medical attendance for
more than 30 days, the illness of the offended party
may be considered as lasting more than 30 days.
The fact that there was medical attendance for that
period of time shows that the injuries were not cured
for that length of time
15. Under par 4, all that is required is illness or
incapacity, not medical attendance
16. In determining incapacity, the injured party
must have an avocation at the time of the
injury. Work: includes studies or preparation
for a profession
17. When the category of the offense of
serious physical injuries depends on the
period of the illness or incapacity for labor,
there must be evidence of the length of that
period. Otherwise, the offense will only be
considered  as slight physical injuries
18. There is no incapacity if the injured party
could still engage in his work although less
effectively than before
19. Serious physical injuries is qualified when
the crime is committed against the same
persons enumerated in the article on
parricide or when it is attended by any of the
circumstances defining the crime of murder.
However, serious physical injuries resulting
from excessive chastisement by parents is
not qualified serious physical injuries
 C.   ELEMENTS OF ADMINISTERING
INJURIOUS SUBSTANCES OR
BEVERAGES: (264)
Elements:
– That the offender inflicted upon another person
any serious physical injury
– That it was done knowingly administering to
him any injurious substances or beverages or
by taking advantage of his weakness of mind
of credulity
– He had no intent to kill
Notes:
• It is frustrated murder when there is intent to kill
• Administering means introducing into the body
the substance, thus throwing of the acid in the
face is not contemplated.
D.   ELEMENTS OF LESS SERIOUS
PHYSICAL INJURIES: (265)
– That the offended party is incapacitated for labor for
10 days or more (but not more than 30 days), or needs
medical attendance for the same period of time
– That the physical injuries must not be those described
in the preceding articles
Notes:
• Circumstances qualifying the offense:
– when there is manifest intent to insult or
offend the injured person
– when there are circumstances adding
ignominy to the offense
– when the victim is either the offender’s
parents, ascendants, guardians, curators or
teachers
– when the victim is a person of rank or person
in authority, provided the crime is not direct
assault
– It falls under this article even if there was no
incapacity but the medical treatment was for
13 days
 E.   SLIGHT PHYSICAL INJURIES:
(266)
3 Kinds:
• That which incapacitated the offended party for labor
from 1-9 days or required medical attendance during the
same period
• That which did not prevent the offended party from
engaging in his habitual work or which did not require
medical attendance (ex. Black-eye)
• Ill-treatment of another by deed without causing any
injury (ex. slapping but without causing dishonor)
 F.    RAPE (ART 355)
• The Anti-Rape Law of 1997 (RA 8353) now
classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC to
be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a
woman under any of the following
circumstances:
a) through force, threat or intimidation
b) when the offended party is deprived of
reason or otherwise unconscious
• Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetua to DEATH when
a. victim became insane by reason or on the occasion
of rape
b. the rape is attempted and a homicide is committed
by reason or on the occasion thereof
3. DEATH when
a. homicide is committed
b. victim under 18 years and offender is:
• parent
• ascendant
• step-parent
• guardian
• relative by consanguinity or affinity
with the 3rd civil degree or
• common law spouse of parent of victim
c. under the custody of the police or military
authorities or any law enforcement or penal
institution
d. committed in full view of the spouse, parent or any
of the children or other relatives within the 3  degree
rd

of consanguinity
e. victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime
f. a child below 7 years old
g. offender knows he is afflicted with HIV or AIDS
or any other sexually transmissible disease and the
virus is transmitted to the victim
h. offender; member of the AFP, or para-military 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
i. victim suffered permanent physical mutilation or
disability
j. the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and
k. when the offender knew of the mental disability,
emotional disorder and/or physical handicap or the
offended party at the time of the commission of the
crime
• Rape committed under par 2 is punishable by:
1.    prision mayor
2.    prision mayor to reclusion temporal
– use of deadly weapon or
– by two or more persons
• reclusion temporal – when the victim has become insane
• reclusion temporal to reclusion pepetua – rape is
attempted and homicide is committed
• reclusion perpetua – homicide is committed by reason or
on occasion of rape
• reclusion temporal – committed with any of the 10
aggravating circumstances mentioned above
Notes:
• The underscored words are the amendments
provided by RA 8353
• Dividing age in rape:
– less than 7 yrs old, mandatory death
– less than 12 yrs old, statutory rape
– less than 18 yrs old and there is
relationship (e.g. parent etc); mandatory
death
 TITLE TEN
CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL:
(293)
• That there be personal property belonging to
another.
• That there is unlawful taking of that property.
• That the taking must be with intent to gain, and
• That there is violence against or intimidation of
any person, or force upon anything.
Notes:
1. Belonging to another – person from whom property was
taken need not be the owner, legal possession is
sufficient
2. Name of the real owner is not essential so long as the
personal property taken does not belong to the accused
except if crime is robbery with homicide
3. Taking of personal property – must be unlawful; if
given in trust – estafa
4. As to robbery with violence or intimidation – from the
moment the offender gains possession of the thing even
if offender has had no opportunity to dispose of the
same, the unlawful taking is complete
5. As to robbery with force upon things – thing must
be taken out of the building
6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or
ownership
8. When there’s no intent to gain but there is
violence in the taking – grave coercion
9. Violence or intimidation must be against the
person of the offended party, not upon the thing
10.General rule: violence or intimidation must be
present before the “taking” is complete
11. Except: when violence results in – homicide,
rape, intentional mutilation or any of the serious
physical injuries in par 1 and 2 of art 263, the
taking of the property is robbery complexed with
any of these crimes under art 294, even if taking is
already complete when violence was used by the
offender
12. Use of force upon things – entrance to the
building by means described in arts 299 and 302
(offender must enter)
13. When both violence or intimidation and force
upon things concur – it is robbery with violence
 A.   ELEMENTS OF ROBBERY WITH
VIOLENCE AGAINST OR
INTIMIDATION OF PERSON: (294)
• Acts punished as robbery with violence against or
intimidation of persons
• By reason or on occasion of the robbery, the
following are committed:
1. homicide
2. robbery accompanied with rape or intentional
mutilation, SPI – insane, imbecile, impotent or
blind
3. SPI – lost the use of speech, hear, smell, eye,
hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to
a degree clearly unnecessary for the crime or
when in the cause of its execution –
SPI/deformity, or shall have lost any part of the
body or the use thereof or shall have been ill or
incapacitated for the performance of the work
for > 90 days; > 30 days
5. Any kind of robbery with less serious physical
injuries or slight physical injuries
Notes:
1. special complex crimes (specific penalties
prescribed)
a. robbery with homicide – if original design is robbery
and homicide is committed – robbery with homicide
even though homicide precedes the robbery by an
appreciable time. If original design is not robbery
but robbery was committed after homicide as an
afterthought – 2 separate offenses. Still robbery with
homicide – if the person killed was an innocent
bystander and not the person robbed and if death
supervened by mere accident.
b. robbery with rape – intent to commit robbery
must precede rape. Prosecution of the crime
need not be by offended party – fiscal can
sign the information. When rape and
homicide co-exist, rape should be considered
as aggravating only and the crime is still
robbery with homicide
c. robbery with intimidation – acts done by the
accused which by their own nature or by
reason of the circumstances inspire fear in the
person against whom they are directed
d. qualifying circumstances in robbery with violence or
intimidation of persons, if any of the offenses defined
in subdivisions 3, 4 and 5 of Art 294 is committed:
• in an uninhabited place or
• by a band or
• by attacking a moving train, street car, motor vehicle
or airship, or
• by entering the passenger’s compartments in a train,
or in any manner taking the passengers thereof by
surprise in the respective conveyances, or
• on a street, road, highway or alley and the
intimidation is made with the use of firearms, the
offender shall be punished by the max period of the
proper penalties prescribed in art 294
 B.   QUALIFIED ROBBERY WITH
VIOLENCE OR INTIMIDATION
(295)
Notes:
• Must be alleged in the information
• Can’t be offset by generic
mitigating
• Art 295 will not apply to: robbery
w/ homicide, rape or SPI under par
1 of art 263
 M. ELEMENTS OF FALSE KEYS:
(305)
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for
use in the lock forcibly opened by the offender
Notes:
• Possession of false keys here not punishable
• If key was entrusted and used to steal, not
robbery (not stolen)
 III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of
the owner.
5. That the taking be accomplished without the use
of violence against or intimidation of persons or
force upon things.
Persons liable:
a)    with intent to gain
b)    but without violence against or intimidation of
persons not force upon things
c)    take personal property of another without the latter’s
consent
Those who
a)    having found lost property
b)    fail to deliver the same to local authorities or its
owner
Notes:
• Retention of money/property found is theft.
Retention is failure to return (intent to gain)
• Knowledge of owner is not required, knowledge
of loss is enough
• Finder in law is liable
• Those who
a)    after having maliciously damaged the
property of another
b)    remove or make use of the fruits or object of
the damage caused by them
Additional Notes:
1. Theft is consummated when offender is able to place the
thing taken under his control and in such a situation as he
could disclose of it at once (though no opportunity to
dispose) i.e, the control test
2. P v. Dino – applies only in theft of bulky goods (meaning
there has to be capacity to dispose of the things).
Otherwise, P v. Espiritu – full possession is enough
3. Servant using car without permission deemed qualified theft
though use was temporary
4. Reyes says: there must be some character of permanency in
depriving owner of the use of the object and making himself
the owner, therefore must exclude “joyride”
Additional Notes:
5. accused, it is actually taken by him (no intent to
return) e.g. felonious conversion. But it is estafa
if juridical possession is transferred e.g., by
contract of bailment
6. Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior
to this, taking of Php is theft
Additional Notes:
9. If offender claims property as his own (in good
faith) – not theft (though later found to be
untrue. If in bad faith – theft)
10.Gain is not just Php – satisfaction, use, pleasure
desired, any benefit (e.g. joyride)
11.Actual gain is not necessary (intent to gain
necessary)
12.Allege lack of consent in info is important
 D. ELEMENTS OF QUALIFIED
THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
motor vehicle
mail matter
large cattle
coconut from plantation
fish from fishpond or fishery, or
On occasion of calamities and civil disturbance.
Notes:
1. “grave abuse” – high degree of confidence e.g.
guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical
possession
4. qualified: if done by one who has access to place
where stolen property is kept e.g., guards, tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
 VI. SWINDLING AND OTHER
DECEITS
A.   ELEMENTS OF ESTAFA IN GENERAL:
(315)
• That the accused defrauded another (a.) by abuse
of confidence, or (b) or means of deceit and
• That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
person
 VI. SWINDLING AND OTHER
DECEITS
B. ELEMENTS OF ESTAFA WITH
UNFAITHFULNESS: (315)
• That the offender has an onerous obligation to
deliver something of value.
• That he alters its substance, quantity, or quality.
• That damage or prejudice is caused to another.
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT:
(315)
1. that there must be a false pretense, fraudulent means
must be made or executed prior to or
2. That such false pretense, fraudulent act or fraudulent
means must be made or executed prior to or
simultaneously with the commission of the fraud.
3. That the offended party must have relied on the false
pretense, fraudulent act, or fraudulent means, that is, he
was induced to part with his money or property because
of the false pretense, fraudulent act, or fraudulent
means.
4. That as a result thereof, the offended party suffered
damage.
Notes:
• False pretenses or fraudulent acts – executed
prior to or simultaneously with delivery of
the thing by the complainant
• There must be evidence that the pretense of
the accused that he possesses
power/influence is false.
 R. ELEMENTS OF SWINDLING A
MINOR: (317)
• That the offender takes advantage of the
inexperience or emotions or feelings of a minor.
• That he induces such minor (a) ro assume an
obligation, or (b) to give release, or (c) to execute
a transfer of any property right.
• That the consideration is (a) some loan of money
(b) credit or (c) other personal property.
• That the transaction is to the detriment of such
minor.
 S. ELEMENTS OF OTHER DECEITS:
(318)
1. not mentioned above;
2. interpretation of dreams, forecast,
future-telling for profit or gain.
 IX. MALICIOUS MISCHIEF
A. ELEMENTS OF MALICIOUS
MISCHIEF: (326)
• That the offender deliberately caused
damage to the property of another.
• That such act does not constitute arson or
other crimes involving destruction.
• That the act damaging another’s property be
committed merely for the sake of damaging
it.
Notes:
• Malicious mischief – willful damaging of
another’s property for the sake of causing damage
due to hate, revenge or other evil motive
• No negligence
• Example. Killing the cow as revenge
• If no malice – only civil liability
• Damage is also diminution in value
• But after damaging the thing, he used it = theft
• Damage is not incident of a crime (breaking
windows in robbery)
 B. SPECIAL CASES OF MALICIOUS
MISCHIEF: (328)
• Obstruct performance of public functions.
• Using poisonous or corrosive substances.
• Spreading infection or contagious among
cattle.
• Damage to property of national museum or
library, archive, registry, waterworks, road,
promenade, or any other thing ised in
common by the public.
C. ELEMENTS OF OTHER MISCHIEF:
(329)
• Not included in 328
• scattering human excrement
• killing of cow as an act of revenge
 F. ELEMENTS OF EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY: (332)
Persons exempt from criminal liability:
• Spouse, ascendants and descendants or
relatives by affinity in the same line
• The widowed spouse with respect to the
property w/c belonged to the deceased spouse
before the same passed into the possession of
another
• Brothers and sisters and brothers-in-law and
sisters-in-law, if living together
Offenses involved in the exemption:
• Theft
• Swindling
• Malicious mischief
Notes:
• Exemption is based on family relations
• Parties to the crime not related to the offended
party still remains criminally liable
• Persons exempt include:
stepfather/mother (ascendants by affinity)
adopted children (descendants)
concubine/paramour (spouse)
common law spouse (propert is part of their
earnings)