REVISED PENAL CODE BOOK

2
(AN OVERVIEW)
JUDGE JACINTO M. DELA CRUZ JR.
Presiding Judge, RTC Branch 33, Bauang, La Union
Former Director, Prosecution Bureau VIII
Office of the Special Prosecutor (Ombudsman)
Former Trial Prosecutor, Sandiganbayan

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 *******

CRIMES
AGAINST
NATIONAL
SECURITY
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 Why are the CRIMES AGAINST NATIONAL SECURITY
classified as such?

Crimes against national

security are acts that tend
to undermine the security
and very existence of the
state.
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 What are the crimes against national security?

1) Treason
2) Misprision of Treason
3) Espionage
4) Inciting to war or giving motives for reprisals
5) Correspondence with hostile country
6) Flight to enemy country
7) Piracy

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 What is TREASON?

.This is an act of levying war against the Philippines or

adheres to her enemies, giving them aid or comfort within
the country or elsewhere (Article 114, RPC).

.It has been held that the crime of treason may be

committed either a single or similar intentional overt acts,
different or similar but distinct, and for that reason, it
may be considered one single continuous offense (Article
129, RPC)

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 What is MISPRISION OF TREASON ?

This act makes the perpetrator an accessory

to the crime of treason whereby the
perpetrator, who is not a foreigner (Filipino)
and owes allegiance to the country, conceals
or fails to disclose within the soonest possible
time to local authorities knowledge or
information regarding any conspiracy against
government (Article 116, RPC).

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 What is ESPIONAGE?

This is an act which involves the

procurement of sensitive and
confidential data or information
relative to the defense of the country
and discloses the same to a foreign
government (Article 117, RPC).

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 What is INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS?

It is any unlawful or unauthorized

acts which provokes or gives
occasion for a war involving or liable
to involve the Philippines or exposes
Filipinos to reprisals on their
persons or property (Article 118,
RPC) .
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 What is the felony of CORRESPONDENCE WITH HOSTILE
COUNTRY?

This involves any person, who in times

of war, in which the Philippines is
involved, makes correspondence with an
enemy country or territory occupied by
enemy troops when such correspondence
is prohibited by the Government or
contains information which might be
useful to the enemy.
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 What is the felony of
FLIGHT TO ENEMY’S COUNTRY ?

Another wartime crime

whereby a person owing
allegiance to the Philippines
attempts to flee or go to an
enemy country when prohibited
from doing so.
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 What is the felony of PIRACY ?

.This is where a person, on the high seas

or in Philippine waters, shall attack or
seize a vessel or, not being a member of
its complement nor a passenger, shall
seize in whole or part of the cargo of said
vessel, its equipment, or personal
belongings of its complement or
passengers (Art.123,RPC)
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 What is the felony of QUALIFIED PIRACY?

It is a piracy which involves the following additional

circumstances:

1) Whenever they have seized a vessel by boarding or firing

upon the same:
2) Whenever the pirates have abandoned their victims
without means of saving themselves; or
3) Whenever the crime is accompanied by murder, homicide,
physical injuries or rape (Article 123, RPC)

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CRIMES AGAINST
THE FUNDAMENTAL
LAWS OF THE
STATE
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 What are the CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE?

1) Arbitrary Detention
2) Delay in the Delivery of detained persons
3) Delaying Release
4) Expulsion
5) Violation of Domicile
6) Search Warrants Maliciously obtained
7) Searching Domicile without witnesses
8) Prohibition, interruption and dissolution of peaceful
meetings
9) Interruption of religious worship
10) Offending religious feelings
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 What is the crime of
ARBITRARY DETENTION?

.This involves the detention of a person by any public officer

or employee without any legal grounds (US vs. Batallones, 23
Phil.46)

. Arbitrary Detention is committed by a public officer who

without legal grounds, detains a person.

.Elements: 1) The offender is a public officer or employee; 2)

He detains a person; 3) The detention is without legal
grounds.

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 What is the crime of DELAY IN THE DELIVERY OF
DETAINED PERSONS?

.This is the failure of a public officer or

employee entrusted with the custody of a
detained person to deliver the same
before the proper judicial authorities
within the prescribed time period (12
hours for light penalties; 18 hours
correctional penalties & 36 hours capital
penalties).
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 What is the crime of DELAYING RELEASE?

.Itinvolves the delay by a public

officer or employee in the release
of a prisoner or a detention
prisoner as specified in a judicial
or executive order or delays the
service of such notice to said
prisoner.
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 What is the crime of EXPULSION?

.It is any act by any public

officer or employee, without
any legal authority to do so,
who shall expel any person
from the country or compel a
person to change residence.
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 What is the crime of
VIOLATION OF DOMICILE ?

.This is committed by any

public officer or employee
who is not authorized by a
judicial order to enter a
dwelling or make a search
therein.
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 What is the crime of SEARCH WARRANTS MALICIOUSLY
OBTAINED?

.This is the procurement of a

search warrant without just
cause or having secured a
search warrant with just cause
exceeds his authority or uses
unnecessary severity in
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executing the same.
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 What is the crime of SEARCHING DOMICILE WITHOUT
WITNESSES?

.It is committed by any public officer

or employee who, through the use of
a valid search warrant, conducts
such search without the presence of
the owner or any member of the
family or any two witnesses residing
in the locality.
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 What is the crime of PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL MEETINGS?

.This is done by prohibiting or interrupting,

without just cause, the holding of a peaceful
meeting; by obstructing anyone from joining
in said activity; by prohibiting any person
from addressing, either alone or with others,
any petition to the authorities for the
correction of abuses or redress of
grievances.

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 What is the crime of
INTERRUPTION OF RELIGIOUS WORSHIP?

.This is committed by any

public officer or employee,
who prevents, disturbs or
interrupts any religious
ceremony.
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CRIMES
AGAINST
PUBLIC
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ORDER
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 What are the
CRIMES AGAINST PUBLIC ORDER?
1) Rebellion or insurrection
2) Coup d’etat
3) Disloyalty of public officers and employees
4) Inciting to rebellion or insurrection
5) Sedition
6) Inciting to sedition
7) Acts tending to prevent the meeting of Congress and any other similar
bodies
8) Illegal Assemblies
9) Illegal Associations
10) Direct Assault
11) Indirect Assault
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 What is the crime of REBELLION OR INSURRECTION?

.It is done through publicly taking arms

against the government with the intent of
removing allegiance to said government or its
laws, the territory of the country or any part
thereof or any body of land, naval or other
armed forces; or to deprive the President or
the Legislature, either wholly or partially, of
any of their powers or prerogatives.

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 What is the crime of COUP D’ETAT?

.It is added by RA 6968, it is a swift attack accompanied by

violence, intimidation, threat, strategy or stealth, directed
against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation,
communications networks, public utilities or other facilities
needed for the exercise and continued possession of power,
singly or simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to the
military or police or holding any public office or
employment, with or without civilian support or
participation for the purpose of seizing or diminishing state
power.
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 What is the crime of DISLOYALTY OF PUBLIC OFFICERS
AND EMPLOYEES?

.It is committed by those who belong to

the public service, who failed to resist a
rebellion by all means in their power, or
shall continue to discharged the duties of
their office under the control of the
rebels or shall accept appointment to
office under them.

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 What is the crime of INCITING TO REBELLION OR
INSURRECTION?

.It is committed by any person who,

without taking arms or being in open
hostility against the government, but
through speeches, proclamations,
writings, emblems, banners or other
representation, would incite others to
commit acts constituting rebellion or
insurrection.
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 What is the crime of SEDITION?

.It is committed by persons who rise publicly and

tumultuously in order to attain by force, intimidation, or by
other means outside of legal methods in order to effect the
following: (a)prevent the promulgation or execution of laws
or the holding of any election; (b) prevent the government or
any of its public officers to exercise their functions; (c) inflict
any act of hate or revenge upon the person or property of any
public officer or employee or any private persons or any
social class; and (d) despoil the property of the government
for political or social ends.

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 What is the crime of INCITING TO SEDITION?

.It is committed by any

person who, without
taking any direct part in
the crime of sedition,
should incite others.
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 What is the crime of ACTS TENDING TO PREVENT THE
MEETING OF CONGRESS AND SIMILAR BODIES?

.It is committed by any person who, by

force or fraud, prevents the meeting of
Congress or any of its committees or
subcommittees, constitutional
commissions or its committees or
divisions, or of any legislative body of
any local government unit.

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 What is the crime of ILLEGAL ASSEMBLIES?

.It is committed by organizers or leaders of

any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under this Code, or of any
meeting in which the audience is incited to the
commission of the crime of treason, rebellion
or insurrection, sedition or assault upon a
person in authority or his agents.

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 What is the crime of ILLEGAL ASSOCIATIONS?

.It is committed by founders,

directors, and presidents of
associations totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Revised Penal
Code or for some purpose contrary to
public morals.
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 What is the crime of DIRECT ASSAULT?

.It is committed by any person or persons who, without a

public uprising, shall employ force or intimidation for the
attainment of any of the purposes enumerated in the defining
the crimes of rebellion and sedition, or shall attack, employ
force, or seriously intimidate or resist any person in authority
or any of his agents, while engaged in the performance of
official duties, or on occasion of such performance; or when
the assault is committed with a weapon or when the offender
is a public officer or employee, or when the offender lays
hands upon a person in authority.

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 What is the crime of INDIRECT ASSAULT?

.Any person who shall make use of

force or intimidation upon any
person coming to the aid of the
authorities or their agents on
occasion of the commission of any of
the crimes defined in the crime of
direct assault.
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CRIMES
AGAINST
PUBLIC
INTEREST
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 Why are these crimes called crimes against public interest?

>A cursory examination of the crimes

enumerated under this particular section
deals with acts that tend to compromise or
undermine the pecuniary interest of the state.
Note however that the crimes under this
section do not only pertain to pecuniary
interest but also to acts that tend to weaken
the public’s confidence in governmental
institutions.
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 What are the crimes against
PUBLIC INTEREST?

1) Mutilation of coins; Importation and utterance of mutilated coins;

2) Selling of false or mutilated coins, without connivance;
3) Counterfeiting, importing and uttering instruments not payable to
bearer;
4) Falsification of legislative documents;
5) Using falsified documents;
6) Usurpation of authority or official functions;
7) Using fictitious name and concealing true name;
8) Illegal use of uniforms or insignia;
9) False testimony in other cases and perjury in solemn affirmation;
10) Offering false testimony in evidence.
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 What is the crime of MUTILATION OF COINS;
IMPORTATION AND UTTERANCE OF MUTILATED COINS?

.Any person who shall mutilate

coins of the legal currency of the
Philippines or import or utter
mutilated current coins, or in
connivance with mutilators or
importers.

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 What is the crime of SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE?

.It is committed by any person

who knowingly, although
without the connivance, shall
possess false or mutilated coin
with intent to utter the same,
or shall actually utter such
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coin.
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 What is the crime of COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER?

.Any person who shall forge,

import or utter, in connivance
with the forgers or importers,
any instrument payable to order
or other document of credit not
payable to bearer.

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 What is the crime of FALSIFICATION OF LEGISLATIVE
DOCUMENTS?

.It is when any person who, without

proper authority, alters any bill,
resolution, or ordinance enacted or
approved or pending approval by
either House of the Legislature or
any provincial board or municipal
council.
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 What is the crime of
USING FALSIFIED CERTIFICATES?

.It is committed by any

person who knowingly
shall make use of
certificates that have been
falsified or altered.
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 What is the crime of USING FICTITIOUS NAME AND
CONCEALING TRUE NAME?

.It is when any person who

shall publicly use a fictitious
name for the purpose of
concealing a crime, evading
the execution of a judgment or
causing damage.
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 What is the crime of ILLEGAL USE OF UNIFORMS OR
INSIGNIA?

.Any person who shall

publicly and improperly use of
insignia, uniforms or dress
pertaining to an office not held
by such person or to a class of
persons of which he is not a
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member.
jacintomdelacruzjr.
 What is the crime of FALSE TESTIMONY IN OTHER CASES
AND PERJURY IN SOLEMN AFFIRMATION?

.Any person, who knowingly makes

untruthful statements and not being
included in the provisions of the next
preceding articles, shall testify under oath,
or make an affidavit, upon any material
matter before a competent person
authorized to administer an oath in cases in
which the law so requires.

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 What is the crime of
OFFERING FALSE TESTIMONY IN EVIDENCE?

.Any person who shall

knowingly offer in
evidence a false witness
or testimony in any
judicial or official
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proceeding.
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 What is the crime of USURPATION OF AUTHORITY OR
OFFICIAL FUNCTIONS?

.Any person who shall knowingly and falsely

represent himself to be an officer, agent or
representative of any department or agency of the
Philippine government or of any foreign
government, or who, under pretense of official
position, shall perform any act pertaining to any
person in authority or public officer of the
Philippine Government or any foreign government,
or any agency thereof, without being lawfully
entitled to do so.

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CRIMES AGAINST
PUBLIC MORALS

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 What are some of the crimes against
PUBLIC MORALS?

1) Grave Scandal
2) Vagrancy
3) Prostitution
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 What is the crime of VAGRANCY?

>The RPC provides for an enumeration in defining the

nature of vagrancy as follows: (a) 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; (b) 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; (c) any idle or dissolute person who lodges in houses
of ill fame as well as ruffians or pimps and those who
habitually associate with prostitutes; and (d) any person
found loitering in any inhabited or uninhabited place
belonging to another without any lawful or justifiable
purpose.
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 What is the crime of PROSTITUTION?

.It is committed by
persons who, for money
or profit, habitually
indulge in sexual
intercourse or lascivious
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conduct.
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 What is the crime of GRAVE SCANDAL?

.This is committed by any person

who shall offend against decency
or good customs by any highly
scandalous conduct not expressly
falling within any article of the
Revised Penal Code.

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CRIMES
COMMITTED
BY PUBLIC
OFFICERS
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 What are the crimes committed by
PUBLIC OFFICERS ?

1) Direct Bribery
2) Indirect Bribery
3) Corruption of public officials
4) Open Disobedience
5) Disobedience to order of superior officers, when said order was suspended by
inferior officer
6) Refusal of assistance
7) Refusal to discharge elective office
8) Maltreatment of prisoners
9) Abandonment of office or position
10) Usurpation of legislative powers
11) Usurpation of executive functions
12) Usurpation of judicial functions
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 What is the crime of DIRECT BRIBERY?

.Any public officer who shall agree

to perform an act constituting a
crime, in connection with the
performance of his official duties, in
consideration of any offer, promise,
gift or present received by such
officer, personally or through the
mediation of another.
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 What is the crime of INDIRECT BRIBERY?

.Any public officer

who shall accept gifts
offered to him by
reason of his office.
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 What is the crime of
CORRUPTION OF PUBLIC OFFICIALS?

.Any person who shall have

made the offers or
promises or given the gifts
or presents in the
commission of direct or
indirect bribery.
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 What is the crime of OPEN DISOBEDIENCE?

.Any judicial or executive officer who

shall openly refuse to execute the
judgment, decision or order of any
superior authority made within the
scope of the jurisdiction of the latter
and issued with all the legal
formalities.

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 What is the crime of DISOBEDIENCE TO ORDER OF SUPERIOR OFFICERS
WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER?

.Any public officer who, having

for any reason suspended the
execution of the orders of his
superiors, shall disobey such
superiors after the latter have
disapproved the suspension.

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 What is the crime of
REFUSAL OF ASSISTANCE?

.Any public officer who, upon

demand from competent authority,
shall fail to lend his cooperation
towards the administration of justice
or other public service, if such
failure shall result in serious damage
to the public interest, or to a third
party.
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 What is the crime of
REFUSAL TO DISCHARGE ELECTIVE OFFICE?

.Any person who, having been

elected by popular election to
a public office, shall refuse
without legal motive to be
sworn in or to discharge the
duties of said office.
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 What is the crime of
MALTREATMENT OF PRISONERS?

.Any public officer or employee who

shall overdo himself in the correction or
handling of a prisoner or detention
prisoner under his charge, by the
imposition of punishment not authorized
by the regulations, or by inflicting such
punishment in a cruel and humiliating
manner.
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 What is the crime of
ABANDONMENT OF OFFICE OR POSITION?

.Any public officer who,

before the acceptance of
his resignation, shall
abandon his office to the
detriment of the public
service.
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 What is the crime of USURPATION OF LEGISLATIVE
POWERS?

.Any public officer who shall

encroach upon the powers of the
legislative branch of the
government, either by making
general rules or regulations beyond
the scope of his authority, or by
attempting to repeal a law or
suspending the execution thereof.
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 What is the crime of
USURPATION OF EXECUTIVE FUNCTIONS?

.Any judge who shall assume

any power pertaining to the
executive authorities, or shall
obstruct the latter in the
lawful exercise of their
powers.
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 What is the crime of
USURPATION OF JUDICIAL FUNCTIONS?

.Any officer of the executive

branch of the Government who
shall assume judicial powers or
shall obstruct the execution of
any order or decision rendered
by any judge within its
jurisdiction.
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CRIMES
AGAINST
PERSONS
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 What are the CRIMES AGAINST PERSONS?
1) Parricide
2) Death or physical injuries under exceptional circumstances
3) Murder
4) Homicide
5) Death caused in a tumultuous affray
6) Physical injuries inflicted in a tumultuous affray
7) Giving assistance to suicide
8) Discharge of firearms
9) Infanticide 14) Rape
10) Intentional Abortion
11) Unintentional Abortion
12) Mutilation
13) Administering injurious substances or beverages
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 What is the crime of PARRICIDE?

.Any person who shall kill his

father, mother, or child,
whether legitimate or
illegitimate, or any of his
ascendants, or descendants, or
his spouse.
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 What is the crime of DEATH OR PHYSICAL INJURIES
UNDER EXCEPTIONAL CIRCUMSTANCE?

.Any legally married person who

having surprised his spouse in the
act of committing sexual intercourse
with another person, shall kill any of
them or both of them in the act or
immediately thereafter, or shall
inflict upon them any serious
physical injury.
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 What is the crime of MURDER?

.This is defined as the unlawful

killing of any person when
qualified by any of circumstances
listed under Article 248 of the
Revised Penal Code, among
which is alevosia.

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 What is the crime of HOMICIDE?

.Any person who shall kill

another without the
attendance of any of the
aggravating circumstances
that would qualify the crime
into murder.
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 What is the crime of
DEATH CAUSED IN A TUMULTUOUS AFFRAY?

.This is committed when, by several persons, not composing

groups organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the
course of the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the person
or persons who inflicted serious physical injuries can be
identified.

.It is a quarrel which occurs between several persons who

engage in a confused and tumultuous affray, in the course of
which some person is killed or wounded and the author
thereof cannot be ascertained (US vs. Tandoc, 40 Phil. 957)
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 What is the crime of PHYSICAL INJURIES INFLICTED IN
A TUMULTUOUS AFFRAY?

.It is committed when in a

tumultuous affray, only
serious physical injuries are
inflicted upon the participants
thereof and the person
responsible thereof cannot be
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identified.
jacintomdelacruzjr.
 What is the crime of
GIVING ASSISTANCE TO SUICIDE?

.Committed by any person

who shall assist another to
commit suicide or if such
person lends his assistance to
another to the extent of doing
the killing himself.
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 What is the crime of
DISCHARGE OF FIREARMS?

.Committed by any
person who shall
shoot at another
with any firearm.
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 What is the crime of INFANTICIDE?

.It is committed by
any person who shall
kill any child less than
3 days of age.
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 What is the crime of
INTENTIONAL ABORTION ?

.Committed by any
person who shall
intentionally cause
an abortion.
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 What is the crime of
UNINTENTIONAL ABORTION?

It is committed by any person who shall cause an abortion by

violence, but unintentionally.
Elements:
1) There is a pregnant woman;
2) Violence is used upon such pregnant woman without intending
an abortion;
3) The violence is intentionally exerted;
4) As a result of the violence the fetus dies, either in the womb or
after having been expelled therefrom (People vs. Salufrania, G.R.
No. L-50884, March 30, 1988)

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 What is the crime of MUTILATION?

.Committed by any person

who shall intentionally
mutilate another by depriving
him, either totally or partially,
or some essential organ of
reproduction.
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 What is the crime of ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES?

.It is done by any person who,

without intent to kill, shall inflict
upon another any serious physical
injury, by knowingly administering
to him any injurious substance or
beverages or by taking advantage
his weakness of mind or credulity.
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 What is the crime of RAPE?

.This is the act of

attempting or having
sexual intercourse with
a woman by force or
intimidation.
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 ******

CRIMES AGAINST
PERSONAL
LIBERTY AND
SECURITY
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 What are the crimes against
PERSONAL LIBERTY AND SECURITY?

1) Kidnapping and serious illegal detention;

2) Unlawful Arrest
3) Kidnapping and failure to return a minor
4) Qualified trespass to dwelling
5) Grave threats
6) Light threats
7) Grave coercion
8) Light coercion
9) Discovering secrets through seizure of correspondence
10) Revealing secrets with abuse of office
11) Revelation of industrial secrets
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 What is the crime of KIDNAPING AND SERIOUS ILLEGAL
DETENTION?

.The gist of the crime is “not the forcible

or secret confinement, imprisonment,
inveiglement, or kidnapping without
lawful authority, but the felonious act of
so doing with intent to hold for ransom
the person so kidnapped, confined,
imprisoned, etc.
87 jacintomdelacruzjr.
 What is the crime of UNLAWFUL ARREST?

.Any person who, in any case

other than those authorized by
law, or without reasonable
ground therefor, shall arrest or
detain another for the purpose of
delivering him to proper
authorities.
88 jacintomdelacruzjr.
 What is the crime of
QUALIFIED TRESPASS TO DWELLING?

.Person who shall

enter the dwelling of
another against the
latter’s will.
89 jacintomdelacruzjr.
 What is the crime of GRAVE THREATS?

.Any person who shall

threaten another with the
infliction upon the person,
honor, property of the latter
or of his family of any wrong
amounting to a crime.
90 jacintomdelacruzjr.
 What is the crime of LIGHT THREATS?

.Any threat to
commit a wrong not
constituting a crime.

91 jacintomdelacruzjr.
 What is the crime of GRAVE COERCION?

.Committed when a person prevents

another from doing something not
prohibited by law or compelling him to
do something against his will, whether it
be right or wrong, and without any
authority of law, by means of violence,
threats or intimidation (People vs.
Santos, G.R. No. 140074, 27 February
92
2002)
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 What is the crime of LIGHT COERCION?

.Any person who, by means of

violence, shall seize anything
belonging to his debtor for the
purpose of applying the same
to the payment of the debt.

93 jacintomdelacruzjr.
 What is the crime of DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE?

.Any private individual

who in order to discover
the secrets of another, shall
seize his papers or letters
and reveal the contents
thereof.
94 jacintomdelacruzjr.
 What is the crime of REVEALING SECRETS WITH ABUSE
OF OFFICE?

.Any manager, employee, or

servant who, in such capacity,
shall learn the secrets of his
principal or master and shall
reveal such secrets.

95 jacintomdelacruzjr.
 What is the crime of
REVELATION OF INDUSTRIAL SECRETS?

.Any person in charge, employee

or workman of any manufacturing
or industrial establishment who, to
the prejudice of the owner thereof,
shall reveal the secrets of the
industry of the latter.

96 jacintomdelacruzjr.
 What is the crime of KIDNAPPING AND FAILURE TO
RETURN A MINOR?

.This felony has two essential

elements: (1) The offender is
entrusted with the custody of a minor
person; and (2) the offender
deliberately fails to restore the said
minor to his parents or guardians
(People vs. Bondoc, 232 SCRA 478)

97 jacintomdelacruzjr.
 **********

CRIMES
AGAINST
PROPERTY
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 What are the CRIMES AGAINST PROPERTY?

1) Robbery
2) Illegal Possession of Picklocks or similar tools
3) Theft
4) Qualified Theft
5) Occupation of real Property or Usurpation of real rights
in property
6) Altering Boundaries or Landmarks
7) Malicious Mischief

99 jacintomdelacruzjr.
 What is the crime of ROBBERY?

.It is committed by any person who,

with intent to gain, shall take any
personal property belonging to
another, by means of violence or
intimidation of any person, or using
force upon anything shall be guilty
of robbery.
100 jacintomdelacruzjr.
 What are the ELEMENTS OF ROBBERY?

1) There be personal property belonging to

another;
2) There is unlawful taking of that property;
3) The taking is with intent to gain;
4) There is violence against or intimidation or
persons or force upon things (People vs.
Puloc, 202 SCRA 179; People vs. Sandoval,
254 SCRA 436)

101 jacintomdelacruzjr.
 What are the CLASSES OF ROBBERY?

1) Robbery with homicide

2) Robbery with rape
3) Robbery with physical injuries
4) Robbery committed with unnecessary violence or
with physical injuries
5) Robbery in other cases or simple robbery.

1 to 4 involve the use of violence against persons.

No.5 involved intimidation.
102 jacintomdelacruzjr.
 What is the crime of ILLEGAL POSSESSION OF
PICKLOCKS OR SIMILAR TOOLS?

.Committed by any person

who shall without lawful cause
have in his possession
picklocks or similar tools
especially adapted to the
commission of the crime of
103
robbery.
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 What is the crime of THEFT?

.It is committed by any person

who, with intent to gain but
without violence against or
intimidation of persons nor force
upon things, shall take personal
property of another without the
latter’s consent.
104 jacintomdelacruzjr.
 What are the
ESSENTIAL ELEMENTS OF THEFT?

1) The taking of personal property

2) The property belongs to another;
3) The taking away was done with intent to
gain;
4) The taking away was done without the
consent of the owner; and
5) The taking away is accomplished without
violence or intimidation against the person or
force upon
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things.
105
 What is the crime of QUALIFIED THEFT?

.Itis committed by a (1) domestic servant, or (2)

with grave abuse of confidence, or (3) if the
property stolen is a motor vehicle, mail matter
or large cattle or (4) consists of coconuts taken
from the premises of the plantation or fish taken
from a fishpond or fishery, or (5) if property is
taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.

106 jacintomdelacruzjr.
 What is the crime of OCCUPATION OF REAL PROPERTY
OR USURPATION OF REAL RIGHTS IN PROPERTY?

.Committed by any person who, by

means of violence against or intimidation
of persons, shall take possession of any
real property or shall usurp any real
rights in property belonging to another,
in addition to the penalty incurred for
the acts of violence executed by him.

107 jacintomdelacruzjr.
 What is the crime of
ALTERING BOUNDARIES OR LANDMARKS?

.Committed by any person who shall alter

the boundary marks or monuments of
towns, provinces, or estates, or any other
marks intended to designate the
boundaries of the same. Boundaries
define a parcel of land as enclosing the
land and indicating its limits.

108 jacintomdelacruzjr.
 What is the crime of MALICIOUS MISCHIEF?

.Committed by any
person who shall
deliberately cause
damage to the property
of another.
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 *********

CRIMES
AGAINST
CHASTITY
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 What are the crimes AGAINST CHASTITY?

1) Adultery
2) Concubinage
3) Acts of Lasciviousness
4) Qualified Seduction
5) Simple Seduction
6) Forcible Abduction
7) Consented Abduction

111 jacintomdelacruzjr.
 What is the crime of ADULTERY?

.Committed by any married woman

who shall have sexual intercourse
with a man not her husband and by
the man who has carnal knowledge
of a woman knowing her to be
married, even if the marriage be
subsequently declared.
112 jacintomdelacruzjr.
 What is the crime of CONCUBINAGE?

.Committed by any husband who

shall keep a mistress in the conjugal
dwelling, or shall have sexual
intercourse, under scandalous
circumstances, with a woman who is
not his wife, or shall cohabit with
her in any other place.
113 jacintomdelacruzjr.
 What are the elements of concubinage?

1) That the man must be married;

2) That he committed any of the following acts:
a) Keeping a mistress in the conjugal dwelling;
b) Having sexual intercourse under scandalous circumstances with a woman
not his wife;
c) Cohabiting with her in any other place; and
3) That as regards the woman she must know him to be married
(People vs. Ducusin, 28 August 1991).

114 jacintomdelacruzjr.
 What is the crime of
ACTS OF LACIVIOUSNESS?

The elements of this act are:

(1) That the offender commits any act of
lasciviousness or lewdness;
(2) That it is done by using force or intimidation
or when the offended party is deprived of
reason or otherwise unconscious or when the
offended party is under 12 years of age (People
vs. Caingat, G.R. No. 137963, 6 February 2002)

115 jacintomdelacruzjr.
 What is the crime of QUALIFIED SEDUCTION?

.It is the seduction of a virgin over 12 years

and under 18 years of age, committed by
any person in public authority, priest,
home-servant, domestic, guardian, teacher,
or any person who, in any capacity, shall
be entrusted with the education or custody
of the woman seduced.

116 jacintomdelacruzjr.
 What is the crime of SIMPLE SEDUCTION?

.It is the seduction of a woman

who is single or a widow of
good reputation, over 12 but
under 18 years of age,
committed by means of deceit.

117 jacintomdelacruzjr.
 What is the crime FORCIBLE ABDUCTION?

.Abduction of any
woman against her
will and with lewd
designs.
118 jacintomdelacruzjr.
 What is the crime of
CONSENTED ABDUCTION?

.Abduction of a virgin
over 12 years and under
18 years of age, carried
out with her consent
and with lewd designs.
119 jacintomdelacruzjr.
 ******

CRIMES
AGAINST CIVIL
STATUS OF
PERSONS
120 jacintomdelacruzjr.
 What are the crimes
AGAINST CIVIL STATUS OF PERSONS?

1) Simulation of births, substitution of

one child for another and concealment
or abandonment of a legitimate child;
2) Usurpation of civil status
3) Bigamy
4) Performance of Illegal marriage
ceremony

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 ******

CRIMES
AGAINST
HONOR
122 jacintomdelacruzjr.
 ******

CRIMES
AGAINST
HONOR
1)LIBEL
2)SLANDER
3)SLANDER
123 jacintomdelacruzjr. BY DEED
 What is the crime of
INCRIMINATING INNOCENT PERSON?

Any person who, by any

.

act not constituting

perjury, shall directly
incriminate or impute to
an innocent person the
commission of a crime.
124 jacintomdelacruzjr.
 What is the crime of
INTRIGUING AGAINST HONOR?

Any intrigue which has

.

for its principal purpose

to blemish the honor or
reputation of a person.

125 jacintomdelacruzjr.
 •Thank you..

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