U.P.

LAW BOC CRIMINAL LAW

1

Page 1 of 286
U.P. LAW BOC CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW

TABLE OF CONTENTS

CRIMINAL LAW I ...................................................... 1 d. Extinction of Civil Liability .................. 122

I. PRINCIPLES OF CRIMINAL LAW ........................... 2 e. Special Cases ................................... 122
A. GENERAL PRINCIPLES ............................... 2 f. Subsidiary Liability of Other Persons 123
1. Mala in se and Mala prohibita ................... 2 CRIMINAL LAW II ................................................. 125
2. Scope and Characteristics ........................ 3 II. CRIMES UNDER THE REVISED PENAL CODE ...... 126
a. Generality ............................................. 3 A. CRIMES AGAINST NATIONAL SECURITY
b. Territoriality ........................................... 5 AND THE LAW OF NATIONS [ARTS. 114-123] . 126
c. Prospectivity ......................................... 7 1. Chapter I: Crimes against National Security
3. Pro Reo Principle ...................................... 7 .............................................................. 126
4. Interpretation of Penal Laws ..................... 7 a. Article 114 - Treason ......................... 126
5. Retroactive Application if Favorable to the b. Article 115 – Conspiracy and Proposal to
Accused ....................................................... 7 Commit Treason ............................... 128
B. FELONIES .................................................... 8 c. Article 116 – Misprision of Treason ... 128
1. Criminal Liabilities ..................................... 8 d. Article 117 – Espionage .................... 129
a. Classification of Felonies ...................... 8 e. Article 118 – Inciting to War or Giving
b. Aberratio Ictus, Error in Personae and Motives for Reprisals ........................ 129
Praeter Intentionem ............................ 13 f. Article 119 - Violation of Neutrality .... 130
c. Impossible Crimes .............................. 14 g. Article 120 – Correspondence with
d. Stages of Execution ............................ 15 Hostile Country ................................. 130
e. Continuing Crimes .............................. 17 h. Article 121 – Flight to Enemy’s Country
f. Complex Crimes and Composite Crimes 130
............................................................ 18 i. Article 122 – Piracy in General and
2. Circumstances Affecting Criminal Liability .. Mutiny on the High Seas or in Philippine
................................................................ 21 Waters ............................................... 130
a. Justifying Circumstances [Art. 11] ...... 21 j. Article 123 – Qualified Piracy ............ 131
b. Exempting Circumstances [Art. 12] .... 27 B. CRIMES AGAINST THE FUNDAMENTAL
c. Mitigating Circumstances [Art. 13] ...... 32 LAWS OF THE STATE [ARTS. 124 - 133] .......... 131
d. Aggravating Circumstances [Art. 14] .. 41 1. Chapter I: Arbitrary Detention or Expulsion,
e. Alternative Circumstances [Art. 15] .... 61 Violation of Dwelling, Prohibition, Interruption,
f. Absolutory Causes .............................. 63 and Dissolution of Peaceful Meetings and
3. Persons Liable and Degree of Participation Crimes Against Religious Worship ............ 131
................................................................ 65 a. Article 124 - Arbitrary Detention ........ 131
b. Conspiracy and Proposal .................... 72 b. Article 125 - Delay in the Delivery of
c. Multiple Offenders ............................... 75 Detained Persons to the Proper Judicial
4. Penalties ................................................. 79 Authorities ......................................... 132
a. Imposable Penalties ........................... 80 c. Article 126 - Delaying Release .......... 133
b. Classification ....................................... 80 d. Article 127 – Expulsion ..................... 133
c. Duration and Effects ........................... 81 e. Article 128 – Violation of Domicile .... 133
d. Application .......................................... 86 f. Article 129 - Search Warrants
e. Graduation of Penalties ...................... 91 Maliciously Obtained and Abuse in the
f. Accessory Penalties ........................... 97 Service of those Legally Obtained .... 134
5. Execution and Service of Penalties ........ 99 g. Article 130 - Searching Domicile Without
a. Three-Fold Rule ................................ 100 Witnesses ......................................... 134
b. Probation Law [P.D. 968, as amended h. Article 131 - Prohibition, Interruption and
by R.A. 10707] .................................. 101 Dissolution of Peaceful Meetings ...... 135
c. Juvenile Justice and Welfare Act (R.A. i. Article 132 - Interruption of Religious
9344, as amended) ........................... 105 Worship ............................................. 135
d. Republic Act No. 10951 .................... 110 j. .... Article 133 - Offending the Religious
6. Extinction of Criminal Liabilities ............ 112 Feelings ............................................ 135
a. Total Extinction ................................. 112 C. CRIMES AGAINST PUBLIC ORDER [ARTS.
b. Partial Extinction ............................... 116 134 - 160] ........................................................... 136
c. Compromise and Affidavit of Desistance 1. Chapter I: Rebellion, Coup d’etat, Sedition,
.......................................................... 118 and Disloyalty ................................................ 136
7. Civil Liabilities Arising from Criminal Cases a. Article 134 - Rebellion or Insurrection136
.............................................................. 118 b. Article 134-A - Coup d’État ............... 137
a. General Rule ..................................... 118 c. Art 135 - Penalty for Rebellion,
b. What Civil Liability Includes .............. 119 Insurrection or Coup d’état ........................ 137
c. Persons Civilly Liable ........................ 122
U.P. LAW BOC CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW

d. Article 136 - Conspiracy and Proposal to a. Article 160 - Commission of another h. Article 184 – Offering False Testimony in g. Article 210 – Direct Bribery ............... 180
Commit Coup d’état, Rebellion or Insurrection crime during service of penalty imposed for Evidence ................................................... 162 h. Article 211 – Indirect Bribery ............. 181
138 another previous offense - Penalty ............ 149 3. Chapter III: Frauds ................................ 162 i. Article 211-A – Qualified Bribery ....... 182
e. Article 137 - Disloyalty of Public Officers D. CRIMES AGAINST PUBLIC INTEREST [ARTS. a. Article 185 – Machinations in Public j. Article 212 – Corruption of Public
or Employees ............................................ 138 161-187] ............................................................. 150 Auctions .................................................... 162 Officials ...................................................... 182
f. Article 138 - Inciting to Rebellion or 1. Chapter I: Forgeries .............................. 150 b. Article 186 – Monopolies and 3. Chapter III: Frauds and Illegal Exactions
Insurrection ............................................... 138 a. Article 161 – Counterfeiting the Great Combinations in Restraint of Trade ........... 162 and Transactions ........................................... 183
g. Article 139 – Sedition ........................ 139 Seal of the Government of the Philippine c. Article 187 – Importation and Disposition a. Article 213 – Fraud Against the Public
h. Art. 140 - Penalty for sedition ........... 140 Islands, Forging the Signature or Stamp of the of Falsely Marked Articles or Merchandise Treasury and Similar Offenses .................. 183
i. Article 141 - Conspiracy to Commit Chief Executive ......................................... 150 Made of Gold, Silver, or other Precious Metals b. Article 214 – Other Frauds ................ 184
Sedition ..................................................... 140 b. Article 162 – Using Forged Signature or or their Alloys ............................................ 163 c. Art. 215 – Prohibited Transactions .... 184
j. Article 142 - Inciting to Sedition ........ 140 Counterfeit Seal or Stamp ......................... 150 E. CRIMES RELATIVE TO OPIUM AND OTHER d. Article 216 – Possession of Prohibited
2. Chapter II: Crimes against Popular c. Article 163 – Making and Importing and PROHIBITED DRUGS [ARTS. 190 TO 194] ......... 163 Interest by a Public Officer ........................ 184
Representation .............................................. 141 Uttering False Coins .................................. 150 F. CRIMES AGAINST PUBLIC MORALS ...... 170 4. Chapter IV: Malversation of Public Funds
a. Article 143 - Acts Tending to Prevent the d. Article 164 – Mutilation of Coins ....... 151 1. Chapter I: Gambling and Betting ........... 170 or Property ..................................................... 184
Meeting of the Assembly and Similar Bodies e. Article 165 – Selling of False or a. ANTI-GAMBLING LAW (PD. 1602 as a. Article 217 – Malversation of Public
141 Mutilated Coin, without Connivance .......... 151 amended by RA 9287 [ANTI-ILLEGAL Funds or Property - Presumption of
b. Article 144 - Disturbance of Proceedings f. Article 166 – Forging Treasury or Bank NUMBERS GAMES LAW]) ....................... 170 Malversation .............................................. 184
141 Notes or Other Documents Payable to Bearer; b. INCREASING THE PENALTY FOR b. Article 218 – Failure of Accountable
c. Article 145 - Violation of Parliamentary Importing and Uttering Such False or Forged ILLEGAL NUMBERS GAMES (PD 9287) . 171 Officer to Render Accounts ....................... 186
Immunity .................................................... 141 Notes and Documents ............................... 152 c. Article 196 – Importation, Sale and c. Article 219 – Failure of a Responsible
3. Chapter III: Illegal Assemblies and g. Article 167 – Counterfeiting, Importing, Possession of Lottery Tickets and Public Officer to Render Accounts Before
Associations .................................................. 142 and Uttering Instruments Not Payable to Advertisements ......................................... 172 Leaving the Country .................................. 187
a. Article 146 - Illegal Assemblies ......... 142 Bearer ........................................................ 153 d. Article 197 – Betting in Sports Contests d. Article 220 – Illegal Use of Public Funds
b. Article 147 - Illegal Associations ....... 143 h. Article 168 – Illegal Possession and Use (Repealed by PD 483) ............................... 172 or Property ................................................. 187
4. Chapter IV: Assault upon, and Resistance of False Treasury or Bank Notes and Other PENALIZING BETTING, GAME FIXING OR e. Article 221 - Failure to Make Delivery of
and Disobedience to Persons in Authority and Instruments of Credit ................................. 153 POINT-SHAVING AND MACHINATIONS IN Public Funds or Property ........................... 187
Their Agents .................................................. 143 i. Article 169 – How Forgery is Committed SPORT CONTESTS (PD 483) .................. 172 f. Article 222 – Officers Included in the
a. Article 148 - Direct Assaults .............. 143 153 e. Article 198 – Illegal Betting On Horse Preceding Provisions ................................. 188
b. Article 149 - Indirect Assaults ........... 144 j. Article 170 – Falsification of Legislative Races [Repealed by Act. 309, as amended by 5. Chapter V: Infidelity of Public Officers ... 188
c. Article 150 - Disobedience to summons Documents ................................................ 154 RA 983] ..................................................... 173 a. Article 223 – Conniving With or
issued by the National Assembly, its k. Article 171 – Falsification by Public f. Article 199 – Illegal Cockfighting Consenting to Evasion .............................. 188
Committees or Subcommittees, or divisions Officer, Employee or Notary or Ecclesiastical [amended by PD 449] ............................... 173 b. Article 224 – Evasion through
144 Minister ...................................................... 154 2. Chapter II: Offenses Against Decency and Negligence ................................................ 189
d. Article 151 - Resistance and l. Article 172 – Falsification by Private Good Customs .............................................. 174 c. Article 225 – Escape of Prisoner under
Disobedience to a Person in Authority or the Individual and Use of Falsified Documents 156 a. Article 200 – Grave Scandal ............. 174 the Custody of a Person Not a Public Officer
Agents of Such Person. ............................ 145 m. Article 173 – Falsification of Wireless, b. Article 201 – Immoral Doctrines, 189
e. Article 152 - Persons in authority and Cable, Telegraph and Telephone Messages, Obscene Publications and Exhibitions and d. Article 226 – Removal, Concealment, or
agents of persons in authority ................... 145 and Use of Said Falsified Messages ......... 158 Indecent Shows (as amended by PD 960 and Destruction of Documents ......................... 190
5. Chapter V: Public Disorders .................. 146 n. Article 174 – False Medical Certificates, 969) 175 e. Article 227 – Officer Breaking Seal ... 190
a. Article 153 - Tumults and Other False Certificates of Merits of Service, Etc. c. Article 202 – Vagrants and Prostitutes f. Article 228 – Opening of Closed
Disturbances of Public Order .................... 146 158 (as amended by RA 10158) ...................... 175 Documents ................................................ 190
b. Article 154 - Unlawful Use of Means of o. Article 175 – Using False Certificates 158 G. CRIMES COMMITTED BY PUBLIC g. Article 229 – Revelation of Secrets by an
Publication and Unlawful Utterances ........ 146 p. Article 176 – Manufacturing and OFFICERS ........................................................ 176 Officer ........................................................ 191
c. Article 155 - Alarms and Scandals .... 147 Possession of Instruments or Implements for 1. Chapter I: Preliminary Provisions .......... 176 h. Article 230 – Public Officers Revealing
d. Article 156 - Delivering Prisoners from Falsification ............................................... 159 a. Article 203 – Who Are Public Officers176 Secrets of Private Individuals .................... 191
Jail 147 2. Chapter II: Other Falsities ..................... 159 2. Chapter II: Malfeasance and Misfeasance 6. Chapter VI: Other Offenses or Irregularities
6. Chapter VI: Evasion of Service of Sentence a. Article 177 – Usurpation of Authority or in Office ......................................................... 177 by Public Officers ........................................... 192
147 Official Functions ....................................... 159 a. Article 204 – Knowingly Rendering a. Article 231 – Open Disobedience ..... 192
a. Article 157 - Evasion of Service of b. Article 178 – Using Fictitious and Unjust Judgment; and ............................... 177 b. Article 232 – Disobedience to the Order
Sentence ................................................... 148 Concealing True Name ............................. 159 b. Article 205 – Judgment Rendered of Superior Officer When Said Order Was
b. Article 158 - Evasion of Service of c. Article 179 – Illegal Use of Uniforms and Through Negligence .................................. 177 Suspended by Inferior Officer .................... 192
Sentence on the Occasion of Disorders, Insignia ...................................................... 160 c. Article 206 – Unjust Interlocutory Order c. Article 233 – Refusal of Assistance .. 192
Conflagrations, Earthquakes, or Other d. Article 180 – False Testimony Against a 178 d. Article 234 – Refusal to Discharge
Calamities ................................................. 148 Defendant .................................................. 160 d. Article 207 – Malicious Delay in the Elective Office ........................................... 192
c. Article 159 - Other Cases of Evasion of e. Article 181 – False Testimony Favorable Administration of Justice ........................... 178 e. Article 235 – Maltreatment of Prisoners
Service of Sentence .................................. 149 to the Defendant ........................................ 161 e. Article 208 – Prosecution of Offenses; 193
7. Chapter VII: Commission of Another Crime f. Article 182 – False Testimony in Civil Negligence and Tolerance ........................ 179 f. Article 236 – Anticipation of Duties of a
During Service of Penalty Imposed for Another Cases ........................................................ 161 f. Article 209 – Betrayal of Trust by an Public Officer ............................................. 193
Previous Offense ........................................... 149 g. Article 183 – False Testimony in Other Attorney or a Solicitor – Revelation of Secrets g. Article 237 – Prolonging Performance of
Cases and Perjury in Solemn Affirmation .. 161 179 Duties and Powers .................................... 194
U.P. LAW BOC CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW

h. Article 238 – Abandonment of Office or a. Article 267 - Kidnapping and Serious f. Article 298 – Execution of Deeds by e. Art. 331 – Destroying or Damaging
Position ..................................................... 194 Illegal Detention ......................................... 211 Means of Violence or Intimidation ............. 231 Statues, Public Monuments or Paintings ... 252
i. Article 239 – Usurpation of Legislative b. Article 268 - Slight Illegal Detention .. 212 g. Article 299 – Robbery in an Inhabited 10. Chapter X – Exemption from Criminal
Powers ...................................................... 194 c. Article 269 - Unlawful Arrest ............. 213 House/Public Building or Edifice Devoted to Liability Against Property ............................... 252
j. Article 240 – Usurpation of Executive d. Article 270 - Kidnapping and Failure to Worship ..................................................... 231 a. Art. 332 – Persons Exempt from
Functions ................................................... 194 Return a Minor ........................................... 213 h. Article 300 – Robbery in an Uninhabited Criminal Liability ........................................ 252
k. Article 241 – Usurpation of Judicial e. Article 271 - Inducing a Minor to Place and by a Band ................................. 232 K. CRIMES AGAINST CHASTITY ................. 252
Functions ................................................... 195 Abandon His Home ................................... 214 i. Article 301 – What is an Inhabited 1. Chapter I – Adultery and Concubinage . 252
l. Article 242 – Disobeying Request for f. Article 272 – Slavery ......................... 214 House, Public Building or Building Dedicated a. Article 333 – Adultery ........................ 252
Disqualification .......................................... 195 g. Article 273 - Exploitation of Child Labor to Religious Worship and Their Dependencies b. Article 334 – Concubinage ................ 254
m. Article 243 – Orders or Request by 214 233 2. Chapter II – Rape and Acts of
Executive Officer to Any Judicial Authority 195 h. Article 274 - Services Rendered Under j. Article 302 – Robbery in an Uninhabited Lasciviousness .............................................. 254
n. Article 244 – Unlawful Appointments 195 Compulsion in Payment of Debt ................ 214 Place or in a Private Building .................... 233 a. Article 335 – When and How Rape is
o. Article 245 – Abuses Against Chastity 2. Chapter II: Crimes Against Security ...... 215 k. Article 303 – Robbery of Cereals, Fruits, Committed (repealed by RA No. 8353) ..... 254
195 a. Article 275 - Abandonment of Persons in or Firewood in an Uninhabited Place or b. Article 336 - Acts of Lasciviousness . 255
H. CRIMES AGAINST PERSONS ................. 196 Danger and Abandonment of Own Victim . 215 Private Building ......................................... 234 3. Chapter III – Seduction, Corruption of
1. Chapter I: Destruction of Life ................ 196 b. Article 276 - Abandoning a Minor ...... 215 l. Article 304 – Possession of Picklocks or Minors and White Slave Trade ...................... 256
a. Article 246 – Parricide ....................... 196 c. Article 277 - Abandonment of Minor by Similar Tools ............................................. 234 a. Article 337 - Qualified Seduction ....... 256
b. Article 247 – Death or Physical Injuries Person Entrusted With Custody; Indifference m. Article 305 – False Keys ............... 234 b. Article 338 - Simple Seduction .......... 257
Under Exceptional Circumstances ............ 197 of Parents .................................................. 216 2. Chapter II: Brigandage .......................... 234 c. Article 339 - Acts of Lasciviousness with
c. Article 248 – Murder ......................... 197 d. Article 278 - Exploitation of Minors ... 216 a. Article 306 – Brigandage .................. 235 the Consent of the Offended Party ............ 258
d. Article 249 – Homicide ...................... 198 e. Article 279 – Additional Penalties for b. Article 307 – Aiding and Abetting a Band d. Article 340 - Corruption of Minors (as
e. Article 250 - Penalty for Frustrated Other Offenses .......................................... 217 of Brigands ................................................ 235 amended by BP Blg. 92) ........................... 258
Parricide, Murder or Homicide .................. 199 f. Article 280 - Qualified Trespass to 3. Chapter III: Theft ................................... 236 e. Article 341 - White Slave Trade ........ 259
f. Article 251 - Death Caused in Dwelling ..................................................... 217 a. Article 308 – Who are Liable for Theft 4. Chapter IV - Abduction .......................... 259
Tumultuous Affray ..................................... 199 g. Article 281 - Other Forms of Trespass 236 a. Article 342 - Forcible Abduction ........ 259
g. Article 252 - Physical Injuries Caused in 219 b. Article 309 – Penalties ...................... 237 b. Article 343 - Consented Abduction ... 260
Tumultuous Affray ..................................... 200 h. Article 282 - Grave Threats ............... 219 c. Article 310 – Qualified Theft ............. 237 5. Chapter V: Provisions Relating to the
h. Article 253 - Giving Assistance to i. Article 283 - Light Threats ................. 220 d. Article 311 – Theft of Property of the Preceding Chapters of Title 11 ...................... 261
Suicide ...................................................... 200 j. Article 284 - Bond for Good Behavior 220 National Library and National Museum ..... 238 a. Article 344 - Prosecution of Private
i. Article 254 - Discharge of Firearms .. 200 k. Article 285 – Other Light Threats ...... 221 4. Chapter IV: Usurpation ......................... 239 Offenses .................................................... 261
j. Article 255 – Infanticide .................... 201 l. Article 286 - Grave Coercions ........... 221 a. Article 312 – Occupation of Real b. Article 345: Civil Liability of Persons
k. Article 256 - Intentional Abortion ....... 202 m. Article 287 - Light Coercions ......... 222 Property or Usurpation of Real Rights in Guilty of Crimes Against Chastity .............. 262
l. Article 257 - Unintentional Abortion .. 202 n. Article 288 - Other Similar Coercions 222 Property ..................................................... 239 c. Article 346 – Liability of Ascendants,
m. Article 258 - Abortion Practiced by the o. Article 289 - Formation, Maintenance, b. Article 313 – Altering Boundaries or Guardians, Teachers and Other Persons
Woman Herself or by Parents ................... 203 and Prohibition of Combination of Capital or Landmarks ................................................ 239 Entrusted with the Custody of the Offended
n. Article 259 - Abortion by a Physician or Labor through Violence or Threats (repealed 5. Chapter V: Culpable Insolvency ............ 239 Party .......................................................... 262
Midwife and Dispensing of Abortives ........ 203 by Labor Code) .......................................... 223 a. Article 314 – Fraudulent Insolvency .. 239 L. CRIMES AGAINST THE CIVIL STATUS OF
o. Article 260 - Responsibility of 3. Chapter III: Discovery and Revelation of 6. Chapter VI: Swindling and Other Deceits PERSONS ......................................................... 263
Participants in a Duel ................................ 204 Secrets .......................................................... 223 240 1. Chapter I: Simulation of Births and
p. Article 261 - Challenging to a Duel ... 204 a. Article 290 - Discovering Secrets a. Article 315 – Swindling or Estafa ...... 240 Usurpation of Civil Status .............................. 263
2. Chapter II: Physical Injuries .................. 204 through Seizure of Correspondence ......... 223 b. Article 316 – Other Forms of Swindling a. Article 347 - Simulation of Births,
a. Article 262 – Mutilation ..................... 204 b. Article 291 - Revealing Secrets with 246 Substitution of One Child for Another, and
b. Article 263 - Serious Physical Injuries Abuse of Office .......................................... 223 c. Article 317 – Swindling a Minor ........ 247 Concealment or Abandonment of a Legitimate
205 c. Article 292 - Revelation of Industrial d. Article 318 – Other Deceits ............... 248 Child 263
c. Article 264 - Administering Injurious Secrets ...................................................... 224 7. Chapter VII: Chattel Mortgage .............. 248 b. Article 348 - Usurpation of Civil Status
Substances or Beverages ......................... 206 J. CRIMES AGAINST PROPERTY ............... 224 a. Article 319 - Removal, Sale, or Pledge of 264
d. Article 265 - Less Serious Physical 1. Chapter I: Robbery in General .............. 224 Mortgaged Property .................................. 248 2. Chapter II: Illegal Marriages .................. 264
Injuries ....................................................... 206 a. Article 293 – Who Are Guilty of Robbery 8. Chapter VIII : Arson and Other Crimes a. Article 349 – Bigamy ......................... 264
e. Article 266 - Slight Physical Injuries and 224 Involving Destruction ..................................... 248 b. Article 350 - Marriage Contracted
Maltreatment ............................................. 207 b. Article 294 – Robbery with Violence or a. Articles 320-326B (Repealed by PD against Provisions of Laws ........................ 266
3. Chapter III : Rape .................................. 208 Intimidation of Persons .............................. 226 1613, as amended by RA 7659) ............... 248 c. Article 351 - Premature Marriage
a. Article 266 - A – Rape (as amended by c. Art. 295 – Robbery with Physical Injuries 9. Chapter IX – Malicious Mischief ............ 250 (Repealed by RA No. 10655) .................... 266
RA 8353) ................................................... 208 Committed in an Uninhabited Place and by a a. Art. 327 - Who are Liable for Malicious d. Article 352 - Performance of Illegal
b. Article 266 - B – Qualified Rape ....... 210 Band or With the Use of a Firearm on a Mischief ..................................................... 250 Marriage Ceremony ................................... 266
c. Art. 266 - C - Effect of Pardon .......... 210 Street, Road or Alley ................................. 229 b. Art. 328 – Special Cases of Malicious M. CRIMES AGAINST HONOR.................. 266
d. Art. 266 - D - Presumptions .............. 211 d. Art. 296 – Definition of a Band and Mischief ..................................................... 250 1. Chapter I – Libel .................................... 266
I. CRIMES AGAINST PERSONAL LIBERTY Penalty Incurred by the Members thereof . 229 c. Art. 329 – Other Mischiefs ................ 251 a. Article 353 - Libel .............................. 266
AND SECURITY ................................................ 211 e. Article 297 – Attempted and Frustrated d. Art. 330 – Damage and Obstruction to b. Art. 354 – Requirement of Publicity .. 268
1. Chapter I: Crimes Against Liberty ......... 211 Robbery Committed under Circumstances 230 Means of Communication ......................... 251 c. Art. 355 – Libel by Means of Writings or
Similar Means ............................................ 270
U.P. LAW BOC CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

d. Art. 356 – Threatening to Publish and

Offer to Prevent such Publication for a
Compensation ........................................... 271
e. Art. 357 – Prohibited Publication of Acts
Referred to in the Course of Official
Proceedings .............................................. 271
f. Art. 358 – Slander ............................. 271
g. Art. 359 – Slander by Deed .............. 272
h. Art. 360 – Persons Responsible for Libel
273
i. Art. 361 – Proof of Truth ................... 274
j. Art. 362 – Libelous Remarks ............ 274
2. Chapter II – Incriminatory Machinations 274
a. Art. 363 – Incriminating Innocent
Persons ..................................................... 274
b. Art. 364 – Intriguing Against Honor ... 275
N. QUASI-OFFENSES .............................. 276
1. Sole Chapter ......................................... 276
a. Art. 365 – Criminal Negligence ......... 276

CRIMINAL LAW I
CRIMINAL LAW

Page 1 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

4. Alters legal rules of Evidence and As to Use of Good Faith as a Defense Principal, Only the principal is
I. PRINCIPLES OF authorizes conviction upon Valid defense General Rule: Not accomplice & liable.
CRIMINAL LAW less/different testimony a valid Defense accessory.
5. Assumes to regulate civil Rights and Exceptions: Penalty of offenders
remedies only 1. Civilian guards Penalty is computed is same whether
A. GENERAL PRINCIPLES 6. Deprives accused of lawful Protection acting in good based whether he is they acted as mere
to which he is entitled [In Re: Kay faith in carrying a principal offender accomplices or
Villegas Kami, G.R. No. L-32485 firearms with no or merely an accessories
(1970)] intention of accomplice or
Definition of Criminal Law
committing an accessory
That branch of public substantive law which
Bill of Attainder – inflicts punishment offense were As to Stages of Execution
defines crimes, treats of their nature, and
without trial, substituting a legislative act able to claim lack There are three No stages of
provides for their punishment. [REYES, Book
for a judicial determination of guilt of intent as a stages: attempted, execution
1]
[People v. Ferrer, G.R. No. L-32613-14 defense. frustrated &
(1972)] 2. Accused has a consummated
Crime
pending As to Division of Penalties
An act committed or omitted in violation of a
2. No person shall be held to answer for a application for Penalties may be There is no such
public law forbidding or commanding it. It is a
criminal offense without Due Process of permanent permit divided into degrees division of penalties.
generic term used to refer to a wrongdoing
law. [Art. III, Sec. 14(1), 1987 Constitution] to possess a and periods.
punished by either the RPC or a special law.
3. Excessive fines shall not be imposed, nor firearm [People v.
[ORTEGA]
cruel, degrading or inhuman Punishment Mallari, G.R. No.
inflicted. [Art. III, Sec. 19(1), 1987 L-58886 (1988)]
2. Scope and Characteristics
Nullum crimen nulla poena sine lege
Constitution] As to Criminal Intent as an Element
There is no criminal liability if the act is not a. Generality
punishable by a particular provision in penal Criminal intent is Criminal intent is not
law or special penal law. There is no crime 1. Mala in se and Mala prohibita necessary necessary
General Rule: Penal laws are obligatory on all
when there is no law punishing it. [Potenciano Mala in Se Mala Prohibita As to Degree of Accomplishment
persons who live or sojourn in Philippine
Evangelista v. People, G.R. Nos. 108135-36, (“Evil in Itself”) (“Prohibited Evil”) Taken into account Not taken into
territory, regardless of nationality, gender, or
14 (2000)] Definition in determining the account; the act is
other personal circumstances, subject to the
A crime or an act An act that is penalty to be punishable only
principles of public international law and to
Sources of Criminal Law: that is inherently considered a crime imposed. when consummated
treaty stipulations. [Art. 14, NCC]
1. Revised Penal Code (Act No. 3815) immoral, such as because it is As to Effect of Mitigating and
2. Special Penal laws murder, arson, or prohibited by Aggravating Circumstances Exceptions:
3. Penal Presidential Decrees issued during rape [Black’s Law statute, although the Taken into account Not taken into 1. Treaty Stipulations
Martial Law Dictionary, 9th ed.] act itself is not in determining the account in 2. Laws of Preferential Application
4. Local Ordinances necessarily immoral imposable penalty determining the 3. Principles of Public International Law
[Black’s Law imposable penalty, 4. Warship Rule
LIMITATIONS ON POWER OF CONGRESS Dictionary, 9th ed.] unless provided for
TO ENACT PENAL LAWS [Ex-DPP] As to Laws Violated by special law
i. TREATY STIPULATIONS [Arts. 2
1. No Ex post facto law or bill of attainder shall General Rule: RPC Special Laws As to Degree of Participation and 14, NCC]
be enacted. [Art. III, Sec. 22, 1987 Exception: A crime *Presupposes more than one (1)
Constitution] is mala in se, even if offender The Visiting Forces Agreement (VFA) signed
punishable under a Degree of Degree of on Feb. 10, 1988 is an agreement between the
Ex post facto law [CA-PERP]: special law, when participation of each participation of each Philippine and US Government regarding the
1. Makes Criminal an act which was the acts are offender is taken offender is not taken treatment of US Armed Forces visiting the
innocent when done inherently immoral into account. into account and all Philippines.
2. Aggravates a crime/makes it greater (e.g., plunder). who participated in
than when it was committed [Estrada v. the act are punished
3. Inflicts a greater Punishment than Sandiganbayan, to the same extent.
prescribed when committed G.R. No. 148560 As to Persons Criminally Liable
(2001)]

Page 2 of 286 Page 3 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Rules on Jurisdiction Under the VFA Waiver of Jurisdiction Secretary of Foreign Affairs to the Chief cannot penalize crimes committed outside its
Crime Jurisdiction The authorities of either government may of Police of the City of Manila; but territory.
request the authorities of the other government b. The registration was only made after the
Crime is punishable Philippines has to waive their primary right to exercise writ or process has been issued or Scope of Territory
under Philippine exclusive jurisdiction. jurisdiction in a particular case. commenced The territory of the country is not limited to the
laws, but not under land where its sovereignty resides but includes
US laws General Rule: Philippine authorities will, upon NOTE: RA No. 75 is not applicable when the also its maritime and interior waters as well as
request by the United States, waive their foreign country adversely affected does not its atmosphere. [Art. 2, RPC]
Crime is punishable US has exclusive primary right to exercise jurisdiction. provide similar protection to our diplomatic
under US laws, but jurisdiction. representatives [Sec. 7, R.A. 75] Theory on Aerial Jurisdiction - Absolute
not under Philippine Exceptions: In cases of particular importance Theory
laws to the Philippines, for example, crimes iii. PRINCIPLES OF PUBLIC The subjacent state has complete jurisdiction
punishable under: INTERNATIONAL LAW over the atmosphere above it subject only to
Crime is punishable Philippines has
1. R.A. 7659 (Heinous crimes) the innocent passage by aircraft of a foreign
under both US and primary but
2. R.A. 7610 (Child Abuse cases) Who are Exempt [SCAMMP]: country.
Philippine laws concurrent
3. R.A. 9165 (Dangerous Drugs cases) 1. Sovereigns and other heads of state
jurisdiction with the
2. Charges d’ affaires If the crime is committed in an aircraft, no
US.
ii. LAWS OF PREFERENTIAL 3. Ambassadors matter how high, as long as it is within the
APPLICATION [Art. 2, NCC] 4. Ministers Philippine atmosphere, Philippine criminal law
Rules on Concurrent Jurisdiction [Art. V (3), 5. Minister resident will govern. The Philippines has complete and
VFA] RA No. 75 penalizes acts which would impair 6. Plenipotentiary [REYES, Book 1] exclusive sovereignty over the airspace above
General Rule: Philippine authorities shall have the proper observance by the Republic and its territory [Art. 1, Convention on International
the primary right to exercise jurisdiction over inhabitants of the Philippines of the immunities, Who are not exempt [CVC]: Civil Aviation].
offenses committed by United States rights, and privileges of duly accredited foreign 1. Consuls
personnel. diplomatic representatives in the Philippines. 2. Vice-consuls Exceptions [SCIONS] [Art. 2, RPC]:
3. Other Commercial representatives of 1. Crimes committed while on a Philippine
Exceptions: Rules on Jurisdiction [Secs. 4 to 5, R.A. 75] foreign nations do not possess such status Ship or airship
1. If the offense was committed solely against General Rule: The following persons are and cannot claim the privileges and 2. Forging/Counterfeiting of Coins or Currency
the property or security of the United States. exempt from arrest and imprisonment, and immunities accorded to ambassadors and Notes in the Philippines
2. If the offense was solely against the their properties exempt from distraint, seizure ministers. [Sec. 249, Wheaton, International 3. Introduction of #2 into the country
property or person of United States and attachment [AMS]: Law] 4. Offenses committed by public officers or
personnel. 1. Ambassadors employees in the exercise of their functions.
3. If the offense arose out of any act or 2. Public Ministers Condition for Immunity to Apply 5. Crimes against National Security and the
omission done in performance of official 3. Domestic Servants of ambassadors or Diplomatic immunity only applies when the law of nations, defined in Title One of Book
duty. ministers diplomatic officer is engaged in the Two of this Code
performance of his official functions [Minucher
NOTE: The authorities of the Philippines and Exceptions: If the writ or process sued out or v. Court of Appeals, G.R. No. 142396 (2003)] i. CRIMES COMMITTED ABOARD
the United States shall notify each other of the prosecuted is [PhDS]: A PHILIPPINE SHIP OR AIRSHIP
disposition of all cases in which both the 1. Against a person who is a citizen or iv. WARSHIP RULE [Art 2 (1), RPC]
authorities of the Philippines and the United inhabitant of the Philippines, provided:
States have the right to exercise jurisdiction. a. The person is in the service of an A warship of another country, even though Requisites [REYES, Book 1]:
ambassador or a public minister; and docked in the Philippines, is considered an 1. Crime is committed while the ship is
Offenses Relating to Security for purposes b. Process is founded upon a debt extension of the territory of its respective treading in:
of the VFA [Art. V (2)(c), VFA] contracted before he entered upon such country. [Art. 27, United Nations Convention on a. Philippine waters (intraterritorial), or
1. Treason service the Laws of the Sea] b. The high seas (extraterritorial)
2. Sabotage 2. Against the Domestic Servant of an 2. The ship or airship must not be within the
3. Espionage ambassador or a public minister, b. Territoriality territorial jurisdiction of another country
4. Violation of any law relating to national provided: 3. The ship or airship must be registered in the
defense a. The name of the servant has been General Rule: Penal laws of the country have Philippines under Philippine laws
registered in the Department of Foreign force and effect only within its territory. It
Affairs, (DFA) and transmitted by the

Page 4 of 286 Page 5 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Difference between Jurisdiction of counterfeited the items are criminally liable 3. Pro Reo Principle
Merchant Vessels and Foreign Warships even if they did not introduce the counterfeit Crimes against the law of nations
Merchant Vessels (applying English Rule) items. 1. Inciting to war or giving motives for reprisals Applicability of Principle
Acts committed on a merchant vessel within [Art.118] Penal statutes should be strictly construed
the territorial limits of the Philippines are iv. WHEN PUBLIC OFFICERS OR 2. Violation of neutrality [Art. 119] against the State only when the law is
subject Philippine penal laws if they breach EMPLOYEES COMMIT AN 3. Correspondence with hostile country [Art. ambiguous and there is doubt regarding its
public order [People v. Wong Cheng, G.R. No. OFFENSE IN THE EXERCISE OF 120] interpretation. Where the law is clear and
L-18924 (1922)] and local courts are not THEIR FUNCTIONS. [Art. 2 (4), 4. Flight to enemy’s country [Art.121] unambiguous, there is no room for the rule to
deprived of jurisdiction over offenses on board RPC] 5. Piracy in general and mutiny on the high apply. [People v. Gatchalian, G.R. No. L-
a merchant vessel if they disturb the order of seas or in Philippine waters [Art. 122] 12011-14 (1958)] In dubio pro reo.
the country. [US v. Bull, G.R. No. L-5270 Crimes committee in the exercise of their 6. Terrorism [R.A. 9372]
(1910)] functions Cf. Rule of Lenity
1. Direct bribery [Art. 210] NOTE: Crimes against public order (e.g., Between two potential interpretations of a
Foreign Warships - are reputed to be the 2. Qualified Bribery [Art. 211-A] rebellion, coup d’etat, sedition) committed penal law, one prejudicial and another
territory of the country to which they belong and 3. Indirect bribery [Art. 211] abroad is under the jurisdiction of the host favorable, the more lenient one must be
are not subject to the laws of another state. [US 4. Corruption [Art. 212] country. adopted. [Ient v. Tullett, G.R. No. 189158
v. Fowler, G.R. No. L-496 (1902)] 5. Frauds against the public treasury [Art. (2017)]
● Nationality of Vessel – determined by the 213] Human Security Act
country of registry and not its ownership. 6. Possession of prohibited interest [Art. 216] Sec. 58: Subject to the provision of an existing Basis: All doubts shall be construed in favor of
● Example: A Filipino-owned vessel 7. Malversation of public funds or property treaty of which the Philippines is a signatory the accused and on the presumption of his
registered in China must fly the Chinese [Art. 217] and to any contrary provision of any law of innocence [Art. III, Sec. 14(2), 1987
flag. 8. Failure to render accounts [Art. 218] preferential application, the provisions of this Constitution]
9. Illegal use of public funds or property [Art. Act shall apply to individuals who although
ii. FORGING/COUNTERFEITING 220] physically outside the territorial limits of 4. Interpretation of Penal Laws
OF COINS OR CURRENCY 10. Failure to make delivery of public funds or the Philippines [TSCG]:
NOTES IN THE PHILIPPINES property [Art. 221] 1. Commit, conspire or plot to commit any of Equipoise Doctrine
[Art. 2 (2), RPC] 11. Falsification by a public officer or the crimes defined and punished in this Act When the evidence of the prosecution and the
employee by abuse of his official position inside the Territorial limits of the Philippines; defense are equally balanced, the scale should
Forgery [Art. 171] 2. Commit any of the said crimes on board be tilted in favor of the accused, according to
Committed by giving a treasury or bank note or 12. Crimes committed in relation to the Philippine Ship or Philippine airship; the constitutional presumption of innocence.
any instrument payable to bearer or to order performance of a public officer or 3. Commit said crimes against Philippine [Tin v. People, G.R. No. 126480 (2001)]
the appearance of a true genuine document or employee of his/her duties in a foreign Citizens or persons of Philippines descent,
by erasing, substituting, counterfeiting or country. where their citizenship or ethnicity was a Spanish Text of the RPC Prevails over its
altering, by any means, the figures, letters, factor in the commission of the crime; and English Translation
words, or signs contained therein [Art. 169, Embassy 4. Commit said crimes directly against the In the construction or interpretation of the
RPC]. Embassy grounds are considered as Philippine Government. [Sec. 58, R.A. provision of the RPC, the Spanish text is
extensions of the sovereignty of the country 9372]. controlling, because it was approved by the
If forgery is committed abroad, it must refer occupying them. [Minucher v. Court of Philippine Legislature in its Spanish text.
only to Philippine coin, currency note, Appeals, G.R. No. 142396 (1992)] c. Prospectivity [People v. Manaba, G.R. No. L-38725 (1933)]
obligations and securities [REYES, Book 1].
v. CRIMES AGAINST NATIONAL No felony shall be punishable by any penalty 5. Retroactive Application if
iii. INTRODUCTION OF FORGED/ SECURITY AND THE LAW OF not prescribed by law prior to its commission.
COUNTERFEITED NATIONS [Art 2 (5), RPC] [Art. 21, RPC]
Favorable to the Accused
OBLIGATIONS AND
SECURITIES IN THE COUNTRY Crimes against national security General Rule: No felony shall be punishable
Without prejudice to Art. 22, felonies and
[Art. 2 (3), RPC] 1. Treason [Art. 114] by any penalty not prescribed by law prior to its
misdemeanors, committed prior to the
commission. [Art. 21, RPC].
2. Conspiracy and proposal to commit treason effectivity of the RPC, shall be punished in
Those who introduced the counterfeit items are [Art. 115] accordance with the Code or Acts in force at
criminally liable even if they were not the ones 3. Misprision of treason [Art. 116] Exception: Insofar as they favor the person
the time of their commission [Art. 366, RPC]. guilty of a felony although at the time of the
who counterfeited the obligations and 4. Espionage [Art. 117]
securities. On the other hand, those who publication of such laws, a final sentence has
5. Terrorism [R.A. 9372]

Page 6 of 286 Page 7 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

been pronounced and the convict is serving the Effects of Amendment [REYES, Book 1] ELEMENTS OF A FELONY Degree of proof
same. [Art. 22, RPC] Amendment Effect 1. An Act or Omission Proof beyond reasonable doubt [Villareal v.
Makes penalty New law applies a. Act – Any kind of body movement which People, G.R. No. 151258 (2012)].
Exceptions to the Exception: lighter (see Exception tends to produce some effect in the
1. The new law is expressly made inapplicable above) external world; includes possession Specific Criminal Intent
to pending actions or existing cause of Makes penalty Law in force at the b. Omission – The failure to perform a General Criminal Specific Criminal
actions heavier time of commission positive duty which one is bound to do Intent Intent
2. The offender is a habitual criminal. of the offense under the law. There must be a law
applies requiring the performance of an act, As to Intention
Rationale: The punishability of an act must be Increases fine but Not ex post facto, so without such law, there is no liability.
reasonably known for the guidance of society. 2. Committed by means of: The intention to do The intention to
decreases penalty of law and penalty is
[People v. Jabinal, G.R. No. L-30061 (1974)] a. Dolo (i.e. willfully) or something wrong. commit a definite act.
imprisonment retroactively applied
[CRUZ] b. Culpa (i.e. negligently) As to Presumption
Effects of Repeal [REYES, Book 1] 3. Punished by the Code
Absolute/ Partial/ Presumed from the Existence is not
Total Repeal Relative Repeal Classifications: mere doing of a presumed.
Nature of Repeal B. FELONIES 1. According to manner of commission wrong act.
Crime punished by Crime punished 2. According to nature
repealed law is under the repealed 3. According to stages of execution As to Burden of Proof
decriminalized/ no law continues to be 4. According to gravity of penalties
1. Criminal Liabilities The burden is upon Since the specific
longer punishable, a crime 5. According to plurality of crimes
the wrongdoer to intent is an element
so it is obliterated prove that he acted of the crime, the
a. Classification of Felonies i. According to Manner of
Commission without such criminal burden is upon the
Examples: When intent. prosecution to
the repealing law Definition of Terms
A. INTENTIONAL FELONIES (Dolo) establish its
fails to penalize the 1. Crime - an act committed or omitted in
Crime committed with deliberate intent existence.
offense under the violation of a public law forbidding or
old law commanding it. It is a generic term used to
Effect as to Pending Cases refer to a wrongdoing punished by either the Actus Non Facit Reum, Nisi Mens Sit Rea Examples of Crimes requiring Specific
RPC or a special law. [ORTEGA] An act does not make a defendant guilty Criminal Intent
Pending cases are If repeal is favorable
2. Felony – crime punishable under the without a guilty mind. [REYES] 1. Robbery – intent to gain [Art. 293[
dismissed and to the accused,
unserved penalties repealing law must Revised Penal Code (RPC). 2. Theft – intent to gain [Art. 308[
3. Offense – crime punishable under special Mens rea 3. Homicide – intent to kill [Art. 249[
are remitted. be applied except
laws. A guilty mind, a guilty or wrongful purpose or 4. Forcible Abduction – intent of lewd designs
when reservation in
4. Misdemeanor - minor infraction of the law, criminal intent, and essential for criminal [Art. 342[
the law states it
such as a violation of an ordinance. liability. [People v Valenzuela, G.R. No.
does not apply to
pending cases 160188 (2007)] Must be Alleged in Information
Effect when Sentence is Already Being How committed Where the specific intent of the malefactor is
Requirements of Dolo or Malice [FID]: determinative of the crime charged, such
Served Art. 3. Definitions. – Acts and omissions 1. Freedom – Voluntariness on the part of the specific intent must be alleged in the
Offenders are The more lenient punishable by law are felonies (delitos). person who commits the act or omission. information and proved by the prosecution.
entitled to release. law must be applied
2. Intelligence – Capacity to know and [People v. Delim, G.R. No. 142773 (2003)]
except when: (1) Felonies are committed not only by means of understand the consequences of one’s act.
reservation exists in deceit (dolo) but also by means of fault 3. Dolo – Intent to commit the act with malice How proven
law; or (2) when (culpa). is a purely mental process, and is presumed Specific intent may be proved by direct
offender is a
from the proof of the commission of an evidence or by circumstantial evidence
habitual criminal There is deceit when the act is performed unlawful act. Intent presupposes the (inferred from the circumstances of the actions
with deliberate intent and there is fault when exercise of freedom and the use of of the accused as established by evidence).
the wrongful act results from imprudence, intelligence. [REYES, Book 1] [People v. Delim, supra.]
negligence, lack of foresight, or lack of skill.

Page 8 of 286 Page 9 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Intent to Commit the Crime v. Intent to Can be an element Not an essential Rationale: A man must use his common sense B. MALA PROHIBITA
Perpetrate the Act of a felony (if element of a crime, and exercise reflection in all his acts. It is one’s An act that is a crime because it is prohibited
In cases of mala prohibita, there is a conclusive committed by means except for certain duty to be cautious, careful and prudent, and by statute, although the act itself is not
implication of a guilt, despite the honest of dolo). instances. not to expose other people’s lives and property necessarily immoral [Black’s Law Dictionary,
mistake of the offender as to the meaning of at risk of injury or damage. The law penalizes 9th ed.]
the law he violates. In such a case, although thus the negligent or careless act, not the result
the accused did not consciously intend to Mistake of Fact v. Mistake of Law thereof. [Ivler v. Modesto-San Pedro, G.R. No. iii. According to Stages of
commit a crime, there is an intent to commit an Mistake of Fact Mistake of Law 172716 (2010)] Execution
act, and that act is by the very nature of things,
the crime itself. The wording of the law is such As to Definition Requisites of Culpa [FINI]: Art. 6. Consummated, frustrated and
that the intent and the act are inseparable. The 1. Freedom
Misapprehension of Want of knowledge or attempted felonies – Consummated
act is the crime. [U.S. v. Go Chico, G.R. No. 2. Intelligence
fact on the part of acquaintance with the felonies as well as those which are frustrated
4963 (1909)] 3. Negligence or Imprudence
the person causing laws of the land and attempted, are punishable.
injury to another. insofar as they apply
Motive Negligence – It indicates deficiency of A felony is consummated when all the
There is no criminal to the act, relation,
It is the moving power which impels one to perception. It is the failure of a person to pay elements necessary for its execution and
intent. [REYES, at duty, or matter under
action to achieve a definite result [REYES, proper attention and to use diligence in accomplishment are present; and it is
44] consideration [Black's
Book 1] foreseeing the injury or damage impending to frustrated when the offender performs all the
Law Dictionary 435
(9th ed. 2009), at be caused. Often associated with lack of acts of execution which would produce the
Motive is Not Considered as an Element foresight. [REYES, Book 1] felony as a consequence but which,
589[
General Rule: Not an essential element of a nevertheless, do not produce it by reason of
crime As to the Defense of Good Faith Imprudence – It indicates deficiency of action. causes independent of the will of the
A person fails to take the necessary precaution perpetrator.
Exceptions: Good faith is a Good faith is not to avoid injury to another person or damage to
1. When the act brings about variant crimes defense. defense. property. Often associated with lack of skill. There is an attempt when the offender
(e.g. kidnapping v. robbery [People v. Puno, [REYES, Book 1] commences the commission of a felony
G.R. No. 97471 (1993)] An honest mistake Ignorance of the law directly or over acts and does not perform all
2. When identity of perpetrator is in doubt of fact destroys the excuses no one from the acts of execution which should produce
[People v. Hassan, G.R. No. L-68969 presumption of compliance therewith Resulting harm or injury the felony by reason of some cause or
(1988)] criminal (ignorantia legis non Unless the negligent or imprudent act results in accident other than his own spontaneous
3. When there is the need to ascertain the truth intent which arises excusat). harm or injury to another, there is no criminal desistance.
between two antagonistic versions of the upon the liability. [REYES, Book 1]
crime. [People v. De Los Santos, G.R. No. commission of a
131588 (2001)] felonious act. Rule of Negative Ingredient. This rule states Three (3) Stages of Acts of Execution are:
4. When evidence on the commission of the [REYES, Book 1] that: 1. Attempted - When the offender
crime is purely circumstantial 1. The prosecution must first identify what the commences the commission of a felony
accused failed to do. directly by overt acts but does not produce
Requisites of Mistake of Fact as a Defense the felony by reason of some cause or
Intent v. Motive [LIM]: 2. Once this is done, the burden of evidence
accident other than his own spontaneous
Intent Motive 1. The act done would have been Lawful had shifts to the accused.
desistance
the facts been as the accused believed 3. The accused must show that the failure did
As to Nature 2. Frustrated - When the offender performs all
them to be. not set in motion the chain of events leading
the acts of execution which would produce
2. The Intention of the accused in performing to the injury [Carillo v. People, G.R. No.
State of mind Moving power which the felony but does not produce it by reason
the act should be lawful. 86890 (1994)].
accompanying the impels one to action of causes independent of the will of the
act to achieve a definite 3. That the Mistake must be without fault or perpetrator
carelessness on the part of the accused. ii. According to Nature
result [REYES, Book 3. Consummated - When all the elements
1] A. MALA IN SE necessary for its execution and
B. CULPABLE FELONIES accomplishment are present; the felony is
As an Element Crime resulting from negligence, reckless A crime or an act that is inherently immoral,
such as murder, arson, or rape [Black’s Law produced
imprudence, lack of foresight or lack of skill.
Dictionary, 9th ed.]

Page 10 of 286 Page 11 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

NOTE: To be extensively discussed in latter B. LESS GRAVE FELONIES 4. Intriguing against Honor Proximate Cause
parts. Less grave felonies are those which the law 5. Slight physical injuries Proximate cause has been defined as that
punishes with penalties which in their which, in natural and continuous sequence,
iv. According to Gravity of maximum period are correctional. It includes Reconciling Discrepancy in Treatment of a unbroken by any efficient intervening cause,
Penalties those punishable by: Fine Amounting to Exactly ₱40,000 produces injury, and without which the result
1. Prision correccional ● Art. 9 in re: Art. 25 - light felony; use this would not have occurred. [Abrogar v. Cosmos
Art. 9. Grave felonies, less grave felonies 2. Arresto mayor article in determining prescription of crimes Bottling Company and INTERGAMES, Inc.,
and light felonies. - Grave felonies are 3. Suspension ● Art. 26 - correctional penalty; use this article G.R. No. 164749 (2017)]
4. Destierro in determining prescription of penalty
those to which the law attaches the capital
punishment or penalties which in any of their 5. Fine not exceeding ₱1,200,000 but is not When not Considered as Proximate Cause:
periods are afflictive, in accordance with Art. less than ₱40,000 v. According to Plurality of Crimes 1. There is an active force between the felony
25 of this Code. and resulting injury
C. LIGHT FELONIES Three (3) Groups: 2. Resulting injury is due to the intentional act
It includes those punishable by: 1. Continuing Crimes of victim
Less grave felonies are those which the law
1. Arresto menor; or 2. Complex Crimes in Art. 48
punishes with penalties which in their
maximum period are correctional, in 2. Fine not exceeding ₱40,000; or 3. Special Complex Crimes Efficient Intervening Cause
accordance with the above-mentioned Art. 3. Both of the above An intervening cause, to be considered
NOTE: To be discussed extensively in latter efficient, must be "one not produced by a
Light felonies are those infractions of law for Art. 7. When light felonies are punishable parts wrongful act or omission, but independent of it,
the commission of which a penalty of arrest – Light felonies are punishable only when and adequate to bring the injurious result.”
menor or a fine not exceeding 200 pesos or they have been consummated, with the b. Aberratio Ictus, Error in Personae [Abrogar v. Cosmos Bottling Company and
both; is provided. exception of those committed against person and Praeter Intentionem INTERGAMES, Inc, G.R. No. 164749 (2017)]
or property.
For example, a cause which interrupts the
Classification According to Penalties: Art. 4. Criminal Liability – Criminal liability natural flow of events leading to one’s death
1. Grave Felonies When Punishable shall be incurred: may relieve the offender from liability. [REYES,
2. Less Grave Felonies General Rule: Only when consummated 1. By any person committing a felony (delito) Book 1]
3. Light Felonies although the wrongful act done be
Exception: If It involves crimes committed different from that which he intended. Three (3) Modes under Art. 4 (1)
Importance of Classification is to against persons or property
Determine: Error in Aberratio Praeter
WRONGFUL ACT DIFFERENT FROM THAT personae ictus intentionem
1. Whether these felonies can be complexed Rationale: They produce light, insignificant
INTENDED IS PUNISHABLE
2. The prescription of the crime and of the moral, and material injuries that public
Rationale : El que es causa de la causa es Definition
penalty conscience is satisfied with providing a light
cause del mal causado. “He who is the cause
3. Duration of subsidiary penalty to be penalty for their consummation. [REYES, Book Mistake in Mistake in No intention
of the cause is the cause of the evil caused.”
imposed. 1] identity. blow. to commit a
The presumption is that a person intends the
ordinary consequences of his voluntary act. grave so
A. GRAVE FELONIES Who are Punished A felony is When an wrong.
[People v. Toling, G.R. No. L-27097 (1975)]
Those to which the law attaches the capital Principals and accomplices only. [Art. 16, RPC] intended, but offender
punishment or penalties which in any of their there is a intending to
One who commits an intentional felony is
periods are afflictive. It includes those Example of Light Felonies [MATHS]: mistake in do an injury
responsible for all the consequences which
punishable by: 1. Malicious mischief when the value of the the identity of to one
may naturally and logically result therefrom,
1. Reclusion perpetua damage does not exceed ₱40,000 or whether foreseen or intended or not. [People the victim; person
2. Reclusion temporal cannot be estimated [Art. 328, RPC, as v. Herrera, G.R. Nos. 140557-58 (2001)] injuring one actually
3. Perpetual or Absolute Disqualification amended by R.A. 10951] person inflicts it on
4. Perpetual or Temporary Special 2. Alteration of boundary marks mistaken for another.
Requisites [I-DC]:
Disqualification 3. Theft when the value of the thing stolen is another.
1. An Intentional felony has been committed.
5. Prision mayor less than ₱500 and theft is committed under
2. The wrong done to the aggrieved party is Penalty
6. Fine more than ₱1,200,000.00 the circumstances enumerated under Art.
the Direct, natural and logical
308 (3) [Art. 309, (7) and (8), RPC, as
Consequence of the felony committed by
amended by R.A. 10951]
the offender.

Page 12 of 286 Page 13 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Penalty for Penalty for Mitigating 3. Its accomplishment is inherently Not a Defense Impossibility of accomplishing
lesser crime graver circumstance Impossible, or that the means employed is the criminal intent is not a defense but an act
in its offense in its of not either Inadequate or Ineffectual. penalized in itself.
maximum maximum intending to 4. Act performed does Not constitute a
Violation of another provision of the RPC. Impossible Crime v. Attempted v. Frustrated v. Consummated
period [Art. period [Art. commit a
49] 48 on grave so Impossible crime Attempted Frustrated Consummated
complex wrong [Art. Definition of Terms:
crimes] 13] 1. Inadequate - Insufficient (e.g. small Mens Rea ✓ ✓ ✓ ✓
quantity of poison).
2. Ineffectual - Means employed did not
In certain cases, the Court ruled that the Concurrence ✓ ✓ ✓ ✓
produce the result expected (e.g. pressed
mitigating circumstance of lack of intent to the trigger of the gun not knowing that it is
commit so grave a wrong cannot be ✗ ✗
empty). ✗
appreciated where the acts employed by the 3. Inherent Impossibility – Can pertain to: Not produced by reason Not produced by
Result Not produced ✓
accused were reasonably sufficient to produce a. Legal impossibility – where the intended of inherent impossibility reason of causes
by reason of
the death of the victim. [People v. Sales, G.R. acts, even if completed, do not amount or employment of independent of the will
desistance
No. 177218(2011)] to a crime [Intod v CA, G.R. No. 103119 inadequate means of the perpetrator
(1992)]
There is no felony in the following Causation ✗ ✗ ✗ ✓
instances: Example: Killing a person who is
1. There is no law punishing the crime (i.e., already dead [Intod v CA, G.R. No.
attempting suicide is not a crime, per se). d. Stages of Execution
103119 (1992)]. Development of a Crime
However, if death or injury results to another
because of such attempt, then a liability Three (3) Stages of Acts of Execution are: 1. Internal Acts - intent, ideas and plans; not
b. Physical or factual impossibility – 1. Attempted - When the offender punishable, even if, had they been carried
arises. [REYES, Book 1] Extraneous circumstances unknown to
2. There is a justifying circumstance (i.e., one commences the commission of a felony out, they would constitute a crime [REYES,
the actor or beyond his control prevent directly by overt acts but does not produce Book 1]
acting in self-defense is not committing a the consummation of the intended
felony). [REYES, Book 1] the felony by reason of some cause or
crime. accident other than his own spontaneous 2. External Acts
desistance a. Preparatory Acts – acts tending toward
c. Impossible Crimes Example: The alteration, or even 2. Frustrated - When the offender performs all the crime but with no direct connection
destruction, of a losing sweepstakes the acts of execution which would produce with the crime. [REYES, Book 1]
Art. 4. Criminal Liability – Criminal liability ticket could cause no harm to anyone the felony but does not produce it by reason
shall be incurred: and would not constitute a crime were it of causes independent of the will of the General Rule: Not punished since these
not for the attempt to cash the ticket so perpetrator acts do not yet constitute even the first
altered as a prize-winning number. 3. Consummated - When all the elements stage of the acts of execution
By any person performing an act which would
[People v. Balmores, G.R. No. L-1896 necessary for its execution and Exception: When considered by law as
be an offense against persons or property,
(1950)] accomplishment are present; the felony is independent crimes (i.e. Art. 304 –
were it not for the inherent impossibility of its
accomplishment or on account of the produced possession of picklocks)
No Attempted or Frustrated Impossible
employment of inadequate or ineffectual Crime Two (2) Phases of Felony b. Acts of Execution - Usually overt acts
means. Since the offender in an impossible crime has 1. Subjective Phase - It is that portion of the with a logical relation to a particular
already performed the acts for the execution of act constituting the crime, starting from the concrete offense and is already
Rationale: To suppress criminal propensity or the same, there could be no attempted point where the offender begins the punishable under the RPC. [REYES,
criminal tendencies. Objectively, the offender impossible crime. commission of the crime to that point where Book 1]
has not committed a felony, but subjectively, he he still has control over his acts, including
is a criminal. There is no frustrated impossible crime either, their natural course. [REYES, Book 1] FACTORS IN DETERMINING STAGE OF
because the acts performed by the offender 2. Objective Phase- It is that portion of acts EXECUTION OF FELONY
Requisites [OPP- EI- III- NV]: are considered as constituting a consummated after the subjective phase, the result of the 1. Manner of Committing the Crime
1. Act performed would be an Offense against offense. acts of execution [People v. Villanueva, a. Formal Crimes - consummated in one
Persons or Property. G.R. No. 160188 (2007)] instant, no attempt [ALBERT, cited in
2. Act was done with Evil Intent. REYES, Book 1 at 120.]

Page 14 of 286 Page 15 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Example: The mere act of selling or Other than his own spontaneous consummation of the crime does not Due to
even acting as a broker to sell marijuana desistance. depend upon the extent of the damage reasons
or other prohibited drugs consummates caused. [People v. Hernandez, G.R. No. L- Due to
other than
the crime. [People v. Marcos, G.R. No. When is a Crime Commenced: 31770 (1929)] intervening
the
83325 (1990)] 1. There are external acts. 3. Bribery and Corruption of Public Officers - If causes
spontaneou -
b. Crimes Consummated by Mere 2. Such external acts have a direct connection there is a meeting of the minds, there is independent of
s
Attempt or Proposal by Overt Act with the crime intended to be committed. consummated bribery or consummated the will of the
desistance
Examples: Flight to enemy’s country corruption. [US v. Basa, 8 Phil. 89 (1907)] perpetrator
of the
[Art. 121] and Corruption of Minors [Art. Definition of Terms: 4. Theft - Once there is unlawful taking, theft is perpetrator
340] 1. Overt Act - Some physical activity or deed, consummated. It does not matter how long
c. Felony by Omission indicating the intention to commit a the property was in the possession of the As to Position in the Timeline
There can be no attempted stage when particular crime. It is more than a mere accused; it does not matter whether the
the felony is by omission, because the planning or preparation. [REYES, Book 1] property was disposed or not [Valenzuela v. Offender is
offender does not execute acts, rather 2. Desistance: People, G.R. No. 160188 (2007)]. already in the
Offender
he omits to perform an act which the General Rule: An absolutory cause which objective
still in
law requires him to do. [REYES, Book negates criminal liability provided that the C. CONSUMMATED phase Offender is in
subjective
1] desistance was made when the acts done Requisite: All the elements necessary for its because all the objective
phase
d. Crimes Consummated by Mere have not yet resulted in any felony. execution and accomplishment are present. acts of phase as all
because he
Agreement Desistance is recognized only in the execution are acts of
still has
Examples: In betting in sports contests attempted stage of the felony. Indeterminate Offense already execution are
control of
and corruption of public officer [Art. 197 It is one where the intent of the offender in present and already
his acts,
and Art. 212], the manner of Exemption: In certain cases, although performing an act is not certain. The accused the cause of present and a
including
committing the crime requires the negated at the attempted stage, but there may be convicted of a felony defined by the its non- felony is
their accomplishme
meeting of the minds between the giver may be other felonies arising from his act. acts performed by him up to the time of produced
natural nt is other than
and the receiver. [US v. Basa, 8 Phil. Example: An attempt to kill that results in desistance. cause.
89 (1907)] physical injuries still leads to liability for the the offender’s
e. Material Crimes injuries inflicted. The intention of the accused must be viewed will
Those committed with three (3) stages from the nature of the acts executed by him and
of execution. B. FRUSTRATED the attendant circumstances, and not from his e. Continuing Crimes
Elements [AFN]: admission. Continuing Crime
2. Elements of the Crime 1. Offender performs All the acts of execution Single crime consisting of a series of acts
The existence of certain elements is a factor in 2. All the acts performed would produce the Attempted v. Frustrated v. Consummated arising from a single criminal resolution or
determining its consummation. [REYES, Book Felony as a consequence Attempted Frustrated Consummate intent not susceptible of division.
1] 3. But the felony is Not produced by reason of Felony Felony d Felony
causes independent of the will of the Requisites [PA- UP- UCIP]:
3. Nature of the Crime Itself perpetrator. As to Acts Performed 1. Plurality of Acts;
There are certain crimes requiring a specific 2. Unity of Penal provision infringed upon;
criminal intent. Overt acts
All acts of and
Examples: Robbery, Theft, Rape (See: Not all crimes have a Frustrated Stage of
execution are 3. Unity of Criminal Intent and Purpose
Discussion on Specific Criminal Intent) General Rule: Felonies that do not require any execution
finished
result do not have a frustrated stage. are started All acts of
BUT One Larceny Doctrine
THREE (3) STAGES OF EXECUTION: BUT execution are
Crime sought For prosecution of theft cases, the one larceny
A. ATTEMPTED Crimes which do not admit of frustrated Not all acts finished
to be doctrine provides that the taking of several
Elements [CNDO]: stage [RABT]: of
committed is things, whether belonging to the same or
1. The offender Commences the commission 1. Rape - Once there is penetration, no matter execution
not achieved different owners, at the same time and place,
of the felony directly by overt acts. how slight it is, the offense is consummated. are present
constitutes one larceny only so long as there is
2. He does Not perform all the acts of [People v. Orita, G.R. No. 88724 (1990)] As to Why a Felony is Not Produced a single criminal impulse. [Santiago v. People,
execution which should produce the felony. 2. Arson – The crime of arson already G.R. No. 109266 (1993)]
3. The non-performance of all acts of consummated even if only a portion of the
execution was Due to cause or accident wall or any part of the house is burned. The

Page 16 of 286 Page 17 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Examples: Examples on Real Plurality: Examples: o Where both penalties provide for
1. Insurrection, Rebellion, Subversion, and 1. The act of firing one’s revolver twice in 1. A single bullet killing two persons [People v. imprisonment - penalty to be imposed
other crimes and offenses committed in the succession, killing one person and wounding Pama, C.A., 44 O.G. 3339 (1992)] is the penalty for the most serious crime,
furtherance, on the occasion thereof, or another. [U.S. v. Ferrer, 1 Phil. 56 (1901)] 2. The act of raping a girl, causing her physical applied in its maximum.
incident thereto [In the Matter of Petition for 2. Two persons are killed one after another by injuries which required medical attention for o Where one of the penalties is
Habeas Corpus of Roberto Umil, G.R. No. different acts. [People v. Olfindo, 47 Phil. 1 about 20 days. This is a complex crime of imprisonment and the other is fine -
81567 (1990)] (1924)] rape with less serious physical injuries. only the penalty of imprisonment should
2. Eight robberies as component parts of a [U.S. v. Andaya, 34 Phil. 690 (1916)] be imposed.
general plan. [People v. De la Cruz, G.R. Transitory Crime v. Continuing Crime 4. When the other offense is not proven -
No. L-1745 (1950)] Offense where some acts material and Light Felonies accused can be convicted of the other.
essential to the crimes and requisite to their Light felonies produced by the same act should Art. 48 is Not Applicable in the following
How Applied commission occur in one territory and some be treated and punished as separate offenses instances [ESTRADA, Book 1]:
Whenever the Supreme Court concludes that acts are done in another. [AAA v. BBB, G.R. or may be absorbed by the grave felony. a. When the crimes have common
the criminals should be punished only once, No. 212448 (2018)] elements;
because they acted in conspiracy or under the 2. COMPLEX CRIME b. When the crimes involved are subject to
same criminal impulse: The theory is that a person charged with a Requisites [2-N-SS]: the rule of absorption;
● It is necessary to embody these crimes transitory offense may be tried in any 1. That at least 2 offenses are committed c. Where the two offenses resulting from a
under one single information. jurisdiction where the offense is in part 2. That one or some of the offenses must be single act are specifically punished as a
● It is necessary to consider them as complex committed. [Tuzon v. Cruz, G.R. No. L-27410 Necessary to commit the other single crime.
crimes even if the essence of the crime (1975)] • Does not need to be “indispensable Example: Less serious physical injuries
does not fit the definition of Art 48, because means” with serious slander of deed, since this is
there is no other provision in the RPC. Examples: 3. That both or all the offenses must be punished under Art. 265 (2)
1. Estafa – its necessary elements (deceit and punished under the Same Statute. d. Acts penalized under Art. 365 (those
Application to Special Laws damage) may take place in different resulting criminal negligence) [Ivler v.
The concept is applicable to crimes under territorial jurisdictions [Gamboa v. CA, G.R. When No Complex Crime Proper Modesto-San Pedro, supra.]
special laws. This is in line with Art. 10 which No. L-41054 (1975)] 1. Subsequent acts of intercourse, after e. In special complex crimes or composite
states that the RPC shall be supplementary to 2. Violation of BP No. 22 (Bouncing Checks forcible abduction with rape, are separate crimes.
special laws, unless the latter provides the Law) [Uy v. CA, G.R. No. 119000 (1997)] acts of rape
contrary. 2. When trespass to dwelling is a direct means 3. SPECIAL COMPLEX CRIMES
f. Complex Crimes and Composite to commit a grave offense In substance, there is more than one crime; but
Real or Material Plurality v. Continuing 3. When one offense is committed to conceal from the eyes of the law, there is only one. The
Crimes
Crime the other law treats it as a single crime for which it
4. Where one of the offenses is penalized by prescribes a single penalty. It is also called a
Real or Material Art. 48. Penalty for complex crimes –
Continuing Crime special law composite crime.
Plurality When a single act constitutes two or more 5. There is no complex crime of rebellion with
There is a series of acts performed by the grave or less grave felonies, or when an murder, arson, robbery, or other common Requisites [2-SI-SCI]:
offender. offense is a necessary means for committing 6. In case of continuous crimes. 1. 2 or more crimes are committed
the other, the penalty for the most serious 7. When the other crime is an indispensable 2. But the law treats them as a Single,
As to the Number of Crimes Committed crime shall be imposed, the same to be element of the other offense. Indivisible, and unique offense
applied in its maximum period. 3. Product of Single Criminal Impulse
Each act performed The different acts
General Rules in Complexing Crimes
constitutes a constitute only one Examples:
1. COMPOUND CRIME 1. Information – only one (1) shall be filed
separate crime crime because all of Requisites [S-S21]: 1. Robbery with Homicide [Art. 294 (1)]
2. Jurisdiction - When two crimes produced
because each act is the acts performed 1. That only a Single act is performed by the 2. Robbery with Rape [Art. 294 (2)]
by a single act are respectively within the
generated by a arise from one offender 3. Kidnapping with serious physical injuries
exclusive jurisdiction of two courts of
criminal impulse criminal resolution. 2. That the single act produces: [Art. 267 (3)]
different jurisdiction, the court of higher
a. 2 or more grave felonies, or jurisdiction shall try the complex crime. 4. Rape with Homicide [Art. 335]
b. 1 or more grave and 1 or more less grave 3. Penalty
felonies, or 2 or more less grave felonies

Page 18 of 286 Page 19 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Compound Crime v. Complex Crime Proper v. Special Complex Crime 2. Circumstances Affecting Criminal Liability
Compound Crime Complex Crime Proper Special Complex Crime Circumstances Affecting Criminal Liability, Distinguished [Reyes, Book 1]
(delito compuesto) (delito complejo) (delito especial complejo) As to lawfulness of act As to presence of As to presence of
criminal liability civil liability
Definition Justifying No Felony No Criminal Liability No Civil Liability
Except
Single act constitutes two or An offense is a necessary The law fixes one penalty for
Par. 4
more grave or less grave means to commit another two or more crimes committed.
Exempting There is a Felony With Civil Liability
felonies [Art. 48]. offense [Art. 48].
Except
Par. 4 & 7
Mitigating Decreased Criminal With Civil Liability
Liability

Aggravating Increased Criminal

Elements Liability

Requisites [S-S21]: Requisites [2-N-SS]: Requisites [2-SI-SCI]: Increased or Decreased

Alternative
1. That only a Single act is 1. That at least 2 offenses are Criminal Liability
performed by the offender committed 1. 2 or more crimes are
2. That the single acts 2. That one or some of the committed
produces: offenses must be Necessary 2. But the law treats them as a a. Justifying Circumstances [Art. 11]
a. 2 or more grave felonies, to commit the other Single, Indivisible, and
or 3. That both or all the offenses unique offense Justifying Circumstances [REYES, Book 1]
a. 1 or more grave and 1 or must be punished under the 3. Product of Single Criminal Where the act of the person is said to be in accordance with the law, so that such person is deemed
more less grave felonies, Same Statute. Impulse not to have transgressed the law.
or 2 or more less grave ● Basis: Lack of dolo
felonies ● Criminal Liability: None; there is no crime committed, the act being justified.
Imposable Penalty ● Civil Liability: None, except in par. 4, Art. 11 (avoidance of greater evil), where the civil liability is
borne by the persons benefited by the act in proportion to the benefit they may have received [Art.
Penalty for most serious crime Penalty for most serious crime That which is indicated in the 101, RPC].
shall be imposed in its shall be imposed in its Revised Penal Code ● Burden of Proof - rests on the accused [People v. Corecor, G.R. No. L-63155 (1988)]
maximum period [Art. 48] maximum period [Art. 48]
Requisites of Each Circumstance [D3AFS]:
Justifying Requisites
circumstance

Defense of person, 1. Unlawful aggression;

right, property, or 2. Reasonable necessity of means employed to prevent or repel it; and
honor (URL) 3. Lack of sufficient provocation on the part of the person defending himself.

Defense of relatives 1. Unlawful aggression;

(URN) 2. Reasonable necessity of means employed to prevent or repel it; and
3. Lack of sufficient provocation on part of relative, or, in case of
provocation, the one making the defense had No part therein.

Defense of 1. Unlawful aggression;

strangers (URI) 2. Reasonable necessity of the means employed to prevent or repel it; and

Page 20 of 286 Page 21 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. The person defending was not Induced by revenge, resentment or other Exception: When the aggressor retreats to No Unlawful Aggression
evil motive. obtain a more advantageous position to There is no unlawful aggression in the following
ensure the success of the initial attack, circumstances:
unlawful aggression is deemed to continue. a. When there is an agreement to fight and
Avoidance of 1. Evil sought to be avoided actually Exists. [REYES, Book 1] the challenge to fight was accepted.
greater evil (ENIM) 2. Evil or injury must Not have been produced by the one invoking the e. Picking up a weapon is unlawful [People v. Navarro, G.R. No. L-1878
justifying circumstances. aggression if circumstances show that the (1907)]
3. Injury feared be greater than that done to avoid it; and intention is to harm the defendant. [People Exception: When the aggression which is
4. There are no other practical and less harmful Means of preventing it. v. Javier, 46 O.G. No. 7 (1950), cited in ahead of an agreed time or place is
REYES, Book 1] unlawful aggression. [Severino Justo v.
Fulfillment of duty or 1. Offender acted in Performance of duty or in the lawful exercise of a right f. Mere belief of an impending attack is not CA, G.R. No. L-8611 (1956)]
lawful exercise of or office; and sufficient but in relation to “mistake of fact,” b. When the paramour kills the offended
right (PN) 2. The injury caused or the offense committed be the Necessary the belief of the accused may be husband who was assaulting him because
consequence of the due performance of duty or the lawful exercise of considered in determining the existence of the husband’s aggression was lawful [Art.
such right or office. unlawful aggression [People v. Bautista, 247, RPC] [U.S. v. Merced, G.R. No. 14170
G.R. No. L-8611 (1956)]. (1918)].
Obedience to 1. Order must have been issued by a superior;
Superior order 2. The order is for some lawful Purpose; and c. Reasonable force made by a police officer
Considerations in Determining Existence of to arrest a suspect [People v. Calip, et al.,
(OPM) 3. Means used to carry it out must be lawful.
Unlawful Aggression: 3 C.A. Rep. 808, cited in REYES, Book 1]
1. Physical & objective circumstance (e.g.
wound received by deceased) [People v. b. Reasonable Necessity of Means
1. DEFENSE OF PERSON, RIGHTS, REQUISITES: Dorico, G.R. No. L-31568 (1973)] Employed
PROPERTY, AND HONOR (SELF- a. Unlawful Aggression 2. Lack of motive of person defending himself
DEFENSE) This is the single indispensable element in [People v. Berio, G.R. No. 40602 (1934)] Requisites:
Self-Defense, Defense of Relatives, and 3. Conduct of accused immediately after the a. Necessity of the:
Requisites: [URL] Defense of Strangers [REYES, Book 1] incident [People v. Boholst-Caballero, G.R. b. course of action taken
1. Unlawful aggression; No. L-23249 (1974)] c. means employed
2. Reasonable necessity of means employed Peril to one’s life, limb, or right is d. The above must be reasonable [REYES,
to prevent or repel it; and a. Actual; and When in Retaliation Book 1]
3. Lack of sufficient provocation on the part of b. Imminent When the killing of the deceased by the
the person defending himself. accused was after the attack made by the Doctrine of Rational Equivalence
It presupposes actual, sudden, and former, the accused must have no time nor Rational equivalence presupposes the
Why Self-Defense is Lawful unexpected attack or imminent danger thereof, occasion for deliberation and cool thinking. consideration not only of the nature and quality
● Impulse of self-preservation; not merely threatening or intimidating attitude. When unlawful aggression ceases, the of the weapons used by the defender and the
● State cannot provide protection for each of [People v. Colinares, G.R. No. 182748 (2011)] defender has no longer any right to kill or assailant, but of the totality of circumstances
its constituents. [REYES, Book 1] wound the former aggressor, otherwise, surrounding the defense vis-à-vis the unlawful
Rules in Unlawful Aggression: retaliation and not self-defense is committed aggression. [Espinosa v. People, G.R. No.
No Accidental Self-Defense a. Aggression must be unlawful [REYES, [People v. Bates, G.R. No. 139907 (2003)]. 181071 (2010)]
Self-defense implies a deliberate and positive Book 1]
overt act of the accused to prevent or repel an b. The peril to one’s life, limb, [People v. Lawful Aggression As to whether the means employed is in
unlawful aggression of another with the use of Sumicad, G.R. No. 35524 (1932)] or right Aggression is lawful when it is done: proportion to the harm done does not depend
reasonable means. The accused has freedom is actual and imminent. [REYES, Book 1] 1. For the fulfillment of a duty [People v. on harm done, but the imminent danger of such
of action, and is aware of the consequences of c. Unlawful aggression must be a continuing Gayraina, G.R. Nos. 39270 & 29271 injury. [People v. Gutual, G.R. No. 115233
his acts. From necessity, and limited by it, circumstance or must have been existing at (1934), cited in REYES, Book 1] (1996)]
proceeds the right of self-defense. [People v. the time the defense is made. [People v. 2. In the exercise of a right in a more or less
Toledo, G.R. No. L-28655 (2004)] Dijan, G.R. No. 142682 (2002)] violent manner [U.S. v. Merced & Patron, Perfect equality between the weapon used by
d. Retaliation is not allowed when unlawful G.R. No. 14170 (1918)] the one defending himself and that of the
aggression ceases. [People v. Cajurao, aggressor is not required, nor is the material
G.R. No. 122767 (2004), cited in REYES, commensurability between the means of attack
Book 1]

Page 22 of 286 Page 23 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

and defense. Rational equivalence is enough. Provocation is sufficient when it is A slap on the face is also considered as
3. The battered woman realizes that she
[People v. Samson, G.R. No. 214883, (2015)] proportionate to the aggression. [People v. unlawful aggression since the face represents
cannot reason with him and resistance
Boholst-Caballero, supra] a person and his dignity. [Rugas v. People,
would only worsen her condition.
Test of Reasonableness [REYES, Book 1] G.R. No. 147789 (2004)]
Reasonableness depends upon the: Requisite is Present when: [No PSDP]
Third Phase: Tranquil Period
1. Nature and quality of the weapon used by 1. No Provocation at all was given Stand Your Ground Principle
1. Characterized by guilt on the part of
the aggressor 2. Even if provocation was given, it was not A person is justified in the use of deadly force
the batterer and forgiveness on the
2. Aggressor’s physical condition, character, Sufficient and does not have a duty to retreat if he
part of the woman.
size, and other circumstances 3. Even if the provocation was sufficient, it was reasonably believes that such force is
2. The batterer may show a tender and
3. Circumstances of those of the person not given by the person Defending himself necessary to prevent imminent death or great
nurturing behavior towards his partner
defending himself 4. Even if the provocation was given by the bodily harm to himself or herself. [U.S. v
and the woman also tries to convince
4. Place and occasion of the assault person defending himself, it was not Domen, G.R. No. L-12963 (1917)]
herself that the battery will never
Proximate and immediate to the act of
happen again and that her partner will
When the Assault was Without Use of aggression. [Cano v. People, G.R. No. ANTI-VIOLENCE AGAINST WOMEN AND
change for the better. [People v.
Weapon 155258 (2003)] THEIR CHILDREN ACT OF 2004 (R.A. 9262)
Genosa, G.R. No. 135981 (2004)]
General Rule: A man is not justified in taking Battered Woman Syndrome
the life of one who assaults him with his fist Insults Scientifically defined pattern of psychological
only, without the use of a dangerous weapon. General Rule: Verbal argument is not and behavioral symptoms found in women Characteristics of BWS [FIFI]
considered sufficient provocation. living in battering relationships as a result of 1. The woman believes that the violence was
Exception: Where the person assaulted has cumulative abuse. [Sec. 3(c), R.A. 9262] her Fault;
retreated to the wall and uses in a defensive Exception: Insults in vulgar language are. 2. She has an Inability to place the
way the only weapon at his disposal. [People People v. Genosa doctrine responsibility for the violence elsewhere;
v. Sumicad, G.R. No. 35524 (1932)] SUBJECTS OF SELF-DEFENSE Battered woman syndrome (BWS) is 3. She Fears for her life and/or her children’s
1. Defense of person characterized by a “cycle of violence”, which is life
NOTE: The general rule contemplates the 2. Defense of rights made up of three phases. For the BWS to be 4. She has an Irrational belief that the abuser
situation where the contestants are in the open 3. Defense of property [REYES, Book 1] available as a defense, it must be proven that is omnipresent and omniscient. [People v.
and the person can opt to run away. there has been more than one cycle. [People Genosa, supra, cited in REYES, Book 1]
Defense of Property v. Genosa, G.R. No. 135981 (2004)]
Rules in Use of Firearms The defense of property rights can be invoked Genosa Ruling is Abandoned by RA No.
1. If the attacker is already disarmed - there if there is an attack upon the property, although 9262
First Phase: Tension Building Phase
is no need to further use violence. [People it is not coupled with an attack upon the person Under the Genosa ruling, BWS is valid as a
1. Where minor battering occurs, it could
v. Masangkay, G.R. No. L-73461 (1988)] of the owner of the premises, so long as all the defense only when all the requisites of self-
be a verbal or slight physical abuse or
2. If the attacker was disarmed but elements for justification must however be defense are present.
another form of hostile behavior.
struggled to re-obtain the weapon - present. [People v. Narvaez, G.R. No. L-
2. The woman tries to pacify the batterer Sec. 26 of RA No. 9262 abandons the
violence may be justified. [People v. 33466-67 (1983)]
through a show of kind, nurturing precedent set by Genosa case, which states
Rabandaban, G.R. No. L-2228 (1950)]
behavior, or by simply staying out of that “victim-survivors who are found by the
3. The one defending must aim at the Examples of Other Subjects of Self-Defense
the way. courts to be suffering from battered woman
defendant and not indiscriminately fire his 1. Defense of Home
3. But this proves to be unsuccessful as syndrome do not incur any criminal and civil
deadly weapon. [People v. Galacgac, C.A., Violent entry to another’s house at nighttime;
it only gives the batterer the notion that liability notwithstanding the absence of any
54 O.G. 1027, cited in REYES, Book 1] by a person who is armed with a bolo; and
he has the right to abuse her. of the elements for justifying
forcing his way into the house, shows he was
Interpretation ready and looking for trouble. [People v. circumstances of self-defense under the
Second Phase: Acute Battering Incident RPC”.
This element should be interpreted liberally in Mirabiles, 45 O.G., 5th Supp., 277, cited in
1. Characterized by brutality,
favor of the law-abiding citizen. [People v. So, REYES, Book 1]
destructiveness, and sometimes 2. DEFENSE OF RELATIVES
5 CAR [2s] 671, 674, cited in REYES, Book 1]
death.
2. Defense of Honor and Reputation
2. The battered woman has no control;
c. Lack of Sufficient Provocation Placing a hand by a man on the woman’s upper Requisites [URL]
only the batterer can stop the violence. a. Unlawful aggression
The accused who claims self-defense must not thigh is unlawful aggression. [People v.
have provoked the aggression of the victim. Jaurigue, C.A. No. 384 (1946)]. b. Reasonable necessity of means employee;
and

Page 24 of 286 Page 25 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

c. Lack of sufficient provocation on part of Stranger Police Officers performing the act be innocent. [People. v.
relative, or, in case of provocation, the one Any person not included in the enumeration of The law does not clothe police officers with Beronilla, G.R. No. L-4445 (1955)]
making the defense had no part therein. relatives under par. 2 of Art. 11. [REYES, Book authority to arbitrarily judge the necessity to kill, 2. One who prepared a falsified document with
1] but must be within reasonable limits [People v full knowledge of its falsity is not excused
Rationale: This justifying circumstance is Ulep, G.R. No. 132547 (2000)]. even if he merely acted in obedience to the
found not only upon a humanitarian sentiment, 4. STATE OF NECESSITY (AVOIDANCE instruction of his superior, because the
but also upon the impulse of blood which OF A GREATER EVIL) Warning Shot instruction was not for a lawful purpose.
impels men to rush, on the occasion of great To justify the killing by a policeman of a [People. v. Barroga, G.R. No. L-31563
perils, to the rescue of those close to them by Requisites [ENIM]: suspected robber as fulfillment of his lawful (1930)]
ties of blood. [REYES, Book 1] a. Evil to be avoided actually Exists duty, he must have first fire a warning shot 3. A soldier who tortured to death the
b. Evil or injury is Not produced by the one before shooting. [Mamangun v. People, G.R. deceased in obedience to the order of his
Relatives Covered by Par. 2 [SAD-SiRC] invoking the justifying circumstance No. 149152 (2007)] sergeant is not exempt from liability
1. Spouse c. Injury feared by greater than that done to because the order to torture the deceased
2. Ascendants avoid it; and However, the directive to issue a warning was illegal, and the accused was not bound
3. Descendants d. No other practical and less harmful Means contemplates a situation where several options to obey it. [People. v. Margen, et al., G.R.
4. Legitimate, natural, or adopted Siblings, or of preventing it are available to the officers. When the threat to No. L-2681 (1950)]
relatives by affinity in the same degrees the life of the law enforcer was imminent and
(parents-in-laws, children-in-law, siblings- Civil Liability there was no other option but to use force, a b. Exempting Circumstances [Art. 12]
in-law) It is only in this paragraph that the person police officer conducted himself in the lawful
5. Relatives by Consanguinity within 4th civil accused incurs civil liability despite the exercise of a right. [People v Cabanlig, G.R. Exempting Circumstances [REYES, Book 1]
degree justifying circumstance. Said liability is borne No. 148431 (2005)]. Grounds for exemption from punishment
by the person benefited by the act. because the agent of the crime is wanting any
Person Being Defended Still in Danger 6. OBEDIENCE TO AN ORDER ISSUED of the conditions which make the act voluntary
Unlawful aggression can be made to depend State of Necessity FOR SOME LAWFUL PURPOSE or negligent.
on the honest belief of the one making a There is necessity when the situation is of
defense. However, one may no longer be grave peril, actual or imminent. It is Requisites [OPM]
exempt from criminal liability when he or the indispensable that the state of necessity is not a. An Order has been issued by a superior The reason for the exemption lies on the
person being defended is no longer in danger brought about by intentional provocation on the b. Such order must be for some lawful complete absence of intelligence, freedom of
of bodily harm by the aggressor. [US v. part of the party invoking the same. [People v. Purpose; and action, or intent, or on the absence of
Esmedia, G.R. No. L-5740 (1910)] Retubado, G.R. No. 1203058 (2003)] c. The Means used by the subordinate to carry negligence on the part of the accused.
out said order is lawful
3. DEFENSE OF STRANGER Kind of Evil Burden of Proof
The evil contemplated includes injury to Examples: Prosecution has the burden of proof to
Requisites [URN] persons and damage to property. This greater 1. Where the accused acted upon orders of establish the guilt of the accused. However,
a. Unlawful aggression evil must not be brought about by the superior officers that they, as military once the defendant admits the commission of
b. Reasonable necessity of the means negligence or imprudence of the accused. [Ty subordinates, could not question, and the offense charged, but raises an exempting
employed; and v. People, G.R. No. 149275 (2004)] obeyed in good faith, without being aware of circumstance as a defense, the burden of proof
c. Person defending was Not induced by their illegality, without any fault or is shifted to him. [People v. Concepcion, G.R.
revenge, resentment, or other evil motive 5. FULFILLMENT OF DUTY OR LAWFUL negligence on their part, the act is not No. 148919 (2002)]
EXERCISE OF RIGHT OR OFFICE accompanied by criminal intent. A crime is
NOTE: Motive is relevant only in this kind of not committed if the mind of the person
defense. Requisites [PN]:
a. The accused acted in the Performance of a
Rationale: What one may do in his defense, duty or on the lawful exercise of a right or
another may do for him. The ordinary man office; and
would not stand idly by and see his companion b. The injury caused or offense committed be
killed without attempting to save his life. [U.S. the Necessary consequence of the due
v. Aviado, G.R. No. 13397 (1918)] performance of duty or the lawful exercise
of such right or office.

Page 26 of 286 Page 27 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Justifying v. Exempting Circumstances 1. INSANITY OR IMBECILITY Rules in Insanity

Justifying Circumstances Exempting 1. Presumption of Sanity
[Art. 11, RPC] Circumstances Imbecile Burden of proof of insanity is on the
[Art. 12, RPC] One who, while advanced in age, has a mental defense. [People v. Aquino, G.R. No.
As to Effect of Circumstance development comparable to that of a child 87084 (1990)]
It affects the act, not the actor. It affects the actor, not the act. between 2 and 7 years of age. [REYES, Book 2. Insanity should exist before or at the
1] moment of the act or acts under
As to Lawfulness of Act prosecution [People v. Aquino, supra]
The act is considered to have been done within The act complained of is actually wrongful, Feeblemindedness is not Imbecility Insanity subsequent to commission of
the bounds of law; hence, legitimate and lawful in but the actor is not liable. For imbecility, it is necessary that there is a crime is not exempting. He is presumed to
the eyes of the law. complete deprivation of intelligence in be sane when he committed it. [U.S. v.
Since the act complained of is actually wrong, committing the act. Feeblemindedness may, Guevara, G.R. No. 9265 (1914)]
Since the act is considered lawful, there is no there is a crime but since the actor acted however, be considered a mitigating 3. There must be a complete deprivation of
crime. without voluntariness or negligence, there is circumstance. [People v. Formigones, G.R. intelligence in committing the act.
no dolo or culpa. No. L-3246 (1950)] Mere abnormality of the mental faculties
will not exclude imputability. [People v.
As to Liability Insanity Formigones, supra; Art. 13, par. 9, RPC,
There is no criminal liability and no civil liability There is no criminal liability but there is civil A complete deprivation of intelligence in cited in REYES, Book 1]
(except: avoidance of greater evil where civil liability (except: accident; insuperable cause). committing the act, but capable of having lucid
liability is borne by persons for whose benefit the intervals. Mere abnormality of mental faculties How Proven
harm has been prevented.) is not enough especially if the offender has not The state or condition of a person’s mind can
lost consciousness of his acts. [People v. only be measured and judged by his behavior.
Formigones, supra, cited in REYES, Book 1]
Requisites of Each Circumstance [IMDAI-UI] Opinion Testimony
Exempting Requisites Basis General Rule: Insanity is an exempting Establishing the insanity of an accused
Circumstance circumstance requires opinion testimony which may be given
Insanity or imbecility Imbecile or insane person did not act during lucid Absence of Exception: During a lucid interval, the insane by a witness who is intimately acquainted with
interval intelligence acts with intelligence, thus, is not exempt from the accused, by a witness who has rational
Minority; Without 1. Accused is 15 years old and Below; and Absence of criminal liability. basis to conclude that the accused was insane
Discernment 2. Accused is Between 15 and 18 years old, and he intelligence based on the witness’ own perception of the
(15B-Bet1518WD) acted Without Discernment Remission of Symptoms accused, or by a witness who is qualified as an
Accident (LDAW) 1. A person is performing a Lawful act; Lack of One suffering from psychosis who takes expert, such as a psychiatrist. The testimony or
2. Act was done with Due care; negligence and medication is “in remission of symptoms”; proof of the accused’s insanity must relate to
3. He causes an injury to another by mere Accident; intent meaning, he would not actively exhibit the the time preceding or coetaneous with the
and symptoms of psychosis and it is only when one commission of the offense with which he is
4. Without fault or intention of causing it. fails to take his medication and/or drinks charged. [People v. Madarang, G.R. No.
Irresistible force 1. There is compulsion is by means of Physical force; Absence of alcohol that the symptoms of psychosis may be 132319 (2000)]
(PIT) 2. Physical force must be Irresistible; and freedom triggered, depriving one of his will. However,
3. Physical force must come from a Third person. that one is in remission of symptoms or has Two (2) Tests: Test of:
Uncontrollable fear 1. Existence of an uncontrollable fear Absence of failed to take the prescribed medicine is not a 1. Cognition - Whether the accused acted
(ERIGE) 2. Fear must be Real and Imminent. freedom conclusive finding as to the sanity of the with complete deprivation of intelligence;
3. Fear of an injury is Greater than or Equal to that accused at the time of the commission of the and
committed. crime. Psychotic may have varying degrees of 2. Volition - Whether the accused acted in
Insuperable or lawful 1. That an act is Required by law to be done; Lack of intent awareness of the consequences of his acts, total deprivation of freedom of will. [People
cause (RFLi) 2. That a person Fails to perform such act; which awareness would also depend on the v. Rafanan, G.R. No. L-54135 (1991)]
3. That his failure to perform such act was due to some degree of psychosis at the time of the
Lawful or insuperable cause commission of the act. [People v. Antonio, Jr.,
G.R. No. 144266 (2002)]

Page 28 of 286 Page 29 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Mental Illnesses Covered After Judgment Execution of judgment is Discernment 3. ACCIDENT

Cases covered under this article are: or while serving suspended and the Capacity of the child at the time of the
[MEPSleD] sentence accused is committed to commission of the offense to understand the Something that happens outside the sway of
1. Malignant malaria, which affects the a Hospital. differences between right and wrong and the our will and, although coming about through
nervous system [People v. Lacena, G.R. consequences of the wrongful act. [Sec. 4, some act of our will, lies beyond the bounds of
No. 46836 (1940)] The period of A.M. No. 01-1-18-SC, Revised Rule on humanly foreseeable consequences. [REYES,
2. Epilepsy [People v. Mancao and Aguilar, confinement in the Children in Conflict with the Law] Book 1]
G.R. No. L-26361 (1927)] hospital is counted for
3. Psychosis or schizophrenia, except when the purpose of the Presumption of Minority Requisites [LDAW]
in remission of symptoms [People v. A child in conflict with the law enjoys the a. A person is performing a Lawful act;
prescription of the
Antonio, Jr., G.R. No. 144266 (2002)] penalty. presumption of minority. [Sec. 5, A.M. No. 01- b. Act was done with Due care;
4. Somnambulism: Sleep-walking [People v. 1-18-SC]. In case of doubt as to the age of the c. He causes injury by mere Accident; and
Taneo, G.R. No. L-37673 (1933)] child, it shall be resolved in his/her favor. [Sec. d. Without fault or intention of causing it
5. Dementia praecox [People v. Bonoan, G.R. 2. MINORITY 7, R.A. 9344]
No. L-45130 (1937)] NOTE: Pars. 2 and 3 of Article 12, and Art. 80 Accident v. Avoidance of greater evil
of the RPC, have been amended/repealed by Determination of Age
P.D. 603, as amended, and R.A. 9344. Accident Avoidance of
Conditions Not Considered as Insanity 1. Child’s birth certificate [Art. 12(4)] Greater Evil
1. Amnesia - in and of itself, it is no defense to 2. Baptismal certificate
JUVENILE JUSTICE AND WELFARE ACT [Art. 11(4)]
a criminal charge unless it is shown by 3. Other pertinent documents
competent proof that the accused did not OF 2006 (R.A. 9344) 4. In the absence of such documents, age As to Type of Circumstance
know the nature and quality of his action and Definition of Terms: may be based on:
that it was wrong. [People v. Tabugoca, a. Child - person under 18 years. a. Testimony of the child Exempting Justifying
G.R. No. 125334 (1998)] b. Child in conflict with the law - child who b. Testimony of a member of the family
2. Craziness – Unusual behaviors, such as is alleged as, accused of, or adjudged as, related by affinity or consanguinity As to Cause of Damage
smiling to oneself and calling a chicken late having committed an offense under c. Testimony of other persons
at night, are not proof of complete absence Philippine laws. [Sec. 4(e), R.A. 9344] d. Physical appearance of the child Offender accidentally Offender deliberately
of intelligence because not every aberration c. Intervention – a series of activities e. Other relevant evidence [Sec. 5, A.M. caused the damage. caused the damage.
of the mind or mental deficiency constitutes designed to address issues that caused the No. 01-1-18-SC]
insanity. [People v. Miraña, G.R. No. child to commit an offense. It may take the 4. IRRESISTIBLE FORCE
219113 (2018)] form of an individualized treatment Any person alleging the age of the child in
3. Pedophilia – Despite his affliction, a program which may include counseling, conflict with the law has the burden of proving Requisites [PIT]
pedophile could still distinguish between skills training, education, and other the age of such child. [REYES, Book 1] a. There was compulsion by means of
right and wrong. [People v. Diaz, G.R. No. activities that will enhance his/her Physical force
130210 (1999)] psychological, emotional, and psycho- Civil Liability b. Physical force must be Irresistible
social well-being [Sec. 4(l), R.A. 9344] The exemption from criminal liability does not c. Physical force comes from a Third person
Juridical Effects of Insanity [REYES, Book 1] include exemption from civil liability, which [REYES, Book 1]
When Exempt from Criminal Liability: shall be enforced in accordance with existing
When Insanity Effect on liability
a. A child 15 years or under at the time of the laws. [Sec. 6, R.A. 9344] Actus me invite factus non est meus actus.
is Present
commission of the offense shall be exempt An act done by me against my will is not my
At the time of Exempt from liability from criminal liability. A child is deemed to General Rule: The parents shall be liable for act.
the commission be 15 years of age on the date of his/her damages.
of the crime 15th birthday. The person invoking this circumstance must
b. A child above 15 years but below 18 years Exception: If they were able to prove that they show that the force exerted was such that it
During Trial He is criminally liable but of age who acted without discernment shall were exercising reasonable supervision over reduced him to a mere instrument who acted
the proceedings will be be exempt from criminal liability. [Sec. 6, the child at the time the child committed the not only without his will but against it. [People
suspended and the R.A. 9344] offense and exerted reasonable effort and v. Lising, G.R. No. 106210-11 (1998)]
accused is committed to utmost diligence to prevent or discourage the
a hospital. In both cases, the child shall be subjected to an child from committing another offense. [Sec. The duress, force, fear or intimidation must be
intervention program. [Sec. 6, R.A. 9344] 20-D, R.A. 9344, as amended by R.A. 10630] present, imminent and impending, and of such
nature as to induce a well-grounded

Page 30 of 286 Page 31 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

apprehension of death or serious bodily harm if 6. INSUPERABLE OR LAWFUL CAUSE Requisites of Each Mitigating Circumstance [ICN-SIP-VDIA]
the act is not done. [People v. Villanueva, G.R.
Mitigating Requisites Basis
No. L-9529 (1958)] Insuperable
Circumstance
It means insurmountable. A cause which has
5. UNCONTROLLABLE FEAR lawfully, morally or physically prevented a Incomplete A majority, but not all, elements of justifying and
person to do what the law commands. [People justification/ exempting circumstances are present
Requisites [ERIGE] v. Bandian, G.R. No. 45186 (1936)] exemption
a. Existence of an uncontrollable fear
b. Fear must be Real and Imminent. Requisites [RFLi] Conditional Offender is above fifteen but below eighteen years of age. Diminution of
c. Fear of an injury is Greater than or Equal to a. An act is Required by law to be done minority intelligence
that committed [People v. Petenia, G.R. b. The person Fails to perform such act
No. L-51256 (1986)] c. His failure to perform such act was due to No intention to [NED] Diminution of
some Lawful or insuperable cause commit so grave a There is Notable and Evident Disproportion between the intent
Fear should not be speculative, fanciful, or wrong means employed to execute the criminal act and its
remote. Such compulsion must leave no Examples: consequences.
opportunity to the accused for escape or self- 1. A woman cannot be held liable for
defense in equal combat. [People v. Moreno, infanticide when she left her newborn child Sufficient [SOPDI] Diminution of
G.R. No. L-64 (1946), cited in REYES, Book 1] in the bushes without being aware that she provocation or 1. Provocation must be Sufficient intelligence and
had given birth at all. [People v. Bandian, threat 2. It must Originate from the offended party intent
In Treason supra] 3. It must be Personal and Directed to the accused
In the eyes of the law, nothing will excuse that 2. A municipal president was exempt from 4. It must be Immediate to the act, i.e., to the commission
act of joining an enemy, but the fear of liability in the arbitrary detention of a of the crime by the person who is provoked
immediate death. [People v. Bagalawis, G.R. prisoner because it was impossible to
Immediate [G(CR)VN] Diminution of
No. L-262 (1947), cited in REYES Book 1] deliver him to the nearest judicial authority
vindication of a 1. That there be a Grave offense done to the one voluntariness
within the period provided by law given the
grave offense Committing the felony, his spouse, ascendants,
Uncontrollable Fear v. Irresistible Force only means of transportation available.
descendants, legitimate, natural or adopted brothers or
[REYES, Book 1] [U.S. v. Vincentillo, G.R. No. L-6082 (1911)]
sisters, or Relatives by affinity within the same degree.
Irresistible Force Uncontrollable
2. That the felony is committed in Vindication of such
Fear c. Mitigating Circumstances [Art. 13] grave offense. A lapse of time is allowed between the
As to Recipient of Force/Fear vindication and the doing of the grave offense.
Irresistible force Uncontrollable fear If present, these circumstances do not entirely 3. The vindication need Not be done by the person upon
must operate may be generated free the actor from criminal liability but serve whom the grave offense was committed
directly upon the by a threatened act only to reduce the penalty.
person of the directly to a third Passion or [IPA(US)L] Diminution of
accused. person. Ordinary v. Privileged obfuscation 1. The accused acted upon an Impulse. intelligence and
As to Type of Evil/Injury Feared Mitigating Circumstance (MC) 2. The impulse must be so Powerful that it naturally intent
Injury feared may be Evil feared must be Ordinary MC Privileged MC produces passion or obfuscation in him.
a lesser degree than greater or at least As to Offset 3. That there be an Act, both Unlawful and Sufficient to
the damage caused equal to the damage May be offset by any Cannot be offset produce such condition of mind; and
by the accused. caused to avoid it. aggravating 4. That said act which produced the obfuscation was not
As to Source of Force/Fear circumstance far removed from the commission of the crime by a
Offender uses Offender employs As to Effect considerable Length of time, during which the
physical force or intimidation or threat If not offset, reduces Reduces the perpetrator might recover his normal equanimity.
violence to compel in compelling the penalty to its min penalty by one to
another person to another to commit a period, provided the two degrees than
commit a crime. crime. penalty is divisible. that provided by
law.

Page 32 of 286 Page 33 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

b. Incomplete justification is a privileged What Age to Consider

Voluntary Voluntary Surrender: [NA-SV] Lesser
mitigating circumstance (it cannot be offset a. In determining whether the penalty
surrender or Plea 1. Offender had Not been actually Arrested. perversity of the
by aggravating circumstances). [People v. should be lowered – the age of the
of Guilt 2. Offender Surrendered himself to a person in authority offender
Ulep, supra.] offender at the time of the commission of
or to the latter’s agent.
the crime [Boado Comprehensive
3. Surrender was Voluntary.
Incomplete Self-Defense, Defense of Reviewer, p. 45]
Relatives and Strangers b. In suspending the service of sentence –
Plea of Guilt: [SOP]
a. Unlawful Aggression - should always be the age of the offender at the time the
1. Offender Spontaneously confessed his guilt.
present to be appreciated as a mitigating sentence is to be promulgated. [Boado
2. Confession of guilt was made in Open court, that is,
circumstance. Comprehensive Reviewer, p. 45]
before the competent court that is to try the case; and
b. Ordinary mitigating circumstance - if
3. Confession of guilt was made Prior to the presentation
only unlawful aggression is present. Effect of Minority of the Offender
of evidence for the prosecution.
c. Privileged mitigating circumstance - if When the offender is a minor under 18 years,
Physical defects [DDBO ADCR] Diminution of two of the three requisites are present the penalty next lower than that prescribed by
1. The offender is: voluntariness [People v. Oanis, G.R. No. L-47722 (1943)] law shall be imposed, but always in the proper
a. Deaf and Dumb period. [People v. Jacinto, G.R. No. 182239
b. Blind, or Incomplete Accident (2011)]
c. Otherwise suffering from some physical defect a. If the “accident” is attended with fault (cf.
which thus restricts his means of: fourth element of accident) and without due
Effect of Minority of the Offender
I. Action care (second element), - act becomes
II. Defense, or punishable under Art. 365. [REYES, Book Age How appreciated
III. Communication with his fellow beings 1]
2. Physical defect must have a Relation to the commission b. If the “accident” is intended (cf. fourth 15 and Exempting circumstance
of the crime element) and unlawful (first element), then below
the act is covered by Art. 4 (1), RPC –
Illness Illness of the offender: [D(WP)ND(C)] Diminution of intentional felony. [REYES, Book 1] Above 15 Without discernment:
1. Must Diminish the exercise of his Will-Power. intelligence and but under 18 Exempting circumstance
2. Should Not Deprive the offender of Consciousness of intent 2. UNDER 18 OR OVER 70 YEARS OLD
his acts. (CONDITIONAL MINORITY) With discernment:
Privileged Mitigating
Circumstance
1. INCOMPLETE JUSTIFICATION OR Applicability Art. 68. Penalty to be imposed upon a
EXEMPTION Applicable when not all the requisites person under eighteen years of age. – Over 70 Ordinary Mitigating
necessary to justify the act or to exempt from When the offender is a minor under eighteen Circumstance except when
criminal liability under articles 11 and 12 are years and his case is one coming under the the penalty imposable is
Art. 69. Penalty to be imposed when the
attendant. Provided, the majority of such provisions of the paragraphs next to the last death, in such case, the
crime committed is not wholly excusable.
conditions are present. of Article 80 of this Code, the following rules penalty shall be reduced to
– A penalty lower by one or two degrees than
shall be observed: reclusion perpetua. [Boado
that prescribed by law shall be imposed if the
Effect 1. A person aged fifteen years of age or Comprehensive Reviewer,
deed is not wholly excusable by reason of
The courts have the discretion of imposing the under at the time of the commission of the p. 47]
the lack of some of the conditions required to
penalty lower by one or two degrees than that offense shall be exempt from criminal
justify the same or to exempt from criminal
prescribed by law, in view of the number and liability. [R.A. 9344, Sec. 6, as amended
liability in the several cases mentioned in 3. NO INTENTION TO COMMIT SO GRAVE
nature of the conditions of exemption present by R.A. 10630, Sec. 3]
Article 11 and 12, provided that the majority A WRONG (PRAETER INTENTIONEM)
or lacking. 2. Upon a person over fifteen and under
of such conditions be present. The courts
eighteen years of age, the penalty next
shall impose the penalty in the period which Praeter Intentionem
Rules on Incomplete Justification lower than that prescribed by law shall be
may be deemed proper, in view of the The offender had no intention to commit a
a. When the justifying or exempting imposed, but always in the proper period.
number and nature of the conditions of grave so wrong as what was actually
exemption present or lacking. circumstance has only two (2) requisites,
the presence of one element is sufficient committed. [Art. 13(3), RPC].
[REYES, Book 1]

Page 34 of 286 Page 35 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites [NED] Threat he will still get the benefit of this mitigating Provocation v. Vindication [CAMPANILLA]
There is Notable and Evident Disproportion Threat must not be offensive and positively circumstance. Provocation Vindication
between the means employed to execute the strong, otherwise, it may result to unlawful
[Art. 13, Par. 6] [Art. 13, Par. 5]
criminal act and its consequences. [U.S. v. aggression, justifying self-defense. See: 5. IMMEDIATE VINDICATION OF A GRAVE
Reyes, G.R. No. 12635 (1917)] discussion on self-defense. [People v. OFFENSE As to Offended Party
Guysayco, G.R. No. 4912 (1903)] Requisites [G(CR)VN]
Applicability a. That there be a Grave offense done to the It is made directly The grave offense
Only applicable to offenses resulting in death, Requisites [SOPDI] one Committing the felony, his spouse, only to the person may be committed
physical injuries, or material harm (including a. Provocation must be Sufficient ascendants, descendants, legitimate, committing the against the
property damage) [People v. Galang de b. It must Originate from the offended party natural or adopted brothers or sisters, or felony. offender’s relatives
Bautista, C.A., 40 O.G. 4473, cited in REYES, c. It must be Personal and Directed to the Relatives by affinity within the same mentioned by law.
Book 1]. accused degree.
d. It must be Immediate to the act. b. That the felony is committed in Vindication As to Graveness of Offense
When Not Applicable When there is an interval of time between of such grave offense. A lapse of time is
a. Crime results from criminal negligence or the provocation and the commission of the allowed between the vindication and the The offense need The offended party
culpa [Boado Comprehensive Reviewer] crime, the perpetrator has time to regain his doing of the grave offense. not be a grave must have done a
b. Where the acts were reasonably sufficient reason [People v Pagal, G.R. No. L-32040 c. The vindication need Not be done by the offense. grave offense to the
and did actually produce the death of the (1977)] person upon whom the grave offense was offender or his
victim. [People v. Sales, G.R. No. 177218 committed relatives.
(2011)] Provocation as a Provocation as a As to Immediateness of Offense
c. Cases involving defamation or slander. Lapse of Time Allowed
Requisite of Mitigating
[People v. Galang de Bautista, supra] Although the grave offense which engendered The provocation or The grave offense
Incomplete Circumstance
the perturbation of mind was not so immediate, threat must may be proximate,
Self-Defense
Considerations in Determining Existence of it was held that the influence thereof, by reason immediately precede which admits of an
Praeter Intentionem It pertains to its It pertains to its of its gravity, lasted until the moment the crime the act. interval of time
The intention, as an internal act, is judged not absence on the part presence on the part was committed. [People v. Parana, G.R. No. L-
only by the proportion of the means employed of the person of the offended 45373 (1937)] As to Subject of Offense
by him to the evil produced by his act, but also defending himself. party. [People v. CA,
by the: However, this circumstance cannot be It is a mere spite It concerns the
[People v. CA, G.R. G.R. No. 103613
a. Weapon used [People v. Reyes, G.R. No. No. 103613 (2001)] (2001)] considered where sufficient time has elapsed against the one honor of the person.
42117 (1935), People v. Datu Baguinda, for the accused to regain his composure. giving the
G.R. No. L-14388 (1960)] [People v Ventura, G.R. No. 148145-46 (2004)] provocation or
b. Part of the body injured [People v. Banlos, BAR TIP: The common set-up given in a bar threat.
G.R. No. L-3412 (1950)] problem is that of provocation given by Gravity of Personal Offense
c. Injury inflicted [People v. Flores, G.R. No. somebody against whom the person provoked The question whether or not a certain personal
cannot retaliate; thus the person provoked 6. PASSION OR OBFUSCATION
27093 (1927)] offense is grave is dependent on the following
d. Manner it is inflicted. [People v. Banlos, retaliated on a younger brother or on the father. must be decided by the court, having in mind:
Although in fact, there is sufficient provocation, Requisites [IPA(US)L]
G.R. No. L-3412 (1950)] [TimPlaS] a. The accused acted upon an Impulse [Art.
e. Subsequent acts of the accused it is not mitigating because the one who gave a. Time when the insult was made;
the provocation is not the one against whom 13 (6), RPC];
immediately after committing the offense. b. Place; and b. The impulse must be so Powerful that it
[People v. Ural, G.R. No. L-30801 (1974)] the crime was committed. c. Social standing of the person. naturally produces passion or obfuscation
Look at two criteria in him [Art. 13(6), RPC; People v.
4. SUFFICIENT PROVOCATION OR Danafrata, G.R. No. 143010 (2003)];
THREAT a. Element of time; consider:
i. Material lapse of time, and c. That there be an Act, both Unlawful and
ii. Effect of the threat of provocation. Sufficient to produce such condition of
Provocation
b. If at the time the offender committed the mind; [People v. Comillo, G.R. No. 186538
Any unjust or improper conduct or act of the (2009)] and
offended party capable of exciting, inciting, or crime, he is still suffering from outrage of
the threat or provocation done to him., then d. That said act which produced the
irritating anyone. [REYES, Book 1, p. 274] obfuscation was not far removed from the

Page 36 of 286 Page 37 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

commission of the crime by a considerable Must arise from Irresistible force is c. Vindication (Mitigating Circumstance). c. Surrender was Voluntary
Length of time, during which the lawful sentiments to unlawful. Vindication of a grave offense and passion Surrender is voluntary if it is spontaneous
perpetrator might recover his normal be mitigating. or obfuscation cannot be counted either because he:
equanimity. [Del Poso v. People, G.R. No. separately and independently. If these two i. Acknowledges his guilt., or
210810 (2016)] circumstances arise from one and the ii. Wishes to save them the trouble and
Passion/Obfuscation vs. Provocation same incident, they should be considered expenses that would be necessarily
[CAMPANILLA] as only one mitigating circumstance. incurred in his search and capture.
There is passion or obfuscation when there are Passion or Provocation [People v. Torpio, G.R. No. 138984 (2004)] [Andrada v. People, G.R. No. 135222
causes naturally producing in a person the Obfuscation [Art. 13(4)] (2005)]
following: [Art. 13 (6)] 7. VOLUNTARY SURRENDER OR PLEA
a. Powerful excitement OF GUILT NOTE: Whether or not a warrant of arrest
b. Loss of reason and self-control As to Source of Provocation had been issued is immaterial and
c. Diminution the exercise of his will power. A. Voluntary Surrender irrelevant. The RPC does not distinguish
[U.S. v. Salandanan, G.R. No. 951 (1902)] Provocation comes from the injured party. Requisites [NA-SV] among the various moments when the
a. Offender has Not been actually Arrested surrender may occur. [REYES, Book 1]
When Not Applicable As to immediateness of commission Exception: Where a person, after
a. When the act is committed in a spirit of committing the offense and having Not Considered Voluntary Surrender
The offense which Must immediately
lawlessness or revenge. [People v. Bates, opportunity to escape, voluntarily waited a. Merely requesting a policeman to
engenders the precede the
G.R. No. 139907 (2003)] for the agents of the authorities and accompany the accused to the police
perturbation of mind commission of the
b. If the cause of loss of self-control is trivial voluntarily gave up, he is entitled to the headquarters. [People v. Flores, G.R. No.
need not be crime.
and slight, obfuscation is not mitigating. benefit of the circumstance, even if he was 137497 (1994)]
immediate. It is only
[U.S. v. Diaz, G.R. No. 5155 (1910)] placed under arrest by a policeman then b. If the only reason for the supposed
required that the
c. Act causing obfuscation does not come and there. [People v. Parana, G.R. No. L- surrender is to ensure the safety of the
influence thereof
from the offended party. [REYES, Book 1, 45373 (1937)] accused whose arrest is inevitable, the
lasts until the
p. 295] surrender is not spontaneous and hence
moment the crime is
b. Offender Surrendered himself to a person not voluntary. [People v. Pinca, G.R. No.
committed.
Passion/Obfuscation vs. Irresistible Force in authority or to the latter’s agent 129256 (1999)]
In both, the effect is the loss of reason and Person in authority – one directly vested c. When the accused surrendered only 14
Passion or Irresistible force
self-control on the part of the offender. with jurisdiction. [Art. 152] days after the commission of the offense,
Obfuscation [Art. 12 (5)]
Agent of person in authority – person, as this shows that his surrender was
[Art. 13 (6)]
who, by direct provision of law, or by merely an afterthought. [People v. Agacer,
Passion and Obfuscation Considered election or by competent authority, is G.R. No. 177751 (2011)]
As to Type of Circumstance
Alongside Other Circumstances. Passion charged with the maintenance of public
Mitigating Exempting and obfuscation cannot be considered order and the protection and security of life B. Plea of Guilt
Circumstance Circumstance separately from: and property and any person who comes to Requisites [SOP]:
a. Treachery (Aggravating Circumstance). the aid of persons in authority. [Art. 152] a. Offender Spontaneously confessed his
As to Role of Physical Force Passion cannot co-exist with treachery guilt;
because in passion, the offender loses his Examples: b. Confession of guilt was made in Open
Does not involve Physical force is a control and reason while in treachery the i. When the accused surrenders himself court; and
physical force. condition sine qua means employed are consciously adopted. to the commanding officer. [REYES, c. Confession of guilt was made Prior to the
non. [People v. Germina, G.R. No. 120881 Book 1] presentation of evidence. [People v.
(1998)] ii. When the accused who first Crisostomo, G.R. No. L-32243 (1988)]
As to Source of Circumstance b. Provocation (Mitigating Circumstance). surrendered to the Municipal Court
They cannot be considered as two later surrenders himself to the Legal Effects
Passion/obfuscation Irresistible force
separate mitigating circumstances. If these Constabulary headquarters of the General Rule: While the plea of guilty is
comes from the comes from a third
two circumstances are based on the same province. [People v. Casalme, G.R. No. mitigating, it is also considered an admission of
offender himself. person.
facts, they should be treated together as L-18033 (1966)] all material facts alleged in the information,
As to Source of Sentiments one mitigating circumstance. [Romera v. including aggravating circumstances. The
People, G.R. No. 151978 (2004)] admission covers both the crime and its
attendant circumstances qualifying and/or

Page 38 of 286 Page 39 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

aggravating. [People v Jose, G.R. No. L-28232 8. PHYSICAL DEFECTS How Appreciated 2. SPECIFIC. Those that apply only to
(1971)] Mitigating Exempting particular crimes. Nos. 3 (except dwelling),
Requisites: [DDBO ADCR] circumstance circumstance 15, 16, 17 and 21.
Exception: Plea of guilty cannot be held to a. The offender is: 3. QUALIFYING. Those that change the
include treachery and evident premeditation i. Deaf and Dumb 10. ANALOGOUS MITIGATING nature of the crime (i.e. Art. 248 enumerate
where the evidence adduced does not ii. Blind, or CIRCUMSTANCES the qualifying AC which qualifies the killing
adequately disclose its existence. [People v iii. Otherwise suffering from some of person to murder). If two or more possible
Gravino, G.R. No. L-31327-29 (1983)] physical defect which thus restricts his Any other circumstance of similar nature and qualifying circumstances were alleged and
means of: analogous to the nine mitigating circumstances proven, only one would qualify the offense
When Mitigating 1. Action enumerated in Art. 13 may be mitigating. and the others would be generic
a. Change of plea if made at the first 2. Defense, or aggravating.
opportunity when his arraignment was first 3. Communication with his fellow Examples:
set. [People v. Hermino, G.R. No. 45466 beings a. Stealing because of extreme poverty is Examples of qualifying aggravating
(1937)] b. Physical defect must have a Relation to the considered as analogous to incomplete circumstances:
b. Withdrawal of plea of not guilty before commission of the crime [REYES, Book 1] state of necessity. [People v. Macbul, G.R. a. Circumstance of treachery or evident
presentation of evidence by prosecution. No. 48976 (1943)] premeditation qualifies the killing of a
[People v. Kayanan, G.R. No. L- NOTE: Illness must only diminish and not b. Over 60 years old with failing sight is person to murder. [Art. 248]
30355(1978)] deprive the offender of the consciousness of considered as analogous to over 70 years b. Circumstances of grave abuse of
c. A plea of guilty on an amended information his acts. Otherwise, he will be exempted from of age mentioned in par. 2. [People v. confidence and calamity qualifies the
will be considered as an attenuating criminal liability. [Boado Comprehensive Reantillo, G.R. No L-45685 (1938)] crime of theft to qualified theft. [Art.
circumstance if no evidence was presented Reviewer, p. 51] c. Voluntary restitution of stolen goods is 310]
in connection with the charges made considered as analogous to voluntary c. Circumstances of minority or taking
therein. [People v. Ortiz, G.R. No. L-19585 9. ILLNESS surrender. [People v. Luntao, 50 O.G. advantage of public office qualifies the
(1965)] 1182] crime of simple seduction to qualified
Requisites [D(WP)ND(C)]: d. Impulse of jealous feelings is considered seduction. [Art. 337]
When Not Mitigating a. Illness of the offender must Diminish the as analogous to passion and obfuscation.
a. Conditional plea of guilty - It is when an exercise of his Will-Power. [People v. Libria, G.R. No. L-6585 (1954)] Generic v. Specific v. Qualifying [REYES,
accused admits his guilt provided that a b. Illness should Not Deprive the offender of e. Testifying for the prosecution, without Book 1]
certain penalty be imposed upon him. Consciousness of his acts. [REYES, Book previous discharge is considered as Generic Specific Qualifying
[People v. Moro Sabilul, G.R. No. L-3765 1, p. 320] analogous to a plea of guilty. [People v.
(1951)] Navasca, G.R. No. L-29107 (1977)] As to Penalty Imposed
b. Extrajudicial Confession – It is not Illness v. Insanity f. Voluntarily taking a stolen cow back to the
voluntary confession because it was made Illness Insanity authorities to save them the time and effort Increases Increases the It places the
outside the court. [People v. Pardo, G.R. [Art. 13 (9)] [Art. 12(1)] of looking for the cow is considered as the penalty penalty to the author of the
No. L-562 (1947)] Definition analogous to voluntary surrender. [Canta v. to the maximum crime in such
c. Plea of Guilt on Appeal - Plea must be Refers only to Any mental disorder People, G.R. No. 140937 (2001)] maximum period. a situation as
made at the first opportunity. [People v. diseases of severe enough that period. to deserve
Hermino, G.R. No. 45466 (1937)] pathological state it prevents a person another
d. Aggravating Circumstances [Art.
that trouble the from having legal penalty, as
14] specially
Plea to a Lesser Offense conscience or will. capacity and
The accused may be allowed to plead guilty to prescribed by
excuses the person
A. KINDS OF AGGRAVATING law.
a lesser offense which is necessarily included from criminal or civil
CIRCUMSTANCES
in the offense charged, with the consent of the responsibility. As to Applicability
offended party and prosecutor. This may be [Black’s Law
1. GENERIC. Those that can generally apply
done at arraignment or after withdrawing his Dictionary] Applicable to Applicable to Applicable
to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6,
plea of not guilty. [Sec. 2, Rule 116, ROC] As to Effect all crimes. particular only to
9, 10, 14, 18, 19, and 20 except “by means
Diminution of Complete crimes. relevant
of motor vehicles”. A generic aggravating
intelligence. deprivation of provisions
circumstance may be offset by a generic
intelligence. where such
mitigating circumstance.

Page 40 of 286 Page 41 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

circumstances f. Certain Circumstances in relation to Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]
were specified Arson [Sec. 4, P.D. 1613]
(e.g. Art. 248- Aggravating Basis Requisites
Murder) Penalty Not Increased Despite Presence of
Circumstance
Aggravating Circumstances:
a. Aggravating circumstances which are Par. 1. Taking Personal [PIPAM]
As to the Nature of the Circumstance included by the law in defining a crime and advantage of circumstance of the 1. Offender is a Public Officer
prescribing the penalty. [Art. 62, par. 1]. Public office offender and the 2. Such officer used the Influence, Prestige or
It is not an It is not an Circumstance b. Aggravating circumstances inherent in the means to secure Ascendancy which his office gives him
ingredient of ingredient of affects the crime to such a degree that it must of the commission of 3. The same was used as Means by which he realizes
the crime. It the crime. It nature of the necessity accompany the commission
only affects only affects crime itself the crime his purpose.
thereof. [Art. 62, par. 2].
the penalty the penalty to such that the
Par. 2. In Lack of respect for [ENOKP]
to be be imposed. offender shall
Aggravating Circumstances Personal to Contempt of or the public 1. Public authority is Engaged in the exercise of his
imposed. be liable for a
Offenders with insult to authorities functions.
more serious
Aggravating circumstances which arise from: public authorities 2. Public authority is Not the person against whom the
crime.
a. Moral attributes of offender (evident crime is committed.
Circumstance premeditation); 3. Offender Knows him to be a public authority.
is actually an b. His private relations with offended party 4. His Presence has not prevented the offender from
ingredient of (consanguinity and affinity); and committing the criminal act.
the crime c. Any other personal cause (recidivism).

As to being offset Effect: Above circumstances shall only serve Par. 3. With insult Personal [RASD]
to aggravate the liability of the principals, or lack of regard circumstances of 1. Insult or disregard was made on account of:
Can be Can be offset Cannot be accomplices, and accessories as to whom due to offended the offended party a. Rank – designation or title used to fix the
offset by an by ordinary offset by any such circumstances apply. [Art. 62, par. 3]. party by reason of relative position of the offended party in
ordinary mitigating mitigating Aggravating Circumstances which Depend
mitigating circumstance circumstance Rank, age, or sex reference to others. There must be a
on the Knowledge for their Application difference in the social condition of the
circumstance
The following circumstances shall serve to offender and offended party
aggravate the liability of only the persons who b. Age - May refer to old age or tender age of
4. INHERENT. Those that are already had knowledge of them at the time of the the victim.
elements of the felony and are thus no execution of the act or their cooperation c. Sex - Refers to the female sex [REYES, Book
longer considered against the offender in therein: 1]
the determination of the felony. [Boado a. Circumstances related to the material 2. Such insult or disregard was Deliberately intended
Comprehensive Reviewer, p. 55] execution of the act; and
b. Circumstances related to the means Par. 3. Dwelling Place of the [BS(ReCo) + NP]
5. SPECIAL. Those which arise under special employed to accomplish it (e.g. nighttime) commission of the 1. Act was committed in the dwelling, which may
conditions to increase the penalty of the [Art. 62, par. 4] crime pertain to a:
offense and cannot be offset by mitigating a. Building; or
circumstances: Aggravating/Qualifying Circumstance Must b. Structure, which is
a. Quasi-recidivism [Art. 160] be Alleged in the Information c. Exclusively used for Rest and Comfort.
b. Complex crimes [Art. 48] Every Complaint or Information must state the 2. Offended party must Not give Provocation.
c. Error in personae [Art. 49] qualifying and aggravating circumstances.
d. Taking advantage of public position [Art. [Sec. 8, Rule 110, Revised Rules of Criminal Par. 4. Abuse of Means and ways [TAF]
171] Procedure]. If not alleged, they may still be confidence employed in 1. Offended party had Trusted the offender.
e. Membership in an organized/syndicated commission of the 2. Offender Abused such trust by committing a crime
considered in the award for damages. [People
crime group [Art. 62] crime against the offended party.
v. Evina, G.R. Nos. 12430-31 (2003)]
3. The abuse of confidence Facilitated the
commission of the crime.

Page 42 of 286 Page 43 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Par. 4. Obvious Means and ways [TAU] 3. That he is Convicted of the new offense.
ungratefulness employed in 1. Offended party Trusted the offender;
commission of the 2. Offender Abused such trust; and
crime 3. Act was committed with obvious Ungratefulness.

Par. 5. In the Place of the Crime was committed: [PalPreDRW]

palace of the commission of the 1. In the Palace of the Chief Executive, or
Chief Executive or crime 2. In his Presence, or
in his presence, or 3. Where public authorities are engaged in the Par. 11. Price, Motivating power [TOAI]
where public Discharge of their duties, or reward, or 1. There must be Two or more principals
authorities are 4. In a place dedicated to Religious Worship promise a. One who gives or Offers price or promise
engaged in the b. One who Accepts it
discharge of their 2. Price, reward, or promise must be for the purpose
duties, or in a of Inducing another to perform the deed.
Place dedicated to
religious worship The price, reward or promise need not: [MAD]
1. Consist of or refer to Material things; or
Par. 6. Nighttime, Time, place, and Circumstances of nighttime, uninhabited place or band:
2. Be Actually Delivered; it being sufficient that the
uninhabited place, means of the [FES]
offer made by the principal by inducement was
by a band commission of the 1. Facilitated the commission of the crime; [REYES,
accepted by the principal by direct participation
crime Book 1, p. 364]; and
before the commission of the offense.
2. Was Especially Sought for by the offender to insure
the commission of the crime or for the purpose of Par. 12. Means and ways Crime was committed by means of: [IFPESIDO]
impunity; [People v. Pardo, G.R. No. L-562 (1947)] Inundation, fire, employed in 1. Inundation
poison, explosion, commission of the 2. Fire
Par. 7. On Time and place of The offender must take advantage of the calamity or
etc. crime 3. Poison
occasion of a the commission of misfortune
4. Explosion
Calamity the crime
5. Stranding of a vessel
Par. 8. Aid of Means and ways [ArMC AAA] 6. Intentional damage to a vessel
Armed men or employed in 1. That the armed men or persons took part in the 7. Derailment of a locomotive
means to ensure commission of the Commission of the crime, directly or indirectly; and 8. Any Other artifice involving great waste and ruin
impunity crime 2. Accused Availed himself of their Aid or relied upon
Par. 13. Evident Means and ways Prosecution must prove: [TAL]
them when the crime was committed.
premeditation employed in 1. Time when the offender determined to commit the
Par. 9. Recidivism Inclination to [TPCSC] commission of the crime;
commit crime 1. Offender is on Trial for an offense; crime 2. An Act manifestly indicating that the culprit has
2. He was Previously Convicted by final judgment of clung to his determination; and
another crime; 3. A sufficient Lapse of time between the
3. That both the 1st and 2nd offenses are embraced in determination and execution, to allow him to reflect
the Same title of the Code; and upon the consequences of his act and to allow his
4. Offender is Convicted of the new offense. conscience to overcome the resolution of his will.

Par. 10. Inclination to [TP-SEG2-C] Par. 14. Craft, Means and ways That the crime was committed by means of:
Reiteracion or commit crime 1. Accused is on Trial for an offense; fraud, or disguise employed in 1. Craft: Intellectual trickery and cunning on the part
Habituality 2. He Previously Served sentence for another offense commission of the of the accused;
to which the law attaches: crime 2. Fraud: Insidious words or machinations used to
a. an equal or greater penalty, or induce the victim to act in a manner which would
b. For 2 or more crimes to which it attaches lighter enable the offender to carry out his design; or
penalty than that for the new offense; and 3. Disguise: Any device to conceal identity

Page 44 of 286 Page 45 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Par. 15. Superior Means and ways [NIP] Par. 20. By Motor Means and ways [MS-MC(GoCaF)]
strength or means employed in 1. There is a Notorious Inequality of forces between vehicles, airships, employed in 1. That any of the following was used:
to weaken commission of the victim and aggressor. or other similar commission of the a. Motorized vehicles; or,
defense crime 2. Offender Purposely used excessive force out of means crime b. Other efficient means of transportation Similar
proportion to the means of defense available to the to automobile or airplane.
persons attacked. To counteract the
great facilities 2. The same was used as Means of Committing the
Par. 16. Alevosia Means and ways [CAN] found by modern crime, such as by using the same to:
(Treachery) employed in 1. Offender Consciously Adopts particular means, criminals as means a. Go to the place of the crime
commission of the methods, or forms tending directly and specially to to commit crime, b. Carry away the effects thereof; and
crime ensure the execution of the crime. and flee and c. Facilitate their escape
2. The employment of such means gave the offended abscond
party No opportunity to defend himself or retaliate.
Par. 21. Cruelty Means and ways [DIUE]
Par. 17. Ignominy Means and ways The means employed or the circumstances brought employed in 1. Injury caused be was Deliberately Increased by
employed in about must tend to make the effects of the crime more commission of the causing other wrong;
commission of the humiliating or to put the offended party to shame. crime 2. Other wrong was Unnecessary for the Execution of
crime the purpose of the offender.
Par. 18. Unlawful Means and ways Entrance is effected by a way not intended for the
entry employed in purpose. B. AGGRAVATING CIRCUMSTANCES 2. CONTEMPT OR INSULT TO PUBLIC
commission of the AUTHORITIES
crime 1. TAKING ADVANTAGE OF PUBLIC
OFFICE Kind: Generic Aggravating Circumstance
Par. 19. Breaking Means and ways [WaRFDWiE]
wall, floor, roof employed in 1. Breaking the Wall, Roof, Floor, Door, or Window is Kind: Generic & Special Aggravating Requisites [ENOKP]
commission of the a means to the commission of the crime.; and Circumstance [R.A. 7659] a. Public authority is Engaged in the exercise
crime 2. Breaking was used as a means to effect Entrance of his functions
and not merely for escape. Requisites [PIPAM] b. Public authority is Not the person against
a. Offender is a Public Officer whom the crime is committed
b. Such officer used the Influence, Prestige or c. Offender Knows him to be a public
Par. 20. With aid Means and ways Commission of the crime is committed with the aid of Ascendancy which his office gives him authority
of persons Under employed in children under 15 years of age d. His Presence has not prevented the
c. The same was used as Means by which he
15 commission of the offender from committing the criminal act.
realizes his purpose. [U.S. v. Rodriguez,
crime G.R. No. 6344 (1911)] NOTE: If the crime is committed against the
public authority while in the performance of his
Repress practice of Test: “Did the accused abuse his office in order duty, the offender commits direct assault
criminals to avail of to commit the crime?” [U.S. v. Rodriguez, G.R. instead. [Art. 148, RPC]
minors and take No. 6344 (1911)].
advantage of their Effect of Failure to Allege Knowledge in
irresponsibility If the accused could have perpetrated the Information
crime even without occupying his position, Failure to expressly allege in the Information
there is no abuse of public position. [People v. that the accused had the knowledge that the
Villamor, G.R. Nos. 140407-08 (2002)] person attacked was a person in authority does
not render the information defective so long as
there are facts therein from which it can be
implied that the accused knew that the person
attacked was a person in authority [People v.
Balbar, G.R. Nos. L-20216-17 (1967)]

Page 46 of 286 Page 47 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. INSULT OR DISREGARD OF THE Not Considered as Aggravating NOTE: It is the prosecution that has the b. When crime was committed outside the
RESPECT DUE THE OFFENDED PARTY Circumstance: burden of proving the age of the offended party. dwelling - Dwelling is still aggravating if the
ON ACCOUNT OF HIS: (a) RANK; (b) a. When the offender acted with passion and The failure of the accused to object to the commission of the crime began inside the
AGE; OR (c) SEX, OR THAT IT BE obfuscation. [People v. Ibañez, G.R. No. testimonial evidence regarding age shall not be dwelling. [U.S. v. Lastimosa, G.R. No. 9178
COMMITTED IN THE DWELLING OF THE 197813] taken against him. [People v. Arpon, G.R. No. (1914)]
OFFENDED PARTY b. When there exists a relationship between 183563 (2011)]
the offended party and the offender. Not Considered as an Aggravating
Four circumstances are enumerated in this [People v. Valencia, G.R. No. L-39864 B. Act Committed in Dwelling Circumstance:
paragraph, which can be considered singly or (1993)] Kind: Generic Aggravating Circumstance a. When both offender and offended party are
together. If all the four circumstances are c. When the condition of being a woman is occupants of the same house [U.S. v.
present, they have the weight of one indispensable in the commission of the Requisites [BS(ReCo) + NP] Rodriguez, supra.], and this is true even if
aggravating circumstance only. [REYES, Book crime (e.g., rape, abduction, or seduction). a. Act was committed in the dwelling, which offender is a servant of the house. [People
1] [REYES, Book 1, p. 348] may pertain to a: v. Caliso, supra.]
i. Building; or b. When the owner of the dwelling gave
These may be considered singly when their Guidelines to Prove Age ii. Structure, which is sufficient and immediate provocation.
elements are distinctly perceived and can The Court established the guidelines in iii. Exclusively used for Rest and Comfort. [REYES, Book 1]
subsist independently. [People v. Santos, 91 appreciating age, either as an element of the b. Offended party must Not give Provocation. c. Crimes where Dwelling is Inherent:
Phil. 320, 327-328 (1952)] crime or as a qualifying circumstance, as i. Trespass to Dwelling [Art. 280, RPC]
follows: Dwelling ii. Robbery with force upon things [Art.
A. Insult or Disregard 1. Best evidence - original or certified true Building or structure, exclusively used for rest 299, RPC]
Kind: Specific Aggravating Circumstance copy of the certificate of live birth of such and comfort. It is not necessary that the victim
Specific to crimes against persons or honor. party. owns where she lives or dwells. A lessee, 4. ABUSE OF CONFIDENCE OR OBVIOUS
[People v. Pagal, G.R. No. L-32040 (1977)] 2. In the absence of a certificate of live boarder, or bedspacer can consider such place UNGRATEFULNESS
birth, similar authentic documents (e.g., as his home, the sanctity of which the law Kind: Generic Aggravating Circumstance
Requisites: [RASD] baptismal certificate and school records seeks to uphold. [People v Daniel, G.R. No. L-
a. Insult or disregard was made on account which show the date of birth) 40330 (1978)] Par. 4 provides two aggravating circumstances
of: 3. In the absence of the foregoing, –abuse of confidence and obvious
i. Rank – designation or title used to fix testimony, if clear and credible, of the Dwelling includes dependencies such as the ungratefulness. If both are present in the same
the relative position of the offended victim's mother or a member of the family foot of the staircase and enclosure under the case, they must be independently appreciated.
party in reference to others. There either by affinity or consanguinity who is house. [U.S. v. Tapan, G.R. No. 6504 (1911)] [REYES, Book 1]
must be a difference in the social qualified to testify on matters respecting
condition of the offender and offended pedigree such as the exact age or date of Dwelling cannot be appreciated as an A. Abuse of Confidence
party birth of the offended party pursuant to aggravating circumstance when the rape is Requisites: [TAF]
ii. Age - May refer to old age or tender Section 40, Rule 130 of the Rules on committed on the ground floor of a two-story a. Offended party Trusted the offender
age of the victim. Evidence shall be sufficient under the structure, the lower floor being used as a video b. Offender Abused such trust
iii. Sex - Refers to the female sex following circumstances: rental store and not as a private place of abode c. Abuse of confidence Facilitated the
[REYES, Book 1] a. If the victim is alleged to be below 3 years or residence. [People v. Tao, G.R. No. 133872 commission of the crime
b. Such insult or disregard was Deliberately of age and what is sought to be proved is (2000)]
intended that she is less than 7 years old; Confidence
b. If the victim is alleged to be below 7 years Dwelling v. Domicile Confidence between the offender and the
Deliberately Intended of age and what is sought to be proved is Dwelling should not be understood in the offended party must be immediate and
There must be evidence that in the commission that she is less than 12 years old; concept of a domicile. A person can have more personal. If two persons just met for the first
of the crime, the accused deliberately intended c. If the victim is alleged to be below 12 than one dwelling. time, there can be no personal or immediate
to offend or insult the sex or age of the offended years of age and what is sought to be relationship upon which confidence might rest
party. [People v. Mangsat, G.R. No. L-34675] proved is that she is less than 18 years Considered as Aggravating between them. [People v. Mandolado, G.R. No.
old. Circumstances: L-51304-05 (1983)]
4. In the absence of the foregoing, the a. Even without entry to dwelling - it is
complainant's testimony will suffice enough that the victim was attacked inside
provided that it is expressly and clearly his own house. [People v. Ompaid, G.R.
admitted by the accused. No. L-23513 (1969)]

Page 48 of 286 Page 49 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Abuse Confidence is an Inherent 4. Offender must have the intention to the purpose of impunity; [People v. Pardo, whether or not in the place of the commission
Circumstance of: commit a crime when he entered the place. G.R. No. L-562 (1947)] of the offense, there was a reasonable
a. Qualified seduction [Art. 337, RPC] [People v. Jaurigue, C.A. No. 384 (1946)] possibility of the victim receiving some help.
b. Qualified theft [Art. 310, RPC] Can be Considered Separately [People v. Desalisa, G.R No. 95262 (1994)]
c. Estafa by conversion or misappropriation Where public authorities are engaged in the General Rule: If they concur in the
[Art. 315, RPC] discharge of their duties (Par. 5) v. commission of the crime, they are considered Solitude must be sought to better attain the
d. Malversation [Art. 217, RPC] Contempt or insult to public authorities as one aggravating circumstance. criminal purpose. [People v. Aguinaldo, G.R.
(Par. 2) No. 33843 (1931)]
B. Obvious Ungratefulness Exception: When the following are present:
Par. 5 Par. 2
Requisites: [TAU]> a. When their elements are distinctly When place of crime could be seen and the
Public Authorities Contempt or Insult
a. Offended party Trusted the offender perceived voice of the victim could be heard from a
Engaged in to Public
b. Offender Abused such trust b. When they can subsist independently. nearby house, the place of the crime is not
Discharge of Authorities
c. Act was committed with obvious c. When it reveals a greater degree of “uninhabited.” [People v. Laoto, G.R. No. 1928
Duties
Ungratefulness perversity. [People v. Santos, G.R. No. (1928)]
Public authorities are engaged in the L41-89 (1952)]
5. CRIME WAS COMMITTED IN THE performance of their duties. C. Band (Cuadrilla)
PALACE OF THE CHIEF EXECUTIVE OR A. Nighttime (Nocturnidad) Requisites: [4AAT]
IN HIS PRESENCE, OR WHERE PUBLIC As to Acts Punished The commission of the crime must begin and a. There should be at least be four (4)
AUTHORITIES ARE ENGAGED IN THE be accomplished in the nighttime (after sunset persons;
DISCHARGE OF THEIR DUTIES, OR IN A Crime was Crime was and before sunrise, cf. Art. 13, Civil Code). b. Such persons are Armed; and
PLACE DEDICATED TO RELIGIOUS committed in a place committed in the c. They Acted Together in the commission of
WORSHIP where public presence of a public Two (2) Tests for Nocturnity an offense. [REYES, Book 1]
authorities are authority engaged in a. Objective test - nighttime is aggravating
Kind: Generic Aggravating Circumstance engaged in the the performance of because the darkness facilitated the Abuse of superior strength and use of firearms
discharge of their his function, commission of the offense; [People v. are absorbed by the aggravating circumstance
Four (4) Circumstances Contemplated duties regardless of the Pardo, G.R. No. L-562 (1947)] and of by a band. [People v. Escabarte, G.R. No. L-
Crime was committed: [PalPreDRW] palace b. Subjective test - nighttime is aggravating 42964 (1988)]
a. In the Palace of the Chief Executive, or because the darkness was purposely
b. In his Presence, or As to Offended Party sought by the offender. [People v. Ventura, Not Considered as Aggravating
c. Where public authorities are engaged in Offended party may Public authority supra.] Circumstance in Brigandage
the Discharge of their duties, or or may not be the should not be the Brigandage is committed by more than three
d. In a place dedicated to Religious Worship Nighttime and Treachery armed persons forming a band of robbers [Art.
public authority offended party
General Rule: Nighttime is absorbed in 306, RPC]. Thus, that the crime was committed
Rules: treachery if it is part of the treacherous means by a band is inherent in the definition of the
1. If committed in the Palace of the Chief 6. CRIME WAS COMMITTED (1) IN THE to insure the execution of the crime. [People v. crime and is not aggravating. [REYES, Book 1,
Executive or in a Church (Place of NIGHT TIME, OR (2) IN AN Ong, G.R. No. 34497 (1975)] p. 374]
Religious Worship - it is aggravating UNINHABITED PLACE, OR (3) BY A Exception: Where both the treacherous mode
regardless of whether State or official or BAND, WHENEVER SUCH of attack and nocturnity were deliberately 7. ON THE OCCASION OF A
religious functions are being held. The CIRCUMSTANCES MAY FACILITATE chosen upon the same case. Both may be CONFLAGRATION, SHIPWRECK,
President need not be in the palace. THE COMMISSION OF THE OFFENSE perceived distinct from one another. [People v. EARTHQUAKE, EPIDEMIC OR OTHER
[REYES, Book 1, p. 361] Berdida, G.R. No. L-20183 (1966)] CALAMITY OR MISFORTUNE
2. If committed in the Presence of the Kind: Generic Aggravating Circumstance
Chief Executive – it is aggravating Well-lit place Kind: Generic Aggravating Circumstance
regardless of the place where the crime is Requisites: [FES] When the place is illuminated by light,
committed. It also applies even if he is not Circumstances of nighttime, uninhabited place nighttime is not aggravating. [People v. Bato, Rationale: The debased form of criminality of
engaged in the discharge of his duties in or band: G.R. No. L-23405 (1967)] one who, in the midst of a great calamity,
the place where the crime was committed. a. Facilitated the commission of the crime; instead of lending aid to the afflicted, adds to
[REYES, Book 1, p. 361] b. Was Especially Sought for by the offender B. Uninhabited Place their suffering by taking advantage of their
3. Cemeteries - not places dedicated for to insure the commission of the crime or for It is determined not by the distance of the misfortune and despoiling them. [U.S. v.
religious worship. [REYES, Book 1, p. 362] nearest house to the scene of the crime but Rodriguez, G.R. No. 6344 (1911)]

Page 50 of 286 Page 51 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisite: As to Degree of Participation b. Be Actually Delivered; it being sufficient 13. EVIDENT PREMEDITATION
Offender must >take advantage of the calamity Band members are all Armed men are mere that the offer made by the principal by
or misfortune. principals [REYES, accomplices [REYES, inducement was accepted by the principal Kind: Generic Aggravating Circumstance
“Or Other Calamity or Misfortune” Book 1, p. 372] Book 1, p. 376] by direct participation before the
Refers to other conditions of distress similar to 9. RECIDIVISM commission of the offense. [REGALADO, Requisites [TAL]
“conflagration, shipwreck, earthquake or pp. 100-101] The prosecution must prove:
epidemic.” Kind: Generic Aggravating Circumstance a. The Time when the offender determined to
When this circumstance is present, it affects commit the crime;
8. AID OF ARMED MEN OR PERSONS Requisites [TPCSC] not only the person who received the price or b. An Act manifestly indicating that the culprit
WHO INSURE OR AFFORD IMPUNITY a. Offender is on Trial for an offense; reward, but also the person who gave it. has clung to his determination; and
b. He was Previously Convicted by final [REYES, Book 1] c. Sufficient Lapse of time between the
Kind: Generic Aggravating Circumstance judgment of another crime; determination and execution, to allow him
c. Both the first and second offenses are Voluntarily giving such price or reward without to reflect upon the consequences of his act
Requisites: [ArMC AAA] embraced in the Same title of the Code; previous promise, as an expression of and to allow his conscience to overcome
a. Armed men or persons took part in the d. Offender is Convicted of the new offense. appreciation for the sympathy and aid, is not the resolution of his will. [People v.
commission of the crime, directly or taken into consideration to increase the Raquipo, G.R. No. 90766 (1990), cited in
indirectly; and See: Recidivism under Multiple Offenders for penalty. [U.S. v Flores, G.R. No. 9008 (1914)] REYES, Book 1, p. 403]
b. Accused Availed himself of their Aid or detailed discussion
relied upon them while the crime was 12. COMMITTED BY MEANS OF Evident premeditation implies a deliberate
committed 10. REITERACION INUNDATION, FIRE, POISON, planning of the act before executing it.
EXPLOSION, STRANDING OF A [REYES, Book 1]
Armed Men Kind: Generic Aggravating Circumstance VESSEL OR INTENTIONAL DAMAGE
Persons equipped with weapons. It also covers THERETO, DERAILMENT OF A Essence of premeditation
armed women. [People v. Licop, G.R. No. Requisites: [TP-SEG2-C] LOCOMOTIVE, OR BY THE USE OF ANY a. An opportunity to coolly and serenely think
L06061 (1954)] a. Offender is on Trial for an offense. OTHER ARTIFICE INVOLVING GREAT and deliberate
b. He was Previously Served sentence for: WASTE AND RUIN i. On the meaning; and
Not Considered as an Aggravating i. Another offense of Equal or Greater ii. Consequences of what he planned to
Circumstance: penalty than the new offense; or Kind: Generic Aggravating Circumstance do.
a. When both the attacking party and the ii. 2 or more crimes of lighter penalty b. An interval long enough for his conscience
party attacked were equally armed. [ALBERT] c. Offender is Convicted of the new offense. Requisites: [IFPESIDO] and better judgment to overcome his evil
b. When the accused as well as those who Crime was committed by means of: desire and scheme. [People v. Durante,
cooperated with him in the commission of See: Reiteracion under Multiple Offenders for a. Inundation G.R. No. L-31101 (1929)]
the crime acted under the same plan and detailed discussion. b. Fire
for the same purpose. [People v. Piring, c. Poison NOTES:
G.R. No. 45053 (1936)] 11. IN CONSIDERATION OF A PRICE, d. Explosion ● Premeditation must be based upon
c. Casual presence, or when the offender did REWARD, OR PROMISE e. Stranding of a vessel external facts, and must be evident, not
not avail himself of their aid nor knowingly f. Intentional damage to a vessel merely suspected indicating deliberate
count upon their assistance in the Kind: Generic Aggravating Circumstance g. Derailment of a locomotive planning. [People v. Mariano, G.R. No.
commission of the crime. [U.S. v. Abaigar, h. Any Other artifice involving great waste 134847 (2000)]
G.R. No. 1255 (1903)] Requisites: [TOAI] and ruin ● The date and time when the offender
a. There must be Two or more principals: determined to commit the crime is
By a Band (Par. 6) v. Aid of Armed Men (Par. i. One who gives or Offers price or Use of Fire as to Arson and Murder essential, because the lapse of time for the
8) promise; and a. If intent is to kill – crime is murder and fire purpose of the third requisite is computed
Par. 6 Par. 8 ii. One who Accepts it; [REYES, Book 1] is considered as a qualifying circumstance, from that date and time. [Rabor v. People,
By a Band With Aid of b. Price, reward, or promise must be for the even if the house is burned in the process. G.R. No. 140344 (2000)]
Armed Men purpose of Inducing another to perform the [Art. 248, RPC] ● Conspiracy presupposes premeditation
As to Number of Malefactors deed. [REYES, Book 1] b. If the intent is to destroy property - crime [U.S. v. Cornejo, G.R. No. 9773 (1914),
Requires more than 3 At least 2 armed men is arson even if someone dies as cited in REYES, Book 1, p.411] Exception:
armed malefactors (at The price, reward or promise need not: [MAD] consequence. [People v. Paterno, et al., When conspiracy is merely implied.
least 4) a. Consist of or refer to Material things; or G.R. No. L-2665 (1950)]

Page 52 of 286 Page 53 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

[People v. Upao Moro, G.R. No. L-6771 Crime was committed by means of: Tiongson, C.A., 59 O.G. 4521, cited in The means used must not totally eliminate
(1957), cited in REYES, Book 1] a. Craft - It is chicanery resorted to by the REYES, Book 1] possible defense of the victim, otherwise it will
● It is not necessary that the accused accused to aid in the execution of his b. Crimes where Fraud is inherent: fall under treachery.
premeditated the killing of a particular criminal design. [People v. Zea, G.R. No. L- i. Preventing the meeting of Congress
individual. If the offender premeditated on 23109 (1984)] and similar bodies [Art. 143, RPC] Not Considered as an Aggravating
the killing of any person (general attack), it b. Fraud - When there is a direct inducement ii. Violation of parliamentary immunity Circumstance:
is proper to consider as an aggravating by insidious words or machinations, fraud [Art. 145, RPC] a. When one who attacks is overcome with
circumstance because whoever was killed is present. [People v. Labuguen, G.R. No. iii. Crimes against public interest under passion and obfuscation [REYES, Book 1]
was contemplated in the premeditation. 127849 (2000)] Chapter Three b. When quarrel arose unexpectedly [U.S. v.
[US v. Manalinde, G.R. No. L-5292 (1909)] c. Disguise - Resorting to any device to iv. Crimes committed by public officers Badines, G.R. No. 1951 (1905)]
conceal identity. [REYES, Book 1] under Chapter Three c. When treachery is present, superior
Not Considered as Aggravating TEST: Whether the device or contrivance v. Execution of deeds by means of strength is absorbed. [People v. Mobe,
Circumstance: was intended to or did make identification violence or intimidation [Art. 298, RPC] G.R. No. L-1292 (1948)]
a. Anger or Grudge - The mere existence of more difficult, such as the use of a mask, vi. Crimes against property under d. Crimes where Abuse of Superior
ill-feeling or grudge between the parties is false hair or beard. [People v. Reyes, G.R. Chapters 5 and 6 Strength is Inherent:
not sufficient to establish premeditated No. 118649 (1998)] vii. Marriage contracted against the i. Parricide [People v. Galapia, G.R. Nos.
killing. There must be an outward act provisions of the law [Art. 350, RPC] L-39303-05 (1978)]
showing or manifesting criminal intent. If Disguise was Ineffective viii. Rape through fraudulent machination ii. Rape [People v. de Leon, G.R. No.
[People v. Bernal, G.R. No. 113685 (2002)] When in spite of the use of disguise, the [Art. 266-A (1)(c), RPC] 128436 (1999)]
b. Crimes Where Premeditation is culprits were recognized by the victim,
Inherent: disguise is not considered as an 15. (a) TAKING ADVANTAGE OF SUPERIOR By a Band v. Abuse of Superior Strength
i. Preconceived act – where the accused aggravating circumstance. [People v. STRENGTH; OR (b) MEANS WAS By a band Abuse of superior
would execute the preconceived act Sonsona, G.R. No. L-8966 (1956)] EMPLOYED TO WEAKEN THE strength
only after having thought out the DEFENSE
method by which he intends to Craft v. Fraud v. Disguise Kind: Specific Aggravating Circumstance When the offense is The gravamen of
accomplish it (e.g. arson, theft, estafa, Specific to crimes against persons and committed by more abuse of superiority
Craft Fraud Disguise
etc.) [People v. Cu, G.R. No. L-13413 sometimes against person and property than 3 armed is the taking
(1977)] As to Purpose (e.g., robbery with rape committed by malefactors advantage by the
ii. Robbery; except in robbery with multiple persons or homicide committed by regardless of the culprits of their
homicide if the premeditation includes Done in Done to induce Done to multiple persons) [REYES, Book 1] comparative collective strength to
the killing of the victim [People v. order to not someone conceal strength of the overpower their
Valeriano, G.R. No. L-2159 (1951)] arouse through identity A. Advantage of Superior Strength victim. weaker victims.
iii. Treason [People v. Racaza, G.R. No. suspicion insidious words Requisites: [NIP]
L-365 (1942)] and a. There is a Notorious Inequality of
c. Error in personae – Premeditation is not machinations forces between victim and aggressor. B. Means Employed to Weaken defense
aggravating when there is mistake of [People v. Barcelon, G.R. No. 144308 The offender employs means that materially
identity as the victim is not the object of (2002)] weakens the resisting power of the offended
premeditation. [People v. Dueño, G.R. No. Craft and Fraud absorbed in Treachery party. [People v. Ducusin, G.R. No. 30724
b. Offender Purposely used excessive
L-31102 (1979)] Craft and fraud may be absorbed in treachery (1929)]
force out of proportion to the means of
d. Aberratio ictus – When the victim is if they have been deliberately adopted as the
defense available to the persons
means, methods or forms for the treacherous Where one, struggling with another, suddenly
different from that intended, premeditation attacked. [People v. Sansaet, G.R. No.
strategy. Otherwise, they may co-exist throws a cloak over the head of his opponent,
is not aggravating [People v. Hilario, et al., 139330 (2002)]
independently where they are adopted for a and, while in this situation, wounds or kills him
G.R. No. 128083 (2001)]
different purpose in the commission of the employs means to weaken the defense. [U.S.
Considerations in Determining Abuse of
crime. [People v. Lab-eo, supra.] v. Devela, G.R. No. 1542 (1904)]
14. CRAFT, FRAUD OR DISGUISE WAS Superior Strength
EMPLOYED a. Age;
Not Considered as an Aggravating This aggravating circumstance is appreciated
b. Size; and
Kind: Generic Aggravating Circumstance Circumstance where the accused intentionally intoxicated the
c. Strength of the parties [People v.
a. Qualified theft [Art. 310, RPC] – Craft is an victim. [People v. Ducusin, supra]
Cabato, G.R. No. L-37400 (1988)]
element of qualified theft [People v.

Page 54 of 286 Page 55 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

16. TREACHERY (ALEVOSIA) chance to either fight or retreat. [People v. Lab- ii. Treason [People v. Racaza, supra] e. Less serious physical injuries [Art. 265,
Kind: Specific Aggravating Circumstance; eo, supra.] RPC]
Specific to crimes against persons Treachery Absorbs the Following f. Rape
Example of Frontal Attack: There is Aggravating Circumstances: [CANAMBES]
Requisites: [CAN] treachery when the victim is shot, albeit a. Craft [People v. Malig, G.R. No. L-2083 Ignominy
a. Offender Consciously Adopts particular frontally, with his hands raised to show that he (1949), cited in REYES, Book 1, p.466] It is a circumstance pertaining to the moral
means, methods, or forms tending directly would not fight, or because of fright, or to try to b. Abuse of superior strength [People v. order, which adds disgrace to the material
and specially to ensure the execution of the ward off the shots that were to come. [People Siaotong, G.R. No. L-9242 (1957), cited in injury caused by the crime. [People v. Acaya,
crime. v. Dulos, G.R. No. 107328 (1994)] REYES, Book 1, p.464] G.R. No. L-72998 (1988), cited in REYES,
b. The employment of such means gave the c. Nighttime [People v. Corpuz & Serquiña, Book One]
offended party No opportunity to defend Continuous and Non-continuous G.R. No. L-12718 (1960), cited in REYES,
himself or retaliate. [Art. 14, par. 16, RPC, Aggression Book 1, p.464] When Appreciated
cited in REYES, Book 1] a. When aggression is continuous - d. Aid of Armed men [People v. Siaotong, Ignominy is appreciated when the offense is
treachery must be present in the beginning supra] committed in a manner that tends to make its
The essence of treachery is that by virtue of the of the assault. [U.S. v. Balagtas, G.R. No. e. Band [People v. Ampo-an, G.R. No. 75366 effect more humiliating, adding to the victim’s
means, method or form employed by the 6432 (1911)] (1990), cited in REYES, Book 1, p.464] moral suffering. Thus, where the victim was
offender, the offended party was not able to put b. When aggression was not continuous - f. Employing means to weaken the defense already dead when his body or a part thereof
up any defense. [People v. Tiozon, G.R. No. in that there was an interruption, it is [People v. Siaotong, supra] was dismembered, ignominy cannot be taken
89823 (1991)] sufficient that treachery was present at the g. Disregard of Sex [People v. Clementer, against the accused. [People v. Cachola, G.R.
moment the fatal blow was given. [U.S. v. G.R. No. L-33490 (1974)] No. 135047 (2004)]
Appreciation of Treachery Does Not Baluyot, G.R. No. 14476 (1919)]
Depend on the Results Treachery v. Evident Premeditation Examples:
The treacherous character of the means Degree of Proof a. Raping a woman from behind. It is
Treachery Evident
employed in the aggression does not depend Treachery cannot be presumed. The something which offends the morals of the
premeditation
upon the result thereof but upon the means suddenness of the attack does not, of itself, offended woman because this is how
itself. Thus, frustrated murder could be suffice to support a finding of alevosia, so long As to essence animals do it. [People v. Siao, G.R. No.
aggravated by treachery. [People v. Parana, as the decision was made all of a sudden and 126021 (2000)]
G.R. No. 45373 (1937)] the victim’s helpless position was accidental. Swiftness and Cool thought and b. Examining a woman’s genitals before
[People v. Lubreo, G.R. No. 74146 (1991)]. unexpectedness of reflection raping her in the presence of her old father
Sudden Attack the attack upon the were deliberately done to humiliate her,
The mode of attack must be consciously Conspiracy unsuspecting and thereby aggravating and compounding her
adopted. The accused must make some When there is conspiracy in the commission of unarmed victim who moral sufferings. [People v. Bumidang,
preparation to kill the deceased in such manner a crime, treachery can be appreciated against does not give the G.R. No. 130630 (2000)]
as to insure the execution of the crime or to all conspirators. [People v. Ong, G.R. No. L- slightest provocation
make it impossible or hard for the person 34497 (1975)] 18. UNLAWFUL ENTRY
attacked to defend himself or retaliate. [People [People v. Rebamontan, G.R. No. 125318
v. Tumaob, G.R. Mo. 125690 (1998)] No Aggravating Circumstance: (1999)] Kind: Generic Aggravating Circumstance
a. When the offended party was able to put up
Treachery may still be appreciated even when a defense [People v. Butler, G.R. No. L- 17. IGNOMINY Unlawful Entry
the victim was forewarned of danger to his 50276 (1983)] There is unlawful entry when an entrance is
person. What is decisive is that the execution b. When victim’s helpless position was Kind: Specific Aggravating Circumstance; effected by a way not intended for that purpose.
of the attack made it impossible for the victim accidental [People v. Cadag, G.R. No. L- Specific to the following [C MaRia CLaRa] [REYES, Book 1]
to defend himself or to retaliate. [People v. 13830 (1961)] a. Coercion (light or grave) [People v.
Malejana, G.R. No. 145002 (2006)] c. When there was no other witness to the Cantong, C.A., 50 O.G. 5899, cited in There is no unlawful entry when the door was
offense or when such witness could not REYES, Book 1] already broken and thereafter the accused
Hence, a sudden attack by the assailant, provide full details of the attack. [People v. b. Murder [U.S. v de Leon, G.R. No. 522 made an entry through the broken door. The
whether frontally or from behind, is treachery if (1902)]
Tiozon, G.R. No. 89823 (1991)] breaking of the door is covered by paragraph
d. Crimes where treachery is inherent: c. Wanton Robbery for personal gain [People 19. [REYES, Book 1, p. 472]
he deliberately adopted such mode of attack
i. Murder by poisoning [People v. Caliso, v. Racaza, supra]
with the purpose of depriving the victim of a
d. Crimes against Chastity
G.R. No. L-37271 (1933)]

Page 56 of 286 Page 57 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Inherent in the Following Crimes: is or is reasonably believed to be; [Rule iii. Facilitate their escape [People v. It pertains to the Refers to the physical
a. Trespass to dwelling under Art. 280 113, Sec. 11, Revised Rules of Criminal Espejo, G.R. No. L-27708 (1970)] moral order, whether suffering of the victim
[REYES, Book 1] Procedure] or not the victim is so victim has to be
b. Robbery with force upon things under Art. b. To effect search in the place of directed NOTE: If motor vehicles are used only in the dead or alive alive
299(a) and Art. 302 [REYES, Book 1] search [Rule 126, Sec. 7, Revised Rules of escape of the offender, it is not aggravating.
Criminal Procedure] [REYES, Book 1]
Effect if Dwelling and Unlawful Entry are c. To liberate himself or any person lawfully C. SPECIAL AGGRAVATING AND
Both Present aiding him when unlawfully detained in the Rationale: To counteract the great facilities QUALIFYING CIRCUMSTANCES
Dwelling and unlawful entry are taken place of directed search. [Rule 126, Sec. 7, found by modern criminals in said means to
separately in murders committed in a dwelling. Revised Rules of Criminal Procedure] commit crime and flee and abscond once the OTHER SPECIAL AGGRAVATING AND
[People v. Barruga, G.R. No. 42744 (1935)] same is committed [REYES, Book 1] QUALIFYING CIRCUMSTANCES [SELDA]
For Entrance, Not Escape/Exit a. Organized or Syndicated crime group
19. AS A MEANS TO THE COMMISSION OF This circumstance is aggravating only when 21. CRUELTY b. Use of Explosives
THE CRIME, A WALL, ROOF, FLOOR, the offender resorted to any means in order to Kind: Specific Aggravating Circumstance; c. Use of Loose firearms
DOOR, OR WINDOW BE BROKEN enter the place. [REYES, Book 1] Specific to crimes against persons d. Use of Dangerous drugs
e. Arson under P.D. 1613
Kind: Generic Aggravating Circumstance No Aggravating Circumstance: Requisites [DIUE]
Inherent in Robbery with force upon things a. That the injury caused be Deliberately a. Organized or Syndicated Crime Group
Requisites: [WaRFDWiE] under Art. 299(a) and Art. 302 Increased by causing the other wrong
a. Any of the following be broken: b. The other wrong was Unnecessary for the Organized/syndicated crime group
i. Wall 20. CRIME WAS COMMITTED (a) WITH THE Execution of the purpose of the offender A group of two or more persons collaborating,
ii. Roof AID OF PERSONS UNDER FIFTEEN confederating, or mutually helping one another
iii. Floor YEARS OF AGE OR (b) BY MEANS OF For cruelty to exist, there must be proof for purposes of gain committing any crime. [Art.
iv. Door MOTOR VEHICLES, MOTORIZED showing that the accused delighted in making 62, RPC as amended by R.A. 7659]
v. Window WATERCRAFT, AIRSHIPS, OR OTHER their victim suffer slowly and gradually, causing
b. Breaking was used as a means to effect SIMILAR MEANS him unnecessary physical and moral pain in Effect
Entrance and not merely for escape. the consummation of the criminal act. [People When a crime is committed by an
Kind: Generic Aggravating Circumstance v. Catian, G.R. No. 139693 (2002)] organized/syndicated group, and the purpose
Unlawful Entry v. Breaking of such crime was to gain, the maximum
A. With the Aid of Persons Under 15 Years Outraging the Corpse penalty shall be imposed. [Art. 62, RPC as
Unlawful Entry Breaking of
Old If the victim was already dead when the acts of amended by R.A. 7659]
[Art. 14 (18)] Wall, Roof, etc.
Rationale: To repress the frequent practice mutilation were being performed, this would
[Art. 14 (19)]
resorted to by professional criminals of availing also qualify the killing to murder due to Crimes where Purpose is to Gain: [TERI]
Actual Breaking of the Entrance themselves of minors taking advantage of their outraging of his corpse [Art. 248, par. 6, RPC]. 1. Theft
lack of criminal responsibility (since minors are 2. Estafa
No Yes given leniency when they commit a crime) There must be proof that the wounds inflicted 3. Robbery
[[REYES, Book 1] on the victim were done while he was still alive 4. Illegal recruitment
Entrance Actually Happened in order to be considered cruelty [People v.
B. By Means of a Motor Vehicle Pacris, G.R. No. 69986 (1991)]. b. Use of Explosives
Yes No Requisites: [MS-MC(GoCaF)] The Decree Codifying the Laws on Illegal/
Ignominy Cruelty
a. That any of the following was used: Unlawful Possession, Manufacture, Dealing in,
Used As Means of Committing the Crime
i. Motorized vehicles; or, As to Type of Suffering Acquisition or Disposition, of Firearms,
No Yes ii. Other efficient means of transportation Ammunition or Explosives [P.D. 1866, as
Similar to automobile or airplane. Shocks the moral Physical amended by R.A. 8294] provides that the use
b. That the same was used as Means of conscience of man of explosives or incendiary devices in the
When Breaking of Door or Window is Lawful Committing the crime, such as by using the commission of a crime, resulting to death of a
When an officer, after giving notice of his same to: As to Whether Victim has to be Alive person, shall be considered an aggravating
purpose and authority, is refused admittance: i. Go to the place of the crime circumstance.
a. To make an arrest in any building or ii. Carry away the effects thereof; and
enclosure where the person to be arrested

Page 58 of 286 Page 59 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites [RS-HaREID] imposed for illegal possession of Arson is committed; that the crime was protection [People v. Bersabal, G.R. No. 24532
1. Offender commits a crime in the RPC or in firearms - penalty of prision mayor in its committed: [BaHaGS] (1925)]
a Special law; minimum period shall be imposed in 1. For the Benefit of another
2. In its commission, the offender uses any of addition to the penalty for the crime 2. Because of Hatred towards owner/occupant Other relatives included
the following: committed. 3. With Intent to Gain The relationship of stepfather or stepmother
a. Hand grenade/s 4. By a Syndicate and stepson or stepdaughter is included by
b. Rifle grenade/s ● To be absorbed as an element of the analogy as similar to that of ascendant and
c. Other Explosives such as pillbox, crime - if the violation is in furtherance of, Syndicate descendant. [People v. Bersabal, G.R. No.
Molotov cocktail bombs, and fire or incident to, or in connection with the Offense is committed by a syndicate if it is 24532 (1925); People v. Portento, C.A., 38
bombs crime of rebellion, insurrection, or planned or carried out by a group of three (3) O.G. 46, cited in REYES, Book 1]
d. Other Incendiary devices capable of attempted coup d’ etat, such violation shall or more persons. [Sec. 4, P.D. 1613]
producing destructive effect on be absorbed as an element of the said Relationship as Exempting Circumstance:
contiguous objects or causing injury or crimes [Sec. 29 (2), R.A. 10591] Under art. 62 of RPC, a syndicate needs at 1. When the accessory is related to the
death to any person least TWO persons. Under P.D. 1613, a principal.
3. Results in the Death of a person [Sec. 3, ● To be considered as a separate and syndicate needs at least THREE persons.
P.D. 1866, as amended by R.A. 8294] distinct offense - If the crime is committed General Rule: This includes spouses,
by the person without using the loose e. Alternative Circumstances [Art. 15] ascendants, descendants, legitimate,
c. Use of “loose firearms” firearm, the violation of this Act shall be natural, and adopted brothers and sisters,
Special Aggravating Circumstance considered as a distinct and separate Alternative Circumstances or relatives by affinity within the same
RA 10591 or the Comprehensive Firearms and offense. [Sec. 29 (3), R.A. 10591] These are circumstances which may be taken degrees, with the single exception of
Ammunition Regulation Act (2013) expressly in consideration, as aggravating or mitigating accessories falling within the provisions of
repealed Sec. 1 of P.D. 1866 as amended: Special Aggravating Circumstance according to the nature and effects of the crime paragraph 1 of the next preceding article.
RA 8294 does not specify whether or not the and other conditions attending its commission. [Art. 20, RPC]
Loose firearms: [UPI SOLAR] use of an unlicensed firearm in murder or [REYES, Book 1]
Pertains to firearms that are homicide is generic or special aggravating. It Exception: When said relatives profited
1. Unregistered; merely states that the use of the unlicensed TYPES UNDER ART. 15. [RIE] themselves or assisted the offender to profit
2. Possessed by non-licensee; firearm is appreciated as “aggravating.” 1. Relationship by the effects of the crime. [Art. 19 (1), RPC]
3. Illegally manufactured 2. Intoxication
4. Stolen; In Palaganas v. People [G.R. No. 165483 3. Degree of Education/instruction 2. Death under exceptional circumstances.
5. Obliterated; (2006)], the Court interpreted this as making A legally married person who having
6. Lost; the use of unlicensed firearm in murder or 1. RELATIONSHIP surprised his spouse in the act of
7. Altered; or homicide as special aggravating. Applying the committing sexual intercourse with another
8. With Revoked license [Sec. 3(v), R.A. logic of Palaganas by analogy, Section 29 in The alternative circumstance of relationship person who shall inflict upon them physical
10591] RA 10591 should be interpreted as assigning shall be taken into consideration when the injuries of any other kind (i.e. less serious
the use of loose firearms as special offended party is the: [SAD SiRA] and slight physical injuries). [Art. 247, RPC]
Rules: aggravating as well. a. Spouse
● To be considered as an aggravating b. Ascendant 3. Select Crimes Against Property. For
circumstance – if the use of a loose d. Use of Dangerous Drugs c. Descendant crimes of theft, swindling (estafa), and
firearm is inherent in the commission of a Qualifying Aggravating Circumstance d. Legitimate, natural, or adopted brother or malicious mischief there is no criminal
crime punishable under the RPC or other A positive finding for the use of dangerous sister (Siblings) liability if they be caused by the following
special laws [Sec. 29, R.A. 10883] drugs is a qualifying aggravating circumstance e. Relative by Affinity in the same degree of persons [SADRAS-WS-BS]:
and the application of the penalty provided for the offender [People v. Marco, G.R. No. a. Spouses, Ascendants and
If the crime committed is penalized with a in the RPC shall be applicable [Sec. 25, R.A. 132392 (2001)] Descendants, or Relatives by Affinity in
maximum penalty lower than that 9165] the Same line.
prescribed for illegal possession of Relatives by Affinity b. The Widowed Spouse with respect to
firearm - penalty for illegal possession of e. Arson under PD 1613 Includes in-laws, stepfather, or stepmother, the property which belonged to the
firearm shall instead be imposed. Special Aggravating Circumstance stepchild and the like. It is the duty of the deceased spouse before the same shall
The following are considered special stepparents to bestow upon their stepchildren have passed into the possession of
If the crime committed is penalized by the aggravating circumstances when the crime of a mother’s or father’s affection, care and another; and
law with a maximum penalty equal to that

Page 60 of 286 Page 61 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

c. Brothers and Sisters and brothers-in- Relationship Not Appreciated: Accused’s State of Intoxication Must be High degree of education
law and sisters-in-law, if living together. 1. When relationship is an element of the Proved May be appreciated as aggravating when the
[Art. 322, RPC] offense: [PAC] The defendant testified that before the murder, offender availed himself or took advantage of it
a. Parricide he took a bottle of wine and drank little by little in committing the crime. [REYES, Book 1]
Relationship as Mitigating Circumstance: b. Adultery until he got drunk. The policeman who arrested
1. In crimes against property [RUFA] c. Concubinage [REYES, Book 1] the accused testified that the latter smelled of f. Absolutory Causes
a. Robbery [Arts. 294-302, RPC] wine and vomited. The Court held that the
b. Usurpation [Art. 312, RPC] 2. For Persons Attached by Common-Law evidence presented was not satisfactory to Absolutory Causes
c. Fraudulent insolvency [Art. 314, RPC] Relations. The law cannot be stretched to warrant a mitigation of the penalty. [People v. Those where the act committed is a crime but
d. Arson [Arts. 321-322, 325-326, RPC]. include such relations because there is no Noble, supra] for reasons of public policy and sentiment there
blood relationship or legal bond that links is no penalty imposed. [People v. Talisic, G.R.
2. When the crime is less serious or slight the parties. [People v Atop, G.R. Nos. The person pleading intoxication must prove No. 97961 (1997)]
physical injuries – if the offended party is 124303-05 (1998)] that he took such quantity of alcoholic
a relative of a lower degree than the beverage, prior to the commission of the crime, Types of Absolutory Causes [IPON]:
offender. [Art. 263, RPC; REYES, Book 1] 3. For Relationships by Affinity. as would blur his reason. [People v. Bernal, 1. Instigation
Relationships by affinity should not be G.R. No. 132791 (2002)] 2. Pardon by the offended party
3. In trespass to dwelling - Where a son-in- deemed to aggravate the crime in the 3. Other absolutory causes
law, believing his wife to be in her father's absence of evidence to show that the 3. DEGREE OF EDUCATION OR 4. Acts Not covered by law and in case of
house, attempted to force an entry therein, offended party is of a higher degree in the INSTRUCTION excessive punishment. [Art. 5, RPC]
the relationship is to be considered in relationship than that of the offender.
mitigation. [U.S. vs. Ostrea, 2 Phil. 93, 95 [People vs. Canitan, G.R. No. L-16498 Low Degree of Education 1. INSTIGATION
(1903)] (1963)] Refers to the lack of sufficient intelligence of
and knowledge of the full significance of one’s Instigation
Relationship as Aggravating Circumstance: 2. INTOXICATION act. [REYES, Book 1] It is the means by which the accused is lured
Crimes Against Crimes Against into the commission of the offense charged in
Person Chastity Requisites to be Considered as Mitigating Requisite: To be considered mitigating, order to prosecute him. [People v. Bartolome,
Circumstance: [DSC-NHD-NWIR] degree of instruction must have some G.R. No 191726 (2013)]
General Rule: Relationship is always a. Act was done due to alcoholic intake of the reasonable connection to the offense. [REYES,
Higher degree; or aggravating [People v. offender, he suffers from Diminished Self- Book 1] The involvement of a law officer in the crime
Relatives of the Orilla, G.R. Nos. Control. itself in the following manner:
same level [People 148949-40 (2004)] b. Offender is Not a Habitual Drinker. General Rule: Low degree of education is a a. He induces a person to commit a crime for
v. Alisub, 69 Phil. c. Offender did Not take the alcoholic drink mitigating circumstance. [U.S. v. Reguera, personal gain.
362 (1969) Rationale: Because With the Intention to Reinforce his resolve G.R. No. L-16639 (1921)] b. He doesn’t take the necessary steps to
of the nature and to commit crime. [Reyes, Book 1] seize the instrument of the crime & to arrest
Exception: effect of the crime Exceptions [PT-RCM]: the offenders before he obtained the profits
Always aggravating committed. It is not When Aggravating Circumstance a. Crimes against Property (e.g., estafa, theft, in mind.
in the following: shocking to our moral a. If intoxication is habitual; or and robbery) [U.S. v. Pascual, G.R. No. c. He obtained the profits in mind, even though
1. Serious Physical sense when we hear a b. If it is intentional to embolden offender to 3777 (1908)]
Injuries [Reyes, father committed, for afterwards does take the necessary steps to
commit crime [REYES, Book 1] b. Crimes against Chastity [Malesa v. seize the instrument of the crime and to
Book 1] instance, the crime of
Director, cited in REYES, Book 1] arrest the offenders.
2. Homicide or slight physical injury
Meaning of Habitual Drunkard c. Treason [People v. Lansanas, G.R. No. L- Basis of Exemption from Criminal Liability
Murder [REYES, against his daughter;
Book 1] but it certainly is very A habitual drunkard is one given to intoxication 1622 (1948), cited in REYES, Book 1] A sound public policy requires that the courts
3. Rape [People v. shocking when we by excessive use of intoxicating drinks. The d. Rape [REYES, Book 1] shall condemn the practice by directing the
Delen, G.R. No. hear that a father habit should be actual and confirmed. It is e. Murder or homicide; to kill is forbidden by acquittal of the accused. [REYES, Book 1]
194446 (2014)] committed acts of unnecessary that it be a matter of daily natural law which every rational being is
lasciviousness on the occurrence. [People v. Camano, G.R. Nos. L- endowed to know and feel [People v. Instigation must be made by public officers
person of his own 36662-6 (1982)] Laspardas, G.R. No. L-46146 (1979)] or private detectives
daughter. [REYES, A criminal act may not be punishable if the
Book 1] accused was induced to commit it by active
cooperation and instigation on the part of public

Page 62 of 286 Page 63 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

detectives [State v. Hayes, 105 Mo. 76,16 S.W. A person has A public officer or a i. Discovering secrets through Seizure of Rationale: Only natural persons can act
514, 24 Am. St. Rep. 360, cited in REYES, planned or is about private detective correspondence of the ward by their with personal malice or negligence.
Book 1, p. 247] to commit a crime induces an innocent guardian [Art. 219, RPC] Moreover, penalties such as substitution of
and ways and person to commit a deprivation of liberty (subsidiary
Entrapment is Different from Instigation means are resorted crime and would 3. Persons Liable and Degree of imprisonment) for pecuniary penalties in
Entrapment to by a public officer
arrest him upon or case of insolvency, or destierro can only be
Trapping persons into crime for the purpose of to trap and catch theafter the Participation executed against individuals.
instituting criminal prosecutions. It is a scheme criminal. commission of the
or technique ensuring the apprehension of the crime by the latter. a. Principals, Accomplices, and Exception: Special laws where
criminals by being in the actual crime scene. As to Conviction or Acquittal Accessories corporations are expressly penalized for
[People v. Lua Chu and Uy Se Tieng, 56 Phil. Not a bar to the The accused must their violations (e.g. Corporation Law,
44 (1931)] prosecution and be acquitted Persons Criminally Liable [Art. 16, RPC] Public Service Law, Securities Law,
conviction of the because the When more than one person participated in the Election Code, etc.).
In entrapment, a person has planned or is lawbreaker. offender simply acts commission of the felony, the law looks into
about to commit a crime and ways and means as a tool of the law their participation. The RPC classifies them as: Officers of Corporation are Liable
are resorted to by a public officer to trap and enforcers 1. Principal General Rule: Only officers of
catch the criminal. Entrapment is not a 2. Accomplice corporations acting in their official duties
defense. [REYES, Book 1] 3. Accessory can be punishable. The offending officers
2. PARDON BY OFFENDED PARTY
answer criminally for their acts and not the
The law officers shall not be guilty to the crime This classification is true only under the RPC corporation. [REYES, Book 1]
Crimes of adultery and concubinage shall not
if they have done the following: and not under special laws, because the
be prosecuted except upon a complaint filed by
a. He does not induce a person to commit a penalties under the latter are never graduated. 2. Passive Subject – the injured party.
the offended spouse. The offended party
crime for personal gain or is not involved in If the crime is punishable under special laws,
cannot institute criminal prosecution without
the planning of the crime. the more appropriate term would be
including both the guilty parties, if they are both
b. Does take the necessary steps to seize the “offender/s, culprit/s, accused”. 1. PRINCIPALS
alive, nor, in any case, if he shall have
instrument of the crime and to arrest the consented or pardoned the offenders. [Art. Art. 17. Principals – The following are
offenders before he obtained the profits in Grave and Less Grave Felonies v. Light
344, RPC] considered principals:
mind. Felonies [Art. 16, RPC]
1. Those who take a direct part in the
See: Art. 344 for detailed discussion. Grave and Light Felonies execution of the act;
Entrapment v. Instigation Less Grave 2. Those who directly force or induce others
Entrapment Instigation 3. OTHER ABSOLUTORY CAUSES Felonies to commit it;
As to Nature 3. Those who cooperate in the commission
Ways and means The instigator [DALS-PARTS] All participants Only principal and
of the offense by another act without
are resorted to for practically induces a. Death under exceptional circumstances (principal, accomplice are which it would not have been
the purpose of the would-be [Art. 247, RPC] accomplice, liable.
accomplished.
trapping and accused into the b. Accessories in light felonies [Art. 16, RPC] accessory) are
capturing the commission of the c. Light felonies not consummated [Art. 16, criminally liable.
lawbreaker in the offense and himself RPC]
execution of his becomes a co- d. Spontaneous desistance [Art. 6, RPC] Parties to a Crime
criminal plan principal. e. Prescription of crimes [Art. 89, RPC] 1. Active Subject – the offender (e.g.,
As to Origin of the Crime f. Accessories exempt under Art. 20 [Art. 20, principal, accomplice, accessory)
The means originate The law enforcer RPC]
from the mind of the conceives the g. Exemptions from criminal liability for cases General Rule: Only natural persons can
criminal. commission of the of theft, swindling and malicious mischief, be the active subjects of a crime due to the
crime and suggests by virtue of his Relationship to the offended highly personal nature of criminal
to the accused who party. [Art. 332, RPC] responsibility. Juridical persons cannot be
carries it into h. Trespass to dwelling to prevent serious active subjects.
execution. harm to self [Art. 280, RPC]
As to Means

Page 64 of 286 Page 65 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Requisites to be Considered as Principal a. Principal by Direct Participation [RPC, Force, fear, duress, or intimidation a. So Direct, efficacious, and
Principal by Principal by Principal by Art. 17(1)] must be present, imminent, impending; powerful to amount to
Direct Inducement Indispensable and of such nature as to induce a well- physical/moral coercion
Participatio [IDC] Cooperation Those that actually perform acts necessary in grounded apprehension of death or b. Uttered Prior to the
n [PCP] [PAC-CI] the commission of the offense. [REYES, Book serious bodily harm if the act be done commission of the crime
1. Offender 1.Inducement 1. Offender 1] [People v. Anod, G.R. No. 186420 3. Material executor has no personal
Participate was made Participated (2009]. reason to commit the crime
d in the with the in the Requisites: [PCP] [REYES, Book 1]
criminal Intention of criminal 1. Offender Participated in the criminal b. Uncontrollable Fear – Such fear that
resolution; procuring resolution resolution; and must be grave, actual, serious and of Principal by Inducement v. Proposal to
and the such that 2. Offender Carried out their plan and such kind that majority of men would Commit a Felony [REYES, Book 1]
commissio there is Personally took part in its execution by acts succumb to such moral compulsion.
n of the Anterior Principal by Proposal to
which directly tended to the same end
crime Conspiracy Inducement Commit a Felony
[People v. Ong Chiat Lay, supra] Mere threat of future injury is not
or unity of sufficient. Compulsion must be such
criminal As to Purpose
Presence During Commission of Crime that it reduced the offender to a mere
purpose
General Rule: Principals by direct participation instrument acting not only without will Inducement to commit a crime
and
must be at the scene of the commission of the but against his will as well. It must be of
intention
crime, personally taking part. [REYES, Book 1] such character to leave the accused no As to liability
before the
commission opportunity for escape. [Ty v. People,
Exception: When there is a conspiracy and G.R. No. 149275 (2004)] Liable only when Person to whom
of the
the principal by direct participation has already crime is committed proposal is made
crime.
performed his part prior to the commission of 2. By giving of price or offering of reward by principal by direct should not commit
2.Offender 2.Said 2.Cooperation
the crime. [People v. Santos, G.R. No. 117873 or promise or using words of command participation the crime
Carried inducement in the
out their is the commission (1997)] a. By giving of price or offering of
reward or promise - The one giving As to Crimes Included
plan and Determinin of the
Personally g Cause of offense by b. Principal by Inducement [RPC, Art. the price or offering the reward or
Involves any crime Proposal to be
took part the performing 17(2)] promise is a principal by inducement
punishable must
in its commissio another act while the one committing the crime in
involve only
execution n of the which is Those who directly force or induce others to consideration thereof is a principal by
by acts crime by Indispensab
treason/rebellion
commit the offense. [REYES, Book 1] direct participation. There is collective
which the material le, and criminal responsibility.
directly executor without Requisites [IDC] b. By using words of command - Effect of Acquittal of Principal by Direct
tended to [US v. which it 1. Inducement be made with the Intention of person who used the words of Participation
the same Indanan, would not procuring the commission of the crime command is a principal by inducement General Rule: Conspiracy is negated by
end G.R. No. L- have been while the person who committed the acquittal of co-defendant. One cannot be held
2. Said inducement is the Determining Cause
[People v. 8187 accomplish crime because of the words command guilty of having instigated the commission of a
of the commission of the crime by the
Ong Chiat (1913)] ed. crime without first being shown that the crime
material executor [US v. Indanan, G.R. No. is a principal by direct participation.
Lay, G.R. [REYES, has been actually committed by another.
No. L- L-8187 (1913)]
Book 1] [People v. Ong Chiat Lay, supra]
39086
(1934)] TWO (2) WAYS OF INDUCEMENT
1. By using irresistible force or causing Requisites of Using Words of Exception: When principal actor is acquitted
uncontrollable fear Command: [II-DPM] because he acted without malice or criminal
a. Irresistible Force - Such physical 1. The one who made the command intent. [People v. Po Giok To, G.R. No. L-7236
force as would produce an effect upon must have: (1955)].
the individual that despite all his a. Intention of procuring the
resistance, it reduces him to a mere commission of the crime
instrument. b. Ascendancy/Influence over the
person who acted
2. Words used must be:

Page 66 of 286 Page 67 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

c. Principal by Indispensable Cooperation Knowledge of Actual Crime Not Required Conspirators decide Accomplices merely NOTE: This must be with the consent
[RPC, Art. 17(3)] One can be an accomplice even if he did not that a crime should assent to the plan of the principal, otherwise he is a
know of the actual crime intended by the be committed and cooperate in its principal of theft [REYES, Book 1]
Those who cooperate in the commission of the principal, provided he was aware that it was an accomplishment
offense by another, without which it would not illicit act. [People v. Doctolero, G.R. No. 34386 As to Authorship of the Crime b. Assisting the Offender to Profit by
have been accomplished. [REYES, Book 1] (1991)] Conspirators are the Accomplices are the Effects of the Crime - Knowingly
authors of a crime merely instruments receiving stolen property and selling it
Requisites [PAC-CI]: Accomplice does Not Decide the Crime who perform acts for the thief’s profit [US v. Galanco,
1. Participation in criminal resolution such Accomplices do not decide whether the crime that are useful for, G.R. No. 4440 (1908)]
that there is Anterior Conspiracy or unity of should be committed; they merely assent to the but not essential to, An accessory should not be in
criminal purpose and intention before the plan of the principal by direct participation and the perpetration of conspiracy with the principal [US v. Tan
commission of the crime. cooperate in its accomplishment. [People v. the offense, giving Tiap Co, G.R. No. 11643 (1916)]
2. Cooperation in the commission of the Pilola, G.R. No. 121828 (2003)] material/moral aid
offense by performing another act which is without conspiracy 2. Concealing/destroying the body of the
Indispensable and without which it would Accomplice in Bigamy crime to prevent its discovery
not have been accomplished. [REYES, A person, whether man or woman, who
Book 1] knowingly consents or agrees to be married to 3. ACCESSORIES Body of the Crime (“corpus delicti”)
another already bound in lawful wedlock is Fact of the commission of the crime, not the
Cooperation guilty as an accomplice in the crime of bigamy. physical body of the deceased [Rimorin v.
To cooperate is to help, to aid, and [Santiago v. People, G.R. No. 200233 (2015)] Art. 19. Accessories – Accessories are People, G.R. No. 146481 (2003)]
presupposes knowledge of the ultimate those who, having knowledge of the Examples:
purpose in view. [Samson v. CA, G.R. Nos. L- Liability of Accomplice commission of the crime, and without having a. Assisting in the burial of a homicide
10364 & L-10376 (1958)] The liability of accomplices is less than participated therein, either as principals or victim to prevent the discovery of the
principals and they shall be meted with the accomplices, take part subsequent to its crime [US v. Leal, G.R. No. 432 (1902)]
2. ACCOMPLICES penalty next lower in degree (1 degree) than commission in any of the following manners: b. Making the victim appear armed to
that prescribed by law. [Arts. 52, 54, & 56, 1. By profiting themselves or assisting the show the necessity of killing him [US v.
Art. 18. Accomplices – Accomplices are the offender to profit by the effects of the
RPC] Cuison, G.R. No. L-6840 (1911)]
persons who, not being included in Article crime.
17, cooperate in the execution of the offense c. Concealing the effects/instruments of
It is also possible for an accomplice to be liable 2. By concealing or destroying the body of the crime, such as concealing a gun
by previous or simultaneous acts. the crime, or the effects or instruments
as such for a different crime than what the [REYES, Book 1]
thereof, in order to prevent its discovery.
principal committed, such as when he/she
An accomplice cooperates in the execution of 3. By harboring, concealing, or assisting in 3. Harboring/concealing/assisting in the
provides transport for someone committing
the offense by previous or simultaneous acts, the escape of the principals of the crime, Escape of the principal of the crime
robbery but does not participate in the killing
provided he has no direct participation in its provided the accessory acts with abuse
committed by the latter. [People v. Doble, G.R. committed by either a public officer or a
execution or does not force or induce others to of his public functions or whenever the
No. L-30028 (1982)] private person
commit it, or his cooperation is not author of the crime is guilty of treason,
indispensable to its accomplishment. [People parricide, murder, or an attempt to take
Conspirator v. Accomplice Elements under the Two (2) Classes of
v. Mandolado, supra] the life of the Chief Executive, or is
Conspirator Accomplice Accessories
known to be habitually guilty of some
As to Criminal Design Public Officer Private Person
Requisites: [CD-CR] other crime.
They know of and They know and [PAHAL] [PH-TPaMAPH]
a. Community of Design: Knowing and join in the criminal agree with the
concurring with the criminal design of the design criminal design PUNISHABLE ACTS OF ACCESSORIES Offender is a Public Offender is a Private
principal by direct participation As to When Criminal Intention is Known [PACE]: officer who acts with person
b. Cooperation in the execution of the offense 1. Profiting themselves or Assisting the Abuse of his public
by previous/simultaneous acts with the From its inception, Only after the offender to profit by the effects of the crime functions
intent of supplying material/moral aid; and because they principals have Examples:
c. Relationship between acts of the principal themselves have reached the decision a. Profiting Themselves - Receiving Offender Harbors/conceals/assists in the
and those attributed to the accomplice decided upon such to commit it stolen property knowing that it had escape of the principal
[REYES, Book 1] course of action been stolen [People v. Tanchoco, G.R.
As to Who Decides to Commit the Crime No. L-38 (1946)].

Page 68 of 286 Page 69 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Principal commits Any Crime is either c. Descendant Except: When of the brings about
crime except Light Treason, Parricide, d. Legitimate/natural/adopted Brother or there is a offense the
felonies> Murder, Attempt Sister conspiracy presumption
against the life of the e. Relative by affinity within the same and the of fencing.
President, or degree principal has As to Imposable Penalty
principal is known to already Higher than Penalty 2 degrees
be Habitually guilty Rationale: The ties of blood and the performed his mere imposed for lower than
of another crime preservation of the cleanliness of one’s part prior to accessory to the that of the
name, which compels one to conceal crimes its robbery/theft accomplice principal
committed by relatives so near as those commission. [Sec. 3, P.D. [Sec. 4, P.D. [Art. 53 to
Liability of Accessories mentioned in this article. [REYES, Book 1] [People v. 1612] 532] 55, RPC]
Liability is subordinate to the principal because Santos, G.R.
their participation is subsequent to the Principal v. Accomplice v. Accessory No. 117873 Decree Penalizing Obstruction of
commission of the crime. [US v. Mendoza, Principal Accomplice Accessory (1997)] Apprehension and Prosecution of Criminal
G.R. No. 7540 (1912)] The penalty to be [Art. 17] [Art. 18] [Art. 19] As to Necessity of Cooperation Offenders [P.D. 1829]
imposed for accessories is two (2) degrees As to Acts Committed Indispensable Not Not Any person who knowingly or willfully
lower than that prescribed for the felony [Art. One who: One who One who: to the indispensable indispensable obstructs, impedes, frustrates or delays the
53, 55, & 57 RPC]. 1. Directly cooperated 1. Made a commission of apprehension of suspects and the investigation
the crime
participate in the profit from and prosecution of criminal cases, shall be
Effect of Acquittal of Principal d in the commission or assisted punished:
General Rule: If the facts alleged are not offense or of the the 4. SPECIAL LAWS 1. Prision correccional in its maximum period,
proven or do not constitute a crime, the legal 2. Induced or offense offender in or
grounds for convicting the accessory do not forced without profiting Anti-Fencing Law v. Anti-Piracy and 2. Fine ranging from PhP 1,000 – 6,000, or
exist. [US v. Mendoza, G.R. No. 7540 (1912)] others to being from Highway Robbery Law of 1974 v. 3. Both
commit covered by effects of Accomplice
Exemption: If the principal was convicted but the crime; Art. 17 the crime; Anti-Piracy Accessory v. Principal in Obstruction of
not held criminally liable for an exempting or or Anti- and Justice
circumstance (i.e. insanity, minority, etc.) [Art. 3. Committed 2. Concealed Fencing Highway Accessory Law Penalizing
12, RPC], the accessory may still be held Law Robbery [Art. 19 (1)] Accessory
acts which or “Obstruction of
criminally liable since the crime was still [P.D. 1612] Law [P.D. [Art. 19 (3)]
are destroyed Justice” [P.D. 1829]
committed. [US v. Villaluz, G.R. No. 10726 indispensa the body 532] As to Acts Punished
(1915)]. Determination of the liability of the ble to the of the As to Punishable Act
Harboring, Knowingly or willfully
accessory can proceed independently of that of commissio crime; or Knowingly Knowingly Profiting concealing, or obstructing,
the principal. [Vino v. People, G.R. No. 84163 n of the 3. Harbored, profiting or acquiring or themselves assisting in the impeding, frustrating
(1989)] crime concealed assisting the receiving or assisting escape of the or delaying the
or assisted principal to property the offender principal of the apprehension of
Exemptions from Criminal Liability in the profit by the taken by to profit by crime suspects and the
An accomplice is exempted from criminal escape of effects of a pirates or the effects of investigation and
liability when: the robbery or brigands or the crime prosecution of
1. Crime is a light felony. [Art. 19 (c), RPC]; principal theft in any criminal cases
or As to Imposable Penalty manner As to Liability of the Offender
2. Principal is a relative under the Penalty 1 degree 2 degrees benefiting
Offender is merely
exemptions in RPC Art. 20, except if said prescribed by lower [Arts. lower [Arts. therefrom
an accessory to the Offender is liable as
accessory has profited or assisted the law 52, 54, & 56, 53, 55, & 57, As to Crimes Applicable
crime charged and the principal of P.D.
principal in profiting from the crime RPC] RPC] Robbery Robbery of
Any Crime another person is 1829.
As to When Acts Were Committed or Theft Theft charged as the
Relatives Included Under Art. 20 [SAD- Whether Possession Beings About
During the Before or After the principal
BSR] Presumption of Committing the Crime
commission after the commission of As to Crimes Applicable
a. Spouse Mere No such No such
of the offense commission the offense
b. Ascendant possession presumption. presumption.

Page 70 of 286 Page 71 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

If committed by Applies to any crime A. CONSPIRACY AS A FELONY Conspiracy as a common pursuit of

private person - only Exists when two or more persons come to an Conspiracy as a the criminal objective.
Basis for Incurring
applies to the agreement concerning the commission of a Felony Criminal Liability [People v. Pinto, G.R.
specified crimes felony and decide to commit it. [Art. 8, RPC]. As to Stage No. 39519 (1991)]
(e.g., treason, Preparatory acts Executory acts As to Crimes Applicable
parricide, murder, Agreement may be oral or written, express or How Incurred Only applies
attempt against the implied. Commission of overt conspiracy to
life of the President, Mere agreement commit treason,
acts
or principal is Requisites of Conspiracy [ACE]: As to Legal Requirements coup d’état, Any crime
habitually guilty of 1. Two or more persons come to an rebellion,
Participants acted in
another crime) Agreement. concert or insurrection, and
2. Agreement pertains to a Commission of a simultaneously or in sedition
If committed by felony; and any way which is
public officer – 3. Execution of the felony was decided upon. indicative of a B. CONSPIRACY AS A MANNER OF
applies to any meeting of the minds INCURRING CRIMINAL LIABILITY
crime, except light NOTE: Mere knowledge, acquiescence to or RPC must
towards a common
felonies agreement to cooperate, is not enough to specifically punish Liability When Conspiracy is Established
criminal goal or
constitute one as party to conspiracy, absent the act of
criminal objective. General Rule: The act of one becomes the act
b. Conspiracy and Proposal any active participation in the commission of conspiring (and
of all. All who participated therein, irrespective
the crime. Conspiracy transcends proposing)
The act of meeting of the quantity or quality of his participation is
companionship. [People v. Patano, G.R. No. together is not liable equally, whether conspiracy is pre-
Art. 8. Conspiracy and proposal to 129306, (2003)] The act must not
commit felony. - Conspiracy and proposal necessary as long as planned or instantaneous [REYES, Book 1].
be accomplished,
to commit felony are punishable only in the a common objective
Examples of Felonious Conspiracy else the conspiracy Exception – Unless one or some of the
cases in which the law specifically provides can be discerned
[METRICS DATA]: is absorbed and conspirators committed some other crime
a penalty therefor. from the overt acts.
1. Monopolies and combinations in restraint the act itself is which is not part of the intended crime.
of trade [Art. 186, RPC] punished.
A conspiracy exists when two or more The act must be
2. Espionage [Sec. 3, C.A. 616] accomplished, if Exception to the Exception – When the act
persons come to an agreement concerning 3. Treason [Art. 115, RPC]
the commission of a felony and decide to there is only constitutes a “single indivisible offense.”
4. Rebellion [Art. 136, RPC] conspiracy or
commit it. 5. Insurrection [Art. 136, RPC] proposal, there is no Collective Criminal Responsibility v.
6. Coup d’état [Art. 136, RPC] crime to be punished. Individual Criminal Responsibility
There is proposal when the person who has 7. Sedition [Art. 141, RPC]
decided to commit a felony proposes its As to Quantum of Proof Collective Criminal Individual Criminal
8. Selected acts under the Dangerous Drugs Responsibility Responsibility
execution to some other person or persons. Conspiracy must be
Act [Sec. 26, R.A. 9165] established by As to Definition
9. Arson [Sec. 7, P.D. 1613] When offenders are When each of the
positive and
Rule on When Conspiracy and Proposal 10. Terrorism [Sec. 4, R.A. 9372] criminally liable in participants in an
conclusive evidence.
Constitutes a Crime 11. Access device fraud [Sec. 11, R.A. 8484] [People v. Laurio, the same manner offense is
General Rule: conspiracy or proposal to
G.R. No. 181539 and to the same responsible only for
commit a crime is not punishable because they Conspiracy as a Felony v. Conspiracy as a Conspiracy as a
(1991)] extent the consequences of
are only preparatory acts and the law regards Manner of Incurring Criminal Liability crime must be
his own acts in the
them as innocent or at least permissible except Conspiracy as a felony refers to the mere established
However, absence of previous
in exceptional cases. [REYES, Book 1] agreement to commit the said acts and NOT beyond reasonable
circumstantial conspiracy, unity of
the actual execution thereof. [People v. Fabro, doubt
evidence may also be criminal purpose
Exception: When the law specifically provides G.R. No. 114261 (2000)] and intention, or
used and it can be
for a penalty thereof. community of
reasonably inferred
from the acts of the criminal design [US
offenders when such v. Magcomot, G.R.
acts disclose or show No. 4329 (1909)]

Page 72 of 286 Page 73 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

As to Liability consummated in a moment’s notice — through 2. If the party desisted from the commission 1. RECIDIVISM
Once conspiracy is Each of the a single word of assent to a proposal or an of the crime. [People v. Timbol, G.R. Nos.
proven, the act of participants is unambiguous handshake. Yet it is more difficult L-47471-3 (1944)] Recidivist
one is the act of all responsible only for to presume conspiracy in extemporaneous One who, at the time of his trial for one crime,
[People v. Zafra, his own acts outbursts of violence; hence, the demand that Wheel or Circle Conspiracy v. Chain shall have been previously convicted by final
G.R. No. 225784 [Araneta, Jr. v. CA, it be established by positive evidence. [Li v. Conspiracy judgment of another crime embraced in the
(2019)] and they all G.R. No. 43527 People, G.R. No. 127962 (2004)] 1. Wheel or Circle Conspiracy - there is a same title of the RPC. [People v. Lagarto, G.R.
share the same (1990)] single person or group (the hub) dealing No. 65833 (1991)]
liability as co- Doctrine of Implied Conspiracy individually with two or more other persons
principals [People v. Conspiracy may be inferred from the conduct or groups (the spokes). Requisites [Reyes, Book 1]: [TPSC]
Aliben, G.R. No. of the parties, their joint purpose, community of 2. Chain Conspiracy - there is successive a. Offender is on Trial for a felony
140404 (2003)] interest and in the mode and manner of communication and cooperation in much b. He was Previously convicted by final
commission of the offense. [People v. the same way as with legitimate business judgment of another crime
Degree of Proof Pangilinan, G.R. Nos. 134823-25 (2003)]. operations between manufacturer and c. Both the first and second felonies are
General Rule: Conspiracy must be wholesaler, then wholesaler and retailer, embraced in the Same title of the RPC
established by positive and conclusive Existence of Implied Conspiracy must be and then retailer and consumer. [Estrada v. d. Offender is Convicted of the new offense
evidence, not by conjectures or speculations. based on: Sandiganbayan, G.R. No. 148965 (2002)]
[People v. Laurio, G.R. No. 181539 (1991)] 1. Overt acts done before, during, or after the Offender is on Trial for an Offense
commission of the crime; or When the person who has decided to commit a What is controlling is the time of trial, not the
Exceptions: 2. Words, remarks or language used before, felony proposes its execution to some other time of commission of the crime. [REYES,
1. Circumstantial Evidence may be Used during or after the commission of the crime person or persons. [Art. 8, RPC] Book 1]
Conspiracy may be established through [People v. Sandiganbayan, G.R. No. ● It is meant to include everything that is
the collective acts of the accused before, 158754 (2007)] Requisites: [DP] done in the course of the trial, from
during and after the commission of a felony 1. Decision to commit a felony; and arraignment until after the sentence is
that all the accused aimed at the same The above must show that they acted in unison 2. Proposal to execute to other announced by the judge in open court.
object, one performing one part and the with each other, evincing a common purpose person/persons. [People v. Lagarto, supra.]
other performing another for the attainment or design. It must be shown that they ● It is sufficient that the succeeding offense
of the same objective; and that their acts, cooperated in the commission of the offense, It is not necessary that the person to whom the be committed after the commission of the
though apparently independent, were in either morally, through advice, encouragement proposal is made agrees to commit it. [REYES, preceding offense, provided that at the time
fact concerted and cooperative, indicating or agreement or materially through external Book 1] of his trial for the second offense, the
closeness of personal association, acts indicating a manifest intent of supplying accused had already been convicted of the
concerted action and concurrence of aid in the perpetration of the crime in an Proposals Punishable by Law [ReCIT]: first offense. [REYES, Book 1]
sentiments. [People v. Talaogan, G.R. No. efficacious way. [People v. Ramos, G.R. No. 1. Rebellion [Art. 136, RPC]
178198 (2008)] 118570 (2004)] 2. Coup d’ etat [Art. 136, RPC] Rules in Counting Number of Convictions
3. Insurrection [Art. 136, RPC] a. If both offenses were committed on the
2. Presumption of Conspiracy (Band) No Criminal Liability in the Following 4. Treason [Art. 115, RPC] same date, they shall be considered as
Conspiracy need not be proved if the Cases: only one, hence, they cannot be separately
existence of the band is clearly established 1. Mere acquiescence to or approval of the c. Multiple Offenders counted in order to constitute recidivism.
(e.g, crime of robbery with a band). The law commission of the crime, without any act of b. If judgments of conviction handed down on
presumes the attendance of conspiracy so criminal participation, shall not render one Four Forms of Repetition: the same day shall be considered as only
much so that "any member of a band who criminally liable as co-conspirator. [People 1. Recidivism/Reincindencia [Art. 14(9), RPC] one conviction.
is present at the commission of a robbery v. Izon, G.R. L-10397 (1958)] 2. Habituality/Reiteracion [Art. 14(10), RPC]
by the band, shall be punished as principal 3. Multi-recidivism/Habitual Delinquency [Art. When is there Conviction by Final
of any of the assaults committed by the However, having community of design with 62(5), RPC] Judgment
band, unless it be shown that he attempted the principal does not prevent a malefactor 4. Quasi-recidivism [Art. 160, RPC] a. After lapse of period for perfecting appeal
to prevent the same." [People v. Peralta, from being regarded as an accomplice if his (15 days);
supra.] role in the perpetration of the homicide or b. When sentence has been partially or totally
murder was, relatively speaking, of a minor served;
NOTE: Spontaneity does not preclude character. [People v. Nierra, G.R. No. L- c. Accused waived in writing his right to
conspiracy, which after all, can be 32624 (1980)] appeal; or

Page 74 of 286 Page 75 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

d. Accused has applied for probation. [Rule he was again convicted of any of the said Rules in Counting Convictions [REYES,
another offense; Penalty. - Besides the
120, Sec. 7, ROC] provisions of Rule 5 of Article 62, any person crimes for the 2nd time Book 1]
who shall commit a felony after having been c. After his conviction of, or after serving a. Convictions on the same day are counted
Effect of the following: sentence for the second offense, he again as one.
convicted by final judgment, before
● Pardon on the first felony – the first committed, and, within 10 years from his b. Crimes committed on the same date,
beginning to serve such sentence, or while
conviction is still counted to make him a last release or last conviction, he was again although convictions are on different dates,
serving the same, shall be punished by the
recidivist, since pardon does not obliterate convicted of any of said offenses, the 3rd are counted as one.
maximum period of the penalty prescribed by
the fact of his prior conviction. [People v. time or oftener. [Art. 62, RPC] c. Crime committed during the minority of the
law for the new felony.
Lacao, Sr., G.R. No. 95320 (1991)] offender is not considered.
● Amnesty on the first felony - his former NOTE: Computation of the 10-year period can d. Commission of any of the crime need not
conviction would not be aggravating. Requisites [CBD] start from either the conviction OR release of be consummated.
According to Art. 89, amnesty extinguishes a. Convicted by final judgment of one offense. the accused in his previous crime and shall end
not only the penalty but also its effects. [US b. Committed a new felony Before/During with the date of his conviction in the Required Allegations in Information
v. Sotelo, G.R. No. L-9791 (1914)] service of such sentence. [Art. 160, RPC] subsequent crime. [People v. Lacsamana, The information must contain dates of [PLO]:
G.R. No. L-46270 (1938)] a. Commission of Previous crimes
Special Laws Not Contemplated Reiteracion and Quasi-recidivism Cannot b. Last conviction or release
In recidivism, the crimes committed should be be Simultaneous Coverage c. Other previous convictions or releases.
felonies. There is no recidivism if the crime Since reiteracion provides that the accused ● It applies to all participants (e.g., [People v. Venus, G.R. No. 45141 (1936)]
committed is a violation of a special law. has duly served the sentence for previous principals, accomplices, accessories)
[People v. Lauleco, C.A., 36 O.G. 956] conviction/s, or is legally considered to have because it reveals persistence in them of NOTES:
done so, quasi-recidivism cannot at the same the inclination to wrongdoing and of the ● Plea of guilty which fails to allege the dates
2. HABITUALITY (REITERACION) time constitute reiteracion, hence the latter perversity of character that led them to of the commission of previous offences,
cannot apply to a quasi-recidivist. [People v. commit the previous crime. convictions, and of releases is not an
Requisites [REYES, Book 1]: [TPE2LC] Layson, G.R. No. L-25177 (1969)] ● It applies to any stage of the execution admission of habitual delinquency, but
a. Offender is on Trial for an offense (attempt, frustration, or consummation) recidivism. [People v. Masonson, G.R. No.
b. He Previously served sentence for: Pardon [Art. 160(2), RPC] because subjectively, the offender reveals 45249 (1936)]
i. Another offense to which the law General Rule: A quasi-recidivist may be the same degree of depravity or perversity ● Failure to object admission of decision
attaches Equal or greater penalty; or pardoned and pardon is to be given to a convict as the one who commits a consummated showing dates of previous convictions
ii. 2 or more crimes to which it attaches who: crime. cures the failure to allege said dates in the
Lighter penalty than that for the new 1. Is not a habitual criminal; Not An Ex Post Facto Law information. [People v. Nava, C.A., 58 O.G.
offense 2. Is already at the age of seventy (70) years; The imposition of the additional penalty on 4750]
c. Offender is Convicted of the new offense and habitual delinquents are not unconstitutional
3. Has already served out his original because such law is neither an ex post facto Penalties [REYES, Book 1]
NOTE: What is considered is the penalty sentence or if he completing it after law nor an additional punishment for future Nth
reaching such age crimes. It is simply a punishment on future Penalty Plus
attached to offense, not the one actually Conviction
imposed. [REYES, Book 1] crimes on account of the criminal propensities prision
Exception: If by reason of his conduct, he is of the accused. [People v. Montera, G.R. No. correccional
Offender Already Served Sentence deemed not worthy of such clemency. L-34431 (1931)] 3rd
(med. and
There is no reiteracion if the accused was still max. periods)
serving sentence at the time of the commission 4. MULTI-RECIDIVISM/HABITUAL Recidivism Inherent in Habitual Prescribed prision mayor
of the offense. In reiteracion/habituality, it is DELINQUENCY Delinquency 4th penalty on (min. and
necessary that the offender shall have served A habitual delinquent is necessarily a recidivist. the last med. periods)
out his sentence for the first offense. [REYES, Requisites [T-FIRE, 10-2, 10-3] In penalizing him, the aggravating crime prision mayor
Book 1] a. Offender had been convicted of any of the circumstance of recidivism has to be taken into (max. period)
crimes of [T-FIRE]: Theft; Falsification; account. However, for the purpose of fixing the 5th and
to reclusion
3. QUASI-RECIDIVISM serious or less serious physical Injuries; additional penalty, recidivism cannot be taken succeeding
temporal (min.
Robbery; Estafa. as an aggravating circumstance for the reason period)
b. After conviction or after serving his that it is inherent in habitual delinquency.
Art. 160. Commission of another crime sentence, he again committed, and, within [People v. Tolentino, G.R. No. L-48740 (1942)]
during service of penalty imposed for 10 years from his release or first conviction,

Page 76 of 286 Page 77 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Limitation: 30 years. In no case shall the total The imposition of such additional penalties is habituality would result
of the 2 penalties imposed upon the offender mandatory and is not discretionary. in a penalty of death
exceed 30 years [REYES, Book 1]
As to Proof/Other Requirements
Recidivism v. Reiteraction v. Quasi-Recidivism v. Habitual Delinquency Proof of Recidivism Proof of Habituality Proof of Quasi- Required
Habituality/ It is necessary to Requires presentation Recidivism Allegations in
Recidivism/ Habitual allege recidivism in of certified copies of the Requires the Information
Reiteracion/ Quasi-Recidivism; the information and to sentence rendered presentation of a The information must
Reincindencia; Repetition Art. 160 Delinquency;
Art. 14 (9) Art. 62 (5) attach thereto against the accused certified copy of the contain dates of
Art. 14 (10) certified copies of the except when the sentence convicting [PLO]:
As to Nature sentences rendered defendant pleads guilty an accused. [People 1. Commission of
As to When the Second (2nd) Crime was Committed against the accused. to the information v. Gaorana, G.R. Nos. Previous crimes
After conviction of 1st After serving sentence After conviction of 1st Within 10 years from alleging reiteracion. 109138-39 (1998)] 2. Last conviction
crime. for the 1st crime crime – but before his last release or The trial court may [People v. Monterey y or release
serving sentence for conviction still give such Quindoza, G.R. No. 3. Other previous
the 1st crime, or while aggravating 109767 (1996)] convictions or
serving such sentence circumstance releases. [People
As to the Crimes Committed credence if the v. Venus, G.R.
2 conviction - for
nd Offender has been Offender is convicted At least 3 accused does not No. 45141
an offense embraced previously punished of: for a 2nd felony. convictions are object to the (1936)]
in the same title of 1. One (1) offense – to required. presentation. [People
RPC which the law NOTE: 1st crime may v. Molina, G.R. Nos.
attaches equal or be a felony or offense Offender is found 134777-78 (2000)]
greater penalty; or but the 2nd crime must guilty for the 3rd time
2. Two (2) offenses – be a felony. or oftener of the 4. Penalties v. Tabije, C.A., 59, O.G. (1992), as cited in
to which the law following crimes [T- REYES, Book 1]
attaches lighter FIRE]: 8. Correctional.
Penalty
penalty 1. Theft
The suffering that is inflicted by the State for
2. Falsification Three-Fold Purpose of Penalties [REYES,
the transgression of a law. [REYES, Book 1]
NOTE: Previous and 3. Less serious or Book 1]
subsequent offenses serious physical 1. Retribution/Expiation – penalty is
Juridical Condition [REYES, Book 1]
must NOT be embraced Injuries commensurate with gravity of offense
Penalty must be: [PCP-LegCEDC]
in the same title of the 4. Robbery
1. Productive of suffering, without affecting the 2. Correction/Reformation – seen in rules
RPC. 5. Estafa regulating the execution of the penalties
integrity of the human personality.
As to Type of Aggravating Circumstance consisting in the deprivation of liberty
2. Commensurate to the offense – different
Special Aggravating Extraordinary 3. Social Defense – seen in its inflexible
crimes must be punished with different
Generic Aggravating Circumstance Circumstance Aggravating severity to recidivists and habitual
penalties.
Circumstance delinquents
3. Personal – no one should be punished for
As to Effect on Penalty
the crime of another.
If not offset by any Same as recidivism but Imposes the An additional penalty Constitutional Restriction on Penalties
4. Legal – it is the consequence of a judgment
mitigating not always an maximum of the shall be imposed The following are not allowed under Art. III,
according to law.
circumstance, aggravating penalty for the new 5. Certain – no one may escape its effects. Sec. 19(1) of the 1987 Constitution:
increase the penalty circumstance as Court offense, and cannot 1. Excessive fines
6. Equal for all.
only to the maximum should exercise be offset by any 7. Definite – law does not permit any court to 2. Cruel, degrading and inhumane
discretion in favor of the mitigating impose a sentence in the alternative, its punishment – when it is so
accused if the previous circumstance duty being to indicate the penalty imposed disproportionate to the offense committed
offenses of the offender definitively and positively. [People v. so as to shock the moral sense of all
are against property and reasonable men as to what is right and
Mercadejas, C.A., 54 O.G. 5707 and People
not directly against proper under the circumstances [REYES,
persons and applying Book 1]

Page 78 of 286 Page 79 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. Death Penalty, unless Congress provides imprisonment in case of inability to pay the c. Duration and Effects 5. Penalties Common to the Three
for it for heinous crimes fine. [REYES, Book 1] Preceding Classes [FB]
Scale of Principal Penalties [Art. 25, RPC] a. Fine
a. Imposable Penalties Either Principal or Accessory 1. Capital Punishment: Death b. Bond to keep the peace.
The following may be principal or accessory 2. Afflictive Penalties [RP, RT, PAD, TAD,
Prescribed vs. Imposable >Penalty vs. penalties, because they are formed in the two PSD, TSD, PM] Scale of Accessory Penalties [REYES, Book
Penalty Actually Imposed general classes: [REYES, Book 1] a. Reclusion Perpetua, 1]
Penalty 1. Perpetual or temporary absolute b. Reclusion Temporal, [PAD, TAD, PSD, TSD, S, CI, I, F, Pay]
Prescribed Imposable disqualification c. Perpetual or Temporary Absolute 1. Perpetual or Temporary Absolute
Actually
Penalty Penalty 2. Perpetual or temporary special Disqualification, Disqualification
Imposed
As to Definition disqualification (e.g., Arts. 226-228, RPC) d. Perpetual or Temporary Special 2. Perpetual or Temporary Special
An initial 3. Suspension (e.g., Art. 236, RPC) Disqualification, Disqualification
penalty as a e. Prision Mayor. 3. Suspension from public office, the right to
general Other Classifications 3. Correctional Penalties [PC, AM, S, Des] vote and be voted for, the profession or
Penalty after a. Prision Correccional calling
prescription A single fixed
the 1. According to Divisibility [REYES, Book 1] b. Arresto Mayor 4. Civil Interdiction,
for the penalty (also
attending or Divisible. Those that have fixed duration c. Suspension 5. Indemnification,
felonies called a
modifying and can be divided into three periods: d. Destierro 6. Forfeiture or confiscation of instruments and
defined straight
circumstanc minimum, medium, maximum. 4. Light Penalties [Am,Pc] proceeds of the offense,
therein penalty)
es have a. Reclusion temporal a. Arresto menor 7. Payment of costs
which chosen by
been b. Prision mayor b. Public censure
consists of a the court
appreciated c. Prision correccional
range of
period of d. Suspension Penalties involving Death/Imprisonment (Deprivation of Freedom)
time. e. Destierro Penalty Duration Accessories
Example: As Applied to homicide f. Arresto mayor Capital Punishment
One g. Arresto menor Death Indivisible
ordinary Death, when not executed due Indivisible 1. Perpetual absolute
aggravating Indivisible. Those that have no fixed to pardon or commutation disqualification; and
17 years, 4 duration.
and no (REPEALED) 2. Civil interdiction for 30 years,
months and a. Death
Reclusion mitigating if not expressly remitted in the
1 day of b. Reclusion perpetua
temporal circumstanc pardon [Art. 40, RPC]
reclusion c. Perpetual absolute/special
es: reclusion Afflictive Penalties
temporal disqualification
temporal in Reclusion Perpetua 20 years & 1 day to 40 1. Civil interdiction for life or
d. Public censure
its maximum years (Indivisible) [Art. 27, during the period of the
period RPC] sentence as the case may be
2. According to Subject-Matter
See: Discussion under “Classification” below 2. Perpetual Absolute
a. Corporal - Death.
for the complete list of imposable penalties. Disqualification which the
b. Deprivation of freedom - Reclusion,
offender shall suffer even
prision, arresto.
b. Classification c. Restriction of freedom - Destierro.
though pardoned as to the
principal penalty, unless the
d. Deprivation of Rights - Disqualification,
Major Classification same shall have been
suspension.
1. Principal Penalties - Those expressly expressly remitted in the
e. Pecuniary - Fine. pardon [Art. 41, RPC]
imposed by the court in the judgment of
conviction. Reclusion Temporal 12 years & 1 day to 20 1. Civil interdiction for life or
3. According to Gravity [Art. 9, 25, and 26,
2. Accessory Penalties - Those that are years [Art. 27, RPC] during the period of the
RPC]
deemed included in the imposition of the sentence as the case may
a. Capital
principal penalties. be.
b. Afflictive
3. Subsidiary Penalties - Those imposed in 2. Perpetual Absolute
c. Correctional
lieu of principal penalties, i.e., Disqualification which the
d. Light

Page 80 of 286 Page 81 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

offender shall suffer even 4. Loss of retirement rights [Art.

though pardoned as to the 30, RPC]
principal penalty, unless the 1. Deprivation of public office,
6 years & 1 day to 12 years
same shall have been even if by election
except when disqualification
expressly remitted in the 2. Deprivation of right to vote &
pardon. [Art. 41, RPC] penalty is imposed as an
Temporary Absolute be voted for during sentence
accessory penalty, in which
Prision Mayor 6 years & 1 day to 12 years 1. Temporary Absolute Disqualification 3. Disqualification from public
case its duration shall be
[Art. 27, RPC] Disqualification office held during sentence
that of the principal penalty.
2. Perpetual Special 4. Loss of retirement rights [Art.
[Art. 27, RPC]
Disqualification from the right 30, RPC]
to suffrage which the 1. Deprivation of office,
offender shall suffer although employment, profession, or
pardoned as to the principal calling affected
penalty unless the same 2. Disqualification from similar
shall have been expressly Perpetual Special offices or employments [Art.
For life
remitted in the pardon. [Art. Disqualification 31, RPC]
42, RPC] 3. Right to suffrage (vote in any
Correctional Penalties popular election for public
Prision Correccional 6 months & 1 day to 6 1. Suspension from public office or be elected to such
years [Art. 27, RPC] office office) [Art. 32, RPC]
2. Suspension from the right to 1. Deprivation of office,
follow a profession or calling employment, profession, or
6 years & 1 day to 12 years
3. Perpetual Special calling affected
except when disqualification
Disqualification for the right 2. Disqualification from similar
penalty is imposed as an
of suffrage, if the duration of Temporary Special offices or employment [Art.
accessory penalty, in which
the imprisonment shall Disqualification 31, RPC]
case its duration shall be
exceed 18 months [Art. 43, 3. Right to suffrage (vote in any
RPC] that of the principal penalty.
popular election for public
[Art. 27, RPC]
Arresto Mayor 1 month & 1 day to 6 1. Suspension of right to hold office or be elected to such
months [Art. 27, RPC] office office) [Art. 32, RPC]
2. Suspension of the right of Correctional Penalties
suffrage during the term of 6 months & 1 day to 6 years
the sentence [Art. 44, RPC] except when the penalty of
Light Penalties disqualification is imposed 1. Public office
Arresto Menor 1 day to 30 days [Art. 27, 1. Suspension of right to hold Suspension as an accessory penalty, in 2. Profession or calling
RPC] office which case its duration shall 3. Suffrage [Art. 33, RPC]
2. Suspension of the right of be that of the principal
suffrage during the term of penalty. [Art. 27, RPC]
the sentence [Art. 44, RPC] Prohibition to enter w/in 25-250
6 months & 1 day to 6 years
Destierro km radius from the designated
[Art. 27, RPC]
Penalties involving Deprivation of Rights place [Art. 87, RPC]
Penalty Duration Effects
Afflictive Penalties
1. Deprivation of public office,
even if by election
Perpetual Absolute 2. Deprivation of right to vote &
For life
Disqualification be voted for
3. Disqualification from public
office held

Page 82 of 286 Page 83 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

1. Capital Punishment Heinous Crimes Remain “Heinous.” AM No. 15-08-02-SC, in rel. to sec. 3 of R.A. or within the 25-250 km. radius specified. [Art.
Debarring the death penalty through R.A. 9346 9346. 87, RPC]
The death penalty shall be imposed in all cases did not declassify those crimes previously Conditions Effect
in which it must be imposed under existing catalogued as "heinous" (in R.A. 7659). R.A. Convicted of offense Ineligible for parole Although destierro does not constitute
laws, except in the following cases (reclusion 9346’s amendments extend only to the punished with or under Indeterminate imprisonment, it is still a deprivation of liberty.
perpetua shall be imposed): application of the death penalty but not to the reduced to reclusion Sentence Law Art. 29 of the RPC applies when the penalty is
1. When the guilty person be more than definition or classification of crimes. It does not perpetua (ISLAW) destierro. [People vs. Bastasa, G.R. No. L-
seventy (70) years of age or below serve as a basis for the reduction of civil When death penalty No need to use 32792 (1979) as cited in REYES Book 1]
eighteen (18) years of age at the time of the indemnity and other damages that adhere to is not warranted qualification of
commission of the crime [Art. 47, RPC, as heinous crimes. [People v. Bon, supra.] “without eligibility for Penalties Common to Afflictive,
amended by R.A. 9344] parole” as convicted Correctional, and Light Penalties
2. When upon appeal or automatic review of 2. Reclusion Perpetua persons penalized 1. Fines
the Supreme Court, the required majority with an indivisible Classification of Penalties
vote is not obtained for the imposition of the Duration penalty are not [Art. 26, RPC, as amended by Sec. 2, RA
death penalty. [Art. 47, RPC, as amended In R.A. 7659, the penalty of reclusion perpetua eligible for parole 10951]
by R.A. 9346] is now accorded a defined duration ranging When death penalty Must use Afflictive More than Php1,200,000
from twenty (20) years and one (1) day to forty is warranted, if not qualification “without Php40,000 to
Abolition of Death Penalty (40) years. Correctional
for R.A. 9346 eligibility for parole” Php1,200,000
R.A. 9346 (Act Prohibiting the Imposition of to qualify reclusion Light Below Php40,000
Death Penalty) provides for: Indivisibility perpetua and to
1. Prohibition on death penalty [Sec. 1, R.A. Reclusion perpetua remains an indivisible emphasize that the Classification of Penalty
9346] penalty despite the duration provided for it. accused should Art. 26 merely classifies fine and has nothing to
2. Repeal of R.A. 8177 (Act Designating Death [REYES, Book 1] have been do with the definition of offenses. Hence, Art. 9
by Lethal Injection) and R.A. 7659 (Death sentenced to suffer should prevail over Art. 26 where the
Penalty Law) [Sec. 1, R.A. 9346] Considering that it is an indivisible penalty, it is the death penalty if prescription of a crime and not the prescription
3. In lieu of death penalty, following shall be also unnecessary for the court to specify the not for R.A. 9346. of a penalty is the question. [People v. Yu Hai,
imposed: length of imprisonment [People v. Ramirez, G.R. No. L-9598 (1956), cited in REYES, Book
a. Reclusion perpetua - if the law violated G.R. No. 138261 (2001)]. 3. Destierro 1].
uses the RPC’s nomenclature; and
b. Life imprisonment - if it does not [Sec. Life Imprisonment v. Reclusion Perpetua Applicability Rules in Fines
2, R.A. 9346] [People v. Ballabare, G.R. No. 108871 (1996)] Destierro applies in the following cases: [F- 1. The court can fix any amount of the fine
Cadena Perpetua ICE]
Reclusion Perpetua within the limits established by law but must
Constitutional Prohibition (Life imprisonment)
1. In case of Failure to give bond for good consider:
In the constitutional prohibition on death As to Offenses
behavior [Art. 284, RPC] a. Mitigating and aggravating
penalty [Art. III, Sec. 19(1), 1987 Constitution], 2. Serious physical Injuries
Imposed for serious Prescribed under the circumstances
the latter is placed in a “suspensive condition” 3. Penalty of Concubine in concubinage [Art.
offenses penalized by RPC b. Wealth or means of the culprit [Art. 66,
or in a “state of hibernation.” It is included in the 334, RPC]
special laws RPC]
computation of penalty but not imposed. 4. Death under Exceptional circumstance
As to Accessory Penalties 2. When the law does not fix its minimum - the
No accessory With accessory [Art. 247, RPC] determination of the amount of is left to the
"Death" as used in Art. 71, RPC, shall no longer penalties penalties 5. In cases where after reducing the penalty by sound discretion of the court, provided
form part of the equation in the graduation of As to Duration one or more degrees, destierro is the proper within the maximum authorized by law.
penalties. For example, the determination of Entails imprisonment penalty. [REYES, Book 1] [People v. Quinto, G.R. No. 40934 (1934) as
his penalty for attempted rape shall be for at least 30 years
cited in REYES, Book 1]
reckoned not from two degrees lower than after which the convict Duration
Does not appear to 3. Fines are not divisible
death, but two degrees lower than reclusion becomes eligible for Destierro lasts from 6 months and 1 day to 6
have any definite
perpetua. [People v. Bon, G.R. No. 166401 pardon although the
extent or duration years. [Art. 27, RPC] Increasing or Reducing Fine
(2006)] maximum period shall
in no case exceed 40 Fines are graduated into degrees when
years Nature of Destierro imposing them upon accomplices and
Note that the death penalty remains in the Those sentenced to destierro are not allowed accessories or in principals in
RPC; R.A. 9346 merely prohibits its imposition to enter the place/s designated in the sentence

Page 84 of 286 Page 85 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

frustrated/attempted felonies. [Arts. 50-57, b. Light penalties - not more than 30 days When Duration of Penalty Begins [Art. 28, Examples of Temporary Penalties:
RPC] for light penalties. [see Art. 35, RPC; RPC] 1. Temporary absolute disqualification
REYES, Book 1] When Duration of 2. Temporary special disqualification
If it is necessary to increase/reduce the penalty Scenario Penalty 3. Suspension
of fine by 1 or more degrees it shall be Duration Commences
increased/reduced respectively or each degree The bond to keep the peace shall be required When offender is in Duration of Examples of penalties consisting in
by one-fourth (¼) of the maximum to cover such period of time as the court may prison temporary penalties deprivation of liberty:
prescribed amount by law without changing determine. [Art. 27, RPC, as amended by R.A. is from the day on 1. Imprisonment
the minimum. This shall also be observed with 7659 as cited in REYES, Book 1] which the judgment 2. Destierro
fines that are made proportional. [Art. 75, RPC] of conviction
Applicability becomes final. Preventive Imprisonment
This does not apply when there is no minimum General Rule: Since according to Art. 21 no When offender is Duration of penalty The accused undergoes preventive
amount fixed by law, in which case the amount felony shall be punishable by any penalty not not in prison consisting of imprisonment when the offense charged is non
imposed is left to the sound discretion of the prescribed by law prior to its commission, and deprivation of liberty bailable, or even if bailable, he cannot furnish
courts. [People v. Quinto, G.R. No. L-40934 bond to keep the peace is not specifically is from the day the the required bail [REYES, Book 1]. Its purpose
(1934)] provided for by the Code for any felony, that offender is placed at is to prevent the accused from going into hiding
penalty cannot be imposed by the court. the disposal of [BOADO, Book 1].
Fine with Minimum vs. Fine Without [REYES, Book 1] judicial authorities
Maximum [REYES, Book 1] for the enforcement Rules in Deducting Period of Preventive
Fine With Fine Without Exception: Bond to keep the peace is of the penalty. Imprisonment [Art. 29, RPC]
Minimum Minimum required of a person making a grave or light For other penalties From the day on
As to What Fixes the Maximum threat. [Art. 284, RPC as cited in REYES, Book which the offender General Rule: Offenders who underwent
In both, the law fixes the maximum of the fine 1] commences to serve preventive imprisonment shall be credited in
As to the Court Imposing the Minimum his sentence. the service of their sentence consisting of
The Court cannot The Court can Bond to Keep Peace v. Bail Bond [REYES, When the accused, From the date of the deprivation of liberty, with the full time during
change the impose any amount Book 1] who was in promulgation of the which they were under preventive
minimum not exceeding the Bond to Keep the custody, appealed decision of the imprisonment, if they agree voluntarily in
Bail Bond
maximum Peace appellate court. writing to abide by the same disciplinary rules
When Court Also Fixed the Maximum As to Purpose/Applicability [Ocampo v. CA, imposed upon convicted prisoners.
The Court can The Court cannot Penalty for offense Posted for G.R. No. L-7469 Exceptions:
impose an amount impose an amount of grave/light threat provisional release (1955), cited in 1. They are recidivists/have been convicted
higher than the higher than the of a person REYES, Book 1 at previously twice or more times of any
maximum maximum arrested/accused of 625] crime; and
a crime Temporary Penalties 2. They failed to surrender voluntarily when
2. Bond to Keep Peace If offender is From day on which summoned for the execution of their
Termination of Parental Authority undergoing the judgment of sentence.
Effect of Penalty: [2SDD] Unless subsequently revived by a final preventive conviction becomes
1. Offender must present two (2) sureties who judgment, parental authority also terminates imprisonment final, but offender is NOTE: Credit for preventive imprisonment for
shall undertake that the offender will not [Art. 229, RPC]: entitled to a the penalty of reclusion perpetua shall be
commit the offense sought to be prevented 1. Upon judicial declaration of abandonment deduction of full time deducted from 30 years.
and that they will pay a court-determined of the child in a case filed for the purpose; or 4/5 of the time of
amount if said offense be committed. or detention [REYES, Other Rules [Art. 29, RPC]
2. Offender must Deposit amount to the clerk 2. Upon final judgment of a competent court Book 1] Scenario Effect
of court. divesting the party concerned of parental If offender is not From the day on If detention Credited in the
3. Offender must be Detained if he cannot give authority; xxx under detention which the offender prisoner does not service of his
the bond. because offender commences to serve agree to abide by sentence with four-
a. Grave/less grave felonies - not more d. Application was released on his sentence the same fifths (4/5) of the time
than 6 months bail [REYES, Book 1] disciplinary rules during which he has
imposed upon undergone
preventive

Page 86 of 286 Page 87 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

convicted imprisonment [as rendition of judgment of conviction by the trial Not an Alternative [People v. Yu Lian, CA 40 OG 4205, as cited in
prisoners amended by R.A. court, subject to the rules provided for in Article A convict—who has property (a) not exempt REYES, Book 1]
6127] 39. [REYES, Book 1] from execution and (b) sufficient enough to
If accused’s period Released meet the fine—cannot choose to serve the Applicability
of preventive immediately without Nature subsidiary penalty. [REYES, Book 1] General Rule: Applicable to those sentenced
imprisonment is prejudice to the It is NOT an accessory penalty. Therefore, the with imprisonment exceeding one (1) year.
equal to/more than continuation of the culprit cannot be made to go subsidiary When Not Applicable • Application of the law is based on the
the possible max. trial thereof or the imprisonment unless the judgment expressly 1. When the penalty imposed is higher than penalty actually imposed. Hence, in a
imprisonment of proceeding on so provides. [People v. Fajardo, G.R. No. prisión correccional [Art. 39, par. 3, RPC] case where the court imposes a penalty of
the offense appeal, if the same is 43466 (1938), cited in REYES, Book 1] 2. For failure to pay the reparation of the prisión correccional minimum (6 months
charged to which under review [as damage caused, indemnification of the and 1 day), ISLAW does not apply [People
he may be amended by EO Accordingly, an accused cannot be made to consequential damages, and the costs of v. Moises, G.R. No. L-32495 (1975), cited
sentenced and his 214, 1988] undergo subsidiary imprisonment in case of the proceedings in REYES, Book 1]
case is not yet insolvency to pay the fine imposed upon him 3. When the penalty imposed is a fine and a Exceptions:
terminated Exceptions: If the when the subsidiary imprisonment is not penalty not to be executed by confinement 1. Not applicable when unfavorable to the
accused is absent imposed in the judgment of conviction. [Ramos in a penal institution and which has no accused [People v. Nang Kay, 88 Phil. 515,
without justifiable v. Gonong, G.R. No. L-42010, (1976)] fixed duration 519 as cited in REYES, Book 1]
cause at any stage of 2. The following are excluded from
the trial, court may Rules as to Subsidiary Imprisonment [Art. NOTE: Subsidiary imprisonment can be coverage: [Sec. 2, ISLAW] [PH LENDS
motu proprio order 39, RPC] imposed for violation of special laws pursuant TRES TVJ]
the rearrest of the Penalty Duration of Subsidiary to Art. 10 of the RPC, which provides that the a. Convicted of Piracy
accused. Imposed Imprisonment RPC shall be supplementary to special laws; b. Habitual delinquents (but applies to
Recidivists, habitual Shall not exceed 1/3 of unless, the special law provides that subsidiary recidivists).
delinquents, the term of the sentence imprisonment shall not be imposed. [Art. 10, c. Convicted of offenses punished with
Prisión RPC; Jao Yu v. People, G.R. No. 134172
escapees and and shall not continue for death penalty or Life imprisonment.
correccional (2004)]
persons charged more than 1 year.
or arresto; and However, when there are two mitigating
with heinous crimes
fine ii. Indeterminate Sentence Law circumstances, despite the offense being
are also excluded. Fraction or part of a day
If maximum Released after thirty not counted. (R.A. 4103, as amended by Act punishable by reclusion temporal to
penalty to which (30) days of Grave or less grave No. 4225) death, ISLAW applies. [People v. Roque,
the accused may preventive felony: Shall not exceed 90 Phil 142, 146 (1951), as cited in
be sentenced is imprisonment (as 6 months. Purpose REYES, Book 1]
Fine Only The law is intended to favor the defendant,
destierro amended by EO
214, 1988) Light felony: Shall not particularly to shorten his term of d. Those who shall have escaped from
If penalty imposed Convict should be exceed 15 days. imprisonment, depending upon his behavior confinement or Evaded service of
after trial is less released Higher than and his physical, mental and moral record as a sentence
No subsidiary prisoner, to be determined by the Board of e. Those whose maximum term of
than the full time immediately prisión
imprisonment. Indeterminate Sentence. imprisonment does Not exceed one
or four-fifths of the [REYES, Book 1] correccional
time of the Penalty not to Why “Indeterminate Sentence” year.
Same deprivations as After serving the minimum, the convict may be f. Those sentenced to the penalty of
preventive be executed
imprisonment those of the principal released on parole, OR if he is not fitted for Destierro or Suspension.
by
penalty, under the same release, he shall continue serving his sentence g. Convicted of misprision of Treason,
confinement,
rules as in the first 3 until the end of the maximum [REYES, Book 1] Rebellion, Espionage, Sedition.
i. Subsidiary Imprisonment but of fixed
cases above. h. Convicted of Treason, conspiracy or
duration
Definition In case Mandatory proposal to commit treason
It is personal liability to be suffered by the financial Convict shall pay the fine, Application of ISLAW is mandatory because i. Those who Violated the terms of
convict who has no property with which to meet circumstances notwithstanding fact that the law employs the phrases “convicts shall be conditional pardon granted to them by
the fine at the rate of one day for each amount of the convict he suffered subsidiary sentenced” and “the court shall sentence the the Chief Executive
equivalent to the highest minimum wage rate should personal liability therefor. accused to an indeterminate sentence.”
prevailing in the Philippines at the time of the improve

Page 88 of 286 Page 89 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

j. Those who had been sentenced by final adopts the crimes release, the Board may authorize his (principal, and Indivisible
Judgment at the time of the approval of technical punishable by release on parole, upon terms and accomplice, (except if
this law. > nomenclature RPC. [Imbo v. conditions as may be prescribed. accessory) [Art. privileged
and People, supra] 2. Whenever the prisoner on parole during the 61, RPC] mitigating)
NOTE: ISLAW was approved on June signification of period of surveillance violates any of the 3. Privileged 2. In felonies
19, 1965 penalties under conditions, Board may issue an order for his Mitigating through
RPC, arrest where the prisoner shall serve the circumstance Negligence [Art.
Maximum and Minimum Terms indeterminate unexpired portion of the maximum alleged in the 365, RPC]
Law Maximum Minimum Term sentence is sentence. [Secs. 6 and 8, R.A. 4103, as Information [Arts. 3. When the
Term based on rule amended by Act No. 4225] 68 and 69, RPC] penalty is only a
Penalty which Court’s intended for 3. Even if the prisoner has already served the 4. Qualifying Fine imposed by
could be discretion, crimes minimum, but he is not fitted for release on circumstance an ordinance
properly provided that the punishable by parole, he shall continue to serve alleged in the [People v. Kuan,
imposed under minimum term is RPC. [Imbo v. imprisonment until the end of the maximum. Information G.R. No. L-
the rules of the anywhere within People, G.R. [REYES, Book 1] 48515 (1942)]
RPC, in view of the range of the No. 197712 4. When the
the attending penalty next (2015)] See: End of section on “Graduation of penalties are
circumstances. lower to that Penalties” for comprehensive illustrations prescribed by
prescribed by the Other modifying circumstances outside of Arts. applying rules on graduation of penalties and Special laws
Basis: RPC for the 13 and 14 of the RPC are to be treated as ISLAW. [REYES, Book
Imposable offense, without attending circumstances for purposes of 1]
RPC
penalty (after regard to its 3 computing the maximum term under ISLAW. e. Graduation of Penalties
considering periods. [Sec. 1, [People v. Temporada, supra] Indivisible Penalties: [DeRPP]
mitigating or ISLAW] Factors in Fixing Minimum Penalty [People Degree v. Period 1. Death
aggravating v. Ducosin, 59 Phil 109, 118 (1933)] Degree Period 2. Reclusion Perpetua
circumstances) Basis: 1. Criminal as an individual Definition 3. Public censure
[Sec. 1, ISLAW] Prescribed a. Age of the criminal One entire penalty; One of three equal Divisible Penalties: [Ret-PriMaCo-AMaMe-
penalty, not the b. General health and physical conditions one whole penalty or portions, called D]
imposable c. Mentality, heredity and personal habits one unit of the minimum, medium 1. Reclusion Temporal
penalty. [People d. Previous conduct, environment, mode of penalties and maximum, of a 2. Prision Mayor
v. Temporada, life, and criminal record enumerated in the divisible penalty. 3. Prision Correccional
supra] e. Previous education (intellectual & moral) graduated scales 4. Arresto Mayor
Maximum term Minimum term f. Proclivities and aptitudes for usefulness provided for in Art. 5. Destierro
shall not shall not be less or injury to society 71 [ESTRADA, Book 6. Arresto Menor
exceed the than minimum g. Demeanor during trial and attitude with 1] [REYES, Book 1]
maximum fixed specified by the regard to the crime committed How Affected
by the special law. h. Gravity of the offense Graduation of General Rule: Imposition of Penalty
law. [Sec. 1, 2. Criminal as a member of society penalties by degrees Graduation by Rule: Whenever the law prescribes a penalty
ISLAW] Exception: When a. Relationship toward his dependents, considers the periods considers for a felony is general terms, it shall be
the special law family and associates, and their following: [SP-MC- the ordinary understood as applicable to the consummated
Speci
Presence of adopts the relationship with him QC] aggravating and felony [Art. 46, RPC].
al
attending technical b. Relationship towards society at large 1. Stages of mitigating
Law
circumstances nomenclature and the State execution circumstances.
does not affect and signification (consummated, [RPC, Art. 64]
the imposition of penalties Rules in Authorizing Prisoner to be frustrated,
of the penalty. under RPC, Released on Parole attempted) [Art. Exceptions:
indeterminate 1. Whenever the prisoner shall have served 61, RPC] [SINFiS]
Exception: sentence is the minimum penalty imposed on him, and 2. Extent of 1. When the
When the based on rule it shall appear to the Board of Indeterminate Participation penalty is Single
special law intended for Sentence that such prisoner is fitted for

Page 90 of 286 Page 91 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Degrees Imposable d. Using falsified dispatch. [Art. 173, par. 2, The medium circumstances (generic) and no aggravating
Consum Frustra Attempt RPC] and minimum circumstance [Art. 64].
mated When the penalty
ted ed period of the
is composed of
Principal 0 1 2 Rules for Graduating Penalties by Degree divisible Effects of Mitigating or Aggravating
one indivisible
Accompl 1 2 3 Next Lower Art. penalty and the Circumstances
Scenario penalty and the
ice Degree 61(3) maximum of [Art. 62, RPC]
maximum period
Accesso 2 3 4 The penalty that Circumstance Effect
of a divisible
ry that follows the immediately Increase the penalty
When the penalty penalty
Art. single and following Aggravating without exceeding the
is single and
“0” represents the penalty prescribed by law in 61(1) indivisible penalty Circumstance maximum provided by
indivisible
defining a crime, which is to be imposed on the penalty in Art. Reclusion Prision Mayor law
PRINCIPAL in a CONSUMMATED OFFENSE, 71 Temporal in its in its maximum Mitigating Diminish the penalty
in accordance with the provisions of Art. 46. Reclusion Reclusion e.g. maximum period to Reclusion Circumstance
e.g.
Perpetua Temporal to Reclusion Temporal in its Increases the penalty
The other figures represent the degrees to When the penalty Penalty that Perpetua medium because of recidivism,
which the penalty must be lowered, according Art. is composed of follows the Penalty Habitual which is generally implied
to the stage of execution and extent of 61(2) two indivisible lesser of the prescribed by Penalty Delinquency in habitual delinquency.
participation of the accused. penalties two in Art. 71 RPC consists in 3 consisting in Also imposes an
Reclusion periods, the 3 periods additional penalty.
Reclusion corresponding to
Exceptions: Arts. 50 to 57 shall not apply to e.g. Perpetua to down in the
Death Temporal different divisible scale Rules for Graduation of Periods
cases where the law expressly prescribes the
penalty for frustrated or attempted felony, or to The penalty penalties When penalty is:
Penalty is Art. 1. Single Indivisible: Shall be applied
be imposed upon accomplices or accessories. immediately Penalty
composed of one 61 Penalty regardless of any mitigating or aggravating
[Art. 60, RPC] following the consisting in
Art. or more divisible (4&5) prescribed by circumstances. [Art. 63, RPC]
lesser of the the 2 periods
61(2) penalties to be RPC consists in 2 2. Two indivisible penalties [Art. 63, RPC]
Accomplice Punished as Principal divisible down in the
imposed to their periods scale
1. The ascendants, guardians, curators, penalties in art.
full extent Scenario Effect
teachers and any person who, by abuse of 71 Penalty
authority or confidential relationship, shall Next period 1 AC; No MC Greater penalty
Prision prescribed by
down in the
cooperate as accomplices in the crimes of e.g. Correccional to Arresto Mayor RPC consists in 1 No MC; No Lesser penalty
scale
rape, acts of lasciviousness, seduction, Prision Mayor period AC
corruption of minors, white slave trade or The medium 1 MC; No AC Lesser penalty
abduction [Art. 346, RPC] and minimum Effect of Mitigating and Aggravating 2 or more Lesser penalty. Penalty
2. One who furnished the place for the Penalty is MC; No AC cannot be lowered by one
period of the Circumstances in Application of the Rules
perpetration of the crime of slight illegal composed of two degree no matter how
divisible for Graduating Penalties.
detention [Art. 268, RPC] indivisible The penalty prescribed by the RPC for the many MCs are present.
Art. penalty and the
Accessory Punished: penalties and the crime is the basis, without regard to the [People v. Formigones,
61(3) maximum of
1. As Principal: maximum period mitigating or aggravating circumstances which G.R. No. L-3246 (1950),
the
a. Knowingly concealing certain evil of a divisible attended the commission of the crime. It is only cited in REYES, Book 1]
immediately
practices enumerated in Art. 142 penalty
following after the penalty next lower in degree is already
b. Obstruction of justice — See discussion penalty determined that mitigating/aggravating Exception: Privileged
under accomplices. Prision Mayor circumstances should be considered. [REYES, mitigating circumstance
2. With a Penalty One Degree Lower: Reclusion Book 1] under Art. 68 or 69 is
in its maximum
a. Knowingly using counterfeited seal or Temporal in its Privileged Mitigating Circumstance present. [People v. Galang,
e.g. to Reclusion
forged signature or stamp of the maximum period Those rules also apply in lowering the penalty G.R. No. 70713 (1989),
Temporal in its
President. [Art. 162, RPC] to Death medium by one or two degrees by reason of the cited in Reyes, Book 1]
b. Illegal possession and use of a false presence of privileged mitigating circumstance Both present Offset
treasury or bank note. [Art. 168, RPC] [Arts. 68 and 69], or when the penalty is
c. Using falsified document. [Art. 173, divisible and there are two or more mitigating
par.3, RPC]

Page 92 of 286 Page 93 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

3. Composed of Three Periods "# %&'() − (, %&'() '-. " .'% − " .'%)
=
0 Maximum of the max. period in Step 2 = Illustrations Applying Rules on Graduating
Rules for the Application of Penalties "#%&'() − (, %&'()) 12 years Periods and ISLAW
=
Containing Three Periods [Art. 64, RPC] 0 Maximum of prision mayor = 12 years
Scenario Effect 1 = # %&'() 1. Indeterminate sentence, when there are
No AC; No Imposed in its medium Other Rules in Application of Penalties privileged mitigating and ordinary
2. For the minima and maxima of the minimum, mitigating circumstances.
MC period.
medium, and maximum periods, use the
1 MC; No AC Imposed in its minimum 1. Incomplete Accident
following formulae:
period. a. If guilty of grave felony: Arresto mayor Facts:
1 AC; No MC Imposed in its maximum in its maximum period to prision • Penalty prescribed in RPC: Reclusion
Minimum Maximum
period. !"#"!$! &'
correccional in its minimum period temporal in its maximum period to death
Min. !"#"!$! &'
Both MC and Court shall reasonably Perio
3
()*+,)"-*. (*#/0 ()*+,)"-*. (*#/012
4 b. If guilty of less grave felony: Arresto • Privileged MC: Minority
AC present offset those of one class d +6 mayor in its minimum and medium • Ordinary MC: Plea of guilty
against the other according Med. !"#"!$! &' !"#"!$! &' periods [Art. 67, RPC]
to their relative weight. Perio ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 : Rule As Applied
2 or more Penalty next lower in d +6 −9 ./2 2. Incomplete Exemption or Justification Applying first the Starting point:
MC; No AC degree to that prescribed +;6 a. When deed is not wholly excusable by privileged MC, Prisión mayor in its
by law, in the period that it Max. !"#"!$! &' !"#"!$! &' reason of lack of some conditions lower first the maximum period to
may deem applicable, Perio ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 : required for exempting or justifying penalty prescribed reclusion temporal
d +;6 −9 ./2 circumstances – a penalty lower by one
according to the number by the RPC for the in its medium
+<6 or two degrees shall be imposed,
and nature of such offense by one period.
circumstances [RPC, Art. provided that majority of the conditions degree using the
64] Using the example of prision mayor, with X = 2 are present. [Art. 69, RPC] scale in Art. 71.
years as computed in Step 1, and applying b. When the exempting circumstance has Make the penalty
2 or more Imposed in its maximum
these numbers to the formulae in the above only two (2) requisites - the presence of next lower as the
AC; No MC period.
table, we have: one element is sufficient [REYES, Book starting point for
NOTE: In imposing the maximum period, the 1] determining the
Minimum Maximum c. Incomplete justification is a privileged minimum of the
Court must specify its justification for so Min. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
imposing. By not specifying the justification for mitigating circumstance (it cannot be indeterminate
Period 9 ./2 − 9 ./2 )
imposing the ceiling of the period of the + ; 2*/)+ offset by aggravating circumstances). penalty.
imposable penalty, the fixing of the Med. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2 [People v. Ulep, supra.] Determine the
Minimum term:
indeterminate sentence became arbitrary, or Period 9 ./2 − 9 ./2 ) minimum term by
Prisión
whimsical, or capricious [Ladines v. People, +(; 2*/)+) + ;(; 2*/)+) 3. Incomplete Self-Defense, Defense of lowering the
correccional
G.R. No. 167333 (2016)]. Max. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2 Relatives and Strangers penalty made the
Period 9 ./2 − 9 ./2 ) a. Unlawful Aggression - should always maximum to
starting point
+;(; 2*/)+) + <(; 2*/)+) be present to be appreciated as a prisión mayor in its
4. Not Composed of Three Periods another degree
mitigating circumstance. [U.S. vs. medium period.
lower.
1. Let X be Which can be simplified as: Navarro, 7 Phil. 713, as cited in REYES, Determine the
X = (maximum of prescribed penalty - Minimum Maximum Book 1] maximum term by
(minimum of prescribed penalty - 1 day))/3 Min. , %&'() '-. " .'% 2 %&'() b. Ordinary mitigating circumstance - if imposing in the
Period only unlawful aggression is present. Maximum term:
proper period the
Med. 2 %&'() '-. " .'% "3 %&'() c. Privileged mitigating circumstance - if Prisión mayor in its
Illustration penalty made the
Period two of the three requisites are present maximum period
If prescribed penalty for a felony is prision starting point,
mayor, which ranges from 6 years Max. "3 %&'() '-. " .'% "# %&'() [People v. Oanis, G.R. No. L-47722 applying the
(minimum of prescribed penalty) and 1 day Period (1943) as cited in REYES, Book 1] ordinary MC.
to 12 years (maximum of the prescribed [REYES, Book 1]
penalty). Then: 3. To check if the computation is correct, the 4. Impossible Crimes - The penalty for
maximum of the maximum period (as persons who committed impossible crimes
computed in Step 2) should be equal to the [Art. 4(2), RPC] is arresto mayor or a fine
maximum of the prescribed penalty. (Php200 – 500). [Art. 59, RPC]

Page 94 of 286 Page 95 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

2. Other Illustrations Complex Degree next Degree next f. Accessory Penalties For Exercise of Right to suffrage [Art. 32,
Maximum Minimum crime; 2 lower to that lower to the RPC.]
Scenario
Term Term MC; No AC provided by degree of the a. Perpetual or Temporary Absolute 1. Deprivation of the right to vote in any
No MC; No Imposed in its Anywhere [Arts. 48 RPC for the maximum Disqualification election for popular office; and
AC [Art. 64, medium within the and 64, par. more serious term. 2. Deprivation of right to be elected in such
par. 1] period. range of the 5] offense. Effects [DOVDOP] [Art. 30, RPC] office
penalty next Note: When
1. Deprivation of any public Office or
lower to the Imposed in its there is a No Denial of Right
employment of offender; even if by election.
prescribed maximum privileged It is presumed those convicted of a felony are
2. Deprivation of the right to Vote in any
penalty. period. mitigating unfit to exercise the privilege of suffrage or to
circumstance, election or to be voted upon;
1 ordinary Imposed in its Anywhere hold office. The exclusion must for this reason
the starting 3. Disqualification for the Offices or public
MC; No AC minimum within the be adjudged a mere disqualification, imposed
[Art. 64, par. period. range of the point in employments and for the exercise of any of
determining the rights mentioned. for protection and not for punishment, the
2] penalty next
the minimum 4. Loss of rights to retirement pay or Pension. withholding of a privilege and not the denial of
lower to the
term shall not a personal right. [People v. Corral, G.R. No. L-
prescribed
penalty. be the penalty Duration 42300 (1936), as cited in REYES, Book 1]
1 AC; No Imposed in its Anywhere prescribed by 1. Perpetual Absolute Disqualification -
MC [Art. 64, maximum within the the RPC but during the lifetime of the convict and even Duration
par. 3] period range of the the penalty after the service of the sentence. [REYES, 1. Perpetual Disqualification or
penalty next next lower in Book 1] Suspension – perpetually [REYES, Book 1]
lower to the degree to the 2. Temporary Absolute Disqualification - 2. Temporary Disqualification or
prescribed prescribed during the term of the sentence, except as Suspension - if imposed as an accessory
penalty. penalty. This to: penalty, the duration is the same as that of
Both MC MC and AC Anywhere is the a. Deprivation of the public office or the principal penalty. [Art. 30, par. 3(2),
and AC shall be within the exception to RPC]
employment; and
present offset. range of the the general
b. Loss of all rights to retirement pay or
[Art. 64, par. penalty next rule. c. Suspension from Public Office, the Right
other pension for any office formerly
4] lower to the held. [Art. 30, par. 3, RPC] to Vote and be Voted for, the Right to
prescribed Privileged Degree next Degree next Practice a Profession or Calling
penalty. MC and lower to the lower to the
Additional Penalty for Certain Accessories
Complex Penalty for Anywhere ordinary MC penalty degree of the Effects
both prescribed by maximum
Accessories falling within Art. 19(3) of the RPC
crime the more within the Involves disqualification from: [Art. 33, RPC]
present RPC. term. who act with abuse of their public functions,
serious range of the 1. Holding such office and holding another
harbored, concealed, or assisted in the escape
offense penalty next office having similar functions during the
Imposed in its of the principal of the crime shall suffer the
imposed in its lower to the period of suspension
maximum prescribed minimum additional penalty:
period. 1. Perpetual absolute disqualification – for 2. Exercising such profession
period. penalty.
2 privileged Penalty of One degree grave felonies 3. Exercising right of suffrage
Penalty is Penalty two Anywhere
next lower degrees within the MC and 1 two degrees lower than the 2. Temporary absolute disqualification – for
ordinary MC next lower to penalty of the less grave felonies Duration
by two lower than range of the
degrees that penalty next the penalty. maximum Term of the sentence. [Art. 33, RPC]
than that prescribed by lower to the term, b. Perpetual or Temporary Special
prescribed law. prescribed Imposed in its regardless of Disqualification d. Civil Interdiction
by law for penalty. minimum its period.
the crime Imposed in its period. For Public Office, Profession or Calling [Art. Effects [Art. 34, RPC]
threatened maximum Incomplete One or two Degree next 31, RPC] Deprivation of the following rights: [PAG-MA-
and there is period. defense; No degrees lower to 1. Deprivation of the office, employment, MAP]
1 AC (grave MC; No AC lower than maximum profession or calling affected; and 1. Parental Authority
threats) prescribed term 2. Disqualification for holding similar offices or 2. Guardianship over the ward, either as to the
[Art. 282] penalty employments during the period of person or property of any ward
disqualification. 3. Marital Authority

Page 96 of 286 Page 97 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

4. Right to MAnage Property and to dispose of Forfeiture as Additional Penalty After conviction in the RTC, the Court shall Fixed or otherwise
the same by acts inter vivos. When the proceeds or instruments of the crime immediately schedule a hearing for the Costs may be fixed amounts already
are not confiscated prior to the final judgment confiscation and forfeiture of all the proceeds determined by law or regulations or amounts
NOTE: Convict can still dispose of his of sentence, the court cannot modify, alter or of the offense. However, during the subject to a schedule. Whether costs should
property mortis causa). [REYES, Book 1] change the sentence to confiscate such. [U.S. proceedings before the RTC, no property or be assessed against the accused lie within the
v. Hart, 24 Phil. 578, 581-582, cited in REYES, income may be forfeited or confiscated. [Sec. discretion of the court. The Government may
Other Effects under the Civil Code: Book 1] It is an additional penalty, and 20, R.A. 9165] request the court to assess costs against the
1. Offer given by the convict before amounts to an increase of the penalty already accused, but not as a right. [REYES, Book 1]
acceptance is conveyed shall become imposed, placing the accused in double 2016 Revised Implementing Rules and
ineffective [Art. 1323, NCC] jeopardy [People v. Sanchez, G.R. No. L-9768 Regulations of R.A. 9160, or the Anti-Money Order of Payment
2. Dissolution [of partnership] is caused: (7) By (1957), cited in REYES, Book 1] Laundering Act, as amended. The civil liabilities of a person found guilty of
the civil interdiction of any partner; [Art. Monetary instruments or property that are the two or more offenses shall be satisfied by
1830, NCC] SPECIAL LAWS PROVIDING FOR proceeds of money laundering shall be following the chronological order of the dates of
3. Civil interdiction of a general partner CONFISCATION OF PROPERTY forfeited in favor of the Government. If this the judgments rendered against him. [Art. 72,
dissolves the partnership, unless the cannot be enforced, the court may order the RPC]
business is continued by the remaining An Act Declaring Forfeiture in Favor of the offender to pay an amount equal to the value of
general partners: State Any Property Found to Have Been the monetary instrument or property. [Rule XII] Applicable in case the property of the offender
a. Under a right so to do stated in the Unlawfully Acquired by Any Public Officer is not sufficient to pay all his pecuniary
certificate, or or Employee and Providing for the f. Payment of Costs liabilities. The order of payment being [Art. 39,
b. With the consent of all members. [Art. Proceedings Therefor [RA No. 1379] RPC]: [RIFC]
1860, NCC] If the public officer is unable to show that the Effects 1. Reparation of the damage caused
4. Agency is extinguished: (3) By the [xxx] civil property in question was lawfully acquired, the 1. If the accused is convicted - costs may be 2. Indemnification of consequential damages
interdiction [xxx] of the agent [Art. 1919, court shall declare this property forfeited in charged against him. 3. Fine
NCC] favor of the State. Such judgment may not be 2. If the accused is acquitted – costs are de 4. Costs of the proceedings
rendered within six months before any general officio, i.e., each party will bear his/her own
e. Indemnification or Confiscation of election, nor three months before any special expense. 5. Execution and Service of
Instruments or Proceeds of the Offense election. [Sec. 6, R.A. 1379] [REYES, Book 1]
Penalties
Generally Plunder Law [RA No. 7080]
Execution of Penalties
Effects The Court shall declare any and all ill-gotten
Forfeiture in favor of the Government of the wealth and their interests and other income Exclusion When and How a Penalty is to Be Executed
proceeds of the crime and the instruments or and assets including the properties and shares Not allowed against the Republic of the
1. No penalty shall be executed except by final
tools with which it was committed. [REYES, of stocks derived from the deposit or Philippines. [Rule 142, Sec. 1, ROC] and
judgment
Book 1] investment thereof, forfeited in favor of the [REYES, Book 1]
2. Penalties cannot be executed in a form or
State. [Sec. 2, R.A. 7080] any circumstances/incidents other than that
Rules: [Reyes, Book 1] What are Included prescribed or authorized by law
1. Every penalty imposed carries with it the Anti-Graft and Corrupt Practices Act [RA 1. Fees, and 3. The law and the special regulations of
forfeiture of the proceeds of the crime and No. 3019] 2. Indemnities, in the course of judicial institutions in which penalties are to be
the instruments or tools used in the Any prohibited interest or unexplained wealth proceedings. suffered shall be observed with regard to
commission of the crime. out of proportion to the offender’s lawful [Art. 37, RPC] the character of work, time of performance,
2. Proceeds and instruments or tools of the income, shall be forfeited or confiscated in other incidents connected therewith,
crime are confiscated and forfeited in favor favor of the State. [Sec. 9, R.A. 3019] Expenses of Litigation relationships of convicts to others, relief
of the Government. Costs of suit are the expenses of litigation they may receive, and their diet
3. Property of a third person not liable for the Comprehensive Dangerous Drugs Act of allowed and regulated by the Rules of Court to 4. Regulations shall provide for:
offense, is not subject to confiscation and 2002, as amended [RA No. 9165] be assessed against or to be recovered by a a. Separation of the sexes in different
forfeiture. All equipment and paraphernalia used for the party in litigation. [People v. Bergante, et. al.,
institutions/departments
4. Property not subject of lawful commerce production of illegal drugs shall be confiscated G.R. No. 12036970 (1998) as cited in REYES, b. Correction and reform of convicts [Art.
(whether it belongs to the accused or to third and forfeited in favor of the government. Book 1] 78, RPC]
person) shall be destroyed.

Page 98 of 286 Page 99 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

When Judgment Becomes Final Exception: If the nature of the penalties (e.g. Basis of Duration of Penalties and 1 day, plus a fine of PI,000, with subsidiary
General Rule: No penalty shall be executed deprivation of liberty) does not permit 1. Duration of perpetual penalties (pena imprisonment in case of insolvency. After
except by virtue of a final judgment. [Art. 78, simultaneous service, the order of their perpetua) - shall be computed at thirty (30) serving 18 months and 3 days in prison, B filed
RPC] A judgment becomes final after the lapse respective severity shall be followed. [Art. 70, years. [Art. 70, RPC] a petition for habeas corpus, contending that
of the period for perfecting an appeal. [Rule RPC] 2. Duration of the sentence refers to several applying the three-fold rule, he cannot be made
120, Sec. 7, ROC] penalties for different offenses not yet to serve more time. In deciding the case, the
Deprivation of Liberty served out, but only when the convict must SC ruled that the subsidiary imprisonment for
Exception: If the defendant has expressly Penalties consisting in deprivation of liberty serve continuous imprisonment for several nonpayment of the fine cannot be eliminated so
waived in writing his right to appeal or when cannot be served simultaneously by reason of offenses long as the principal penalty is not higher than
accused applied for probation. [Rule 120, Sec. the nature of such penalties. [In re: Pete a. If sentence for one offense was already 6 years of imprisonment even if he already
7, ROC] Lagran, G.R. No. 147270 (2001)] served, that imprisonment will not be served three-fold of the most severe penalty.
considered for the purpose of the three-
Place of Execution of Sentence What can be simultaneously served with fold rule if after release he commits again Applying said rule, if petitioner would not be
Penalty Place one another [DDDDS Bond Fine in CCP] and is convicted of new offenses. able to pay the fine, the maximum duration of
Reclusion In the places and 1. Perpetual absolute Disqualification b. Only penalties not yet served out can be his imprisonment shall be 18 months and 3
perpetua, reclusion penal 2. Perpetual special Disqualification served simultaneously. [REYES, Book 1] days of the principal penalty plus 6 months and
temporal, prision establishments 3. Temporary absolute Disqualification 3. If sentence is indeterminate, basis of 1 day of subsidiary imprisonment for failure to
mayor, prision provided by the 4. Temporary special Disqualification duration is the maximum term of the pay the fine, or a total of 2 years and 4 days.
correccional Administrative Code 5. Destierro sentence. [People v. Desierto, C.A., 45 O.G. [Bagtas vs. Director of Prisons, 84 Phil. 692,
and arresto mayor or by law. [Art. 86, 6. Suspension 4532, cited in REYES, Book 1] 698 (1949)]
RPC] 7. Bond to keep the peace and Fine 4. “The most severe penalty” – includes equal
Arresto menor Either in: 8. Civil interdiction penalties, such as when sentenced to Not “Imposition of Penalty,” but “Service”
1. Municipal jail; or 9. Confiscation and payment of costs multiple cases of the same offense [Aspra Court must impose all the penalties for all the
2. House of the 10. Public censure [REYES, Book 1] v. Dir. of Prisons, 85 Phil. 737, 738, cited in crimes of which the accused is found guilty, but
defendant under REYES, Book 1] in the service of the same, they shall not
the surveillance All of the above can be served simultaneously exceed three times the most severe and shall
of an officer of with imprisonment, except destierro. [REYES, Applicability of Rule not exceed 40 years – three fold maximum
the law, when the Book 1] This rule only applies when the convict has to penalty. [Mejorada v. Sandiganbayan, G.R.
court so serve at least four (4) sentences and cannot Nos. L-51065-72 (1987)]
provides, taking a. Three-Fold Rule exceed three-fold the most severe. If only 2 or
into consideration 3 penalties corresponding to different crimes b. Probation Law [P.D. 968, as
the health of the Three-Fold Rule [3-40] [Art. 70, RPC] committed by the convict are imposed, it is not amended by R.A. 10707]
offender and 1. Maximum duration of convict’s possible to apply the three-fold rule [REYES,
other satisfactory sentence: Shall not be more than three (3) Book 1]. Definition of Terms [Sec. 3, P.D. 986]
reasons [Art. 88, times the length of time corresponding to 1. Probation – a disposition under which a
RPC] the most severe penalty imposed upon Subsidiary Imprisonment defendant, after conviction and sentence, is
Destierro Not allowed to enter him. The three-fold rule does not preclude released subject to conditions imposed by
the place/s 2. Limitation of maximum period: Period subsidiary imprisonment for failure to pay a the court and to the supervision of a
designated in the shall in no case exceed forty (40) years. fine, provided that the principal penalty does probation officer.
sentence nor within 3. Effect if total imposed sentence is more not exceed 6 years. The provision of Art. 70 2. Probationer – person placed on probation
the 25-250 km. than the maximum allowed: No other that "no other penalty to which he may be liable 3. Probation officer – one who investigates
radius specified. penalty shall be inflicted after the sum total shall be inflicted after the sum total of those for the court a referral for probation or
[Art. 87, RPC] of those imposed equals the same imposed equals the said maximum period," supervises a probationer or both.
maximum period. only means that the convict shall not serve the
Simultaneous Service of Sentence excess over the maximum of three-fold the Nature
General Rule: When the culprit has to serve 2 NOTE: Three-fold rule applies although the most severe penalty. Probation Law is not a penal statute. Courts
or more penalties, he shall serve them penalties were imposed for different crimes, at have no authority to invoke a liberal
simultaneously. different times, and under separate Illustration: interpretation of it in this case as its words
informations [Torres vs. Superintendent, G.R. “B” was found guilty in 17 criminal cases, the leave no room for doubt or interpretation.
No. 40373 (1933)] most severe penalty imposed was 6 months

Page 100 of 286 Page 101 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

[Llamado v. CA and Gaw, G.R. No. 84850 b. Grant, Manner and Conditions [Sec. 4, originally convicted and the proper penalty An order placing defendant on "probation" is
(1989)] R.A. 10707] imposable is within the probationable not a "sentence" but is rather in effect, a
1. Application for Probation - defendant period. [Dimakuta v. People, G.R. No. suspension of the imposition of sentence. It is
Probation is not a right but a privilege subject must file an application for probation within 206513 (2015)] not a final judgment but is rather an
to the discretion of the court. The discretion is the period for appeal. "interlocutory judgment." [Baclayon v. Mutia,
exercised primarily for the benefit of society as What Must be Averred in the Notice of G.R. No. L-59298 (1984) as cited in REYES,
a whole and only secondarily for the personal Effect of filing of application – deemed as Appeal Book 1]
advantage of the accused. [Amandy v. People, waiver of the right to appeal. 1. That an earlier motion for reconsideration
G.R. No. L-76258 (1988)] was filed but was denied by the trial court; Criteria for Grant of Probation [Sec. 8, P.D.
2. Application shall not be entertained or 2. That the appeal is only for reviewing the 968]
a. Applicability granted – if defendant has perfected the penalty imposed by the lower court or the The following should be considered in deciding
Probation may be granted whether the appeal from the judgment of conviction. conviction should only be for a lesser crime to place an offender under probation: [AM-
sentence imposes a term of imprisonment or a necessarily included in the crime charged in ChEAP]
fine only. Exception: When a judgment of conviction the information; and 1. Available institutional and community
imposing a non-probationable penalty is 3. That the accused-appellant is not seeking resources
May be extended to children in conflict with appealed/reviewed and modified to a acquittal of the conviction. [Dimakuta v. 2. Mental condition of the offender
the law probationable penalty, the defendant shall People, G.R. No. 206513 (2015)] 3. Character,
After convicting and sentencing a child in be allowed to apply for probation based on 4. Antecedent,
conflict with the law, and upon application at the modified decision before it becomes When Appeal Bars Grant of Probation 5. Environment,
any time, the court may place the child on final. 1. When the accused is convicted by the trial 6. Physical condition of the offender
probation in lieu of service of his/her sentence court of a crime where the penalty imposed
in account of his/her best interest. As such Sec. Note: Accused shall lose the benefit of is within the probationable period or a fine, Reasons for Denying Probation [Sec. 8, P.D.
4, P.D. 968 is amended accordingly. [Sec. 42, probation should he seek a review of the and the accused files a notice of appeal; 968]
R.A. 9344] modified decision which already imposes a and 1. The offender is in need of correctional
probationable penalty. 2. When the accused files a notice of appeal treatment best provided thru commitment to
Disqualified Offenders which puts the merits of his conviction in an institution
1. Those sentenced to serve a max. term of 3. Filing of application based on modified issue, even if there is an alternative prayer 2. There is undue risk that the offender will
more than six (6) years. [Sec. 9(a), P.D. decision – application shall be filed in the for the correction of the penalty imposed by commit another offense during the
968] trial court where the judgment imposing a the trial court or for a conviction to a lesser probation period
2. Crimes against national security convicts non-probationable penalty was rendered or crime, which is necessarily included in the 3. Probation will depreciate the seriousness of
[Sec. 9(b), P.D. 968] where such case has been re-raffled. crime in which he was convicted where the the offense committed
3. Those previously convicted by final penalty is within the probationable period.
judgement of an offense punished by 4. If several defendants have taken further [Dimakuta v. People, G.R. No. 206513 Effects of Grant of Probation
imprisonment of more than six (6) months appeal –other defendants may apply for (2015)] 1. The execution of sentence shall be
and one (1) day and/or fine of more than probation by submitting a written application suspended for such period and upon such
one hundred thousand pesos (P1,000.00) and attaching thereto a certified true copy of NOTE: The Dimakuta decision was issued on terms and conditions as the trial court may
[Sec. 9(c), P.D. 968] the judgment of conviction. October 2015, but R.A. 10707—which deem best [Sec. 4, P.D. 968]
4. Those who have been once in probation amended the Probation Law—was signed into 2. Probation does not extinguish civil liability,
under this Decree [Sec. 9(d), P.D. 968] Dimakuta Doctrine (Rules on Appeals) law on November 2015. as it only affects the criminal aspect of the
5. Those who are already serving sentence at Appeal must be limited to the following case. [Budlong v. Apalisok, G.R. No. L-
the time the substance provisions of this grounds: c. Grant of Probation 60151 (1983) as cited in REYES, Book 1]
Decree became applicable pursuant to 1. Appeal merely intended for the correction of 3. Accessory penalties are deemed
Section 33 hereof [Sec. 9(e), P.D. 968] the penalty imposed by the lower court, Discretion of the Court suspended [Baclayon vs. Mutia, G.R. No. L-
6. Drug trafficker and pushers, regardless of which when corrected would entitle the Even if a convicted person falls within the 59298 (1984), cited in REYES, Book 1]
penalty imposed by court, cannot avail of accused to apply for probation; and classes of those qualified for probation, the
Probation Law privileges, as amended by 2. Appeal is merely intended to review the grant of probation is not automatic or NOTE: An order granting or denying probation
the Comprehensive Dangerous Drugs Act crime for which the accused was convicted ministerial. [Amandy vs. People, G.R. No. L- shall not be appealable [Sec. 4 P.D. 968]
of 2002. [Sec. 24. R.A. 9165] and that the accused should only be liable 76258 (1988), as cited in REYES, Book 1]
to the lesser offense which is necessarily
included in the crime for which he was

Page 102 of 286 Page 103 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Conditions of Probation [Sec. 10, P.D. 968] violation of the conditions of the probation. Effect of Final Discharge [Sec. 16, R.A. Librado, A.M. P-94- convicted offense,
1. Mandatory Conditions. Probation orders Once arrested and detained, probationer shall 10707] 1089 (1996)] that is, it abolishes or
shall contain conditions requiring be brought to court for a hearing of the violation The final discharge of the probationer shall forgives the
probationer to: charged. The defendant may be admitted to operate to: punishment.
a. Present himself to his supervising bail pending such hearing. 1. Restore to him all civil rights lost or [REYES, Book 1 at
probation officer at the place specified in suspended as a result of his conviction; and 843]
the order within 72 hours from receipt of Additionally, it must be noted that: 2. Totally extinguish his criminal liability as to Granting Authority
said order; and 1. The violation of the conditions of probation the offense for which probation was by the Court Chief Executive
b. Report to the probation officer at least must be serious to justify the issuance of a granted. [Sec. 10, R.A. [U.S. vs. Guarin, 30
once a month at the time and place warrant of arrest. 10707] Phil. 85, 87, as cited
specified by said officer. 2. Defendant may be admitted to bail pending Termination of Period, not the same as in REYES, Book 1]
hearing. Expiration of Probation Period Effect on Accessory Penalties
2. Discretionary Conditions. The two ● Hearing is summary in nature, but the The expiration of the probation period alone Accessory penalties A pardon shall not
conditions above are mandatory conditions; probationer shall have the right to be does not automatically terminate probation; are deemed work the restoration
the rest in sec. 10 are discretionary informed of the violation charged and to probation is not coterminous with its period. suspended once of the right to hold
conditions (e.g. cooperate with a program of adduce evidence in his favor. There must first be an order of final discharge probation is granted. public office, or the
supervision; meet his family responsibilities; 3. Court is not bound by the technical rules of issued by the court, based on the report and [Baclayon v. Mutia, right of suffrage,
or devote himself to a specific employment). evidence. recommendation of the probation officer. [Bala No. L-59298 (1984) unless such rights be
Moreover, the conditions enumerated under 4. If the violation is established, the court may v. Martinez, G.R. No. 67301 (1990)] as cited in REYES, expressly restored
Sec. 10 are not exhaustive. The courts are revoke or continue his probation and modify Book 1] by the terms of the
allowed to impose practically any term it the conditions. f. Probation v. Pardon pardon.
chooses, the only limitation being that it 5. If revoked, the court shall order the
does not jeopardize the constitutional rights probationer to serve the sentence originally Probation Pardon A pardon shall in no
of the accused. [Salgado v. CA, et al., G.R. imposed. Definition case exempt the
No. 89606 (1990)] 6. The order revoking the grant of probation or Probation is a It is an act of grace culprit from the
modifying the term and conditions thereof is disposition under proceeding from the payment of the civil
Period of Probation [Sec. 14, P.D. 968] not appealable. [REYES, Book 1] which a defendant, power entrusted with indemnity imposed
Scenario Duration after conviction and the execution of the upon him by the
When sentenced to Probation shall not e. Termination of Probation sentence, is laws which exempts sentence. [Art. 36,
imprisonment of not exceed 2 years released subject to the individual on RPC]
more than 1 year Order of Final Discharge [Sec. 16, R.A. conditions imposed whom it is bestowed
When sentenced to Shall not exceed 6 10707] by the court and to from the punishment c. Juvenile Justice and Welfare Act
more than 1 year years An order of final discharge of the probationer the supervision of a the law inflicts for the
shall be issued by the Court:
(R.A. 9344, as amended)
When sentenced to Shall be twice the probation officer. crime he has
a fine and made to total days of 1. After the period of probation; and [REYES, Book 1] committed. [REYES,
2. Upon consideration of the report and a. Scope
suffer subsidiary subsidiary Book 1]
It shall cover the different stages involving
imprisonment imprisonment recommendation of the probation officer,
children at risk and children in conflict with the
upon finding that probationer fulfilled the May either be:
law from prevention to rehabilitation and
d. Violation of Probation Order terms and conditions of his probation (a) Absolute pardon
reintegration. [Sec. 1, R.A. 9344]
(b) Conditional
Upon the failure of the probationer to comply NOTE: The probationer and the probation pardon
Definition of Terms
with any of the conditions prescribed in the officer shall each be furnished with a copy of Whether Crime is Obliterated
such order. 1. Child - refers to a person under the age of
order, or upon his commission of another Does not obliterate Does not obliterate eighteen (18) years. [Sec. 4(c), R.A. 9344]
offense, he shall serve the penalty imposed for the crime of which the crime; it only 2. Children at risk, definition - Refers to a
the offense under which he was placed on the person under abolishes the child vulnerable to and at the risk of
probation [REYES, Book 1]. probation has been punishment. Pardon committing criminal offenses because of
convicted. [Office of looks forward and personal, family and social circumstances,
Arrest [Sec. 15, P.D 968] the Court relieves the offender such as, but not limited to (a)
At any time during the probation, the court may Administrator v. from the
economic/sexual exploitation, (b) truancy,
issue a warrant to arrest the probationer for consequences of a

Page 104 of 286 Page 105 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

(c) abandoned/neglected, or (e) abuse. G.R. No. 169641 (2009), citing People v. and which offer appropriate counselling and abandoned, neglected or abused by his
[Sec. 4(d), R.A. 9344] Calpito, G.R. No. 123298, (2003)] guidance to them and their families. parents, or in the event that the parents will
3. Child in Conflict with the Law (CICL) - not comply with the prevention program, the
Refers to a child who is alleged as, accused Proof of Age These programs shall consist of three levels: proper petition for involuntary commitment
of, or adjudged as, having committed an The age of the child shall be determined 1. Primary intervention - includes general shall be filed by the DSWD or the LSWD
offense under Philippine laws. [Sec. 4(e), according to the rules established by Section 7 measures to promote social justice and pursuant to P.D. 603 (The Child and Youth
R.A. 9344] of R.A. 9344: equal opportunity, which tackle perceived Welfare Code).
1. Best evidence is an original or certified true root causes of offending;
Offenses Contemplated under R.A. 9344 copy of certificate of live birth 2. Secondary intervention - includes c. Diversion
1. Offenses – any act or omission whether 2. In its absence, similar authentic documents measures to assist children at risk; and
punishable under special laws or the such as baptismal certificates and school 3. Tertiary intervention - includes measures Diversion Program
Revised Penal Code, as amended. [Sec. records showing the date of birth may be to avoid unnecessary contact with the Program that the child in conflict with the law is
4(o), R.A. 9344] used formal justice system and other measures to required to undergo after he/she is found
2. Status Offenses - refers to offenses which 3. In the absence of documents under 1 and 2 prevent re-offending. [Sec. 19, R.A. 9344] responsible for an offense, without resorting to
discriminate only against a child, while an due to loss, destruction or unavailability, the formal court proceedings. [Sec. 4(j), R.A. 9344]
adult does not suffer any penalty for testimony of the child, a member of the When Applied
committing similar acts (i.e. curfew family related by affinity or consanguinity, of If it has been determined that the child taken When Applied
violations; truancy, parental disobedience other persons, the physical appearance of into custody is fifteen (15) years old or below If the child is over fifteen (15) years old but
and the like) [Sec. 4(r), R.A. 9344] the child, or other relevant evidence shall [Sec. 20, R.A. 9344]. below eighteen (18) years old and the child
3. Victimless Crimes – offense where there is suffice. acted with discernment [REYES, Book 1].
no private offended party [Sec. 4(u), R.A. Duty of Authorities [Sec. 20, R.A. 9344]
9344] The person alleging the age of the child in The authority which will have an initial contact Also, the maximum penalty for the offense the
conflict with the law has the burden to prove with the child has the duty to: CICL is charged with, should be imprisonment
Offenses Not Applicable to Children [Sec. such age. In all cases involving a child, the 1. Immediately release the child to the custody of not more than twelve (12) years, regardless
58, R.A. 9344] court shall make a categorical finding as to the of his/her parents or guardian, or in the of the fine or fine alone regardless of the
Persons below eighteen (18) years of age shall age of the child. [Sec. 7, R.A. 9344] absence thereof, the child’s nearest amount. In such case, before arraignment of
be exempt from prosecution for the crime of: relative. the child in conflict with the law, the court shall
1. Prostitution [Art. 202, RPC] b. Intervention Program determine whether or not diversion is
2. Mendicancy [P.D. 1563] Intervention Exception: If the parents, guardians or appropriate. [Sec. 37, R.A. 9344]
3. Sniffing of rugby [P.D. 1619] Refers to a series of activities which are nearest relatives cannot be located, or if
designed to address issues that caused the they refuse to take custody, the child may be System of Diversion [Sec. 23, R.A. 9344]
Such prosecution being inconsistent with the child to commit an offense. It may take the form released to a: Children in conflict with law shall undergo
United Nations Convention on the Rights of the of an individualized treatment program which i. Duly registered nongovernmental or diversion programs without undergoing court
Child. However, said persons shall undergo may include counseling, skills training, religious organization; proceedings subject to the conditions herein
appropriate counseling and treatment program. education, and other activities that will enhance ii. Barangay official or a member of provided:
his/her psychological, emotional and psycho- Barangay Council for the Protection of 1. Where the imposable penalty for the
Determination of Age [Sec. 7, R.A. 9344] social well-being. [Sec. 4(l), R.A. 9344] Children (BCPC); or crime committed is not more than six (6)
Presumption of Minority: There is a iii. Local social welfare and development years imprisonment
presumption of minority. S/he shall enjoy all the officer; or when and where appropriate, a. The law enforcement officer or Punong
rights of a child in conflict with the law until s/he Community-based Programs on Juvenile the DSWD. Barangay, with the assistance of the
is proven to be 18 years old or older. Justice and Welfare local social welfare and development
Community-based programs on juvenile justice In such case, authorities shall give notice to officer or other members of the LCPC,
In assessing the attendance of the mitigating and welfare shall be instituted by the LGUs the local social welfare and development shall conduct mediation, family
circumstance of minority, all doubts should be through the LCPC, school, youth organizations officer who will determine the appropriate conferencing and conciliation
resolved in favor of the accused, it being more and other concerned agencies. programs in consultation with the child and b. Where appropriate, indigenous modes of
beneficial to the latter. [People v. Sarcia, G.R. to the person having custody over the child. conflict resolution are adopted in
No. 169641 (2009)]. In fact, in several cases, The LGUs shall provide community–based accordance with the best interest of the
this Court has appreciated this circumstance services which respond to the special needs, 2. If the child referred to herein has been found child with a view to accomplishing the
on the basis of a lone declaration of the problems, interests and concerns of children by the Local Social Welfare and objectives of restorative justice and the
accused regarding his age. [People v. Sarcia, Development Office (LSWD) to be formulation of a diversion program.

Page 106 of 286 Page 107 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

c. The child and his/her family shall be supervised and controlled by the BUCOR, in including any civil custody of
present in these activities. Court shall determine the civil liability of a guilty coordination with the DSWD. liability chargeable parent/guardian.
child under eighteen (18) y/o. Instead of against him. [Sec. 20, R.A. 9344]
2. In victimless crimes where the convicting the child, the court shall place the As regards the appellant’s possible
imposable penalty is not more than six CICL under suspended sentence. Suspension confinement in an agricultural camp or other However, instead of If there be none,
(6) years imprisonment - the local social of sentence shall be applied even if the juvenile training facility in accordance with Section 51 pronouncing CICL shall be
welfare and development officer shall meet is already 18 years of age or more at the time of R.A. 9344, this Court held in People v. judgment of released to (a)
with the child and his/her parents or of the pronouncement of his/her guilt. [Sec. 38, Jacinto that the age of the child in conflict with conviction, the court NGO/religious
guardians for the development of the R.A. 9344]. the law at the time of the promulgation of the may suspend all organization (b)
appropriate diversion and rehabilitation judgment is not material. What matters is that further proceedings Barangay
program, in coordination with the BCPC; However, the suspension of sentence lasts the offender committed the offense when and shall commit official/BCPC (c)
only until the child in conflict with law reaches he/she was still of tender age. [People v. such minor to the LSWD officer/DSWD
3. Where the imposable penalty for the the maximum age of 21 [Sec. 40, R.A. 9344]. Gamboa, G.R. No. 172707 (2013)] custody or care of [Sec. 20, R.A. 9344]
crime committed exceeds six (6) years the DSWD or to any
imprisonment - diversion measures may Upon suspension of sentence and after Hence, if the accused is already more than 21 training institution Child above 15 years
be resorted to only by the court. considering the various circumstances of the years old by the time of the pronouncement of operated by the but below 18 years of
child, the court shall impose the appropriate his guilt, the Court has no choice but to render government, or duly age who acted with
When There is No Diversion [Secs 27 and 28, disposition measures as provided in the judgment. Nonetheless, he may avail of Sec. licensed agencies discernment shall be
R.A. 9344] Supreme Court Rule on Juveniles in Conflict 51, whereupon he may serve his sentence in or any other subjected to the
There is no diversion in the following cases: with the Law. [Sec. 38, R.A. 9344] an agricultural camp or training facility. [People responsible person, appropriate
1. If the offense does not fall under Sec. 23 (a) v Gamboa, G.R. No. 172707 (2013)] until he shall have proceedings:
and (b) CICL in suspended sentence reached 21 years of Intervention
a. Sec. 23 (a) – where the imposable Children in conflict with the law, whose P.D. 603 (The Child and Youth Welfare age or, for a shorter Programs
penalty is not more than 6 years sentences are suspended may, upon order of Code) as amended v. R.A. 9344 (Juvenile period as the court Diversion
imprisonment the court, undergo any or a combination of Justice and Welfare Act of 2006) may deem proper. Programs
b. Sec. 23 (b) in victimless crimes where disposition measures best suited to the PD 603 RA 9344 [Sec. 189 and 192, [Sec. 38, R.A. 9344].
the imposable penalty is not more than 6 rehabilitation of the child pursuant to Supreme Circumstances for Exemption P.D. 603]
years imprisonment Court Rule on Juveniles in Conflict with the 1. Child 9 years of Suspension of Sentence
2. If the child, his/her parents or guardian does Law. age or under at No automatic Suspension of
not consent to a diversion time of Child 15 years of age suspension of sentence is
If the community-based rehabilitation is availed commission of or under shall be sentence. Youthful automatic. Instead of
In the above cases, the following procedures of by a child in conflict with the law, he/she shall offense exempt from criminal offender should pronouncing the
shall apply: be released to parents, guardians, relatives or 2. Child more than liability, regardless of apply for a judgment of
1. The Punong Barangay handling the case any other responsible person in the 9 years old but whether or not s/he suspended conviction, the court
shall forward the records of the case to the community. Under the supervision and les than 15 at acted with sentence and it is shall place the child
proper authorities within 3 days, whereupon guidance of the LSWD officer, and in the time of discernment discretionary on the in conflict with law
the case shall be filed according to the coordination with his/her parents/guardian, the commission of court to approve the under suspended
regular process. child in conflict with the law shall participate in offense However, child is application sentence, without
2. The Law Enforcement officers and judicial community-based programs. subject to [REYES, Book 1] need of application.
officers to determine whether or not the [Sec. 52, R.A. 9344] Except: If the child intervention program [Sec. 38, R.A. 9344].
child should remain under custody and acted [Sec. 20, R.A. 9344].
correspondingly charged in court. Agricultural Camps and other Training with discernment) Discharge [Sec. 39, R.A. 9344]
Facilities [Sec. 51, R.A. 9344] [Sec. 189, P.D. 603] The court shall dismiss the case against the
d. Court Proceedings A child in conflict with the law may, after As to Proceedings child whose sentence has been suspended
conviction and upon order of the court, be Child over 9 years Child below 15 years and against whom disposition measures have
Automatic Suspension of Sentence made to serve his/her sentence, in lieu of and under 15 years and below – case been issued, and shall order the final discharge
Suspended Sentence is the holding in confinement in a regular penal institution, in an of age who acted w/ shall be immediately of the child:
abeyance of service of the sentence imposed agricultural camp and other training facilities discernment – court dismissed and the 1. Upon recommendation of the social worker
by the court upon a finding of guilt of the CICL that may be established, maintained, shall determine child shall be who has custody of the child; and
who will undergo rehabilitation. imposable penalty, returned to the

Page 108 of 286 Page 109 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

2. If it finds that the objective of the disposition The Court shall suspend his suspended sentence – the court shall Confidentiality of Records
measures have been fulfilled. the proceedings and order pronounce judgment of conviction and The DOJ shall keep a confidential record of the
At the time
his confinement in a he/she shall serve sentence as any other proceedings on suspension of sentence and
of the trial
The discharge of the child in conflict with the hospital until he recovers convicted person. [Sec. 69, RA 9165] shall not be used for any purpose other than to
law shall not affect the civil liability resulting his reason. 3. In lieu of imprisonment, the court in its determine whether or not a person accused
from the commission of the offense, which shall Execution is suspended discretion may place the accused under: under this Act is a first-time minor offender
be enforced in accordance with law. with regard to the personal a. Probation – even if the sentence [Sec. 71, RA 9164] .
penalty only. If he recovers provided under RA 9165 is higher than
At the time that provided under existing law on
Return of the Child in Conflict with the Law his reason, his sentence In cases where either probation or community
of final probation
to Court [Sec. 40, R.A. 9344] shall be executed, unless service is applied, the judicial records shall also
judgment or
In the following cases, the child in conflict with the penalty has prescribed. b. Community Service remain confidential according provisions Sec.
while serving
the law shall be brought before the court for [Sec. 70, RA 9165] 60 and 64 of RA 9165 (Comprehensive
sentence
execution of judgment: Payment of his civil or Dangerous Drugs Act of 2002). [Sec. 70, RA
1. If the court finds that the objective of the pecuniary liabilities shall Scenario Effect 9165]:
disposition measures imposed upon the not be suspended. [Sec. 70, RA 9165] 1. Under the Voluntary Submission
CICL have not been fulfilled; or [REYES, Book 1] Probation Supervision and rehabilitative Program. Judicial and medical records of
2. If the CICL has willfully failed to comply with surveillance shall be done by drug dependents shall be confidential and
the conditions of his/her disposition or b. Minors the Board through the DOH in shall not be used against him for any
rehabilitation program. coordination with Board of purpose, except to determine he has been
Pardons and Parole and the committed by himself, family or guardian to
Court shall determine the civil liability of a guilty
Credit in Service of Sentence Probation Administration. the center under the submission program.
child under eighteen (18) y/o. Instead of
The CICL shall be credited in the services of convicting the child, the court shall place the [Sec. 60, R.A. 9165]
Upon compliance with probation
his/her sentence with the full time spent in CICL under suspended sentence. Suspension 2. Under the Compulsory Submission
conditions, the Board shall
actual commitment and detention under R.A. of sentence shall be applied even if the juvenile Program. The records of a drug dependent
submit a written report to the
9344. [Sec. 41, R.A. 9344] is already 18 years of age or more at the time who was rehabilitated and discharged from
court recommending
of the pronouncement of his/her guilt. [Sec. 38, termination of probation and a the Center under the compulsory
d. Republic Act No. 10951 R.A. 9344]. final discharge of the submission program, or who was charged
probationer, whereupon the for the use of dangerous drugs [Sec. 15,
The Act adjusts the value of property and See: Previous discussion of the Juvenile court shall issue such an order. R.A. 9165], shall remain confidential
damage on which a penalty is based and the Justice and Welfare Act. Community The community service shall be pursuant to Sec. 60 of the act.
fines imposed under the RPC. Under this Act Service complied with under conditions
are adjustment on several children-related Rules as to First-Time Minor Offenders determined by the court’s HOWEVER, the records of a drug
felonies, namely Art. 277 and Art. 278. 1. If the minor first-time offender complies discretion and upon the dependent who was not rehabilitated, or
with the imposed rules, regulation, and recommendation of the Board who escaped but did not surrender
NOTE: Changes in relevant provisions are conditions of suspended sentence - the and shall apply only to violators himself/herself within the one (1) week [Sec.
already integrated in prior discussions (e.g., Court upon favorable recommendation from of Section 15 of this Act. 59, R.A. 9165], shall be forwarded to the
amount of what constitutes light felonies under the Board, shall discharge the accused and court and their use shall be determined by
Art. 9). dismiss all proceedings. [Sec. 67, R.A. The Board shall supervise the the court, taking into consideration welfare
9165] completion of the community of the public and the drug dependent. [Sec.
Suspension in Case of Insanity or Minority a. The court will expunge all official records, service in the period required by 64, R.A. 9165]
except confidential records retained by the court. Thereafter, the Board
shall render a report re: Credit of Sentence
a. Insane the DOJ; such orders shall be
community service compliance. If the sentence promulgated by the court
confidential and will restore the accused
The court in its discretion may
When Accused becomes Insane to his prior status before the case. requires imprisonment, the period spent in the
require extension of the
Scenario Effect b. Accused will not be held in Center by the accused during the suspended
community service or order a
At the time He is exempt from criminal perjury/concealment/misrepresentation sentence period shall be deducted from the
final discharge.
of the liability. in failing to acknowledge the case or its sentence to be served. [Sec. 70, R.A. 9165]
commission facts in any inquiry for any purpose.
of the crime 2. If the minor first-time offender violates
the rules, regulations, or conditions of

Page 110 of 286 Page 111 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Limited Applicability of the RPC [Sec. 98, Correctional penalties Ombudsman Desierto, GR No. 130140 2. When offender is absent from Philippine
R.A. 9165] 10 years
(except Arresto Mayor) (2011)] archipelago
Notwithstanding any law, rule or regulation to Arresto Mayor 5 years
the contrary, the provisions of the RPC shall Prescriptive NOTE: It is discovery of crime, NOT Prescription for Special Laws and
not apply to the provisions of this Act, except in Crime discovery of offender. The fact that the Municipal Ordinances [Sec. 1, Act No. 3326]
Period
the case of minor offenders. Where the Libel or other similar culprit is unknown will not prevent the period Prescriptive
offender is a minor, the penalty for acts 1 year of prescription from commencing to run. Penalty Provided by Law
offenses Period
punishable by life imprisonment to death Oral Defamation and Slander [REYES, Book 1]. It is not necessary that Imprisonment of 6 years
provided herein shall be reclusion perpetua to 6 months the accused be arrested. [People v. Joson, 12 years
by Deed and more
death. 46 Phil. 380, 284, cited in REYES, Book 1] Imprisonment of 2 years
Light Offenses
(e.g., arresto menor, public 2 months and more but less than 6 8 years
6. Extinction of Criminal 2. False testimony: From time principal case years
censure)
is finally decided. [People v. Maneja, 72 Phil Imprisonment for more
Liabilities Fine
Prescriptive
256 (1941), cited in REYES, Book 1]
Period than 1 month, but less than 4 years
Afflictive (Exceeds 2 years
a. Total Extinction 15 years 3. Election offenses
P1,200,000) Imprisonment of not more
a. If the discovery is incidental to judicial
Criminal liability is totally extinguished in Correctional (1,200,000 to than 1 year
10 years proceedings, prescription begins when
the following cases: [CP DeSAAM] P40,000) 1 month
such proceedings terminate.
1. Prescription of Crime Light (Less than P40,000) 2 months Fine 1 year
b. If the falsification committed by
2. Prescription of Penalty Prescriptive
inspectors in connection with the Crime
3. Death of the convict NOTES: counting of votes and preparation of period
4. Service of sentence a. Subsidiary penalty for nonpayment not election returns was known to the Violation of municipal
2 months
5. Amnesty considered in determining the period protestants and their election watchers ordinances
6. Absolute pardon b. When fine is an alternative penalty higher before the filing of the election protests, 5 years [Sec.
7. Marriage of the offended woman, as than the other penalty which is by the period of prescription begins from the 281, National
Violation of National
provided in Art. 344 of the RPC. imprisonment, prescription of the crime is date of commission of the offense. Internal
Internal Revenue Code
based on the fine. [People v. Basalo, 101 [People v. Cariño, 56 Phil 109 (1931), Revenue
i. By Prescription of Crime Phil 57, 61 (1957), cited in REYES, Book 1] cited in REYES, Book 1] Code of 1997]
c. When the penalty is a compound one, the Violations of orders,
60 days [Sec.
Prescription highest penalty is the basis of the 4. Continuing crimes: Prescriptive period decisions and regulations,
28, Public
The loss by the State of the right to prosecute application of the rules in Art. 90. [People v. cannot begin to run because the crime does of or conditions of
Service Act
and punish the crime or to demand the service Cruz, 108 Phil 255 (1960) cited in REYES, not end. [Arches v. Bellasillo, 81 Phil 190 certificate of convenience
(C.A. No.
of the sentence imposed. [Santos v. Book 1 at 868] (1948), cited in REYES, Book 1] by the Public Service
146)]
Superintendent, G.R. No. L-34334 (1930)] Commission
Commencement Period for Computation
Ground for Motion to Quash General Rule: The running of the prescriptive Circumstances when computation of period NOTE: The above are not applicable where the
Under the Rules of Court, the failure of the period should commence from the day is interrupted [RPC, Art. 91] special law provides for its own prescriptive
accused to assert the extinction of the offense following the day on which the crime was 1. Upon filing of complaint or information period. [Sec. 1, Act No. 3326]
in a motion to quash shall not be deemed a committed. [People v. Del Rosario, 97 Phil 67,
waiver of such ground. Prescription of crime 70 (1955), cited in REYES, Book 1] It shall commence to run again when such ii. By Prescription of Penalty
may be raised anytime including during appeal. proceedings terminate without the accused
[Recebido v. People, G.R. No. 141931 (2000)] Exceptions: being convicted or acquitted, or unjustifiably Prescription
1. Blameless ignorance doctrine: If violation stopped for any reason not imputable to the The loss or forfeiture of the right of the
Prescription of Crimes [Art. 90, RPC] was not known at the time of its accused. government to execute the final sentence after
Prescriptive commission, the prescription begins to run the lapse of a certain period of time. [REYES,
Penalty Provided by Law
Period only from the discovery thereof. Note: Termination must be final as to Book 1]
Death, reclusion perpetua, [Presidential Ad-Hoc Fact Finding amount to a jeopardy that would bar a
20 years Committee on Behest Loans v.
or reclusion temporal subsequent prosecution. Prescription of Penalties [Art. 92, RPC]
Other afflictive penalties 15 years

Page 112 of 286 Page 113 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Prescriptive 3. Convict goes to a foreign country with which same may also be predicated on a source of Although pardon restores his eligibility for
Penalty Imposed
Period the Philippines has no extradition treaty [Art. obligation other than delict, such as law, appointment to that office, the pardoned
Death and Reclusion 93, RPC] contracts, quasi-contracts and quasi-delicts. convict must reapply for a new appointment.
20 years
Perpetua [People v. Bayotas, G.R. No. 102007 (1994)] [Monsanto v. Factoran, G.R. No. 78239
Other Afflictive Penalties 15 years Even in cases where our government has (1989)]
Correctional Penalties 10 years an extradition treaty with another country iv. By Service of Sentence
Arresto Mayor 5 years but the crime is not included in the treaty, it 2. Culprit is not exempt from payment of civil
Light Penalties 1 year would interrupt the running of the v. By Amnesty indemnity imposed upon him by the
prescriptive period. [REYES, Book 1] sentence. [Art. 36, RPC]
Elements for Application of Prescription of An act of the sovereign power granting oblivion
Penalty 4. Convict commits any crime before the or general pardon for a past offense. [Brown v. Limitations on Pardoning Power [ACNI]
1. Penalty is imposed by final judgment expiration of the period of prescription [Art. Walker, 161 U.S. 602 (1896), cited in REYES, 1. Power can be exercised only After
2. Convict evaded service of sentence by 93, RPC] Book 1] Conviction.
escaping during the term of his sentence.
3. The convict who has escaped from prison 5. Convict accepts grant of conditional pardon. Erases not only the conviction but the crime Thus in applying for pardon, the convict
has not given himself up, or been captured, [People v. Puntillas, G.R. No. 45269 (1938), itself. [Art. 89, par. 3, RPC] must Not appeal the judgment of conviction
or gone to a foreign country with which we cited in REYES, Book 1] or the appeal must be abandoned.
have no extradition treaty or committed It is granted to classes of persons or
another crime. Prescription of Crime v. Prescription of communities who may be guilty of political 2. Power does not extend to cases of
4. The penalty has prescribed because of the Penalty offenses, generally before or after the Impeachment. [Cristobal v. Labrador, G.R.
lapse of time from the date of the evasion of Prescription of Prescription of institution of the criminal prosecution and No. 47941 (1940)]
service of the sentence by the convict. Crime Penalty sometimes after conviction. [People v. Casido,
[REYES, Book 1] As to Right Forfeited G.R. No. 116512 (1997), citing Barrioquinto v. NOTE: The pardoning power of the President
Right of the State to Right to execute the Fernandez, G.R. No. L-1278 (1949)] cannot be limited by legislative action. Arts. 36-
NOTE: "Escape" in legal parlance and for prosecute penalty 41 only operates as a procedural proscription.
purposes of Art. 93 and 157 of the RPC means As to Conviction vi. By Absolute Pardon [Risos-Vidal v. COMELEC and Estrada, G.R.
unlawful departure of prisoner from the limits of None; Prosecution There is already a No. 206666 (2015)]
his custody. Clearly, one who has not been has not yet begun final and executory Pardon
committed to prison cannot be said to have judgment It is an act of grace, proceeding from the power Amnesty v. Absolute Pardon
escaped therefrom. [Del Castillo v. As to Commencement entrusted with the execution of the laws. It Amnesty Absolute Pardon
Torrecampo, G.R. No. 139033 (2002)] From the day From the time the exempts the individual from the penalty of the As to Scope
following the day the convict evades crime he has committed. [REYES, Book 1] Blanket pardon to
Includes any crime
Commencement Date of Prescription crime was sentence or classes of persons
Absolute pardon and is exercised
Period committed or the detention guilty of political
The total extinction of the criminal liability of the individually
Period commences to run from the date when discovery of the offenses
the culprit evaded the service of sentence. [Art. crime by the individual to whom it is granted without any As to Time of Exercise
93, RPC] offended party or the condition. It restores to the individual his civil May still be
and political rights and remits the penalty Person is already
authorities or their exercised before
imposed for the particular offense of which he convicted
When Interrupted agents trial or investigation
1. Convict gives himself up [Art. 93, RPC] [BOADO] was convicted. [Sec. 2(q), Revised Rules and As to Nature
Regulations of the Board of Pardons and Looks forward. He is
2. Convict is captured [Art. 93, RPC] iii. By Death of the Convict Parole] relieved from the
Looks backward. It consequences of the
NOTE: If the culprit is captured but he General Rule: Death of the accused pending Other Effects of Pardon is as if he has offense, but rights
evades the service of his sentence again, appeal of his conviction extinguishes his 1. Does not work the restoration of the right to committed no are not restored
the period of prescription that ran during the criminal liability as well as the civil liability hold public office or the right of suffrage, offense. unless explicitly
evasion is not forfeited. The period of based solely thereon. unless such rights be expressly restored by provided by the
prescription that has run in his favor should the terms of the pardon. [Art. 36, RPC] terms of the pardon.
be taken into account. [REYES, Book 1] Exception: Claim of civil liability survives As to Burden of Proof
notwithstanding the death of the accused, if the

Page 114 of 286 Page 115 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Private act of the Pardon of Offended Party in Offenses Other ii. By Commutation Of Sentence Who Grants Time Allowances under Arts.
Public act which the President and must than those in Art. 344 [Art. 96, RPC] 97 & 98
court shall take be pleaded and Only civil liability is extinguished. A crime 1. Director of the Bureau of Corrections
judicial notice of proved by the person committed is an offense against the State. Only The commutation of the original sentence for 2. Chief of BJMP
pardoned the Chief Executive can pardon the offenders. another of a different length and nature shall 3. Wardens of provincial, district, municipal
As to Requirement of Final Judgment [Art. 23, RPC] have the legal effect of substituting the latter in and city jails [Art. 99, RPC as amended by
Valid only when Valid if given either the place of the former [Art. 96, RPC] R.A. 10592]
there is final before or after final b. Partial Extinction
judgment judgment Good Conduct Allowances
As to Effect on Recidivism Criminal liability is partially extinguished in iii. Allowance for Good Conduct Time in Penal Deduction from period
Recidivism cannot the following cases: [CoCoGS PaP] which Culprit May Earn while He Institution of sentence
be applied to crimes 1. Conditional pardon is Serving Sentence [Art. 97, 20 days for each month
First 2 years
committed Recidivism applies. 2. Commutation of sentence RPC] of good behavior
subsequent to Pardon does not 3. Good conduct allowances 23 days for each month
Applicability 3rd to 5th year
another crime for erase effects of 4. Special time allowance for loyalty of good behavior
which the offender conviction. [U.S. v. 5. Parole General Rule: Allowance is granted to any Following years 25 days for each month
was granted Sotelo, G.R. No. 6. Probation prisoner in: until 10th year of good behavior
amnesty. Amnesty 9791 (1914)] 1. Penal institution 11th and
2. Rehabilitation or detention center 30 days for each month
erases conviction i. By Conditional Pardon [Art. 95, successive
3. Other local jail [Art. 97, RPC as amended by of good behavior
and its effects. [Art. RPC] years
89, par. 3, RPC] R.A. 10592] 15 days for each month
Any time during
As to Effect on Civil Liability Conditions of study, teaching or
Exceptions: The allowance is not applicable period of
Both do not extinguish civil liability. Any person who has been granted conditional mentoring service time
to: imprisonment
pardon shall incur the obligation of complying rendered
vii. By the marriage of the offended strictly with the conditions imposed therein 1. Recidivists [Art. 97, RPC as amended by R.A. 10592]
woman and the offender in the otherwise. [Art. 95, RPC], 2. Habitual delinquents
crimes of rape, abduction, 3. Escapees iv. Special Time Allowance (Art. 98)
seduction and acts of If delivered and accepted, it is a contract 4. Persons charged with heinous crimes [Art.
lasciviousness [Art. 344, RPC] between the executive and the convict that the 29 RPC as amended by R.A. 10592] Special Time Allowance
former will release the latter upon compliance Deduction in the period of the sentence of a
General Rule: A pardon of the offended party with the condition. [REYES, Book 1] Effect prisoner during the calamity or catastrophe
does not extinguish criminal action [Art. 23, Computation of preventive imprisonment for mentioned in Art. 158 (i.e. conflagration,
RPC] Effect of Non-Compliance purposes of immediate release shall be the earthquake, explosion or similar catastrophe;
Non-compliance with any of the conditions actual period of detention with good conduct or mutiny in which he has not participated). [Art.
Exception: As to those mentioned under Art. specified shall result in the revocation of the time allowance. Provided, if the accused is 98, RPC]
344 pardon and the penalty of prision correccional absent without justifiable cause at any stage of
in its minimum period shall be imposed upon the trial, the court may motu proprio order the Deduction from
rearrest of the accused. [Art. 29, RPC as Scenario
Effect of Marriage [Art. 344, RPC] the convict. However, if the penalty remitted by Period of Sentence
1. Marriage of the offender with the offended the granting of such pardon be higher than 6 amended by R.A. 10592] When prisoner, having
party in seduction, abduction, acts of years, he shall then suffer the unexpired evaded his sentence,
portion of his original sentence. [Art. 159, RPC] Effect of Appeal gives himself up to
lasciviousness and rape, extinguishes
Appeal does not deprive entitlement to good authorities within 48 hours
criminal action or remits the penalty already 1/5 of period of
Conditions Explicitly Stipulated conduct allowance. [Art. 97, RPC as amended following issuance of
imposed. sentence
by R.A. 10592] proclamation by Chief
2. It also extinguishes the criminal actions Pardon itself must be explicitly imposed. A Executive announcing the
against the co-principals, accomplices, and “whereas” in the preamble of the pardon stating passing away of the
accessories. that “Joseph Ejercito Estrada has publicly NOTE: Allowance for good conduct, once calamity
committed to no longer seek any elective granted, cannot be revoked. [REYES, Book 1] When prisoner chooses to
2/5 of period of
position or office” does not make the pardon stay in place of
sentence.
conditional. [Risos-Vidal v. COMELEC and confinement.
Estrada, supra.] [Art. 98, RPC]

Page 116 of 286 Page 117 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Special time allowance for loyalty applies to Civil liability arising from an offense, however, Exceptions: When Civil Effect
any prisoner whether undergoing preventive may be the subject of compromise. Such 1. Acquittal in the criminal action for Action [Rule 111, Sec. 2,
imprisonment or serving sentence. [Art. 98 compromise shall not extinguish the imposition negligence does not preclude the offended is Instituted Rules of Court]
RPC as amended by R.A. 10592] of the legal penalty. [Art. 2034, New Civil Code] party from filing a separate civil action to Civil action is suspended
recover damages, based on the new theory until final judgment is
v. By Parole 7. Civil Liabilities Arising from that the act is a quasi-delict [REYES; Book rendered in the criminal
Before
1 Art. 2177, NCC]. action.
Parole Criminal Cases 2. Facts from which the civil action might arise
criminal
The civil and criminal
The conditional release of an offender from a action has
do not exist (e.g., the defendant was actions may be
correctional institution after he has served the a. General Rule commenced
acquitted because he was not the consolidated so that they
minimum of his prison sentence. [Sec. 2(l), perpetrator of the felony) [REYES, Book 1] are tried and decided
Revised Rules and Regulations of the Board of Art. 100. Civil liability of a person guilty of jointly.
Pardons and Parole] felony. - Every person criminally liable for a Determination of Civil Liability [WRIP] Cannot be instituted until
felony is also civilly liable. General Rule: Civil liability arising from the After criminal
after final judgment has
vi. By Probation commission of the felony is deemed instituted action has
been rendered in the
Basis of Civil Liability with the criminal action. [Rule 111, Sec. 1(a), commenced
criminal action.
Probation An act or omission xxx gives rise to civil liability ROC]
A disposition under which a defendant after because it caused damage to another.
Said rule applies only when the plaintiff in the
conviction and sentence is released subject to Additionally, what gives rise to civil liability is With the implied institution of the civil action in civil action is the offended party in the criminal
conditions imposed by the court and to the the obligation and the moral duty of everyone the criminal action, the two actions are merged action and both cases arise from the same
supervision of a probation officer. [Sec. 3(a), to repair or make whole the damage caused to into one composite proceeding, with the offense.
P.D. 968 (Probation Law)] another, by reason of his own act or omission, criminal action predominating the civil. [Quinto
whether done intentionally or negligently. v. Andres, G.R. No. 155791 (2005)] Independent Civil Actions
c. Compromise and Affidavit of [Chua v. CA, G.R. No. 150793 (2004)]
An independent civil action may be filed in the
Desistance Exceptions: When the offended party: following cases:
Every person who, contrary to law, willfully or 1. Waives his right to file a civil action 1. Violations of fundamental rights [Art. 32,
negligently causes damage to another, shall 2. Reserves his right to Institute it separately,
Criminal liability cannot be the subject of a NCC.]
indemnify the latter for the same. [Art. 20, CC.] or
compromise, for a criminal case is committed 2. Defamation, fraud and physical injuries [Art.
against the People, and the offended party may 3. Institutes the civil action Prior to the criminal 33, NCC.]
When Imposable action.
not waive or extinguish the criminal liability. 3. Failure or refusal of a member of the police
If the felony committed did not cause any
Compromise is not one of the grounds force to render aid or protection to any
damage to another, the offender is not civilly Reservation of Right to File
prescribed by RPC for the extinction of criminal person in case of danger to life or property
liable even if he is criminally liable for the felony A reservation of the right to file a separate civil
liability. [Trinidad v. Ombudsman, G.R. No. [Art. 34, NCC.]
committed. [REYES, Book 1] action only gives the party aggrieved the right
166038 (2007); Art. 2034, New Civil Code; Art. 4. When there is fault or negligence, there
23, RPC.] to choose under which body of laws he must being no pre-existing contract between the
Exemption from criminal liability does not bring the civil action, either under the: parties (quasi-delict). [Art. 2176, NCC]
include exemption from civil liability. [Rule 111, 1. RPC – where the recovery may be
Courts disfavor affidavits of desistance or
Sec. 2(4), Revised Rules of Criminal defeated by proof that the acts on which the
retraction [People v. Orje, G.R. No. 189579 NOTE: Responsibility for quasi-delicts is
Procedure] action is based do not exist, or
(2011) citing People v. Soriano, G.R. No. separate from civil liability arising from
178325 (2008), 546 SCRA 514, 521; citing 2. New Civil Code – where the same proof is negligence under the RPC, but the plaintiff
Effect of Acquittal in Criminal Action required to preclude recovery, or proof of
People v. Alicante, 388 Phil. 233, 258 (2000)] cannot recover damages twice from the
General Rule: The court may acquit an diligence in the selection and employment
as they can be easily secured from poor or same act or omission. [Art. 2177, CC.]
accused on reasonable doubt and still order of the employee.
ignorant witnesses, usually for monetary
payment of civil damages already proved in the
considerations or threats of violence. There b. What Civil Liability Includes
same case without need for a separate civil Institution of Separate Civil Action
must be other circumstances which, when
action. The reason for this is that the accused Commencement of criminal action is not a
coupled with retraction or desistance, creates What is Included in Civil Liability [Art. 104,
has already been accorded due process. condition precedent to the filing of civil action
doubt as to the truth of the plaintiff’s testimony. RPC]
[Maximo v. Gerochi, Jr., G.R. Nos. L-47994-97 arising from a crime. However, civil action
[People v. Orje, G.R. No. 189579 (2011)] The civil liability established in Arts. 100, 101,
(1986)] arising from crime cannot be instituted in 102, and 103 of this Code includes:
the following cases:

Page 118 of 286 Page 119 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

1. Restitution; ii. Reparation Lost earnings 7. Malicious prosecution

2. Reparation of the damage caused; and The court shall determine the amount of General Rule: There must be documentary
3. Indemnification for consequential damages. damage, taking into consideration the price of proof to support the indemnity for loss of For rape, moral damages may additionally be
the thing, whenever possible, and its special earning capacity. awarded without need for pleading or proof of
i. Restitution sentimental value to the injured party, and the basis thereof. [People v. Arizapa, G.R. No.
reparation shall be made accordingly. [Art. 106, Exceptions: 131814 (2000)]
Restitution of the thing itself must be made RPC] 1. When the deceased is self-employed and
whenever possible, with allowance for any earning less than minimum wage; or Exemplary Damages
deterioration or diminution of value as This applies when restitution is not possible. 2. When the deceased was employed as a Corrective damages are deterrent to serious
determined by the court. [Art. 105, RPC] [People v. Dalena, G.R. Nos. 11387-R and daily wage worker earning less than wrongdoings, and vindication of undue
11388-R (1954) cited in REYES, Book 1] minimum wage. [People v. Mallari, G.R. sufferings. This is imposed when there are:
NOTE: Restitution should apply when offense No. 145993 (2003)] 1. One or more aggravating circumstances; or
is proven, even if accused is acquitted. [People Computation [Art. 106, RPC] 2. When crime is extremely reprehensible or
v. Alejano, G.R. No. L-33667 (1930)] REPARATION = actual value of lost item Computation: outrageous. [People v. Combate, G.R. No.
which cannot be recovered + sentimental Loss of Earning Capacity = [2/3 x (80 – age 189301 (2010)]
General Rule: The thing itself shall be value to original owner of the deceased)] x [50% x annual gross
restored, even though it be found in the income] However, plaintiff must first show he is entitled
possession of a third person who has acquired iii. Indemnification to moral, temperate, or compensatory
it by lawful means. If there is proof of actual amount of living damages before exemplary damages are
Indemnification for consequential damages expenses, instead of using 50% of annual awarded. [Art. 2234, CC.]
Exception: In cases where the thing has been shall include not only those caused the injured gross income:
acquired by the third person in the manner and party, but also those suffered by his family or Net Gross Income = gross annual income – Damages to be Awarded
under the requirements which, by law, bar an by a third person by reason of the crime. [Art. living expenses The following damages is to be awarded for
action for its recovery. [Art. 105, RPC] 107, RPC] [Abrogar v. Cosmos Bottling Corporation, G.R. crimes involving the death of victim where the
No. 164749 (2017)] penalty imposed consists of indivisible
Hence, restitution may not be allowed in the Indemnity v. Restitution penalties (e.g., Murder, Parricide, Infanticide,
following cases: Restitution is applicable to crimes against Temperate Damages etc) or for simple/qualified rape. [People v.
a. If the possessor of a movable or of which property; whereas indemnity is applicable to Given when pecuniary losses were suffered Jugueta, G.R. No. 202124 (2016)]
the owner has been unlawfully acquired, crimes against persons. but amount cannot be proven with certainty.
acquired it in good faith at a public sale, the Also, when income of victim is not sufficiently Where the penalty imposed is death but
owner cannot acquire its return without Art. 104 (civil liabilities) v. Art. 38 (providing proven. [Pleno v. Court of Appeals, G.R. No. L- reduced to reclusion perpetua because
reimbursing the price thereof. [Art. 559, CC.] for the order of payment of pecuniary 56505 (1988)] of RA 9346
b. When purchaser is an innocent purchaser liabilities) Civil indemnity
for value of a property covered by a Torrens Civil liabilities Pecuniary Liabilities Moral Damages Moral damages P100,000
title [REYES, Book 1] (Art. 104) (Art. 38) This includes physical suffering, mental Exemplary damages
c. When a sale is authorized by the original Similarities anguish, fright, serious anxiety, besmirched Where the penalty imposed is reclusion
owner of the property. [REYES, Book 1] Reparation, indemnification reputation, wounded feelings, moral shock, perpetua, other than the above-
d. When liability to return a thing arises from a As to Restitution social humiliation, and similar injury. [Art. 2217, mentioned
contract, not from a criminal act. In such Restitution Not applicable CC.] Civil indemnity
case, the court cannot order its return in the As to Fine and Costs Moral damages P75,000
criminal case. [People v. Pantig, G.R. No. L- Fine, costs of It may be recovered in the following and Exemplary damages
8325 (1955)] Not applicable analogous cases: [Art. 2219, CC.]
proceedings
1. Crime resulting to physical injuries Attorney’s fees
If Thing is Damaged When Injuries are Sustained 2. Seduction, abduction, rape, or other When defendant’s act or omission has
If the value of the thing taken is decreased, the Actual damage from injuries = whatever he lascivious acts compelled the plaintiff to litigate with third
court may order the offender to pay the amount spent to treat wounds + doctor’s fees + 3. Adultery/concubinage persons or incur expenses to protect his
representing deterioration. [People v. medicine + salary/wages unearned because 4. Illegal/arbitrary detention/arrest interest. [Art. 2208, CC.]
Mostasesa, G.R. No. L-5684 (1954)] of inability to work + damages due to loss of 5. Illegal search
limb/etc. 6. Libel, slander, or any other form of
defamation

Page 120 of 286 Page 121 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW

Interest In Case of Death of Offender case of his death or incapacity, the mother is persons unless committed by the innkeeper's
6% per annum. [Sps. Abella v. Abella, G.R. No. When Death Effect responsible for damages caused by the minor employees. [Art. 102, RPC]
195166 (2015)] Occurred children who live in their company.” [REYES,
After final judgment Civil liability is Book 1] Elements under Paragraph 1
c. Persons Civilly Liable possible. [Rule 86, a. Innkeeper, tavernkeeper, or proprietor of
ROC] Exception: Parents/guardians can avoid civil establishment or his employee must have
Upon Whom Obligation Devolves [Art. 108, Before final Civil liability is liability by proving that there was no fault or committed a violation of municipal
RPC] judgment dismissed. [Art. negligence on their part. [REYES, Book 1] ordinance or some general or special police
1. Obligation to make restoration, reparation 89(1), RPC] regulation.
for damages, or indemnification for Civil Liability of Guardians b. Crime was committed in such inn, tavern or
consequential damages and actions to d. Extinction of Civil Liability The persons having the insane or minor under establishment.
demand the same – upon the heirs of the their legal authority or control are primarily c. The person criminally liable is insolvent.
person liable. Offender shall continue to be obliged to satisfy liable to pay the civil liability. If it is proven that
the civil liability resulting from the crime there was no fault or negligence on their part, Elements under Paragraph 2
2. Action to demand restoration, reparation, committed by him, notwithstanding the fact that those exempted from the crime shall respond a. Guests notified the innkeeper or the person
and indemnification - descends to the heirs he has served his sentence consisting of with their own property not exempt from representing him of the deposit of their
of the person injured. deprivation of liberty or other rights, or has not execution. [Art. 2180(3), CC.] goods within the inn or house, in advance.
been required to serve the same by reason of b. The guest followed the directions of the
Rules on Liability amnesty, pardon, commutation of sentence or ii. State of Necessity innkeeper or his representative with respect
1. If there are two or more persons civilly any other reason. [Art. 113, RPC] to the care of the vigilance over such goods.
liable for a felony - the courts shall There is no civil liability in justifying c. Such goods of the guests lodging therein
determine the amount for which each must Modes of Extinguishing Civil Liability circumstances except in par. 4 of Art. 11 (state were taken by robbery with force upon
respond. [Art. 109, RPC] Civil liability established in Arts. 100, 101, 102, of necessity), wherein the person who was things or theft committed within the inn or
and 103 of the RPC shall be extinguished in the benefited by the act which causes damage to house.
2. Liability of principals, accomplices, and same manner as obligations, in accordance another is the one civilly liable. [Tan v.
accessories - each within their respective with the provisions of the Civil Law. [Art. 112, Standard Vacuum Oil, G.R. No. L-4160 (1952)] f. Subsidiary Liability of Other
class, shall be liable severally (in solidum) RPC] Persons
among themselves for their quotas, and iii. Irresistible Force and
subsidiaries for those of the other persons Obligations are extinguished: Uncontrollable Fear Subsidiary liability shall also apply to
liable. a. By payment or performance; employers, teachers, persons, and
b. By the loss of the thing due; The persons using violence or causing the fear corporations engaged in any kind of industry
Order of enforcement of liability: first c. By the condonation or remission of the debt; are primarily liable. If there be no such persons, for felonies committed by their servants, pupils,
against the property of the principals; next, d. By the confusion or merger of the rights of those doing the act shall be liable secondarily. workmen, apprentices, or employees in the
against that of the accomplices, and, lastly, creditor and debtor; [REYES, Book 1] discharge of their duties [Art. 103, RPC].
against that of the accessories. e. By compensation;
f. By novation. [Art. 1231, CC] iv. Innkeepers and Similar Persons Elements: [ETPC SePWA INSaC]
Right of person who paid: Right of action 1. Employer, Teacher, Person or Corporation
against the others for the amount of their General Rule: Innkeepers, tavernkeepers, and is engaged in any kind of industry.
e. Special Cases
respective shares. [Art. 110, RPC] any other persons or corporations shall be 2. Any of their Servants, Pupils, Workmen,
civilly liable for crimes committed in their Apprentices or employees commits a felony
i. Insanity, imbecility, and those
3. Liability of person who benefited from establishments in the following cases: while in the discharge of his duties.
over 9 and below 15
the proceeds of the felony – any person 1. In default of the persons criminally 3. The said employee is Insolvent and has Not
who has participated gratuitously in the Civil Liability of Parents of Minors liable Satisfied his civil liability.
proceeds of a felony shall be bound to make General Rule: A minor over 15 years of age 2. For the restitution of goods taken by 4. Employee was Convicted in a criminal
restitution in an amount equivalent to the who acts with discernment is not exempt from robbery or theft within their houses action.
extent of such participation. [Art. 111, RPC] criminal liability, that is why the RPC is silent as from guests lodging therein.
to the subsidiary liability of his parents. The How Enforced
particular law that governs is Art. 2180 of the Exception: No liability shall attach in case of There must be a motion for subsidiary writ of
Civil Code which provides, “the father and, in robbery with violence against or intimidation of execution against the employer and upon proof

Page 122 of 286 Page 123 of 286

U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW II CRIMINAL LAW

that the employee is insolvent. [REYES, Book

1]

NOTES:
a. Private persons without business or industry
are not subsidiarily liable but may be
primarily liable under culpa aquiliana.
[Steinmetz v. Valdez, G.R. No. 47655
(1941) cited in Reyes, Book 1]
b. Employer has the right to take part in the
defense of his employee. [Miranda v. Malate
Garage & Taxicab, G.R. No. L-8943 (1956)]

CRIMINAL LAW II
CRIMINAL LAW

Page 124 of 286 Page 125 of 286

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Treason by a Filipino citizen - can be b. Temporary – obligation of fidelity and Two Ways of Proving Treason [Art. 114,
II. CRIMES UNDER THE committed outside of the Philippines. obedience which a resident alien owes to par.2, RPC]
REVISED PENAL CODE b. Treason by an alien - must be his government. 1. Testimony of at least two witnesses to the
committed in the Philippines. same overt act; or
A. CRIMES AGAINST NATIONAL 4. Treason is a continuing offense – It is of Adherence 2. Confession of accused in open court.
SECURITY AND THE LAW OF such a nature that it may be committed by An intent to betray; when a citizen intellectually
NATIONS [ARTS. 114-123] one single act, by a series of acts, or by or emotionally favors the enemy and harbors The Two-Witness Rule
several series thereof, not only in a single sympathies or convictions. [Cramer v. US, 65 The testimony of two witnesses is required to
These crimes may be prosecuted although the time, but in different times, it being a Sup. Ct. 918 (1945)] prove the overt act of giving aid or comfort,
criminal act or acts were committed outside of continuous crime. [People v. Victoria, G.R. but it is not necessary to prove adherence.
Philippine territorial jurisdiction. No. L-369 (1947)] Aid or Comfort Each of the witnesses must testify to the whole
An act which strengthens or tends to overt act; or if it is separable, there must be two
This is one of the instances where the RPC Elements strengthen the enemy and an act which witnesses to each part of the overt act. [People
may be given extraterritorial application Mode 2: weakens or tends to weaken the power of the v. Escleto, G.R. No. L-1006 (1949)]
under Article 2 (5) thereof. However, Mode 1: Adherence to the traitor’s country to resist or to attack the enemy.
prosecution can proceed only if offender is: Levying War Enemy and Giving [Cramer v. US, supra] Adherence may be proved [ONC]:
a. Within Philippine territory, or [AWLAT] of Aid and Comfort 1. By One witness;
b. Brought to the Philippines pursuant to an [AWAG] 5. The overt act of aid and comfort to the 2. From the Nature of the act itself; or
extradition treaty. 1. Offender is a Filipino or Resident alien enemy must be intentional. [Id.] 3. From the Circumstances surrounding the
owing Allegiance to the Government of act. [People v. Adriano, G.R. No. L-477
General rule: Almost all of these are crimes the Philippines Acts not constituting treason (1947)]
committed only in times of war. 2. There is a War in which the Philippines 6. “Commandeering" of women to satisfy the
is involved lust of Japanese officers or men or to Aggravating Circumstances
Exceptions: Offenses that can be committed 3. The offender 3. Offender Adheres enliven the entertainments held in their Aggravating Circumstances
in times of peace: Levies war to the enemies honor. Sexual and social relations with the Not Allowable/
a. Espionage [Art. 117] – This is also covered against the and Gives them Japanese did not directly and materially Inherent
tend to improve their war efforts or to Allowable [ICAG]
by Commonwealth Act No. 616 which government aid or comfort Circumstances
punishes conspiracy to commit espionage. 4. There must be weaken the power of the US. [People v. [EAT]
b. Inciting to War or Giving Motives for an actual Perez, supra.] 1. Ignominy 1. Evident
Reprisals [Art. 118] – This can be committed Assembly of 7. Acceptance of public office and discharge of 2. Cruelty premeditation
even if the Philippines is not a participant. men; and official duties under the enemy [People v. 3. Amount or 2. Abuse of Superior
c. Violation of Neutrality [Art. 119] – The 5. It is for the Sison, P.C. 42 O.G. 748] degree of aid strength
Philippines is not a party to an on-going war. purpose of 4. Gravity of 3. Treachery [People
executing a As to the treatment of common crimes separate distinct v. Roble, G.R. No.
1. Chapter I: Crimes against Treasonable connected with the charge of Treason acts of treason L-433 (1949)]
design by force General Rule: When the killings and other [REYES]
National Security [REYES] common crimes are charged as overt acts of
treason, they cannot be regarded: (a) as Defenses Against Treason
a. Article 114 - Treason Allegiance separate crimes, or (b) as complexed with Defenses against Treason
Obligation of fidelity and obedience which the treason. Acceptable [DL] Unacceptable [SL]
GENERAL CONCEPTS: individuals owe to the government under which 1. Duress or 1. Suspended
1. Treason – breach of allegiance to a they live or to their sovereign, in return for the Exception: The rule would not preclude the uncontrollable allegiance and
government, committed by a person who protection they receive. [REYES, citing 52 Am. punishment of murder or other common fear [El Pueblo change in
owes allegiance to it [U.S. v. Abad, G.R. No. Jur. 797]. crimes, if the prosecution should elect to de Filipinas v. sovereignty
976 (1902)] prosecute the culprit specifically for these Bagalawis, [Laurel v. Misa,
2. Two (2) Modes of Commission [LA]: Allegiance can be [Laurel v. Misa, G.R. No. L- crimes, instead of relying on them as an G.R. No. L-262 G.R. No. L-409
a. Levying War 409 (1947)]: element of treason. [People v. Prieto, G.R. No. (1947)] (1947)]
b. Adherence to the Enemy and Giving of a. Permanent – obligation of fidelity and L-399 (1948)] 2. Lawful 2. Loss of
Aid and Comfort obedience which a citizen or subject owes obedience to a citizenship by the
3. Place of Commission to his government or sovereign.

Page 126 of 277 Page 127 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

de facto mere joining of Rationale: There are persons who conspire to Other distinctions between Mode 1 and
Government army of the commit treason and the offender knew this and d. Article 117 – Espionage Mode 2
[Go Kim Cham enemy [People v. failed to make the necessary report to the Mode 1 Mode 2
v. Valdez, G.R. Manayao, G.R. government within the earliest possible time. Punishable Acts [Two (2) Modes] [ED]
No. L-5 (1945)] No. L-322 (1947)] [REYES] As to the Offender
1. By Entering, without authority therefor, a
warship, fort, or naval or military Offender can be any Offender should be a
Punishment establishment or reservation to obtain any person who has no public officer
b. Article 115 – Conspiracy and ● Punishment imposed is as an accessory to information, plans, photographs, or other authority to obtain
Proposal to Commit Treason treason. data of a confidential nature relative to the information, plans,
● However, the offender is still a principal to defense of the Philippines etc.
the crime of misprision of treason. Hence, 2. Disclosing by public officer of confidential
Elements As regards the information
Art. 20 of the RPC which provides for information to a foreign representative
Conspiracy to Proposal to Information need not
accessories who are exempt from criminal Articles, data or
commit Treason commit Treason be obtained. The
liability does not apply in this case. [REYES] Elements information of
[WaTLAD] [WOnLAP]
Mode 1: Mode 2: intention to obtain confidential nature are
1. There is a War in which the Philippines is information is disclosed.
Misprision of Treason v. Treason Entering without Disclosing by
involved sufficient.
Misprision of Authority a Public Officer
2. At least two 2. At least one
Treason Treason (Art. 114) [EAPD] [PPD]
persons agree to: person decides to
(Art. 116) 1. Offender Enters a 1. That the offender is Espionage v. Treason
a. Levy war a. Levy war
against the against the As to the Offender Warship, Fort, or a Public officer; Espionage (Art. 117) Treason (Art. 114)
government; government; Naval or Military 2. That he has in his
Offender is a Filipino Offender is a Filipino Establishment or Possession the As to the Offender
or or Citizen or Resident alien
b. Adhere to the b. Adhere to the Reservation; articles, data or Offender can be a citizen or an alien
owing Allegiance to [WaFoNaMER] information of a
enemies, enemies, the Government of the When committed
2. He has no confidential nature
giving them giving them Philippines Authority; relative to the May be committed Committed only in
aid or comfort aid or comfort
Acts Punished 3. His Purpose is to defense of the both in times of war times of war
obtain Philippines, by and in times of peace
3. They decide to 3. That person What is punished is What is punished is
information, reason of the public
commit it proposes its the concealment or the act of: How committed
plans, office he holds;
execution to failure to disclose of a (1) levying war; or
photographs or 3. That he Discloses May be committed in Limited to two (2) ways
other persons conspiracy to commit (2) adherence to the
other data of a their contents to a many ways of:
treason enemy and the giving a. Levying of war; and
confidential representative of a
of aid and comfort
nature foreign nation. b. Adhering to the
The two-witness rule does not apply because Since the provision enemy giving him
4. What is sought to
this is a separate and distinct offense from that speaks only of aid or comfort
be obtained is
of treason. [US v. Bautista, G.R. No. L-2189 “knowledge of any
relative to the
(1906)] conspiracy”, it
Defense of the SECTION 2. PROVOKING WAR AND
presupposes that the
Philippines. DISLOYALTY IN CASE OF WAR
c. Article 116 – Misprision of Treason crime of treason is
not yet consummated
Elements [CCC]: [REYES] e. Article 118 – Inciting to War or
1. Offender is a Citizen of the Philippines As to the Penalty Giving Motives for Reprisals
2. He has knowledge of Conspiracy to commit
Penalty is equivalent Principal offender is Elements [UPE]:
treason against the government
to that of an punished by prision 1. Offender performs Unlawful or unauthorized
3. He Conceals or does not disclose and make
accessory to treason mayor to death and acts
known the same as soon as possible to the
shall pay a fine not to 2. The acts:
governor or fiscal of the province in which
exceed P20,000
he resides, or the mayor or fiscal of the city
pesos
in which he resides

Page 128 of 277 Page 129 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Provoke or give occasion for a war h. Article 121 – Flight to Enemy’s High Seas 2. Whenever the pirates have Abandoned
involving or liable to involve the Country The parts of the seas that are not included in their victims without means of saving
Philippines; or the exclusive economic zone, in the territorial themselves; or
b. Exposure of Filipino citizens to reprisals Elements [WAAP]: seas, or in the internal waters of a state, or in 3. Whenever the crime is accompanied by
on their persons or property 1. There is a War in which the Philippines is the archipelagic waters of an archipelagic Murder, Homicide, Physical injuries or
involved state. [Convention on the Law of the Sea] Rape
f. Article 119 - Violation of Neutrality 2. Offender owes Allegiance to the This is a special complex crime, regardless
government Jurisdiction of the number of victims. [People v. Siyoh,
Elements [WRV] 3. Offender Attempts to flee or go to enemy The jurisdiction of piracy unlike all other crimes G.R. No. L-57292 (1986)]
1. There is War in which the Philippines is not country. has no territorial limits. Pirates are in law
involved 4. Going to the enemy country is Prohibited hostes humani generis. Piracy is a crime not “Pirates”
2. There is a Regulation issued by a by competent authority against any particular State but against all It seems as if “pirates” in paragraph 2 should
competent authority to enforce neutrality mankind. It may be punished in the competent actually be in paragraph 1 because in
3. Offender Violates the regulation NOTES: tribunal of any country where the offender may paragraph 1, the mutineers, being already in
● Aliens may be Guilty - The allegiance be found or into which he may be carried. the vessel, cannot seize the vessel by boarding
g. Article 120 – Correspondence with contemplated in this article is either natural [People v. Lol-lo and Saraw, supra.] or firing upon the same. [REYES]
Hostile Country or temporary allegiance. [REYES]
● Mere Attempt Consummates the felony Mutiny
when prohibited by competent authority Mutiny is usually committed by the other B. CRIMES AGAINST THE
Elements [WC-PCU]:
consummates the felony. [REYES] members of the complement and may be FUNDAMENTAL LAWS OF THE
1. There is War in which the Philippines is not
involved
committed by the passengers of the vessel. STATE [ARTS. 124 - 133]
SECTION 3. PIRACY AND MUTINY ON THE [REYES]
2. Offender makes Correspondence with an
enemy country or territory occupied by HIGH SEAS 1. Chapter I: Arbitrary Detention or
Piracy v. Mutiny [REYES] Expulsion, Violation of Dwelling,
enemy troops
i. Article 122 – Piracy in General and Piracy Mutiny
3. The correspondence is either – Prohibition, Interruption, and
As to the Attacker
a. Prohibited by the government, or Mutiny on the High Seas or in Dissolution of Peaceful Meetings and
b. Carried on in Ciphers or conventional Persons who attack Persons who attack Crimes Against Religious Worship
Philippine Waters
signs; or the vessel or seize the vessel or seize
c. Containing notice or information which its cargo are its cargo are
Elements of Piracy SECTION 1 – ARBITRARY DETENTION OR
might be Useful to the enemy strangers to said members of the
Mode 1: Attacking EXPULSION
vessels crew or passengers
or seizing the Mode 2: Seizing As to necessity of intent to gain
Qualifying Circumstance for (c): vessel the cargo [VNSI] a. Article 124 - Arbitrary Detention
If the offender intended to aid the enemy by Intent to gain is Intent to gain is not
[VCASI]
giving such notice or information, the penalty essential essential. The
1. The Vessel is on the high seas or Arbitrary Detention [Art. 124, RPC]
will be the same as that for treason. offenders may only
Philippine waters Any public officer or employee who without
intend to ignore the
2. Offender may be 2. Offenders are ship’s officers or legal grounds detains a person.
Correspondence a Complement or Neither members
This is communication by means of letters they may be
passenger of the of its complement prompted by a Elements [PWD]:
which pass between those who have friendly or vessel nor passengers of 1. Offender is a Public officer or employee
business relations. desire to commit
the vessel plunder. 2. He Detains a person
● Even if the correspondence contains 3. The Offenders 3. Offenders are 3. Detention is Without a legal ground;
innocent matters, if the correspondence Attacks or Seizes Neither members detention is without legal ground if not made
has been prohibited by the Government, it the vessel of its complement
j. Article 123 – Qualified Piracy under the following circumstances [CIA]:
is punishable. nor passengers of a. Upon the Commission of a crime;
● Prohibition by the Government is not Qualifying Circumstances [B-FA-MHPR]: b. Violent Insanity; or
the vessel
essential in instances (b) and (c). [REYES] 4. There is Intent to gain 1. Whenever the vessel is seized by Boarding c. Any other Ailment requiring compulsory
or Firing upon the same; confinement of the patient in a hospital
[Art. 124, Par. 2, RPC]

Page 130 of 277 Page 131 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Public officer or employee valid warrantless arrests under Sec. 5, complaint/information in courts in cases of a. Service of the notice of the judicial or
The public officers must be vested with Rule 113 [REYES] warrantless arrests, it being a ‘no-office day’ executive order for the release of the
authority to detain or order the detention of [Soria v. Desierto, GR No. 153524 (2005), prisoner or detention prisoner;
persons accused of a crime (i.e. policemen and b. Article 125 - Delay in the Delivery citing Medina v. Orozco, G.R. No. L-26723 b. Performance of such judicial or
other agents of the law, the judges or mayors of Detained Persons to the Proper (1966)] executive order for the release of the
and barangay captains). [Milo v. Salanga, G.R. Judicial Authorities prisoner or detention prisoner; or
No. L-37007, (1987)] Circumstances considered in determining c. Proceedings upon a petition for the
Elements [PDF-12-18-36]: the liability of the offender [MH-OTI] release of such person
Detention 1. Means of communication;
1. Offender is a Public officer or employee
Refers to the actual confinement of a person in 2. Hour of arrest; and Wardens and jailers are the public officers
2. He Detains a person for some legal ground
an enclosure, or in any manner detaining and 3. Other circumstances such as: most likely to violate Article 126 [REYES, Book
(includes valid warrantless arrests)
depriving him of his liberty [People v. Flores, a. Time of surrender; 2, p. 63].
3. He Fails to deliver such person to the proper
G.R. No. 116488, (2001), citing People vs. b. Material possibility for the fiscal to make
judicial authorities within –
Gungon, G.R. No. 119574 (1998)].
a. 12 hours for light penalties
the Investigation file in time the d. Article 127 – Expulsion
necessary information [Sayo v. Chief of
b. 18 hours for correctional penalties
It can refer to both physical and psychological Police, G.R. No. L-2128 (1948)] Elements [P-EC-N]:
c. 36 hours for afflictive or capital penalties
restraint [People v. Fabro, G.R. No. 208441 1. Offender is a Public officer or employee
(1998)]. Waiver of the Provisions of Article 125 2. He either:
Delivery
Before the complaint or information is filed, the a. Expels any person from the Philippines;
It may also mean constructive delivery (e.g.,
Periods of Detention Penalized: person arrested may ask for a preliminary or
by the filing of the correct information with the
investigation in accordance with Rule 112 of ▪ Can be committed only against an
More proper court) or the turning over the person
More the Revised Rules of Criminal Procedure, but alien [AMURAO]
than 15 arrested to the jurisdiction of the court. The
than 3 he must sign a waiver of the provisions of b. Compels a person to change residence
Has not days Exceede purpose is to determine whether the offense is
days but Article 125 of the RPC in the presence of his ▪ Can be committed against either
exceeded but not d6 bailable or not. [Sayo v. Chief of Police, G.R.
not more counsel. [Rule 112, Sec. 7 par.2] aliens or Filipino citizens (Id.)
3 days more months No. L-2128 (1948)]
than 15 3. Offender is Not authorized to do so by law
than 6
days Arbitrary Detention vs. Delay in Delivery
months When a Judge is not Available
Where a judge is not available, the arresting Arbitrary Delay in Delivery of NOTE: Only a court, by final judgment, can
Arresto Prision Prision Reclusion officer is duty bound to release the person Detention (Art. Detained Persons compel a person to legally change his
Mayor in Correcion Mayor temporal detained, if the maximum hours for detention 124) (Art. 125) residence [Villavicencio v. Lukban, (1919)].
its al in its provided under Art. 125 of the RPC have
maximum medium No warrant of No warrant of arrest, SECTION 2 - VIOLATION OF DOMICILE
already expired. [Albior v. Auguis, A.M. P-01-
period to period 1472 (2003)] arrest BUT arrest was made
prision and with legal ground/s. e. Article 128 – Violation of Domicile
correcional maximum Period to Deliver
in its periods. General Rule: Delivery should be made within From the The detention is legal Elements [PN-ESR] :
minimum 12, 24, or 36 hours, depending on the beginning, the in the beginning, BUT 1. Offender is a Public officer or employee
period imposable penalty detention is illegal the illegality of the 2. He is Not authorized by judicial order
detention starts from 3. He performed the following acts:
Exception: For those charged with or is the expiration of any a. Entered the dwelling against the will of
NOTES: of the periods the owner;
suspected of terrorism or conspiracy to commit
1. Minimum period for arbitrary detention specified in Art. 125. b. Searched for papers or other effects
terrorism, applicable period is 3 days (Sec. 19,
– Art 124 does not fix the minimum period therein without the previous consent of
of detention [US v. Braganza, G.R. No. L- R.A. 9372).
such owner; or
3971]. c. Article 126 - Delaying Release c. Refused to leave the premises, after
Computation of periods
2. Arbitrary detention may be committed having surreptitiously entered such
through imprudence [People v. Misa, An election day or special holiday, should not Elements [P-DSPP]:
be included in the computation of the period dwelling and having been required to
G.R. No. 93485, (1994)] 1. Offender is a Public officer or employee
prescribed by law for the filing of leave the same.
3. Usual Cause of Arbitrary Detention – 2. Offender without good reason Delays the:
Arrest without a search warrant, except

Page 132 of 277 Page 133 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualifying circumstances [N-Nr] [Art. 128, 2. Exceeding his authority or by using o Witnesses - must be of sufficient age others, any petition to the authorities for
(2), RPC]: unnecessary severity in executing a search and discretion residing within the same the
1. Nighttime; or warrant legally procured locality [Rule 126, Sec. 8, Rules of Court] ▪ Correction of abuses; or
2. Papers or effects not constituting evidence ▪ Redress of grievances
of a crime are Not returned immediately Elements Rationale: Search in the presence of
after the search witnesses specified by the law is mandatory to Disturbance of a Municipal Council Meeting
Mode 1: Mode 2:
ensure regularity in the execution of the search Interrupting and dissolving the meeting of a
Procuring Search Exceeding
Mode 1 - Entrance to dwelling against the warrant [People v. Gesmundo, G.R. No. 89373 municipal council by a public officer is a crime
Warrant Without Authority or
will of the Owner (1993)] against a legislative body, which is in violation
Just Cause Using
● Dwelling – a building or structure, of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
[PSC] Unnecessary
exclusively used for rest and comfort Crimes under Section Two - Violation of No. 18853 (1922)]
Severity in the
[REYES, Book 1] Domicile, Distinguished
Execution [PSE]
● Against the Will of the Owner - SECTION 4 - CRIMES AGAINST RELIGIOUS
Search
presupposes opposition or prohibition by 1. Offender is a Public officer or employee WORSHIP
Warrants Searching
the owner, whether express or implied, and 2. He procures a 2. He has already Violation of Maliciously Domicile
not merely the absence of consent Search warrant legally procured a i. Article 132 - Interruption of
Domicile Obtained or Without
[REYES, Book 2] Search warrant Religious Worship
(Art. 128) Abuse in its Witnesses
3. There is no just 3. He Exceeds his Service (Art. 130)
Mode 2 - Search without previous consent Cause authority or uses Elements [PRD]:
(Art. 129)
of owner unnecessary 1. Offender is a Public officer or employee
● Search – the examination of a person’s NOTE: There is no severity in NO warrant A warrant is A warrant is 2. Religious ceremonies or manifestations of
body or property or other area that a person just cause when it executing the is present. present, BUT: present, BUT any religion are about to take place or are
would reasonably expect to consider as appears on the face same (1) warrant was there was a going on
private, conducted by a law enforcement of the affidavits filed 3. Offender prevents or disturbs the same
maliciously defect in its
officer for the purpose of finding evidence in support of the obtained; or (2) implementatio
of a crime. application, or Qualifying circumstance:
there was n
● Silence of the Owner during the through other If the crime is committed with violence or
abuse in its
Warrantless Search - may show implied evidence, that the threats.
execution
waiver. [REYES, Book 2] applicant had every
reason to believe SECTION 3 – PROHIBITION, Actual Religious Ceremony Must be
NOTES: that the search Conducted
● Inhabitant is Sufficient – although the warrant sought for INTERRUPTION AND DISSOLUTION OF
There must actually be a religious ceremony
codes speaks of the owner of the premises, was unjustified PEACEFUL MEETINGS
being conducted on that occasion, either by
an inhabitant would be sufficient if he is the [REYES] itself or in conjunction with some other activity
lawful occupant of the dwelling h. Article 131 - Prohibition, of the religious denomination. If the offense
[REGALADO] Interruption and Dissolution of
g. Article 130 - Searching Domicile was committed only in a meeting or rally of a
● Not Authorized by Judicial Order - when
Without Witnesses Peaceful Meetings sect, it would be punishable under Art. 131.
he is not armed with a search warrant duly
[People v. Reyes, G.R. No. 13633 (1955)]
issued by the court [Id]
Elements [PASO]: Elements [OP - PHA]:
1. Offender is a Public officer or employee 1. Offender is a public officer or employee j. Article 133 - Offending the
f. Article 129 - Search Warrants 2. He Performs any of the following acts:
2. He is Armed with search warrant legally Religious Feelings
Maliciously Obtained and Abuse in a. Prohibiting, interrupting, or dissolving,
procured
the Service of those Legally 3. He Searches the domicile, papers or other without legal ground, the holding of a Elements [PD - NO]:
Obtained belongings of any person peaceful meeting 1. Acts complained of were performed
4. The Owner, or any members of his family, b. Hindering any person from: a. In a Place devoted to religious worship,
Two (2) Modes of Commission: or two witnesses residing in the same ▪ Joining any lawful association; or or
1. Procuring a search warrant without just locality are not present ▪ Attending any of its meetings b. During the celebration of any religious
cause; or c. Prohibiting or hindering any person from ceremony
Addressing, either alone or together with

Page 134 of 277 Page 135 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. The acts must be Notoriously Offensive to be conclusively demonstrated that criminal b. Article 134-A - Coup d’État
the feelings of the faithful C. CRIMES AGAINST PUBLIC acts were committed in furtherance of
ORDER [ARTS. 134 - 160] rebellion [People v. Lovedioro, G.R. No. Elements: [MSAS]
“Place devoted to religious worship” is 112235 (1995)] 1. Offender is a person or persons belonging
separated by the word “or” from “During to the Military or police or holding any public
the Celebration” 1. Chapter I: Rebellion, Coup Rebellion v. Treason office or employment;
If the acts were performed in the place of d’etat, Sedition, and Rebellion (Art. 134) Treason (Art. 114) 2. It is committed by means of a Swift attack
worship, it is not necessary that there is a Disloyalty accompanied by violence, intimidation,
religious ceremony going. Similarly, so long as The levying of war was threat, strategy or stealth;
The levying of war
there is a “religious ceremony”, it need not be meant to aid the 3. The attack is directed Against the duly
a. Article 134 - Rebellion or against the
celebrated in a place of worship. [REYES, enemy; or if it would constituted authorities of the Republic of the
Insurrection government during
also constitute
Book 2] peace time for any Philippines, or any military camp or
adherence to the installation, communication networks,
Elements: [PA-PRD] purpose mentioned in
Acts Notoriously Offensive to Feelings enemy, giving him aid public utilities or other facilities needed for
1. There is a Public uprising Art. 134 and comfort
[RWP]: the exercise and continued possession of
2. There must be taking of Arms against the
1. Ridicules or makes light of anything power;
government Mere adherence to the
constituting religious dogma Always involves taking 4. The purpose of the attack is to Seize or
3. The Purpose of the uprising or movement is enemy by giving aid
2. Works or scoffs at anything devoted to up arms against the diminish state power.
to: and comfort is
religious ceremonies government.
a. Remove from the allegiance to the sufficient
3. Plays with or damages or destroys any As to who commits the swift attack:
government or its laws the Philippine
object of veneration of the faithful [People v. The purpose is merely ● It may be committed Singly or Collectively
territory or any part thereof, or any body
Baes, G.R. No. L-46000 (1939)] to substitute the The purpose of levying ● It Requires as a principal offender a
of land, naval, or other armed forces; or
government with the war is to help the member of the AFP, PNP, or a Public
b. Deprive the Chief Executive or
Whether or not an act is offensive to the rebels’ own form of enemy officer with or without civilian support
Congress, wholly or partially, of any of
religious feelings is a question of fact which government
their powers or prerogatives.
must be adjudged only according to the c. Art 135 - Penalty for Rebellion,
feelings of the Catholics and not those of other Rebellion v. Insurrection Insurrection or Coup d’état
The crime of rebellion is consummated
faithful ones. [Id]
At the very moment a group of rebels rise Rebellion (Art. 134) Insurrection (Art. 138)
publicly and take arms against the government Persons liable for rebellion, insurrection or
Interruption of Religious Worship vs. A movement seeking to coup d’état
for the purpose of overthrowing the same by
Offending the Religious Feelings effect some change of 1. The leaders: [PL]
force. [REYES, Book 2]
Interruption of Offending the Object is to completely minor importance or to o Rebellion or Insurrection - any person
Religious Worship Religious Feelings overthrow and prevent the exercise of who Promotes, maintains or heads a
[Art. 132] [Art. 133] Principle of Absorption supplant the existing governmental authority rebellion or insurrection; or
All crimes, whether punishable under special or government with respect to o Coup d’etat - any person who Leads,
As to the offender general law, which are mere components or particular matters or directs or commands others to undertake
ingredients, or committed in furtherance subjects a coup d’état
Public officer or Any person, whether thereof, become absorbed in the crime of 2. The participants: [PGSD]
employee a public officer or rebellion and cannot be isolated and charged Rebellion v. Sedition o Rebellion or Insurrection - any person
private individual as separate crimes themselves. [People v. who Participates or executes the
[REGALADO] Rebellion (Art. 134) Sedition (Art. 139) commands of others;
Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)] There must be taking It is sufficient that the o Coup d’etat:
up of arms against the public uprising be ▪ Any person in the Government
The following does not constitute government. tumultuous. service who participates or executes
Rebellion: directions or commands of others; or
● Mere Silence or Omission [US v. Ravidas,
The purpose is always The purpose may be ▪ Any person not in the government
G.R. No. 1503 (1903)] political. political or social. service who participates, Supports,
● Membership in a rebel organization does finances, abets or aids in undertaking
not automatically qualify as rebellion. It must a coup d’état.

Page 136 of 277 Page 137 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

o Rebellion, Insurrection or Coup d’etat e. Article 137 - Disloyalty of Public The person who There is no need that b. To prevent the national government or
– If under the command of unknown Officers or Employees proposes has decided the offender has any provincial or municipal government
leaders, the following shall be Deemed to commit rebellion. decided to commit or any public officer from Exercising its or
as leaders of the rebel: Those who Elements: [P-CFDA] rebellion. his functions, or prevent the execution of
[DSS]: 1. Offender is a Public officer or employee; an administrative order;
a. Directed the others, As to How Committed c. To Inflict any act of hate or revenge upon
2. Offender Commits any of the following acts:
b. Spoke for others; or a. Failing to resist a rebellion by all the The person who The act of inciting is the person or property of any public
c. Signed receipts and other documents means in their power; proposes the done publicly. officer or employee;
issued in their name, on behalf of the b. Continuing to Discharge the duties of execution of the crime d. To commit, for any political or social end,
rebels. their offices under the control of the uses secret means. any act of hate or Revenge against
rebels private persons or any social classes; or
d. Article 136 - Conspiracy and c. Accepting appointment to office under e. To Despoil for any political or social end,
Proposal to Commit Coup d’état, g. Article 139 – Sedition any person, municipality or province, or
them.
Rebellion or Insurrection The crime presupposes rebellion committed by the national government of all its
Elements: [PFP - PEIRD] property or any part thereof.
other persons. Offender must not be in
1. Offenders rise Publicly and tumultuously;
Punishable Acts: conspiracy with the rebels, otherwise, he is
2. Offenders employ Force, intimidation, or Use of Unlicensed Firearm Absorbed
1. Conspiracy to commit coup d’état, rebellion himself guilty of rebellion. [REYES]
other means outside of legal methods; Under R.A. 8294 (Act Amending PD No. 1866
or insurrection 3. Purpose is to attain any of the following or the Firearms Law), sedition absorbs the use
2. Proposal to commit coup d’état, rebellion or f. Article 138 - Inciting to Rebellion or objects: of unlicensed firearm as an element thereof;
insurrection Insurrection a. To prevent the Promulgation or hence, it is not an aggravating circumstance,
execution of any law or the holding of any and the offender can no longer be prosecuted
Elements Elements: [AIM] popular election; for illegal possession of firearm. [Boado,
Mode 1: Mode 2: 1. Offender does not take Arms or is not in Comprehensive Reviewer in Criminal Law]]
Conspiracy to Proposal to Commit open hostility against the government;
Commit Coup Coup d’etat, 2. He Incites others to the execution of any of
d’etat, Rebellion or Rebellion or the acts of rebellion; Sedition v. Rebellion v. Coup d’ Etat v. Treason
Insurrection Insurrection 3. The inciting is done by Means of speeches,
Sedition Rebellion Coup d’etat Treason
[TD] [SP] proclamations, writings, emblems, banners
or other representations tending to the (Art. 139) (Art. 134) (Art. 134-A) (Art. 114)
1. Two or more 1. A person has As to the Nature of the Crime
persons come to decided to Swiftly same end.
an agreement to attack or to rise Crime against national
swiftly attack or publicly and take NOTE: There is no crime of inciting to treason. Crime against Public Order security and law of the
to rise publicly arms against the [REYES, Book 2] nations
and take arms Government for any As to the Purpose
against the of the purposes of Inciting to Rebellion v. Proposal to Commit
Rebellion Always political; to
Government for rebellion or May be political or overthrow the To seize or diminish
any of the insurrection; Proposal to Commit To aid the Enemy
Inciting to Rebellion social. existing state power
purposes of Rebellion
government-
rebellion or As to the Commission of Rebellion itself
insurrection; As to the Acts Committed
2. They Decide to 2. Such person The offender induces another to commit
There must be There is a swift attack It is the violation by a
commit it. Proposes its rebellion. Rebellion should not be actually It is sufficient that
committed by the persons to whom it is taking accompanied by violence, subject of his
execution to some the public uprising
proposed or who are incited. Otherwise, they up of arms against intimidation, threat, allegiance
other person or is tumultuous.
persons. become principals by inducement in the crime the government. strategy or stealth; to his sovereign.
of rebellion.
As to the Offender
As to Decision to Commit the Rebellion

Page 138 of 277 Page 139 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Offender belongs to the If the words used tend to create a danger of b. Article 144 - Disturbance of
There is no distinction as to who may military or police or holding There is no distinction public uprising, then those words could Proceedings
commit any public office or as to who may commit properly be the subject of a penal clause.
employment [People vs. Perez, G.R. No. L-6025-26] Elements: (CA-DB)
As to Requirement of Public Uprising 1. There is a meeting of Congress or any of its
Crimes where Proposal to Commit is committees or subcommittees,
Requires a public Requires a public No Requirement, may be Punishable [ReCIT] constitutional commissions or committees
and tumultuous uprising, or carried out singly or No Requirement 1. Rebellion or divisions thereof, or of any provincial
uprising multitude of people simultaneously 2. Coup d’ etat board or city or municipal council or board;
3. Insurrection 2. Offender does any of the following Acts:
2. He Incites others to the accomplishment of 4. Treason a. He Disturbs any of such meetings;
h. Art. 140 - Penalty for sedition any of the acts which constitute sedition; b. He Behaves while in the presence of any
3. The inciting is done by Means of speeches, such bodies in such a manner as to
Crimes where Conspiracy is Punishable
proclamations, writings, emblems, interrupt its proceedings or to impair the
Art. 140. Penalty for sedition. The leader of cartoons, banners, or other [TRICS]
respect due it.
a sedition shall suffer the penalty of prision representations tending towards the same 1. Treason
mayor in its minimum period and a fine not end. 2. Rebellion
Preventing a Meeting (Art. 143) vs Art.
exceeding 10,000 pesos. 3. Insurrection Disturbance of Proceeding (Art. 144)
Mode 2. Uttering seditious words or 4. Coup d’etat Acts tending to Disturbance of
Other persons participating therein shall speeches which tend to disturb the public 5. Sedition
suffer the penalty of prision correccional in its prevent the meeting Proceedings
peace; (Art. 143) (Art.144)
maximum period and a fine not exceeding
Crimes where Inciting is Punishable [RIS]
5,000 pesos. (Reinstated by E.O. No. 187). Mode 3. Writing, publishing, or circulating As to Purpose
1. Rebellion
scurrilous libels against the government or 2. Insurrection Disturb the conduct
Prevent the meeting
i. Article 141 - Conspiracy to Commit any of the duly constituted authorities 3. Sedition of a meeting
Sedition thereof, which tend to disturb the public As to the Offender
peace. Can be conducted by any person (no distinction
Elements: [TD] 2. Chapter II: Crimes against made)
1. Two or more persons come to an
agreement and a decision to rise publicly Elements for Modes 2 and 3: [DU - DISL] Popular Representation
SECTION 2. VIOLATION OF
and tumultuously to attain any of the objects 1. Offender does not take any Direct part in
PARLIAMENTARY IMMUNITY
of sedition; the crime of sedition. SECTION 1. Crimes against Legislative
2. They Decide to commit it. 2. He Uttered words or speeches and writing, Bodies and Similar Bodies
publishing or circulating scurrilous libels c. Article 145 - Violation of
that: a. Article 143 - Acts Tending to Parliamentary Immunity
NOTE: There is no proposal to commit
sedition. [REYES, Book 2] a. Tend to Disturb or obstruct any lawful Prevent the Meeting of the
officer in conducting the functions of his Two (2) Modes of Commission:
Assembly and Similar Bodies 1. Using force against a member of Congress
j. Article 142 - Inciting to Sedition office;
b. Tend to Instigate others to cabal and 2. Arrest or Search made while Congress is in
Elements: [MP] session
Mode 1. Inciting others to the meet together for unlawful purposes; 1. There is a projected or actual Meeting of
c. Suggest or incite rebellious
accomplishment of any of the acts which Congress or any of its committees or Mode 1: Using force, intimidation, threats,
constitute sedition by means of speeches, conspiracies or riots; or
subcommittees, constitutional committees or frauds to prevent any member of
d. Lead or tend to stir up the people
proclamations, writings, emblems, etc. or divisions thereof, or of any provincial Congress from attending the meetings of
against the lawful authorities or to
board or city or municipal council or board; Congress or of any of its committees or
disturb the peace of the community, the
2. Offender, who may be any person, Prevents subcommittees, constitutional
Elements: [DIM] safety and order of the government
such meetings by: commissions or committees or divisions
1. Offender does not take Direct part in the a. Force; or thereof, or from expressing his opinion or
Words that tend to create a danger of public
crime of sedition; b. Fraud casting his vote;
uprising

Page 140 of 277 Page 141 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Elements: [UP - AEC] Art. 145, Mode 1, Using force to prevent vs 3. Purpose of the 3. Audience is Incited As to Act Punished
1. Offender Uses force, intimidation, threats Art. 143, Acts tending to prevent meeting is to to the commission
or fraud; commit any of the of the crime of What is punished is the
Acts Tending to What is punished are
2. The Purpose of the offender is to prevent crimes punishable treason, rebellion act of forming or
Violation of Prevent the the meeting and the
under the Code. or insurrection, organizing the
any member of Congress from: Parliamentary Meeting of attendance therein
sedition or direct association
a. Attending the meetings of the Congress Immunity Assembly and assault.
or of any of its committees or [Art. 145 (Mode 1)] Similar Bodies As to Persons Liable
constitutional commissions; [Art. 143] Persons liable for illegal assembly: a. organizers or
b. Expressing his opinion; or
As to Act Punished a. The organizer or leaders of the meeting; or leaders of the a. founders, directors,
c. Casting his vote.
b. Persons merely present at the meeting, who meeting president
Using force, must have a common intent to commit the b. persons present at b. members
NOTE: The offender in mode 1 may be any intimidation, threats, or The prevention of felony of illegal assembly. the meeting
person. frauds to prevent any the projected or
member of Congress actual meeting of If any person present at the meeting carries
Mode 2: Arresting or searching any member from attending the congress, or any of an unlicensed firearm, it will be presumed
4. Chapter IV: Assault upon, and
thereof while Congress is in regular or meetings of Congress its committees or that: Resistance and Disobedience
special session, except in case such or of any of its actual committee, a. The purpose of the meeting is to commit to Persons in Authority and
member has committed a crime punishable committees or etc. acts punishable under the RPC; and
under the Code by a penalty higher than subcommittees, etc. b. He is considered a leader or organizer of the
Their Agents
prision mayor.
meeting.
a. Article 148 - Direct Assaults
Elements: [PACC] 3. Chapter III: Illegal Assemblies
1. Offender is a Public officer of employee;
b. Article 147 - Illegal Associations
and Associations Two (2) Modes of Commission:
2. He Arrests or searches any member of 1. Without public uprising, by employing force
The following are illegal associations [CM]:
Congress; a. Article 146 - Illegal Assemblies or intimidation for the attainment of any of
Associations totally or partially organized for:
3. Congress, at the time of arrest or search, is the purposes enumerated in defining the
1. The purpose of committing any of the
in regular or special session; Two (2) Modes of Commission: crimes of rebellion and sedition
Crimes punishable under the Code;
4. The member arrested or searched has not 2. Without public uprising, by attacking, by
1. Meeting attended by armed persons for the 2. Some purpose contrary to public Morals.
committed a Crime punishable under the purpose of committing any of the crimes employing force or by seriously intimidating
Code by a penalty higher than prision punishable under the Code or by seriously resisting any person in
mayor. 2. Meeting in which the audience is incited to authority or any of his agents, while
Persons liable:
the commission of the crime of treason, Founders, directors and president of the engaged in the performance of official
Parliamentary Immunity rebellion or insurrection, sedition, or direct duties, or on occasion of such performance.
association;
Members of Congress cannot be arrested for assault Mere members of the association.
offenses punishable by a penalty less than Mode 1 vs. Mode 2
prision mayor (6 years and 1 day to 12 years), Mode 1. Mode 2.
while Congress is in session. They can be
Mode 1 vs. Mode 2 Public Morals – matters which affect the
Mode 1: Mode 2: interest of society and public convenience, not For the attainment Acts against
prosecuted after Congress adjourns. [Art. VI, For the purpose of Audience is incited limited to good customs [Black’s Law of any of the any person in
Sec. 11, 1987 Constitution] committing any to the commission of Dictionary] purposes of authority or any of
of the crimes the crime of treason, rebellion and his agents
punishable under rebellion or Illegal Assembly vs. Illegal Association sedition [AAPKN]
the Code. [MAP] insurrection,
Illegal Assembly Illegal Association [EAN]
sedition, or direct
(Art. 146) (Art. 147) 1. Offender 1. Offender makes an
assault [MAI]
As to Requirement of Actual Meeting
Employs force or Attack, employs
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving; intimidation force, makes a
There must be an serious
2. Meeting is 2. Meeting is Actual meeting not
attended by Armed attended by Any
actual meeting or intimidation, or
necessary
persons persons, whether assembly makes a serious
armed or not; resistance

Page 142 of 277 Page 143 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. The Aim of the 2. The person circumstance in Art. 14, no. 3 (rank). There Mode 5: By Inducing disobedience to a Serious Disobedience v. Direct Assault
offender is to assaulted is a must be, however, intent to disregard the summons or refusal to be sworn by any such Serious
attain any of the person in Authority victim’s rank. [BOADO] body or official. Direct Assault
Disobedience
purposes of the or his agent; (Art.151) (Art. 148)
crime of rebellion 3. At the time of the b. Article 149 - Indirect Assaults d. Article 151 - Resistance and
or any of the assault, the person Person in authority or
Disobedience to a Person in
objects of the in authority or his Elements: (FAU) his agent must be
Authority or the Agents of Such Person in authority or engaged in the
crime of sedition agent is engaged in 1. A person in authority or his agent is the Person. his agent must be in performance of official
the actual victim of any of the Forms of direct assault
NOTE: This is Performance of defined in Article 148; actual performance of duties or he is
Mode 1 vs. Mode 2 his duties assaulted by reason of
tantamount to official duties, or 2. A person comes to the Aid of such authority
Mode 1: the past performance
rebellion or sedition, that he is assaulted or his agent; Mode 2:
by reason of the Resistance and of official duties
except that there is 3. Offender makes Use of force or intimidation Simple
past performance upon such person coming to the aid of the Serious
no public uprising. disobedience Committed only by
of official duties authority or his agent. Disobedience Committed in two
[ADS] resisting or seriously
4. Offender Knows [PRI] modes (see Art. 148,
disobeying a person in
that the one he is NOTES: Indirect assault presupposes that 1. A person in a. An Agent of a Mode 2 above)
authority or his agent
assaulting is a direct assault was committed. authority or his person in
person in authority agent is engaged authority is Use of force in
There is force
or his agent in the c. Article 150 - Disobedience to in the engaged in the resistance is not so
employed
exercise of his serious
summons issued by the National Performance of performance of
duties. official duty or official duty or
Assembly, its Committees or
3./5.There is No public uprising gives a lawful gives a lawful e. Article 152 - Persons in authority
Subcommittees, or divisions
order to the order to the and agents of persons in authority
Under Mode 2 offender offender
Acts Punishable: [OSARI]
Classifications of direct assault [SQ]: Mode 1: By refusing, without legal Persons in Authority
2. Offender Resists b. Disobeys such
1. Simple assault. Persons, whether an individual or as a member
excuse, to Obey summons of Congress, its or seriously agent of a person
2. Qualified assault. of some court or government corporation,
special or standing committees and disobeys such in authority
subcommittees, the Constitutional directly vested with jurisdiction, power and
Qualifying Circumstances [WP-LH]: person in
Commissions and its committees, authority to govern and execute the laws.
1. There is a Weapon employed in the attack authority or his
subcommittees or divisions, or by any
2. The offender is a Public officer agent Examples:
commission or committee chairman or member
3. The offender Lays Hands on a public authorized to summon witnesses; 3. The act of the c. Such 1. Barrio captain
authority offender is not disobedience is 2. Barangay Chairman
Mode 2: By refusing to be Sworn or placed Included in the not of a Serious 3. Municipal mayor
“Person-in-Authority” under affirmation while being before such provision of nature. 4. President of sanitary division
Any person directly vested with jurisdiction, legislative or constitutional body or official; Articles 148, 149 5. Provincial fiscal
whether as an individual or as a member of and 150. 6. Teachers and Professors
some court or governmental corporation, Mode 3: By refusing to Answer any legal 7. Those charged with the supervision of
board, or commission, shall be deemed a inquiry or to produce any books, papers, public or duly recognized private schools,
Resistance and Serious Disobedience
person in authority. documents, or records in his possession, when colleges and universities
The accused must have knowledge that the
required by them to do so in the exercise of person giving the order is a peace officer. [US
See: Article 152 for the enumeration of persons their functions; Agent of Person in Authority
v. Bautista, supra.]
in authority and agents of such persons in Person charged with: (1) the maintenance of
authority Mode 4: By Restraining another from attending public order, and (2) the protection and security
as a witness in such legislative or constitutional of life and property.
Public Officer Not in Authority body;
If the public officer is not a person in authority, Examples:
the assault on him is an aggravating 1. Barrio Captain

Page 144 of 277 Page 145 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Barrio Councilman Prohibition of Peaceful Meetings vs. means of publication, as news any False news Note: “Calculated to cause” should be “which
3. Barrio Policeman Tumultuous Disturbance which may endanger the public order, or cause produces” alarm and danger according to the
4. Barangay Leader damage to the interest or credit of the State. correct translation of the RPC. Hence, the
Prohibition, Tumultuous
5. Any person who comes to the aid of a result, and not the intent, that counts. [REYES,
Interruption and Disturbance (Art.
person in authority Mode 2: Encouraging Disobedience to the law Book 2]
Dissolution of 153)
or to the constituted authorities or praising,
Peaceful Meetings
5. Chapter V: Public Disorders justifying or extolling any act punished by law, d. Article 156 - Delivering Prisoners
(Art. 131)
by the same means or by words, utterances or from Jail
Offender is a public Offender is a speeches.
a. Article 153 - Tumults and Other
Disturbances of Public Order officer, who is NOT a private individual Elements: [CR]
participant (Stranger) who is NOT a Mode 3: Maliciously publishing or causing to 1. There is a person Confined in a jail or penal
participant be published any official document or establishment; and
Acts Punishable: [SIODB] resolution without proper authority, or before
Mode 1: Causing any Serious disturbance in a (stranger) 2. Offender Removes therefrom such person
they have been published officially. or helps the escape of such person.
public place, office or establishment. Inciting to Sedition or Rebellion v. Mode 3
of Art. 153 Mode 4: Printing, publishing or distributing (or
Mode 2: Interrupting or disturbing Consent or connivance necessary to hold
Inciting to Sedition causing the same) books, pamphlets, public officer guilty:
performances, functions or gatherings, or periodicals, or leaflets which do not bear the
peaceful meetings, if the act is not included in or Rebellion (Art. Mode 3 (Art. 153) It is necessary that the public officer had
131) real printer’s name, or which are classified as consented to, or connived in, the escape of the
Arts. 131 (prohibition, interruption and anonymous.
dissolution of peaceful meetings) and 132 prisoner under his custody or charge. [Alberto
As to the manner of commission v. Dela Cruz, G.R. No. L-31839 (1980)]
(interruption of religious worship). NOTE: Actual public disorder or actual damage
May be done through Done only through to the credit of the State is not necessary. The Officer must not be the custodian of the
Mode 3: Making any Outcry tending to incite mere possibility of causing such danger or
speech or writing speech (outcry) prisoner
rebellion or sedition in any meeting, damage is sufficient [REYES, Book 2].
association or public place. If the offender is a public officer who had the
As to intent prisoner in his custody or charge, he is liable
c. Article 155 - Alarms and Scandals for infidelity in the custody of a prisoner under
Mode 4: Displaying placards or emblems More of
which provoke a disturbance of public order in Art. 223.
unconscious Punishable Acts: [DIDC]
such place; Done with intent to
outburst which is Mode 1: Discharging any firearm, rocket,
induce the hearers or If three persons are involved, the crimes
not intentionally firecracker, or other explosive within any town
Mode 5: Burying with pomp the body of a readers to commit the committed are as follows:
calculated to or public place, calculated to cause (which
person who has been legally executed. crime of rebellion or 1. Conniving with or Consenting to Evasion
induce others to
sedition produces) alarm or danger; (Art. 223) – committed by a public officer
commit such
Qualifying Circumstance: who is in custody or charge of the prisoner
crimes
If the disturbance or interruption caused is of a
Mode 2: Instigating or taking an active part in 2. Delivering Prisoners from Jail (Art. 156) –
any charivari or other disorderly meeting committed by the stranger who helped in the
tumultuous character. As to the Nature of the Speeches
offensive to another or prejudicial to public escape
● Tumultuous – if caused by more than three Involved
tranquility. 3. Evasion of service of sentence (Art. 157) –
(3) persons who are armed or provided with
means of violence The nature of the speeches in both acts are committed by the prisoner who escaped
Mode 3: Disturbing the public peace while
either rebellious or seditious
wandering about at night or while engaged in
6. Chapter VI: Evasion of
any other nocturnal amusements.
b. Article 154 - Unlawful Use of Means Service of Sentence
of Publication and Unlawful Mode 4: Causing any disturbances or scandal
in public places while intoxicated or otherwise, Evasion of Service of Sentence vs. Evasion
Utterances
provided Art. 153 (tumults and other of Service of Sentence on the Occasion of
disturbances of public order) is not applicable. Calamities vs. Other Cases of Evasion
Punishable Acts: [FDMP]
Mode 1: Publishing or causing to be published, ● Under Art. 153, disturbance must be of a
by means of printing, lithography or any other serious nature.

Page 146 of 277 Page 147 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Evasion of Evasion of service of sentence is a continuing 3. He Evades the service of his sentence by 7. Chapter VII: Commission of
Other offense [Parulan v. Director of Prisons, G.R. leaving the penal institution where he is
Evasion of Service of
Cases of No. L-28519 (1968)]. confined, on the occasion of such disorder Another Crime During Service
Service of Sentence on
Evasion or during the mutiny; of Penalty Imposed for
Sentence the Occasion
(Art. 159) a. Article 157 - Evasion of Service of 4. He Fails to give himself up to the authorities
(Art. 157) of Calamities Another Previous Offense
(Art. 158) Sentence within 48 hours following the issuance of a
proclamation by the Chief Executive a. Article 160 - Commission of
As to the Offender announcing the passing away of such
Elements: [CSE] another crime during service of
Convicted by calamity.
1. Offender is a Convict by final judgment;
final penalty imposed for another
2. He is Serving sentence which consists in
judgment Convicted by the deprivation of liberty; Failure to Return previous offense - Penalty
Convict Leaving the penal establishment is not the
and is final judgment 3. He Evades service of his sentence by
who was basis of criminal liability. What is punished is Elements: [CN]
deprived of and is escaping during the term of his
granted the failure to return within 48 hours after the 1. Offender was already Convicted by final
liberty (need confined in a imprisonment.
conditional passing of the calamity, conflagration or mutiny judgment of one offense;
not be penal
pardon Qualifying circumstances as to penalty had been announced. 2. He committed a New felony before
confined. institution
imposed if such evasion or escape takes beginning to serve such sentence or while
e.g.,
place: [EBPC] Effect of Surrendering within 48 hours serving the same.
destierro)
1. By means of unlawful Entry (this should be Convicts who shall give themselves up to the
As to Circumstances Surrounding the authorities within 48 hours from the issuance of Pardon. Pardon is to be given to a convict who:
by scaling [Reyes]);
Evasion a proclamation, shall be entitled to the 1. Is not a habitual criminal;
2. By Breaking doors, windows, gates, walls,
Escapes roofs or floors; deduction provided for under Art. 98 (one -fifth 2. Is already at the age of seventy (70) years;
during the 3. By using Picklock, false keys, disguise, of the period of his sentence). and
Escapes occasion of Violated the deceit, violence or intimidation; or 3. Has already served out his original
during the disorders, terms of his 4. Through Connivance with other convicts or c. Article 159 - Other Cases of sentence or if he completing it after reaching
term of his conflagrations conditional employees of the penal institution. Evasion of Service of Sentence such age
imprisonmen , pardon
Applicable to Destierro Elements: [CGV] Exception: If by reason of his conduct, he is
t earthquakes,
One who, sentenced to destierro by virtue of 1. Offender was a Convict; deemed not worthy of such clemency
or other
calamities final judgment, and prohibited from entering the 2. He was Granted a conditional pardon by the
City of Manila, enters said city within the period Chief Executive; and Quasi-recidivism
As to the Harm Inflicted A special aggravating circumstance where a
of his sentence, is guilty of evasion of sentence 3. He Violated any of the conditions of such
Does not person, after having been convicted by final
under Article 157. [People v. Abilong, supra] pardon.
infringe on judgment, shall commit a new felony before
the right of Conditional Pardon beginning to serve such sentence, or while
b. Article 158 - Evasion of Service of serving the same. He shall be punished by the
another A contract between the Chief Executive, who
An attempt at least to evade Sentence on the Occasion of maximum period of the penalty prescribed by
person nor grants the pardon, and the convict, who
the penalty inflicted by the
does it
Disorders, Conflagrations, law for the new felony. [People vs. Bernal, G.R.
accepts it. Since it is a contract, the pardoned
courts upon criminals and Earthquakes, or Other Calamities No. 44988 (1936)]
disturb the convict is bound to fulfill its conditions and
thus defeats the purpose of accept all its consequences according to its
public
the law of either reforming or Elements: [CC-DEESM-EF] strict terms. [People v. Pontillas, G.R. No. L- As to the act committed
order;
punishing them for having 1. Offender is a Convict by final judgment, who 45267 (1938)] The first crime for which the offender is serving
merely an
disturbed the public order. is confined in a penal institution; sentence need not be a felony. [People v.
infringemen 2. There is Disorder, resulting from – Peralta, G.R. No. L-19069 (1968)]
t of the Guilty of a Subsequent Offense
a. Conflagration; Offender must be found guilty of subsequent
stipulated b. Earthquake; The word “another” does not mean that the new
offense before he can be prosecuted under
terms c. Explosion; felony be different from the one for which the
Article 159. [Torres v. Gonzales, G.R. No.
d. Similar catastrophe; or 76872 (1987)] offender is serving sentence [People v. Yabut,
Nature of Offenses e. Mutiny in which he has not participated; 58 Phil. 499 (1933)]

Page 148 of 277 Page 149 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Quasi-Recidivism vs. Recidivism vs. Acts Punished [SSS]: 3. In case of uttering such false or “Mutilation” means to take off part of the metal
Reiteracion Forging the: counterfeited coins, he Connived with the either by filling it or substituting it for another
Offense Nature 1. Great Seal of the Government of the counterfeiters or importers. metal of inferior quality. [REYES, Book 2]
Philippines;
The 2 offenses need not be 2. Signature of the President; or Kinds of Coins Covered by the Crime Foreign coins are not covered in this article.
Quasi-
embraced in the same title of 3. Stamp of the President. 1. Silver coins of the Philippines or coin of the [Id.]
Recidivism
the Code Central Bank (CB);
Forgery 2. Coins of minor coinage of the Philippines Elements of Importing or Uttering Mutilated
There was a 2nd conviction for
Falsely making or materially altering, with or CB; or Coins: [IC]
Recidivism an offense embraced in the
intent to defraud, any writing which, if genuine, 4. Coin of the currency of a foreign country 1. Offender Imported or uttered mutilated
same title of the Code
might apparently be of legal efficacy or the [REYES, Book 2] coins; and
Offender has been previously foundation of a legal liability. [Black’s Law 2. In case of uttering, the offender must have
punished of: Dictionary] “To utter” Connived with the mutilator or importer
1. One (1) offense – to which To utter is to pass counterfeited coins. It
the law attaches equal or b. Article 162 – Using Forged includes delivery or the act of giving them PD 247: Prohibiting and Penalizing
greater penalty; or Signature or Counterfeit Seal or away. A counterfeited coin is uttered when it is Defacement, Mutilation, Tearing, Burning or
2. Two (2) offenses – to Stamp paid, when the offender is caught counting the Destruction of Central Bank Notes and
Reiteracion
which the law attaches counterfeited coins preparatory to the act of Coins
lighter penalty delivering them, even though the utterer may It shall be unlawful for any person to willfully
Elements: [SKU]
not obtain the gain he intended [Decisions of deface, mutilate, tear, burn or destroy, in any
1. The Great Seal of the Republic was
Offenses need not be the Supreme Court of Spain] manner whatsoever, currency notes and coins
counterfeited or the signature or stamp of
embraced in the same title of issued by the Central Bank of the Philippines.
the Chief Executive was forged by another
the Code. To import is to bring into port
person;
2. Offender Knew of the counterfeiting or
To import fake coins means to bring them into e. Article 165 – Selling of False or
See: Discussion under Multiple Offenders for forgery; and port. The importation is complete before entry Mutilated Coin, without
detailed discussion 3. He Used the counterfeit seal or forged at the Customs House. [US v. Lyman, 26 Fed. Connivance
signature or stamp. Cas. 1024 (1818)]
D. CRIMES AGAINST PUBLIC Punishable regardless of whether or not it
Acts Punished:
NOTE: Offender under this article should not 1. Possession of coin, counterfeited or
INTEREST [Arts. 161-187] is in official circulation
be the forger. Otherwise, he will be penalized mutilated by another person, with intent to
The reason behind this is not only the harm that
under Article 161. The participation of the utter the same, knowing that it is false or
1. Chapter I: Forgeries offender is in effect that of an accessory. it may cause to the public in case it goes into mutilated; or
circulation again, but also the possibility that 2. Actually uttering such false or mutilated
[REYES, Book 2]
the counterfeiter may later apply his trade to coin, knowing the same to be false or
SECTION 1. FORGING THE SEAL OF THE
Although the general rule is that he should be the making of coins in actual circulation. mutilated.
GOVERNMENT OF THE PHILIPPINE
punished by a penalty of two degrees lower, [People v. Kong Leon, C.A., 48 O.G. 664]
ISLANDS, THE SIGNATURE OR STAMP OF
THE CHIEF EXECUTIVE under Article 162 he is punished by a penalty
only one degree lower. [Id.] d. Article 164 – Mutilation of Coins
1. Acts of Counterfeiting
SECTION 2. COUNTERFEITING COINS Acts Punished [MI]
a. Article 161 – Counterfeiting the 1. Mutilating coins of the legal currency; or
c. Article 163 – Making and Importing 2. Importing or uttering such mutilated coins
Great Seal of the Government of
the Philippine Islands, Forging the and Uttering False Coins Elements of Mutilation: [LG]
Signature or Stamp of the Chief 1. Coin mutilated is of Legal tender; and
Executive Elements: [FMC]
2. Offender Gains from the precious metal
1. There be False or counterfeited coins;
dust abstracted from the coin
2. Offender either Made, imported or uttered
such coins;

Page 150 of 277 Page 151 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 1 vs. Mode 2 Elements: [N-KUPo]

Requirement of Legal Tender
“Forging” – By giving any treasury or bank 1. Any treasury or bank Note or certificate or
Mode 1: Mode 2: Actually
Coins must Must be of Not required note, or any instrument payable to bearer, or to other obligation and security:
Possession with uttering such false
be silver legal tender to be legal order the appearance of a true and genuine a. There is an instrument payable to
intent to utter false or mutilated coin
coins of the tender document. [REYES, Book 2] bearer, to order or other document of
or mutilated coin
Phil. or CB, credit not payable to bearer;
Elements: [PIK] Elements: [UK] or coin of “Falsification” – By erasing, substituting, b. Said instrument is forged or falsified by
1. Possession of 1. Actually Uttering minor counterfeiting or altering by any means, the another person;
counterfeited or such false or coinage or figures, letters, words, or signs contained 2. Offender Knows that any of those
mutilated coin; mutilated coin; currency of a therein. [Id.] instruments is forged or falsified; and
2. With Intent to and foreign 3. He either –
utter; and 2. With Knowledge country When Payable to Bearer: [N.I.L.] a. Uses any of such forged or falsified
3. With Knowledge of such defect/s. 1. When expressed to be so payable instruments; or
of such defect/s. Requirement of Connivance in case of 2. When payable to a person named therein b. Possesses the same, with intent to use
Uttering or bearer
3. When payable to the order of a fictitious or Presumption of Material Author
Constructive Possession There must There must No non-existing person, and such fact was The rule is that if a person had in his
Possession prohibited in this article is not only be be requirement known to the person making it so payable possession a falsified document and he made
actual and physical possession, but also that of connivance connivance of 4. When the name of the payee does not use of it, taking advantage of it and profiting
a constructive one, or the subjection of the with the with the connivance purport to be the name of any person thereby, the presumption is that he is the
thing to one’s control. The possessor should counterfeiter mutilator or in case of 5. When the only or last endorsement is an material author of the falsification. [People v.
not be the counterfeiter, mutilator or importer of s or importer in uttering endorsement in blank. Sendaydiego, G.R. No. L-33254 (1978)]
the coins. [REYES, Book 2] importers case of
uttering g. Article 167 – Counterfeiting, i. Article 169 – How Forgery is
Making and Importing and Uttering vs.
Importing, and Uttering Committed
Mutilating
SECTION 3. FORGING TREASURY OR Instruments Not Payable to Bearer
Making and Mutilating Selling of BANK NOTES, ONLIGATIONS AND Acts punished [GE]
Importing [Art. 164] False or SECURITIES; IMPORTING AND UTTERING Elements: [OFC] 1. By Giving to a treasury or bank note or any
and Uttering Mutilated FALSE OR FORGED NOTES, OBLIGATIONS 1. There is an Instrument payable to Order or instrument payable to bearer or to order
[Art. 163] Coin AND SECURITIES other document of credit not payable to mentioned therein, the appearance of a
[Art. 165] bearer; true and genuine document; or
f. Article 166 – Forging Treasury or 2. Offender either Forged, imported or 2. By Erasing, substituting, counterfeiting, or
Punishable Acts altering by any means the figures, letters,
Bank Notes or Other Documents uttered such instrument; and
Payable to Bearer; Importing and 3. In case of uttering, he Connived with the words, or sign contained therein.
That a false That a coin That coin is
or is mutilated, counterfeited Uttering Such False or Forged forger or importer.
Forgery includes falsification and
counterfeited or that such or mutilated Notes and Documents
When Payable to Order counterfeiting. [REYES, Book 2]
coin is made, mutilated or actually
imported or coin is uttered An instrument is payable to order where it is
Elements: [B-FImU] Possession and Knowledge
uttered imported or drawn payable to the order of a specified
1. There is an instrument payable to Bearer; Possession of genuine treasury notes of the
uttered person or to him or his order. [N.I.L]
and Philippines, any of “the figures, letters, words
2. The offender commits any of the following or signs contained” in which had been erased
As to Foreign Coins 2. Acts of Forgery
acts: and/or altered, with knowledge of such erasure
a. Forged or falsified a treasury or bank and alteration, and with the intent to use such
Counterfeitin Mutilating Counterfeitin
note or a document payable to bearer;
h. Article 168 – Illegal Possession
g of foreign foreign coins g of foreign notes in enticing another to advance funds for
b. Imported such false or forged and Use of False Treasury or Bank
currency is is not currency is the avowed purpose of financing the
obligations or notes; or Notes and Other Instruments of manufacture of counterfeit treasury notes of
punishable punishable punishable
under this c. Uttered such false or forged obligations Credit the Philippines, is punishable under Art. 168 in
article or notes in connivance with the forgers
or importers.

Page 152 of 277 Page 153 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

relation to Art. 166 (1). [Del Rosario v. People, k. Article 171 – Falsification by Public 2. He has the official custody of the Elements: [D-OFW]
G.R. No. L-16806 (1961)] Officer, Employee or Notary or document he falsifies. [Id.] 1. Offender makes in a Document statements
Ecclesiastical Minister in a narration of facts
How Forgery May be Committed Document 2. He has a legal Obligation to disclose truth
Forgery can be committed through the use of A document is any written statement by which of facts
Elements: [PAF - CApAUDMAI]
genuine paper bills that have been withdrawn a right or status is established or an obligation 3. Facts narrated are absolutely False; and
1. Offender is a Public officer, employee, or
from circulation, by giving them the is extinguished. [Id.] 4. Perversion of truth in the narration was
notary public;
appearance of some other true and genuine made with the Wrongful intent of injuring a
2. He takes Advantage of his official position;
document. [People v. Galano, C.A. 54 O.G. Par. 1: Counterfeiting or imitating any third person.
and
5899] handwriting, signature or rubric. [Id.]
3. He Falsifies a document by committing any
Narration of Facts Required
of the following acts:
SECTION 4. FALSIFICATION OF Acts Punished: [CI] There must be narration of facts, not
a. Counterfeiting or imitating any
LEGISLATIVE, PUBLIC, COMMERCIAL, 1. Counterfeiting - imitating any handwriting, conclusion of law. [Beradio v. CA, G.R. Nos. L-
handwriting, signature or rubric;
AND PRIVATE DOCUMENTS AND signature or rubric; or 49483-86 (1981)] The person making the
b. Causing it to Appear that persons have
WIRELESS, TELEGRAPH AND TELEPHONE a. There should be an intent to imitate, or narration of facts must be aware of the falsity
participated in any act or proceeding
MESSAGES an attempt to imitate of the facts narrated by him. [REYES, Book 2]
when they did not in fact so participate;
b. Two signatures, the genuine and the
c. Attributing to persons who have
3. Acts of Falsification forged, should bear some Falsification by Omission
participated in an act or proceeding
resemblance. There can be falsification by omission. An
statements other than those in fact
j. Article 170 – Falsification of made by them;
2. Imitating (Feigning) - simulating a assistant bookkeeper is guilty of falsification by
Legislative Documents signature, handwriting or rubric out of one intentionally not putting a record in his personal
d. Making Untruthful statements in a
which does not actually exist. account of chits and destroying them so he
narration of facts;
Elements: [BAACh] could avoid paying the same. [People v. Dizon,
e. Altering true Dates;
1. There is a Bill, resolution or ordinance Par. 2: Causing it to appear that persons G.R. No. 144026 (2006)]
f. Making any alteration or intercalation in
enacted or approved or pending approval have participated in any act or proceeding
a genuine document which changes its
by either House of the Legislature or any when they did not in fact so participate. [Id.] Par. 5: Altering true dates [Id.]
Meaning;
provincial board or municipal council; g. Issuing in an Authenticated form:
Elements: [AN] Elements: [DA]
2. Offender Alters the same; ● A document purporting to be a
3. He has no proper Authority; and 1. Offender caused it to Appear in a 1. Date must be essential
copy of an original document
4. Alteration has Changed the meaning of the document that a person/s participated in an 2. Alteration of the date must affect the
when no such original exists,
documents. act or proceeding. veracity of the documents or the effects
or
2. Such person/s did Not in fact participate. thereof (such as dates of birth, marriage, or
● Including in such a copy a
Falsification v. Forgery death).
statement contrary to, or
Par. 3: Attributing to persons who have
Forgery [Art. 169] Falsification [Art. different from, that of the
participated in an act or proceeding NOTE: This pertains to alteration of a true date
170] genuine original; and
statements other than those in fact made by (not a non-existent date). An example would be
As used in Article The commission of h. Intercalating any instrument or note
them [Id.] the alteration of dates on official receipts to
169, forgery refers to any of the 8 acts relative to the issuance thereof in a
prevent discovery of malversation. [Typoco Jr
the falsification and mentioned in Article protocol, registry, or official book.
Elements: [PSA] v. People, G.R. Nos. 221857 & 222020 (2017)]
counterfeiting of 171 on legislative 1. Person/s Participated in an act or
treasury or bank (only the act if making Ecclesiastical Minister’s Liability
proceeding Date Must be Essential
notes or any alteration) or public or The ecclesiastical minister is liable with respect
2. Such person/s made Statements in that act Falsification under this paragraph only when
instruments payable official, commercial or to any record or document that its falsification
or proceeding; and the date mentioned in the document is
to bearer or to order private documents or may affect the civil status of persons [REYES,
3. Offender, in making a document, Attributed essential. The alteration of the date or dates in
wireless or telegraph Book 2]].
to such person/s statements other than a document must affect either the veracity of
messages. Offender Takes Advantage of his Official
those they in fact made. the document or the effects thereof. [REYES,
Position When:
Book 2]
1. He has the duty to make or prepare, or
intervene in the preparation of the Par. 4: Making untruthful statements in a
document; or narration of facts [Id.]

Page 154 of 277 Page 155 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Date of Birth, Marriage and Death are Par. 8. Intercalating any instrument or note Mode 2: Falsification of private document document through negligence or imprudence.
Essential relative to the issuance thereof in a by any person [REYES, Book 2]
The dates of birth, marriage and death are protocol, registry or official book.
essential, because without them the Elements: [F-eII-PD] Exceptions: In case of public and
documents "cannot produce any legal effect. Pars. 1 to 5 Pars. 6 to 8 1. Offender committed any of the acts of commercial documents: The existence of a
[id.] Falsification except Article 171(7), that is: wrongful intent to injure a third person is not
May be a genuine There must be a a. Issuing in an authenticated form a necessary when the falsified document is a
Par. 6: Making any alteration or (later falsified) or an genuine document document purporting to be a copy of an public document. [Siquian v. People, supra.]
intercalation in a genuine document which entirely fabricated original document when no such
changes its meaning [Id.] document original exists, or If the document is intended by law to be part of
b. Including in such a copy a statement the public or official record, the falsification,
Elements: [A-GAF] l. Article 172 – Falsification by contrary to, or different from, that of the although it was private at the time of
1. There be an Alteration (change) or Private Individual and Use of genuine original; falsification, is regarded as falsification of a
intercalation (insertion) on a document. 2. Falsification was committed in any Private public or official document [REYES, Book 2]
Falsified Documents
2. It was made on a Genuine document. document;
3. Alteration or intercalation has changed the 3. Falsification causes Damage to a third This statement applies as well to commercial
Types of Documents:
meaning of the document. party or at least the falsification was documents, because as to this kind of
Public Document – a document created,
4. Change made the document speak committed with intent to cause such document, a credit is sought to be protected.
executed or issued by a public official in
something False. damage. [REYES, Book 2]
response to the exigencies of the public
service, or in the execution of which a public
Change or Insertion Must Affect the Mode 3: Use of falsified document Presumption
official intervened. [US v. Asensi, G.R. No.
Integrity of the Document The possessor of a falsified document is
11165 (1916)]
Change or insertion must affect the integrity or Elements in introducing in a judicial presumed to be the author of the falsification.
effects of the document. Furthermore, the proceeding [KFI] [People v. Manansala, G.R. No. L-38948
Official Document – a document which is
alteration should make the document speak 1. Offender Knew that the document was (1933)]
issued by a public official in the exercise of the
something false. Otherwise, it would merely be falsified by another person;
functions of his office. [Id.]
a correction. [REYES, Book 2] 2. The False document is in Articles 171 or Prescription
172 (1 or 2); In the crime of falsification of a public
Commercial Document – any document
Par 7: Issuing in an authenticated form a 3. He Introduced said document in evidence document, the prescriptive period commences
defined and regulated by the Code of
document purporting to be a copy of an in any judicial proceeding. from the time the offended party had
Commerce or any other commercial law. They
original document when no such original are used by merchants or businesspersons to constructive notice of the alleged forgery after
exists, or including in such a copy a promote or facilitate trade or credit Elements in use in any other transaction the document was registered with the Register
statement contrary to, or different from, that transactions. [Malabanan v. Sandiganbayan, [KEUD] of Deeds [People v. Villalon, G.R. No. 43659
of the genuine original [Id.] G.R. Nos. 186329, 186584, 198598 (2017)] 1. Offender Knew that a document was (1990)]
falsified by another person;
Persons Liable 2. False document is Embraced in Articles Falsification by Falsification by
Mode 1: Falsification of public, official or
1. Custodian - Authentication of a document commercial document by a private 171 or 172 (1 or 2); Public Officer, Private Individual
can only be made by the custodian or the individual 3. He Used such document; Employee or Notary and Use of Falsified
one who prepared and retained a copy of 4. The use caused Damage to another or at or Ecclesiastical Documents [Art.
the original. least used with intent to cause damage. Minister [Art. 171] 172]
Elements: [NoFaDo]
a. Purporting to be a copy of the original 1. Offender is a Private individual or Public As to Offender
when no such original exists. officer or employee who did Not take
b. Including in a copy a statement advantage of his official position; Committed by any Committed by any
contrary to, or different from, that of the Wrongful Intent Not Required in Public public officer, private individual, or
2. He committed any act of Falsification (Art.
genuine original. Documents employee, or notary any person who
171);
2. Private Person - a private person who General Rule: Wrongful intent is required in commits such
3. The falsification was committed in a public,
cooperates with a public officer in the falsification of private documents. Falsification punishable acts.
official, or commercial Document or letter
falsification of a public document is guilty of of exchange. through imprudence implies lack of such intent,
As to Acts Committed
the crime and incurs the same liability and thus there is no crime of falsification of a private
penalty. [id.]

Page 156 of 277 Page 157 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Acts involve Acts involve private corporation engaged in the service b. Public officer issues a false certificate Elements: [KO]
falsification of falsification of of sending or receiving wireless, cable or of Merit of service, good conduct or 1. Offender Knowingly and falsely represents
documents by documents by telephone message; similar circumstances; himself;
CAAUDMAI (See: CAAUDMAI (See: 2. He Used such falsified dispatch; and c. Private Person falsifies a certificate 2. As an Officer, agent or representative of
Art. 171 discussion). Art. 171 discussion). 3. The use Resulted in the prejudice of a third falling within the 2 preceding any department or agency of the Philippine
party or at least there was intent to cause subdivisions. government or of any foreign government.
Documents falsified such prejudice. 2. Offender Knows that the certificate was
may pertain to: Any false; The mere act of knowingly and falsely
public or official Employee of a Corporation 3. He Uses the same representing oneself to be an officer is
document, or letter of A private individual cannot be a principal by sufficient. It is not necessary that he perform an
exchange, or direct participation in falsification of telegraphic SECTION 6. MANUFACTURING, act pertaining to a public officer. [REYES, Book
commercial dispatches under Article 173, unless he is an IMPORTING AND POSSESSION OF 2]
documents employee of a corporation engaged in the INSTRUMENTS OR IMPLEMENTS
business of sending or receiving wireless, INTENDED FOR THE COMMISSION OF Mode 2: Usurpation of Official Functions.
telegraph or telephone messages. But a FALSIFICATION (excess of authority)
m. Article 173 – Falsification of
private individual can be held criminally liable
Wireless, Cable, Telegraph and as principal by inducement. [REYES, Book 2] p. Article 176 – Manufacturing and Elements: [PAP-WiL]
Telephone Messages, and Use of 1. Offender Performs any act;
Possession of Instruments or
Said Falsified Messages SECTION 5. FALSIFICATION OF MEDICAL 2. Act pertains to any person in Authority or
Implements for Falsification
CERTIFICATES, CERTIFICATES OF MERIT public officer of the Philippine government
Mode 1: Uttering fictitious wireless, OR SERVICE AND THE LIKE or any foreign government, or any agency
Acts punished: [MII]
telegraph or telephone message thereof;
1. Making or Introducing into the Philippines
n. Article 174 – False Medical any stamps, dies, marks, or other 3. Under Pretense of official position;
Elements: [UO] Certificates, False Certificates of 4. Without being Lawfully entitled to do so.
instruments or implements for
1. Offender is an Officer or employee of the Merits of Service, Etc. counterfeiting or falsification; or
government or an officer or employee of a In usurpation of official functions, it is essential
2. Possession with Intent to use the
private corporation, engaged in the service that the offender should have performed an act
Persons liable [Ph-PO-Pr] instruments or implements for
of sending or receiving wireless, cable or pertaining to a person in authority or public
1. Physician or surgeon - issues a false counterfeiting or falsification made in or
telephone message; and officer, in addition to other requirements.
certificate in connection with the practice introduced into the Philippines by another
2. He Utters fictitious wireless, cable, [REYES, Book 2]
of his profession (it must refer to the illness person.
telegraph or telephone message.
or injury of a person);
Good Faith as Defense
2. Public Officer - issues a false certificate of Constructive Possession
Mode 2: Falsifying wireless, telegraph or In prosecutions for usurpation of official
merit of service, good conduct or similar As in Article 165, the possession contemplated
telephone message functions, good faith is recognized as a
circumstances; or here is constructive possession. The
defense. [Ruzol v. Sandiganbayan, G.R. Nos.
3. Private person - falsifies a certificate implements confiscated need not form a
Elements: [SF] 186739-960] Good faith is a state of mind
falling within the classes mentioned in the complete set. [REYES, Book 2]
1. Offender is an officer or employee of the denoting honesty of intention and freedom from
two preceding subdivisions.
government or an officer or employee of a knowledge of circumstances which ought to put
private corporation, engaged in the Service 2. Chapter II: Other Falsities the holder upon inquiry. [Tiongco v. People
of sending or receiving wireless, cable or o. Article 175 – Using False G.R. Nos. 218709-10]
telephone message; and Certificates SECTION 1. USURPATION OF AUTHORITY,
2. He Falsifies wireless, cable, telegraph or RANK, TITLE, AND IMPROPER USE OF b. Article 178 – Using Fictitious and
telephone message. Elements: [IKU] NAMES, UNIFORMS AND INSIGNIA
1. False certificate was Issued by the
Concealing True Name
Mode 3: Using such falsified message following: a. Article 177 – Usurpation of Mode 1: Using Fictitious Name
Elements: [KUR] a. Physician or surgeon issues a false Authority or Official Functions
1. Offender Knew that wireless, cable, Medical certificate, in connection with
the practice of his profession; Elements: [NaP-CED]
telegraph, or telephone message was Mode 1: Usurpation of Authority (no 1. Offender uses a Name other than his real
falsified by an officer or employee of the connection with the office represented) name;
government or an officer or employee of a

Page 158 of 277 Page 159 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. He uses the fictitious name Publicly; Intent to Deceive Rule: Defendant must be sentenced to at least 2. Making a false affidavit.
3. Purpose of use is to: General Rule: The offender must make use of a correctional penalty or a fine, or must be
a. Conceal a crime; insignia, uniforms or dresses with intent to acquitted. NOTE: The false testimony should not be in a
b. Evade the execution of a judgment; or deceive. judicial proceeding. [Diaz v. People, G.R. No.
c. Cause Damage Hence, when the accused is sentenced by L-65006 (1990)]
Exceptions: Intent is not necessary under: arresto menor, he shall not be liable for false
Damage Must be to Public Interest 1. RA No. 492 – punishes the wearing of testimony [REYES, Book 2]. Perjury
If the purpose is for causing damage, it must be insignia, badge or emblem of rank of the Perjury is a crime other than false testimony
damage to public interest. If it is damage to members of the AFP. [Sec. 2] e. Article 181 – False Testimony under Arts. 180 to 182; it is an offense which
private interest, the crime will be estafa under 2. RA No. 75 – punishes the unauthorized Favorable to the Defendant covers false oaths not taken in the course of
Art 315 2(a). [REYES, Book 2] wearing of any naval, military, police or judicial proceedings. [US v. Estraña, G.R. No.
other official uniform, decoration or regalia Elements: [GFC] 5751 (1910)]
Mode 2: Concealing True Name of a foreign State or one nearly resembling 1. A person Gives false testimony;
the same, with intent to deceive or mislead. 2. In Favor of the defendant; Elements of Perjury: [MaBe-WiRe]
Elements: [CoP] [Sec. 3] 3. In a Criminal case. 1. Offender Makes a statement under oath or
1. Offender Conceals his true name and other 3. EO No. 297 – punishes the illegal executes an affidavit upon a material
personal circumstances; manufacture, sale, distribution and use of Testimony need not be Beneficial to the matter;
2. Purpose is only to conceal his identity. PNP uniforms, insignias and other Defendant 2. Statement or affidavit is made Before a
accoutrements. The testimony need not be beneficial to the competent officer, authorized to receive
Use of Fictitious Name vs. Concealment of defendant. It is not necessary that the and administer oaths;
True Name SECTION 2. FALSE TESTIMONY testimony should directly influence the decision 3. Offender makes a Willful and deliberate
Use of Fictitious Concealing True of acquittal, it is sufficient that it was given with assertion of a falsehood in the statement or
Name Name d. Article 180 – False Testimony the intent to favor the accused. [REYES, Book affidavit;
Against a Defendant 2] 4. The sworn statement or affidavit containing
Element of Publicity Publicity not the falsity is Required by law; made for a
necessary legal purpose.
Purpose is to conceal Merely to conceal
Elements: [P-TKA] f. Article 182 – False Testimony in
1. There is a criminal Proceeding; Civil Cases
a crime, evade identity. 2. Offender Testifies falsely under oath Oath – Any form of attestation by which a
execution of person signifies that he is bound by conscience
against the defendant therein; Elements: [FaC-RK-KMI]
judgment, cause 3. Offender Knows that it is false; to perform an act faithfully and truthfully.
damage) 1. False testimony is given in a Civil case;
4. Defendant against whom the false [REYES, Book 2]
2. Testimony Relates to the issues
testimony is given is either Acquitted or presented in said case;
c. Article 179 – Illegal Use of convicted in a final judgment. Affidavit – sworn statement in writing;
3. Offender Knows that testimony is false;
declaration in writing, made upon oath before
Uniforms and Insignia 4. Testimony is Malicious; and
Liability of Witness an authorized magistrate or officer. [Id]
5. It was given with an Intent to affect the
Elements: [Us-ON-I] Witness who gave the false testimony is liable issues in said case.
even if his testimony was not considered by the No Perjury through Negligence or
1. Offender makes Use of insignia, uniforms
court. [REYES, Book 2] Imprudence
or dress; Suspension of Criminal Action
This is because of the requirement that the
2. The insignia, uniforms or dress pertains to Pending the determination of the falsity of the
Finality of Judgment assertion of a falsehood be made willfully and
an Office Not held by such person or a subject testimonies in the civil case, the
Complainant must wait for the finality of deliberately. Hence, good faith or lack of malice
class of persons of which he is not a criminal action for false testimony must be
judgment in the case where the false testimony is a defense in perjury. [Id]
member; suspended. [REYES, Book 2]
3. Said insignia, uniform or dress is used was given because the penalty for the violation
of Art. 180 depends upon the penalty imposed Subornation of Perjury
publicly and Improperly. g. Article 183 – False Testimony in Subornation of perjury is committed by a
by the court in the case of the defendant,
wherein the false testimony was given.
Other Cases and Perjury in Solemn person who knowingly and willfully procures
NOTE: Wearing the uniform of an imaginary
office is not punishable [REYES, Book 2].
Affirmation another to swear falsely and the witness
suborned does testify under circumstances
Acts Punished [TM] rendering him guilty of perjury as a principal by
1. Falsely Testifying under oath; or

Page 160 of 277 Page 161 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

inducement. [US v. Ballena, 18 Phil. 382 3. Chapter III: Frauds SECTION 2. FRAUDS IN COMMERCE AND which is an integral part of this Act.
(1912)] INDUSTRY [Sec. 3(j), RA 9165]
SECTION 1. MACHINATIONS, 2. Controlled Precursors and Essential
Material vs. Relevant vs. Pertinent [REYES] MONOPOLIES AND COMBINATIONS c. Article 187 – Importation and Chemicals (CP & EC) - Include those
Material Relevant Pertinent Disposition of Falsely Marked listed in Tables I and II of the 1988 UN
a. Article 185 – Machinations in
Articles or Merchandise Made of Convention Against Illicit Traffic in Narcotic
Directed to Tends in any Concerns Public Auctions Drugs and Psychotropic Substances as
prove a fact in reasonable collateral Gold, Silver, or other Precious enumerated in the attached annex, which
issue degree to matters which Crime is Consummated by: [SA] Metals or their Alloys is an integral part of this Act. [Sec. 3(h), RA
establish make more or 1. Mere Solicitation of gift or promise as 9165]
probability or less probable consideration for not bidding, or Elements: [Im-FaK]
improbability the 2. By mere Attempt to cause prospective 1. Offender Imports, sells or disposes of any 3. Drug Syndicate - Any organized group of
of a fact in proposition at bidders to stay away from an auction. of those articles or merchandise (i.e. gold, two (2) or more persons forming or joining
issue issue silver, other precious metals or their together with the intention of committing
NOTE: There is no perjury if the sworn Mode 1: Mode 2: alloys) any offense prescribed under this Act.
statement is not important, essential or Soliciting Gifts or Attempting to cause 2. The stamps, brands, or marks of those [Sec. 3(o), RA 9165]
material. [US v. Jurado, G.R. No. 10719 Promises bidders to stay away articles of merchandise Fail to indicate the
(1915)] by threats, gifts, actual fineness or quality of said metals or 4. Financier - Any person who pays for,
promises or any alloys raises or supplies money for, or
other artifice 3. Offender Knows of such failure to indicate underwrites any of the illegal activities
Perjury Untruthful
the actual fineness or quality of the metals prescribed under this Act. [Sec. 3(q), RA
[Art. 183] Statements in a 1. There is a Public auction
or alloys 9165]
Narration of Facts
2. Offender Solicits 2. Offender Attempts
[Art. 171 par. 4]
any gift or a to cause the Article 187 does not apply to the manufacturer
5. Protector or Coddler - Any person who
Statement is made Statement is made in promise from any bidders to stay of misbranded articles – he would be liable for
knowingly and willfully consents to the
before a competent a document, in a of the bidders away from that estafa under Art. 315(2)(b). [REYES, Book 2]
unlawful acts provided for in this Act and
officer, under oath. narration of facts. public auction
E. CRIMES RELATIVE TO OPIUM uses his/her influence, power or position in
3. Such gift or 3. It is done by AND OTHER PROHIBITED shielding, harboring, screening or
h. Article 184 – Offering False promise is the Threats, gifts, facilitating the escape of any person he/she
Testimony in Evidence Consideration for promises or any
DRUGS [Arts. 190 to 194] knows, or has reasonable grounds to
his refraining from other artifice believe on or suspects, has violated the
COMPREHENSIVE DANGEROUS DRUGS
Elements: [OK-Ma] taking part in that provisions of this Act in order to prevent the
ACT OF 2002 (R.A. 9165, AS AMENDED BY
1. Offender Offers in evidence a false public auction arrest, prosecution and conviction of the
RA 10640)
witness or testimony; 4. Offender has the Intent to cause the violator. [Sec. 3(ee), RA 9165]
2. He Knows that the witness or the reduction of the price of the thing NOTE: R.A. No. 9165, as amended by RA
testimony was false; auctioned. 6. Pusher - Any person who sells, trades,
10640 has repealed Book Two, Title V (Crimes
3. The offer was Made in any judicial or administers, dispenses, delivers or gives
Relative to Opium and Other Prohibited Drugs)
official proceeding. away to another, on any terms whatsoever,
b. Article 186 – Monopolies and of the RPC.
or distributes, dispatches in transit or
Offer of Evidence Combinations in Restraint of Trade transports dangerous drugs or who acts as
Definition of Terms:
Offer of evidence begins at the moment a a broker in any of such transactions, in
NOTE: This article has been repealed by the 1. Dangerous Drugs (DD) - Those listed in
witness is called to the stand and interrogated violation of this Act. [Sec. 3(ff), RA 9165]
Philippine Competition Act, which was signed the schedules annexed to the:
by counsel. The witness must testify. [Rules of
into law on July 21, 2015. a. 1961 Single Convention on Narcotic
Court, Rule 132] ACTS PUNISHABLE UNDER RA 9165:
Drugs, as amended by the 1972
Protocol; and
b. 1971 Single Convention on 1. Sale, Trading, Administration,
Psychotropic Substances as Dispensation, Delivery, Distribution and
enumerated in the attached annex Transportation of Dangerous Drugs

Page 162 of 277 Page 163 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

and/or Controlled Precursors and precursor and essential chemical involved Committed by a person apprehended or
himself/herself unless
Essential Chemicals [Sec. 5, RA 9165] in any offense herein provided be the arrested, who is found to be positive for use of
administered by a duly
licensed practitioner for proximate cause of death of a victim any dangerous drug, after a confirmatory test
Punishable Acts [ST-A-DiDeDi-T]: purposes of medication. thereof [Sec. 5 (5), RA 9165]; [Sec. 15, RA 9165]
Acts Elements/Definition [Sec. 3(a), RA 9165] d. On any person who organizes, manages or
acts as a “Financier” of any of the illegal NOTE: Section 15 shall not be applicable
Sale of DD There must be: activities. [Sec. 5 (6), RA 9165]; where the person tested is also found to have
and/or ● Proof that the in his/her possession such quantity of any
CP/EC [PP] transaction or sale 2. Possession of Dangerous Drugs [Sec. dangerous drug provided for under Section 11
took place; and 11, RA 9165] of this Act (Possession of Dangerous Drugs),
● Presentation in court in which case the provisions stated therein
of the corpus delicti Elements: [PNF] shall apply [id.]
or illicit drug as a. The accused is in Possession of an item or
evidence [People v. Dispensation Any act of giving away, object, which is Identified to be prohibited Confirmatory Test
Turemutsa, G.R. No. selling or distributing or regulated drug An analytical test using a device, tool or
227497, (2019)] medicine or any b. Such possession is Not authorized by law; equipment with a different chemical or physical
dangerous drug with or and principle that is more specific which will
Trading Transactions involving without the use of c. The accused Freely and consciously validate and confirm the result of the screening
the illegal trafficking of prescription. [Sec. 3(m), possessed the drug [People v. Trinidad, test. [Sec. 3 (f), RA 9165]
dangerous drugs and/or RA 9165] G.R. No. 199898, (2014) citing People v.
controlled precursors Quiamanlon, G.R. No. 191198 (2011)] Qualifying Aggravating Circumstances in
and essential chemicals Delivery Any act of knowingly the Commission of a Crime by an Offender
using electronic passing a dangerous Constructive Possession Under the Influence of Dangerous Drugs
devices such as, but not drug to another, Exists when the drug is under the dominion and Notwithstanding the provisions of any law to
limited to, text messages, personally or otherwise, the contrary, a positive finding for the use of
control of the accused or when he has the right
email, mobile or and by any means, with dangerous drugs shall be a qualifying
to exercise dominion and control over the place
landlines, two-way or without consideration. aggravating circumstance in the commission of
where it is found. [id.]
radios, internet, instant [Sec. 3(k), RA 9165] a crime by an offender, and the application of
messengers and chat NOTE: Exclusive possession or control is not the penalty provided for in the Revised Penal
Distribution -
rooms or acting as a necessary. [id.] Code shall be applicable [Sec. 25, RA 9165]
Transportation
broker in any of such
transactions whether for Presumption of Possession OTHER PUNISHABLE ACTS:
money or any other When prohibited and regulated drugs are found 1. Importation of Dangerous Drugs and/or
consideration in violation NOTE: In the Illegal sale of DD and/or CP/EC,
in a house or other building belonging to and Controlled Precursors and Essential
of this Act. [Sec. 3(jj), RA presentation of the buy-bust money is not Chemicals [Sec. 4, RA 9165]
occupied by a particular person, the
9165] indispensable to the prosecution of a drug case
presumption arises that such person is in 2. Maintenance of a Den, Dive or Resort.
[People v. Martin, G.R. No. 193234, (2011)]
possession of such drugs in violation of law, [Sec. 6, RA 9165]
Administrating Any act of introducing and the fact of finding the same is sufficient to
any dangerous drug Maximum Penalty is Imposed [100 - UVF]:
convict [People v. Torres, G.R. No. 170837,
into the body of any a. If the illegal activities transpire within 100
(2006)] Den, Dive or Resort
person, with or without meters from a school [Sec. 5 (3), RA 9165]; A place where any dangerous drug and/or
his/her knowledge, by b. Using minors or mentally incapacitated
Possession is Absorbed in the Sale of DD controlled precursor and essential
injection, inhalation, individuals as runners, couriers and chemical is administered, delivered, stored
Possession of prohibited or dangerous drugs is
ingestion or other means, messengers, or in any other capacity for illegal purposes, distributed, sold or
absorbed in the sale thereof [People v.
or of committing any act directly connected to the dangerous drugs used in any form. [Sec. 3(l), RA 9165]
Posada, G.R. No. 196052, (2015)]
of indispensable and/or controlled precursors and essential
assistance to a person in chemical trade [Sec. 5 (4), RA 9165];
3. Use of Dangerous Drugs [Sec. 15, RA
administering a c. If the Victim of the offense is a minor or a
9165]
dangerous drug to mentally incapacitated individual, or should
a dangerous drug and/or a controlled

Page 164 of 277 Page 165 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Employees and Visitors of a Den, Dive Presence of CP and/or EC as Prima Facie 12. Unnecessary Prescription of Dangerous
or Resort. [Sec. 7, RA 9165] Evidence 7. Possession of Equipment, Instrument, Drugs. [Sec. 18, RA 9165]
The presence of any controlled precursor and Apparatus and Other Paraphernalia for
Acts Punished: [EV] essential chemical or laboratory equipment in Dangerous Drugs. [Sec. 12, RA 9165] The practitioner who unnecessarily prescribed
1. Employment in a den, dive or resort, by an the clandestine laboratory is a prima facie proof the dangerous drugs will have his/her license
employee who is aware of the nature of the of manufacture of any dangerous drug. [Sec. Possession of such Equipment as Prima to practice revoked [id.]
place as such; and 8(3), RA 9165] Facie Evidence of Use
2. Visiting of any person, not being included The possession of such equipment, 13. Unlawful Prescription of Dangerous
in (1), who is aware of the nature of the Aggravating Circumstances [Sec. 8(3), RA instrument, apparatus and other paraphernalia Drugs. [Sec. 19, RA 9165]
place as such and shall knowingly visit the 9165] fit or intended for any of the purposes
same. If the clandestine laboratory is undertaken or 14. enumerated in the preceding paragraph shall “Planting" of any dangerous drug
established under the following circumstances be prima facie evidence that the possessor has and/or controlled precursor and
Employee of a Den, Dive or Resort [M-100-BCE]: smoked, consumed, administered to essential chemical, regardless of
The caretaker, helper, watchman, lookout, and a. Any phase of the manufacturing process himself/herself, injected, ingested or used a quantity and purity [Sec. 29, RA 9165]
other persons working in the den, dive or was conducted in the presence or with the dangerous drug and shall be presumed to have
resort, employed by the maintainer, owner help of Minor/s; violated Section 15 (Use of Dangerous Drugs) “Planting” of Evidence
and/or operator where any dangerous drug b. Any phase or manufacturing process was of this Act. [Sec. 12 (2), RA 9165] The willful act by any person of maliciously and
and/or controlled precursor and essential established or undertaken within one surreptitiously inserting, placing, adding or
chemical is administered, delivered, hundred (100) meters of a residential, 8. Possession of Dangerous Drugs During attaching directly or indirectly, through any
distributed, sold or used, with or without business, church or school premises; Parties, Social Gatherings or Meetings. overt or covert act, whatever quantity of any
compensation, in connection with the operation c. Any clandestine laboratory was secured or [Sec. 13, RA 9165] dangerous drug and/or controlled precursor
thereof [Sec. 3(p), RA 9165] protected with Booby traps; and essential chemical in the person, house,
d. Any Clandestine laboratory was concealed Any person found possessing any dangerous effects or in the immediate vicinity of an
4. Manufacturing Dangerous Drugs and/or with legitimate business operations; or drug during a party, or at a social gathering or innocent individual for the purpose of
Controlled Precursors and Essential e. Any Employment of a practitioner, chemical meeting, or in the proximate company of at implicating, incriminating or imputing the
Chemicals. [Sec. 8, RA 9165] engineer, public official or foreigner. least two (2) persons, shall suffer the maximum commission of any violation of this Act. [Sec. 3
penalties provided for in Section 11 of this Act (cc), RA 9165]
Manufacturing 5. Illegal Chemical Diversion of Controlled (Possession of Dangerous Drugs), regardless
The production, preparation, compounding or Precursors and Essential Chemicals. of the quantity and purity of such dangerous Immunity from Prosecution [Sec. 33]
processing of any DD and/or CP and EC, either [Sec. 9, RA 9165] drugs [id.] Any person shall be exempted from
directly or indirectly or by extraction from prosecution or punishment for the offense with
substances of natural origin, or independently Chemical Diversion 9. Possession of Equipment, Instrument, reference to which his/her information of
by means of chemical synthesis or by a The sale, distribution, supply or transport of Apparatus and Other Paraphernalia for testimony were given, and may plead or prove
combination of extraction and chemical legitimately imported, in-transit, manufactured Dangerous Drugs During Parties, Social the giving of such information and testimony in
synthesis, and shall include any packaging or or procured controlled precursors and essential Gatherings or Meetings or in the bar of such prosecution, when the person:
repackaging of such substances, design or chemicals, in diluted, mixtures or in proximate company of at Least 2 People [VIT]
configuration of its form, or labeling or concentrated form, to any person or entity [Sec. 14, RA 9165] 1. Violated Sections 7, 11, 12, 14, 15, and 19,
relabeling of its container [Sec 3(u), RA 9165] engaged in the manufacture of any dangerous Article II of this Act:
drug, and shall include packaging, 10. Cultivation or Culture of Plants 2. Voluntarily gives Information about;
Exception: Does not include the preparation, repackaging, labeling, relabeling or Classified as Dangerous Drugs or are a. Any violation of Sections 4, 5, 6, 8, 10,
compounding, packaging or labeling of a drug concealment of such transaction through fraud, Sources Thereof. [Sec. 16, RA 9165] 13, and 16, Article II of this Act as well
or other substances by a duly authorized destruction of documents, fraudulent use of as any violation of the offenses
practitioner as an incident to his/her permits, misdeclaration, use of front 11. Failure in Maintaining and Keeping of mentioned if committed by a drug
administration or dispensation of such drug in companies or mail fraud. [Sec. 3(d), RA 9165] Original Records of Transactions on syndicate, or
the course of his/her professional practice Dangerous Drugs and/or Controlled b. Any information leading to the
including research, teaching and chemical 6. Manufacturing or Delivering of Precursors and Essential Chemicals in whereabouts, identities and arrest of all
analysis of dangerous drugs or such Equipment, Instrument, Apparatus, and Accordance with Sec. 40 of RA 9165 or any of the members thereof;
substances that are not intended for sale or for Other Paraphernalia for Dangerous [Sec. 17, RA 9165] 3. Who willingly Testifies against such
any other purpose. [id.] Drugs and/or Controlled Precursors and persons;
Essential Chemicals. [Sec. 10, RA 9165]

Page 166 of 277 Page 167 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Conditions which must concur in order for 2. In case an informant or witness under this media who shall be required to 7. Sworn Certification shall be issued by the
the person to enjoy Immunity from Act fails or refuses to testify without just sign the copies of the inventory Dangerous Drugs Board, as to the fact of
Prosecution: cause, and when lawfully obliged to do so, and be given a copy thereof. destruction or burning of the items. A
[NN-CMC] or should he/she violate any condition representative sample, however, shall be
1. The information and testimony are accompanying such immunity as provided Place of Conducting Inventory and submitted to the court having jurisdiction
Necessary for the conviction of the persons above. Photograph over the case.
described above; a. Place where the search warrant is
2. Such information and testimony are Not yet NOTE: In case the informant or witness served; or 8. After the Promulgation and judgment in the
in the possession of the State; referred to under this Act falls under the b. Nearest police station; or criminal case, the representative sample,
3. Such information and testimony can be applicability of this Section hereof, such c. Nearest office of the apprehending with leave of court and after informing the
Corroborated on its material points; individual cannot avail of the provisions under officer/team, whichever is practicable, board of the termination of the case, the
4. the informant or witness has not been Article VIII of this Act (Program for Treatment in case of warrantless seizures. prosecutor shall request the turn over of
previously convicted of a crime involving and Rehabilitation of Drug Dependents). [Sec. the representative sample to the PDEA for
Moral turpitude, except when there is no 34(3), RA 9165] 2. Submit items confiscated within 24 hours to proper disposition and destruction within
other direct evidence available for the State the PDEA Forensic Laboratory for a 24 hours from receipt.
other than the information and testimony of CHAIN OF CUSTODY RULE [SEC. 21, R.A. qualitative or quantitative examination;
said informant or witness; and 9165, AS AMENDED BY RA 10640] LAPSES IN PROCEDURE
5. The informant or witness shall strictly and 3. Certification of the forensic laboratory Minor Lapses
faithfully Comply without delay, any Chain of Custody examination results, shall be issued Failure of the apprehending team to strictly
condition or undertaking, reduced into The duly recorded authorized movements and immediately upon the receipt of the subject comply with the procedure laid out in Section
writing, lawfully imposed by the State as custody of seized drugs or controlled item/s. 21 of RA 9165 and its IRR does not ipso facto
further consideration for the grant of chemicals or plant sources of dangerous drugs render the seizure and custody over the items
immunity from prosecution and or laboratory equipment of each stage, from Partial Laboratory Examination Report – as void and invalid. [People v. Lim, G.R. No.
punishment. [Sec. 33(1-5), RA 9165] the time of seizure/confiscation, to receipt in allowed to be issued provisionally when the 223556, (2017)]
the forensic laboratory, to safekeeping, to volume of the items do not allow the
NOTE: The above provision operates in spite presentation in court for destruction. completion of testing within the time frame, Two Conditions that Must be Complied with
of the provisions of Section 17, Rule 119 of the [Dangerous Drugs Board Resolution No. 1, stating the quantities of dangerous drugs To Justify a Minor Procedural Lapse
Revised Rules of Criminal Procedure and the Series of 2002, Implementing RA 9165, Sec. still to be examined by the forensic The prosecution must satisfactorily prove that:
provisions of Republic Act No. 6981 or the 1(b)] laboratory: Provided, a final certification 1. There is Justifiable ground for non-
Witness Protection, Security and Benefit Act of shall be issued immediately upon compliance; and
1991 [Sec. 33, RA 9165] Procedure [Sec. 21, 9165, as amended by RA completion of the said examination and 2. The integrity and evidentiary value of the
10640] certification; seized items are properly Preserved. [id.]
Immunity may be Enjoyed by a Witness PDEA shall take charge and have custody of
Who Does Not Appear to be the Most Guilty all dangerous drugs, plant sources of DDs, 4. Filing of a criminal case in court; Unjustified Failure to Comply Results to the
Immunity may be enjoyed by an informant or CPs and ECs, as well as Acquittal of the Accused
witness who does not appear to be most guilty instruments/paraphernalia and/or laboratory 5. After the filing, the Court shall, within 72 Unjustified failure of the authorities to comply
for the offense with reference to which his/her equipment confiscated, seized and/or hours, conduct an ocular Inspection of the with Sec. 21 raises reasonable doubt on the
information or testimony were given. surrendered, for proper disposition in the ff confiscated, seized and/or surrendered authenticity of the corpus delicti. [People v. Ga-
manner: [PP-SCFI-BCP] items; a, G.R. No. 222559, (2018)]
Provided, there is no direct evidence available
for the State except for the information and 1. Apprehending team having initial custody 6. PDEA, within 24 hours, shall thereafter Rationale: suffices to rebut the presumption of
testimony of the said informant or witness. [id.] shall conduct a physical Inventory of the proceed with the destruction or burning of regularity in the performance of official duties,
Termination of the Grant of Immunity seized items and Photograph the same in: the items, in the presence of the following: acquitting the accused from liability. [id.]
The immunity granted to the informant or a. The presence of the accused or the a. Accused or representative or counsel;
witness shall not attach: [Sec. 34, RA 9165] person/s from whom such items were and PLEA BARGAINING
1. Should it turn out subsequently that the confiscated and/or seized; or b. Representative from: Section 23 of Republic Act No. 9165 is
information and/or testimony is false or b. His/her representative or counsel, with: i. Media; declared unconstitutional for being contrary to
made only for the purpose of harassing or i. An elected public official; and ii. DOJ, the rule-making authority of the Supreme Court
in any way prejudicing the persons ii. Representative of the National iii. Civil society groups; and [Estipona v. Lobrigo, G.R. No. 226679, (2017)]
described in the preceding Section. Prosecution Service or the iv. Any elected public official.

Page 168 of 277 Page 169 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

NOTE: The SC, in the exercise of its rule- d. Black jack, lucky nine, poker and its Maintainer, Manager or Operator Informer’s Reward
making power, has issued OCA Circular 90- derivatives, monte, baccarat, cuajao, Any person who maintains, manages or Any person who shall disclose information that
2018 (May 4, 2018) to enjoin the courts to pangguingue and other card games; operates any illegal number game in a will lead to the arrest and final conviction of the
comply with AM No. 18-03-16 (Adoption of the e. Paik que, high and low, mahjong, specific area from whom the coordinator, malefactor shall be rewarded 20% of the cash
Plea Bargaining Framework in Drugs Cases). domino and other games using plastic controller or supervisor, and collector or money or articles of value confiscated or
tiles and the likes; agent take orders. [Sec. 2(i), RA 9287] forfeited. [Sec. 3, PD 1602]
F. CRIMES AGAINST f. Slot machines, roulette, pinball and
other mechanical contraptions and Conductor Lottery
PUBLIC MORALS devices; A person who sets up and furnishes the It is a scheme for the distribution of prizes by
g. Dog racing, boat racing, car racing and means with which to carry on the gambling chance among persons who have paid, or
1. Chapter I: Gambling and other forms of races; game or scheme. [REYES, Book 2] agreed to pay, a valuable consideration for the
Betting h. Basketball, boxing, volleyball, bowling, chance to obtain a prize [U.S. v. Filart, G.R. No.
pingpong and other forms of individual Qualifying Circumstance: If the maintainer, 10263, (1915)]
or team contests to include game conductor or banker of said gambling
a. ANTI-GAMBLING LAW (PD. 1602 fixing, point shaving and other Elements: [CCP]
schemes is a government official, or where
as amended by RA 9287 [ANTI- machinations; such government official is the player, 1. Consideration;
ILLEGAL NUMBERS GAMES i. Banking or percentage game, or any promoter, referee, umpire, judge or coach, 2. Chance; and
LAW]) other game scheme, whether upon the official shall be temporarily absolutely 3. Prize or some advantage or inequality in
chance or skill, wherein wagers disqualified and higher penalty will be amount or values which is in the nature of
NOTE: Articles 195-199 of the RPC, R.A. 3063 consisting of money, articles of value or imposed [Sec. 1(c), PD 1602] a prize [Uy v. Palomar, G.R. No. L-23248,
(Horse racing Bookies), P.D. 449 representative of value are at stake or (1969)]
(Cockfighting), P.D. 483 (Game Fixing), P.D. made; 5. Failing to abate illegal gambling or take
510 (Slot Machines) in relation to Opinion Nos. action in connection therewith by a No Lottery when there is Full Value of
33 and 97 of the Ministry of Justice, P.D. 1306 2. Knowingly Permitting any form of gambling Barangay official who has knowledge of Money
(Jai-Alai Bookies) and other City and Municipal referred to in the preceding subparagraph the existence of a gambling house or place There is no lottery when there is full value for
Ordinances or gambling which are inconsistent to be carried on in an inhabited or in his jurisdiction. money and the prize is merely incidental, this
with this decree are hereby repealed [Sec. 3, uninhabited place or in any building, vessel is because the player obtains full value of his
PD 1602] or other means of transportation owned or 6. Any Security officer, security guard, money.
controlled by him. watchman, private or house detective of
Gambling hotels, villages, buildings, enclosures and b. INCREASING THE PENALTY FOR
Gambling is any game or scheme, whether Qualifying Circumstance: If the place the like which have the reputation of a ILLEGAL NUMBERS GAMES (PD
upon chance or skill, wherein wagers where the illegal gambling is carried on has gambling place or where gambling 9287)
consisting of money, articles or value or a reputation of a gambling place or that activities are being held.
representative of value are at stake or made prohibited gambling is frequently carried on
Illegal Numbers Game
[REYES, Book 2] therein, or the place is a public or Spectators are Not Liable in Gambling
Any form of illegal gambling activity which uses
government building or barangay hall, a A mere bystander or spectator in a gambling numbers or combinations thereof as factors in
ACTS PUNISHED: [TaP-PoM-BaS] higher penalty will be imposed [Sec. game is not criminally liable because he does giving out jackpots. [Sec. 2(a), RA 9287]
Note: Article 195, which enumerates the acts 1(a)(1), PD 1602] not take part therein. [U.S. vs. Palma, G.R. No.
punishable, has been wholly repealed by Sec. 2188, (1905) Persons Liable [Sec. 3, RA 9287]:
1, PD 1602. 3. Possessing any lottery list, paper or other
The law punishes any person who participates
matter containing letters, figures, signs or Playing for Money is Not an Essential in any illegal numbers game who: [BS-VCC-
1. Taking part, directly or indirectly, in any symbols pertaining to or in any manner Element MFC]
illegal or unauthorized activities or games used in the mentioned games of lotteries When the law names the games, punishing any 1. Acts as a Bettor;
of: and numbers which have taken place or person who take part therein, its purpose is to 2. Acts as a Personnel or Staff of an illegal
a. Cockfighting, jueteng, jai alai or horse about to take place, knowingly and without prohibit absolutely those games regardless numbers game operation;
racing to include bookie operations and lawful purpose in any hour of any day. whether or not money is involved [REYES,
3. Allows his Vehicle, house, building or land
game fixing, numbers, bingo and other Book 2]
to be used in the operation of the illegal
forms of lotteries; 4. Maintaining or conducting above gambling
numbers games;
b. Cara y cruz, pompiang and the like; schemes.
4. Acts as a Collector or agent;
c. 7-11 and any game using dice;

Page 170 of 277 Page 171 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

5. Acts as a Coordinator, controller or d. Article 197 – Betting in Sports Offenders Punished [Sec. 3, PD 483]: [OOG] Days When Horse Racing is Allowed vs.
supervisor; Contests (Repealed by PD 483) 1. An Official, such as promoter, referee, Days when Horse Racing is NOT Allowed
6. Acts as a Maintainer, manager or operator; umpire, judge, or coach in the game, race [RA 309 Sec. 4, as amended by Sec. 1, RA.
7. Acts as a Financier or capitalist; and or sports contests, or the manager or 983]
8. Acts as protector or Coddler.
PENALIZING BETTING, GAME sponsor of any participating team,
FIXING OR POINT-SHAVING Days When Horse Days When Horse
individual or player therein, or participants
AND MACHINATIONS IN Racing is Permitted Racing is Not
or players in such games, races or other
[SSH - IRVTF] Permitted
Possession of Gambling Paraphernalia as SPORT CONTESTS (PD 483) sports contests;
[JD-VTF]
Prima Facie evidence 2. Any other Offender;
Possession of any gambling paraphernalia and Prohibited Acts 3. An official or employee of any Government
other materials used in the illegal numbers Game-fixing, point-shaving, machination, as office or agency concerned with the 1. Sundays not 1. July 4th of each
game operation shall be deemed prima facie defined in the preceding section, in connection enforcement or administration of laws and reserved by the year [RA 137]
evidence of any offense covered by this Act. with the games of basketball, volleyball, regulations on sports. Commission; 2. December 30
[id.] softball, baseball; chess, boxing bouts, "jai- 2. 24 Saturdays as of each year
alai", "sipa", "pelota" and all other sports e. Article 198 – Illegal Betting On determined by the [RA 229]
Commission; and 3. Any registration
c. Article 196 – Importation, Sale and contests, games or races; as well as betting Horse Races [Repealed by Act.
therein except as may be authorized by law 3. Legal Holidays, or Voting day
Possession of Lottery Tickets and 309, as amended by RA 983] except: [RA 180]
[Sec. 2, PD 483]
Advertisements a. Independence 4. Holy Thursday
Acts Punished: [BM] Day; and Good
Betting
Acts Punished: [IPSS] 1. Betting on horse races during the periods b. Rizal Day; Friday
Betting money or any object or article of value
1. Importing into the Philippines from any not allowed by law; and c. Registration or
or representative of value upon the result of
foreign place or port any lottery ticket or 2. Maintaining or employing a totalizer or Voting day;
any game, races and other sports contest.
advertisement; other device or profit therefrom, during d. Holy Thursday;
[Sec. 1(a), PD 483]
2. Possessing, knowingly and with intent to periods not allowed by law. and
use, lottery tickets or advertisements; e. Good Friday
Game-fixing
3. Selling or distributing the same in Games and Amusements Board
Any arrangement, combination, scheme or
connivance with the importer; and The supervision and regulation of horse-races
agreement by which the result of any game, Race held the Same Day is a Separate
4. Selling or distributing the same without in the Philippines shall be vested in a
races or sports contests shall be predicted Offense
connivance with the importer [REYES, Commission on Races (now called the Games
and/or known other than on the basis of the Any race held in the same day at the same
Book 2] and Amusements Board) [RA 309, as
honest playing skill or ability of the players or place shall be held punishable as a separate
amended by RA 983]
participants. [Sec. 1(b), PD 483] offense [Art. 198(2), RPC]
Presumption of Intent
The possession of any lottery ticket or Totalizer
Point-shaving f. Article 199 – Illegal Cockfighting
advertisement is prima facie evidence of an A Machine for registering and indicating the
Any such arrangement, combination, scheme
intent to sell, ditribute or use the same [Art. 196 number and nature of bets made on horse [amended by PD 449]
or agreement by which the skill or ability of any
(3), RPC] races. [id.]
player or participant in a game, races or sports
Cockfighting
contests to make points or scores shall be
Lottery Tickets Need Not be Genuine Shall embrace and mean the commonly known
limited deliberately in order to influence the
It is not necessary that the lottery tickets be game or term "cockfighting derby, pintakasi or
result thereof in favor of one or other team,
genuine, as it is enough that they be given the tupada", or its equivalent terms in different
player or participant therein. [Sec. 1(c), PD
appearance of lottery tickets [U.S. vs. Reyes, Philippine localities. [Sec. 4(a), PD 449]
483]
G.R. 7260, (1912)]
Persons Liable [Art. 199, as amended by PD
Game-machinations
449]: [DOrC-FA]
Any other fraudulent, deceitful, unfair or
1. Any person who directly or indirectly
dishonest means, method, manner or practice
participates in cockfights, by betting money
employed for the purpose of influencing the
or other valuable things on a Day other
result of any game, races or sport contest.
than those permitted by law;
[Sec. 1(d), PD 483]

Page 172 of 277 Page 173 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Any person who directly or indirectly, 3. The highly scandalous conduct is Not present, this does not constitute the degree of
Organizes cockfights at which bets are expressly falling within any other Art. of the publicity which is an essential element of the Definition of Terms:
made, on a day other than those permitted RPC; and crime [U.S. v. Catajay, G.R. No. 2785, (1906)] 1. Moral - Implies conformity with the
by law; 4. The act/s complained of be committed in a generally accepted standards of goodness
3. Any person who directly or indirectly Public place or within the Public knowledge b. Article 201 – Immoral Doctrines, or rightness in conduct or character,
participates in cockfights, at a place other or view [U.S. v. Samaniego, G.R. No. 5115, Obscene Publications and sometimes, specifically to sexual conduct
than a licensed Cockpit. (1909)] Exhibitions and Indecent Shows [Id.]
4. When the offender is the Financer, owner, 2. Indecency - An act against the good
manger or operator of cockpit, or the gaffer, Grave Scandal
(as amended by PD 960 and 969) behavior and a just delicacy [id.]
referee or bet taker in cockfights; or Consists of acts which are offensive to decency 3. Obscenity - Something offensive to
Persons Liable: [PA-ExGSRDC-S]
5. Allowing, promoting or participating in any and good customs which, having been chastity, decency or delicacy [U.S. v.
1. Those who shall Publicly expound or
other kind of gambling in the premises of committed publicly, have given rise to public Kottinger, G.R. No. L-20569, (1923)]
proclaim doctrines openly contrary to
cockfights during cockfights. scandal to persons who have accidentally
public morals;
witnessed the same. [REYES, Book 2] Publicity is Essential to be Liable
Days Cockfighting is allowed [Sec. 5(d), PD Mere possession of obscene materials, without
2. Authors of obscene literature, published
449]: Decency intention to sell, exhibit, or give them away, is
with their knowledge in any form; the
1. Sundays; Propriety of conduct, proper observance of the not punishable since the purpose of the law is
editors publishing such literature; and the
2. Legal Holidays, EXCEPT: requirement of modesty, good taste, etc. [id.] to prohibit the dissemination of obscene
owners/operators of the establishment
a. Rizal Day; materials to the public. [Fernando v. CA, G.R.
selling the same;
b. Independence Day; Customs No. 159751, (2006)]
c. National Heroes Day; Established usage and social conventions
NOTE: Author is liable only when it is
d. Holy Thursday; carried on by tradition and enforced by social Mere Nudity in Pictures or Paintings is Not
published with his knowledge [REYES,
e. Good Friday; disapproval of any violation thereof [id.] Obscenity
Book 2]
f. Election or Referendum Day; and The proper test is whether the motive of the
g. During the Registration Days for Act/s Must be Performed In: picture, as indicated by it is pure or impure
1. Public place; or 3. Those who, in theaters, fairs,
Election or Referendum; [People vs. Serrano, CA-G.R. No. 5566-R,
2. Private place within public knowledge or cinematographs or any other place,
3. During local fiestas for not more than 3 (1950)]
view [U.S. v. Samaniego, G.R. No. 5115, Exhibit, indecent or immoral plays, scenes,
days; and
acts or shows, whether live or in film, which
4. During provincial, city or municipal, (1909)] c. Article 202 – Vagrants and
agricultural, commercial or industrial fair, are prescribed by virtue hereof, and shall
include those which: Prostitutes (as amended by RA
carnival or exposition for a similar period of Public Place vs. Private Place [REYES, Book 10158)
a. Glorify criminals or condone crimes;
3 days 2]
b. Serve no other purpose but to satisfy
Public Place Private Place the market for violence, lust or Vagrancy [REYES, Book 2]
Spectators in a Cockfight Are Not Liable The loitering around of a person in public or
pornography;
The decree [PD 449] does not punish a person Public View Requirement private places, without apparent means of
c. Offend any race or Religion;
attending as a spectator in a cockfight. subsistence, who has the physical ability to
[REYES, Book 2] d. Tend to abet traffic in and use of
Public view is not Public view or public work and who neglects to apply himself or
prohibited Drugs; and
required knowledge is herself to some lawful calling. They may be:
e. Contrary to law, public order, morals,
2. Chapter II: Offenses Against required. 1. An Idle or dissolute person who lodges in
and good customs, established
Decency and Good Customs Degree of Publicity policies, lawful orders, decrees and houses of ill-fame
edicts 2. Ruffian or pimp; or
a. Article 200 – Grave Scandal Criminal Liability Degree of publicity is 4. Those who shall Sell, give away or exhibit 3. One who habitually associates with
arises irrespective of an essential element films, prints, engravings, sculpture or prostitutes.
Elements: [PSNP] whether the immoral of the crime. literature which are offensive to morals.
act is open to the NOTE: RA 10158 has decriminalized
1. The offender Performs an act/acts;
2. Such act/s are highly Scandalous as public’s view. Distribution is the Act Punished Vagrancy, thus Art. 202 now penalizes
offending against decency or good Hence, the isolated, casual or occasional act of prostitution only and all pending cases that that
giving such kind of literature to a single were or are under the provisions of Article 202
customs; NOTE: When the act is committed at night, in
recipient is not punishable. [REYES, Book 2] of the RPC on Vagrancy prior to its amendment
a private house, and only one person was

Page 174 of 277 Page 175 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

by this RA 10158 shall be dismissed upon instead uses 3. His authority to take part in the 2. Chapter II: Malfeasance and
effectivity of the Act. [Sec. 2, RA 10158] begging as a means performance of public functions or to
perform public duties must be: Misfeasance in Office
of living.
Mendicancy Law [PD 1563] a. By direct provision of the Law;
Mendicant b. By popular Election; or Malfeasance (Direct Bribery and Indirect
Refers to any person, except those c. By Appointment by competent Bribery) The performance of an act which
enumerated in Section 4 of PD 1563 who has authority ought not to be done [REYES, Book 2]
no visible and legal means of support, or lawful
employment and who is physically able to work “Public Officers” Includes Every Public Misfeasance (see Arts 204-207: acts by a
but neglects to apply himself to some lawful Servant judge) Improper performance of some act
calling and instead uses begging as a means The term “public officers” embraces every which might lawfully be done [id.]
of living [Sec. 3 (a), PD No. 1563] Prostitution [Art. 202(2), RPC] public servant from the highest to lowest rank.
A woman is a prostitute when: The distinction between “officer” and Nonfeasance (Prosecution)
Persons Not Considered as Mendicants: [I- 1. She Habitually indulges in: “employee” for the purposes of the RPC is Omission of some act which ought to be
8-15] a. Sexual intercourse, or obliterated. [Macalino v. Sandiganbayan, G.R. performed [id.]
1. Infants; b. Lascivious conduct Nos. 140199-200 (2002)]
2. Child below 8 yrs. found begging or utilized 2. For Money or profit. SECTION 1. DERELICTION OF DUTY
by the Mendicant; and It includes elective and appointive officials and
3. Minor over 9 yrs., under 15 found: The Following are NOT Acts of Prostitution: employees, permanent or temporary: a. Article 204 – Knowingly Rendering
a. Begging or is being utilized for the 1. One sexual encounter for money does not 1. Career or non-career service, including Unjust Judgment; and
purposes of begging; and make a woman a prostitute [REYES, Book military and police personnel, whether b. Article 205 – Judgment Rendered
b. Acted without discernment [Sec. 4, PD 2] compensated or not [Sec. 3(b), RA 6713] Through Negligence
No. 1563] 2. Several intercourses with different men 2. Classified or unclassified or exempt service
does not make a woman a prostitute, if receiving compensation, even nominal, Elements
Persons Liable Under the Mendicancy Law: there is no evidence that she indulged in from the government. [Sec. 2(c), RA 3019]
sexual intercourse for money or profit. [id.] Knowingly Rendering Judgement Rendered
[MA]
Unjust Judgement Through Negligence
1. Mendicant; What are Considered “Official Duties”
(Art. 204) [JSUK] (Art. 205) [JSMN]
2. Any person who Abets mendicancy by G. CRIMES COMMITTED Includes those which are in one’s capacity to
giving alms directly to mendicants, perform by reason of his office. [Dacumos v.
exploited infants and minors on public BY PUBLIC OFFICERS Sandiganbayan, G.R. No. 95000 (1991)] 1. Offender is a Judge
roads, sidewalks, parks and bridges shall
RPC may be given extra-territorial application Coverage of GOCCs 2. He renders a judgment in a case Submitted
be punished by a fine.
to him for decision
under Article 2 (5) for these crimes. GOCCs created by law are covered while
Vagrancy vs. Mendicancy GOCCs registered with the SEC (including 3. Judgment is Unjust 3. Judgment is
1. Chapter I: Preliminary sequestered companies) are not. [Macalino v. Manifestly unjust
Vagrancy Mendicancy
Sandiganbayan, G.R. Nos. 140199-200
[Art. 202, RPC] [Sec. 3(a), PD. Provisions 4. Judge Knows that 4. It is due to his
(2002)]
1563] his judgment is inexcusable
As to Offender a. Article 203 – Who Are Public Based on RA 8249, presidents, directors, unjust Negligence or
ignorance
Officers trustees, and managers of all GOCCs,
Without apparent Without apparent regardless of type, are subject to the As to Requirement of Bad Faith
means of means of support, Elements [P-SEA-LEA]: jurisdiction of the Sandiganbayan when they
subsistence, who or lawful A public officer is one who: are involved in graft and corruption. [People v. Required. Accordingly, Not required 205
has the physical employment and 1. Takes part in the Performance of public SB, G.R. No. 167304 (2009)] mere error which was because it is based on
ability to work and who is physically functions in the government; committed in good negligence or
who neglects to able to work but faith is a proper ignorance.
2. Performs in said government or in any of its
defense [Heirs of
apply himself or neglects to apply branches public duties as an Employee, Yasin v. Felix, A.M.
herself to some himself to some Agent or Subordinate official, of any rank No. RTJ-94-1167
lawful calling. lawful calling and or class; and (1995)].

Page 176 of 277 Page 177 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Judgment Not Applicable to Collegiate Courts e. Article 208 – Prosecution of committed by the law violator must be proved
A final order which disposes of the whole The offense refers only to a judgment of an Offenses; Negligence and first. [US v. Mendoza, G.R. No. 7540 (1912)]
subject matter or terminates a particular individual judge in his court, and not to the Tolerance
proceeding or action, leaving nothing to be judgment rendered in a collegial court by the Liability of Offender
done but to enforce by execution what has members thereof. [In Re: Wenceslao Laureta, 1. Liability is as a principal in dereliction of
Punishable Acts [RT]:
been determined [Funk v. Santos Ventura G.R. No. L-68635 (1987); In Re: Joaquin T. duty not merely an accessory to the crime
1. Maliciously Refraining from instituting
Hocorma Foundation, Inc, G.R. No. 212346 Borromeo, A.M. No. 93-7-696-0 (1995)] [REYES, Book 2]
prosecution against violators of the law; or
(2016)] 2. Liability under PD 1829 (Penalizing
2. Maliciously Tolerating the commission of
Rationale: This is because collegiate courts obstruction of apprehension and
offenses.
Test to Determine an Unjust Order or reach their collective judgement after due prosecution of criminal offenders) - any
Judgment deliberation and consultation among the person who solicits, accepts, or agrees to
Elements:
The test to determine whether an order or members. [id.] accepting any benefit in consideration of
judgment is unjust is that such may be inferred Mode 1: Refraining Mode 2: Tolerating abstaining from, discounting, or impeding
from the circumstances that it is contrary to law c. Article 206 – Unjust Interlocutory from Instituting the Commission of the prosecution of a criminal offender is
or is not supported by evidence. [Louis Vuitton Prosecution [PNM] Offenses [PTM] liable [Sec. 1(g), PD 1829].
Order
S.A. v. Judge Villanueva, A.M. No. MTJ-92-643
1. Offender is a public officer or officer of
(1992)] Elements [J-KuMi]: f. Article 209 – Betrayal of Trust by
the law who has a duty to cause the
1. Offender is a Judge; and Prosecution of, or to prosecute,
an Attorney or a Solicitor –
Unjust v. Manifestly Unjust Judgement 2. He performs any of the following acts: Revelation of Secrets
[REYES, Book 2] offenses;
a. Knowingly rendering an unjust
Unjust Judgement Manifestly Unjust interlocutory order or decree; or 2. Dereliction of 2. Dereliction of Punishable Acts [DRO]:
Judgement b. Rendering a Manifestly unjust duty: knowing the duty: knowing that a 1. Causing Damage to his client, either—
interlocutory order or decree through commission of the crime is about to be a. By any malicious breach of
One which is One which is so inexcusable negligence or ignorance. crime, he does Not committed, he professional duty;
contrary to law or is manifestly contrary cause the Tolerates its b. By inexcusable negligence or
not supported by the to law that even a Interlocutory Orders prosecution of the commission ignorance.
evidence, or both. person having basic If the order leaves something to be done in the criminal 2. Revealing any of the secrets of his client
knowledge of the trial court with respect to the merits of the case, learned by him in his professional capacity;
law cannot doubt the it is interlocutory. If it does not, it is final. 3. Malice and deliberate intent to favor the 3. Undertaking the defense of the Opposing
injustice. Abuse of [Miranda v. CA, G.R. No. L-33007 (1976)] violator of the law party in the same case, without the consent
discretion or mere of his first client,
error of judgment is d. Article 207 – Malicious Delay in the Who are Public Officers a. After having undertaken the defense of
not punishable. Administration of Justice said first client, or
Officers of the prosecution department, whose
duty is to institute criminal proceedings for b. After having received confidential
Sources of Unjust Judgement [ERB] Elements [JP-DeM]: felonies upon being informed of their information from said client.
1. Error, 1. Offender is a Judge; perpetration (e.g., city attorney, fiscal).
2. Ill will or Revenge, or 2. There is a Proceeding in his court; [REYES, Book 2]
3. Bribery. [REYES, Book 2] 3. He Delays in the administration of justice;
and Who are Officers of the Law
Declaration that Decision/Order is Unjust 4. The delay is Malicious, that is, with Those who, by reason of the position held by
Before a criminal action against a judge for deliberate intent to inflict damage on either them, are duty-bound to cause prosecution and
violation of Articles 204 and 205 can be party in the case. punishment of offenders (e.g., chief of police,
entertained, there must be a trial or barrio captain) [id.]
authoritative judicial declaration that his
decision or order is really unjust which may Crime Must Be Proven
result from either an action of certiorari or “Negligence” means neglect of duty by
prohibition in a higher court. [De Vera v. maliciously failing to move the prosecution and
Pelayo, G.R. No. 137354 (2000)] punishment of the delinquent. The crime

Page 178 of 277 Page 179 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Requirement of Damage [REYES, Book 2] Elements: Not Required. Not required Direct Bribery vs. Sec 3(b) of RA 3019
Mode 1: Mode 2: Mode 3: Mode 1: Mode 2: Mode 3: required The gift (acceptance of Direct Bribery Sec 3(b) RA 3019
Malicious Revealing Undertaking Agreeing to Execution Agreeing to (acceptanc must have offer is [Art 210, RPC]
Breach or of Secrets Defense of commit/ of an Act refrain/refraini e of offer is a value or sufficient).
Inexcusable Opposing committing that is ng from doing sufficient). must be As to Promise or Gift
Negligence Party a Crime unjust but his duty capable of
[PACD] is not a [PARD] pecuniary Acceptance of a Mere request or
crime estimation. promise or offer or demand of a gift,
Required; Not Not
[PAUD] It cannot receipt of a gift or present, share,
without required; required;
consist of a present is required percentage or
damage, at revelation what is
1. Offender is a Public officer under Article mere offer benefit is enough
most he will be in itself is punished is
liable punishable the taking of 203 or promise
As to Scope
administratively [Id]. the case of a gift.
2. Accepts 2. Accepts 2. Accepts an [REYES,
liable (e.g., without the Wider and more Limited to contracts
an offer or a a Gift or offer or a Book 2]
suspension or consent of general scope: or transactions
promise or present by promise or
disbarment his 1st client. a. Performance of involving monetary
receives a himself or receives a gift
under the No Stage of Frustrated Bribery an act constituting a consideration where
gift or through or present by
CPR) If one party does not concur, then there is no crime; the public officer has
present by another himself or
through agreement and not all the acts necessary to b. Execution of an the authority to
himself or
Privileged Communication only covers Past another commit the crime were present. [Regalado] unjust act which intervene under the
through
Crimes another does not constitute a law.
A distinction must be made between Temporary Performance of Public crime; and
confidential communications relating to past 3.In 3. In 3. In Functions c. Agreeing to
crimes already committed, and future crimes consideratio consideratio consideration Temporary performance of public functions is refrain or refraining
n of which, n of which, of which, he sufficient to constitute a person a public officer from doing an act
intended to be committed by the client. The
attorney-client privilege only covers past he agrees he agrees agrees to for purposes of bribery. [Maniego v. People, which is his official
crimes. [People v. Sandiganbayan, supra.] to perform to execute Refrain from G.R. No. L-2971 (1951)] duty to do.
an act an act doing [Merencillo v. People, G.R. No. 142369-70,
SECTION 2. BRIBERY constituting which does something Bribery exists when the gift is: (2007)]
a Crime not which it is his 1. Voluntarily offered by a private person;
g. Article 210 – Direct Bribery constitute a official duty to 2. Solicited by the public officer and
crime, but do
h. Article 211 – Indirect Bribery
voluntarily delivered by the private person;
Punishable Acts [CER]: the act or
Elements [PuGO]:
1. Agreeing to perform/performing, in must be 3. Solicited by the public officer but the private
1. Offender is a Public officer;
Unjust person delivers it out of fear of the
consideration of any offer, promise, gift, or 2. He accepts Gifts;
present – an act constituting a Crime in consequences should the public officer
4. The act which offender agrees to perform 3. Gifts are offered to him by reason of his
connection with the performance of his perform his functions (here the crime by the
or which he executes be connected with the Office.
official duty giver does not fall under corruption of
performance of his official Duties public officials due to the involuntariness of
2. Accepting a gift in consideration of the Direct Bribery vs. Indirect Bribery
Execution of an act which does not the act). [People v. Sope, G.R. No. L-16
As to Acceptance of Gift (1946)] Direct Bribery Indirect Bribery
constitute a crime, in connection with the
[Art 210] [Art 211]
performance of his official duty
3. Agreeing to Refrain/refraining from doing As to Requirement Acceptance of Gift
something in his official duty in
consideration of a gift or promise Mere acceptance of The gift must be
the promise or offer accepted by the
of such gift public officer. The
consummates the acceptance of a

Page 180 of 277 Page 181 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

bribery and dereliction of duty. [REYES, Book 3. Chapter III: Frauds and Illegal Not necessary for Government to Actually
crime (1st and 3rd mere promise or
2] be Defrauded
modes). offer of such gift Exactions and Transactions
does not make a It is consummated by merely entering into
Acceptance of the
public officer liable Guilt of Offender is a Prejudicial Question agreement or by merely making use of other
gift is only a. Article 213 – Fraud Against the
under Art 211. The guilt of the offender is a prejudicial schemes to defraud the government. [REYES,
necessary for the
question to the liability of the officer for qualified Public Treasury and Similar Book 2]
2nd mode.
bribery. [US v. Mendoza, G.R. No. 7540 Offenses
Reason for the Gifts/Promise/Offer (1912)] Elements of Illegal Exactions (par.2-4) [C-
Punishable Acts: [EnD-ReC] DRC]:
In consideration of By reason of his Qualifying Circumstance 1. Entering into an agreement with any 1. Offender is a public officer entrusted with
the agreement of office and not for the If it is the public officer who demands or asks interested party or speculator or making the Collection of taxes, licenses, fees and
the officer to performance of a for such gift, the penalty is death. [Art. 211-A, use of any other scheme, to defraud the other imposts;
perform or refrain specific act. RPC] government, in dealing with any person 2. He is guilty of the following acts or
from doing an act or with regard to furnishing supplies, the omissions:
the commission of a j. Article 212 – Corruption of Public making of contracts, or the adjustment or a. Demanding directly or indirectly,
crime. Officials settlement of accounts relating to public payment of sums different from or
property or funds; larger than those by law;
Elements [OB]: 2. Demanding, directly or indirectly, the b. Failing voluntarily to issue a Receipt as
No Frustrated or Attempted Stages
1. Offender makes Offers or promises or payment of sums different from or larger provided by law, for any sum of money
Always in the consummated stage. [REYES,
gives gifts or presents to a public officer; than those authorized by law, in collection collected by him officially; or
Book 2]
and of taxes, licenses, fees, and other imposts; c. Collecting or receiving, directly or
2. Offers or promises are made or the gifts or 3. Failing voluntarily to issue a Receipt, as indirectly, by way of payment or
Mere Physical Receipt is Insufficient
presents given to a public officer, under provided by law, for any sum of money otherwise, things or object of a nature
There must be clear intention on the part of the
circumstances that will make the public collected by him officially, in the collection different from that provided by law
public officer to take the gift offered and
consider the property as his own for that officer liable for direct Bribery or indirect of taxes, licenses, fees and other imposts;
bribery. 4. Collecting or receiving, directly or Persons Liable
moment. Mere physical receipt
indirectly, by way of payment or otherwise, General Rule: Only specific public officers are
unaccompanied by any other sign,
Offeror is Punished things or objects of a nature different from liable and this can only be committed
circumstance or act to show such acceptance
The offender is the giver of the gift or the offeror that provided by law, in the collection of principally by a public officer whose official duty
is not sufficient. [Formilleza v. Sandiganbayan,
of the promise. This applies even if the gift was taxes, licenses, fees and other imposts. is to collect taxes, license fees, import duties
G.R. No. 75160 (1988)]
demanded by the public officer. [REYES, Book and other dues payable to the government.
2] Elements of Fraud against Public Treasury [Art. 213, RPC]
i. Article 211-A – Qualified Bribery
(par.1) [POED]:
Distinguished from Bribery – Provisions 1. Offender is a Public officer Exception: BIR and Customs employees are
Elements [LAC]: not covered by the article. The NIRC or the
penalizing Bribery punishes the public officer 2. He took advantage of his public office; he
1. Offender is a public officer entrusted with Revised Administrative Code is the applicable
and not the offeror intervened in the transaction in his Official
Law enforcement; law. [BOADO]
capacity
2. He refrains from Arresting or prosecuting
No Frustrated Stage 3. He Entered into an agreement with any
an offender who has committed a crime Receipt must be an Official Receipt
There is no frustrated corruption or bribery interested party or speculator or made use
punishable by reclusion perpetua and/or The act of receiving payment due the
because both crimes require the concurrence of any other scheme with regard to:
death; government without issuing a receipt will give
of the will of the corruptor and public officer. a. Furnishing supplies
3. Offender refrains from arresting or rise to illegal exaction even though a
[BOADO] b. The making of contracts or
prosecuting in Consideration of any offer, provisional receipt has been issued. What the
c. Adjustment or settlement of accounts
promise, gift, or present. law requires is a receipt in the form prescribed
relating to public property or funds
4. Accused had intent to Defraud the by law, which means official receipt.
Effect if Penalty Imposable is Lower than
Government.
Reclusion Perpetua or Death When Estafa instead of Illegal Exaction
If the penalty imposed is lower than reclusion When there is deceit in demanding a greater
perpetua and/or death, the crime is direct fee than those prescribed by law, the crime

Page 182 of 277 Page 183 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

committed is estafa and not illegal exaction. Persons liable [PEG]: 2. He had the Custody or control of funds or 2. Has become an Accomplice or accessory
[US v. Lopez, G.R. No. L-3968 (1908)] 1. Public officer who, directly or indirectly, property by reason of the duties of his to a public officer who commits
became interested in any contract or office; malversation;
b. Article 214 – Other Frauds business in which it was his official duty to 3. He was accountable for Public funds or 3. Is made the Custodian in whatever
intervene; property; capacity of public funds or property,
Elements [PACo]: 2. Experts, arbitrators, and private 4. He Appropriated, took, misappropriated or whether belonging to national or local
1. Offender is a Public officer; accountants who, in like manner, took part consented or, through abandonment or government, and he misappropriates the
2. He takes Advantage of his official position; in any contract or transaction connected negligence, permitted another person to same [Article 222, RPC]; or
and with the estate or property in the appraisal, take them. 4. Is constituted as the Depositary or
3. He Commits any of the frauds or deceits distribution or adjudication of which they administrator of funds or property seized or
enumerated in Article 315 to 318 (estafa, had acted; and NOTE: Malversation is also called attached by public authority even though
other forms of swindling, swindling a minor, 3. Guardians and executors with respect to embezzlement. [REYES, Book 2] said funds or property belong to a private
other deceits). the property belonging to their wards or the individual [Article 222, RPC].
estate. Appropriation
Penalty of Special Disqualification Appropriation involves every attempt to Sheriffs and receivers are included.
Additional penalty of temporary special Fraud is Not Necessary dispose of public funds or property without a They fall under the term “administrator.”
disqualification in its maximum period to The act is punished because of the possibility right to do so. [Tabuena v. Sandiganbayan, [REYES, Book 2]
perpetual special disqualification, apart from that fraud may be committed or that the G.R. Nos. 103501-03 (1997)]
the penalties imposed in Arts 315-318. [Art. offender will place his own interest above the Judicial Administrator Not Covered
214, RPC] Government or the party he represents [US v. Can be Committed with Malice or Through A judicial administrator in charge of settling the
Udarbe, G.R. No. 9945 (1914)] Negligence or Imprudence. estate of the deceased is not covered by the
c. Art. 215 – Prohibited Transactions ● Negligence - omission of reasonable care article. Conversion of effects in his trust makes
Intervention by Virtue of Public Office and caution which an ordinary prudent him liable for estafa. [REYES, Book 2]
Elements [AIIJ]: Intervention must be by virtue of the public person would have used in the same
1. Offender is an Appointive public officer; office held. The contracts the official intervenes situation. The measure of negligence is the Private Property Covered
2. He becomes Interested, directly or in must have a connection with his office. standard of care commensurate with the Private property is included, provided it is:
indirectly, in any transaction of exchange or [REYES, Book 2] occasion. [Leano v. Domingo, G.R. No. 1. Attached;
speculation; 84378 (1998)] 2. Seized; or
3. He becomes interested during his 4. Chapter IV: Malversation of ● Good Faith as a Defense - For 3. Deposited by public authority. [REYES,
Incumbency; and malversation not committed through Book 2]
Public Funds or Property negligence, good faith is a defense as it
4. Transaction takes place within the territory
subject to his Jurisdiction; negates criminal intent. [Quizo v. Presumption of Misappropriation
a. Article 217 – Malversation of Public Sandiganbayan, G.R. No. 77120 (1987)] When a demand is made upon an accountable
Examples of Transactions of Exchange or
Funds or Property - Presumption officer and he cannot produce the fund or
Speculation of Malversation Persons Liable property involved, there is a prima facie
Buying and selling stocks, commodities, land, General Rule: Offender is a Public Officer presumption that he had converted the same to
etc. wherein one hopes to take advantage of an Modes [AT-PeM]: Accountable Office - The nature of the duties of his own use. [People v. Wa-Acon, G.R. No.
expected rise or fall in price. Although 1. Appropriating public funds or property; the public officer, not the name of the office, is 164575 (2006)]
purchasing of stocks or shares in a company is 2. Taking or misappropriating the same; controlling. Thus, a clerk who receives money
a simple investment and not a violation of the 3. Consenting, or through abandonment or or property belonging to the government, in the Not Elements of Malversation
article, regularly buying securities for resale is negligence, Permitting any other person to course of his employment, for which he is Demand as well as damage to the government
speculation. [REYES, Book 2] take such public funds or property; and bound to account, may be liable under Article are not necessary elements. Demand merely
4. Being otherwise guilty of the 217. [Rueda v. Sandiganbayan, G.R. No. raises a prima facie presumption that missing
Misappropriation or malversation of such 129064 (2000)] funds have been put to personal use. Damage
d. Article 216 – Possession of
funds or property. to the government is immaterial because the
Prohibited Interest by a Public Exception: Private persons may also penalty is based on the amount involved.
Officer Elements Common to All Modes [PCPA]: commit malversation. Such as when a private [Morong Water District v. Office of the Deputy
1. Offender is a Public officer; person: [CoA-CuD] Ombudsman, G.R. No. 116754 (2000)]
1. Acts in Conspiracy with a public officer in
committing malversation;

Page 184 of 277 Page 185 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Direct Evidence Not Required for Need for Damage Demand and Misappropriation Not Malversation v. Technical Malversation
Conviction Necessary [Boado]
An accountable public officer may be convicted Not required Required It is also not essential that there be
Malversation Technical
even in the absence of direct evidence, where misappropriation because if present, the crime
(Art 217) Malversation (Art
he has not been able to satisfactorily explain Necessity of Prior Demand would be malversation. [REYES, Book 2]
220)
the absence of the public funds. [Estepa v.
Sandiganbayan, G.R. No. 59670 (1990)] Not necessary Required c. Article 219 – Failure of a Nature of Funds
[REYES, Book 2] Responsible Public Officer to
Restitution Public Funds
Render Accounts Before Leaving
Returning the malversed funds is not Malversation, Estafa, and Qualified Theft of
exempting, it is only mitigating. [Perez v
the Country As to the Offender
Public Funds/Property [BOADO]
People, 544 SCRA 532]
Malversation Estafa Qualified Elements [PAU]: Accountable Public Officers
[Art. 217] [Art. 315] Theft [Art. 1. Offender is a Public officer;
When Crime is Estafa instead of
310] 2. He is an Accountable officer for public Appropriation of Funds
Malversation
funds or property;
The funds or property must be received in an No such requirement Must be appropriated
As to Offender 3. He Unlawfully leaves or attempts to leave
official capacity, in which case, the crime is by Law or Ordinance
the Philippine Islands without securing a
Malversation. Otherwise, the crime committed Accountable Offender who Offender who certificate from the Commission on Audit
is estafa. [US v. Solis, G.R. No. L-2828 (1906)] Public Officer is not has mere What is Done with the Funds
showing that his accounts have been finally
accountable physical settled.
Malversation v. Estafa Applied to personal Applied to public use
and has possession Leaving must be Unlawful use and benefit of the other than what it
Malversation [Art Estafa [Art. 315] acquired and took the The act of leaving the country must be offender or another was appropriated for
217] juridical property with unauthorized or not permitted by law. [REYES, person
possession abuse of Book 2]
Nature of Funds thereof and confidence Good faith as a Defense
took it with d. Article 220 – Illegal Use of Public
Public Private abuse of For malversation not Good faith is not a
Funds or Property
confidence or committed through defense. Technical
As to the Offender
deceit negligence, good malversation is
Elements [P-PAO]:
Offender is usually a Offender is a private 1. Offender is a Public officer; faith is a defense as it malum prohibitum.
public officer who is individual or even a negates criminal [Ysidoro v. People,
b. Article 218 – Failure of 2. There are Public funds or property under
accountable for the public officer who is his administration; intent. [Quizo v. 685 SCRA 637].
Accountable Officer to Render Sandiganbayan,
public funds/property not accountable for 3. Such fund or property were Appropriated
public funds/property Accounts G.R. No. 77120
by law or ordinance;
4. He applies such public fund or property to (1987)]
Means of Commission Elements [PART]:
any public use Other than for which it was
1. Offender is Public officer, whether in the
Crime is committed Crime is committed appropriated for. e. Article 221 - Failure to Make
service or separated therefrom by
by appropriating, by misappropriating, resignation or any other cause; Delivery of Public Funds or
Technical Malversation
taking, or converting, or 2. He is an Accountable officer for public Property
misappropriating/co denying having Illegal use of public funds or property is also
funds or property;
nsenting or through received money, known as technical malversation. The term
3. He is Required by law or regulation to Punishable Acts [FaR]:
abandonment or goods or other technical malversation is used because in this
render account to the Commission on 1. Failing to make payment by a public officer
negligence, personal property crime, the fund or property involved is already
Audit, or to a provincial auditor; who is under the obligation to make such
permitting any other appropriated or earmarked for a certain public
4. He fails to do so for a period of Two months payment from Government funds in his
person to take the purpose. Despite the public purpose, the act is
after such accounts should be rendered. possession
public punished because it remains a violation of the
2. Refusing to make delivery by a public
funds/property appropriations law [REYES, Book 2].
officer who has been ordered by competent

Page 186 of 277 Page 187 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

authority to deliver any property in his 5. Chapter V: Infidelity of Public Consenting to Evasion v. Delivering Liability of Escaping Prisoner:
custody or under his administration Prisoners From Jail ● If he is a prisoner by final judgment -
Officers liable for evasion of service (Art. 157)
Consenting to Delivering
Elements: ● If he is a detention prisoner - he does not
SECTION 1. INFIDELITY IN THE CUSTODY Evasion Prisoners from Jail
incur criminal liability [REYES, Book 2]
Mode 1: Failing to Mode 2: Refusing OF PRISONERS [Art. 223] [Art. 156]
Make Payment to make delivery
[PPM] [PDM] As to Who may Commit c. Article 225 – Escape of Prisoner
a. Article 223 – Conniving With or under the Custody of a Person Not
1. Public officer has government funds in his Consenting to Evasion By a public officer By an outsider or by a Public Officer
possession having the legal a public officer who
charge or custody of does NOT have the Elements [PCE-CN]:
2. Obligation to 2. Obligation to Elements [P-CEC]: a prisoner. official charge or 1. Offender is a Private person;
make Payment from Deliver any property 1. Offender is a Public officer; custody of the 2. Conveyance or custody of a prisoner or
such funds in his custody or 2. He had in his Custody or charge a prisoner, prisoner. person under arrest is confided to him;
under his either detention prisoner or prisoner by
3. Prisoner or person under arrest Escapes;
administration final judgment; As to the Manner of Commission
4. Offender Consents to the escape, or that
3. Such prisoner Escaped from his custody;
By conniving or By removing from the escape takes place through his
3. Maliciously fails to perform the obligation 4. He was in Connivance with the prisoner in
consenting to the jail a prisoner Negligence.
the latter’s escape. (“shall consent to the
escape”) escape of a confined therein or
prisoner. helping in the Not Applicable if Private Person made the
escape of such Arrest
Basis of Penalty Classes of Prisoners Involved [FD]
prisoner. Art. 225 is not applicable if a private person
● Failure to make payment: fine shall be 5 to 1. Those sentenced by Final judgment; and
was the one who made the arrest and he
2. Detention prisoners who are temporarily [AMURAO]
25% of the amount he fails to pay consented to the escape of the person he
● Refusal to make delivery. [Art. 221(1)(2), held in legal custody
arrested. [REYES, Book 2]
RPC] b. Article 224 – Evasion through
What is Not Considered as Infidelity in
Negligence Consenting to Evasion vs. Delivering
Custody
f. Article 222 – Officers Included in Prisoners from Jail
Leniency, laxity, and release of a detention
the Preceding Provisions Elements [P-CoN]:
prisoner who could not be delivered to judicial Consenting to Delivering
1. Offender is a Public officer;
authorities within the time fixed by law is not Evasion Prisoners from Jail
NOTE: This article provides that private 2. He is charged with the Conveyance or
infidelity in the custody of a prisoner. [People v. [Art. 225] [Art. 156]
individuals may also be held liable for the custody of a detention prisoner or prisoner
Lancanan, G.R. No. L-6805 (1954)] by final judgment;
crimes under Art 217 to 221. As to who may Commit
3. Such prisoner escapes through Negligence
Actual Evasion Even Without Actual
Officers Include: By a Private Person By an outsider or by
Escape
1. Private individuals who, in any capacity, Deliberate Non-performance of Duty who acts as a a public officer who
There is real actual evasion of service of a
have charge of any national, provincial or This covers only positive carelessness and custodian of the does NOT have the
sentence when the custodian permits the
municipal funds, revenue, or property definite laxity which amounts to deliberate non- Prisoner. official charge or
prisoner to obtain a relaxation in his
2. Administrator or depositary of funds or performance of duties. [Rodillas v. custody of the
imprisonment and to escape the punishment of
property that has been attached, seized or Sandiganbayan, G.R. No. L-58652 (1988)] prisoner.
being deprived of his liberty, thus making the
deposited by public authority, even if penalty ineffectual, although the convict may
owned by a private individual. Recapture does not lead to exculpation
not have fled. This includes allowing prisoners
The fact that the public officer recaptured the
to sleep and eat in the officer’s house or utilize
SEE: Art. 217 for extensive discussion prisoner who had escaped from his custody
the prisoner’s services for domestic chores.
does not afford complete exculpation. [REYES,
[US v. Bandino, G.R. No. 9964 (1915)]
Book 2]

Page 188 of 277 Page 189 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

SECTION 2. INFIDELITY IN THE CUSTODY 2. A book is not a document. A document is 3. He Opens or permits to be opened said
OF DOCUMENTS a written instrument by which something is closed papers, documents or objects; Revelation of Secrets v. Infidelity in the
proven or made of record [People v. Agnis, 4. He does Not have proper authority. Custody of Documents [REYES, Book 2]
d. Article 226 – Removal, G.R. No. L-19676 (1923)] Revelation of Infidelity in
Concealment, or Destruction of 3. “Papers” - includes checks, promissory Act should not be under Art 227
Secrets by an Custody of
Documents notes, and paper money. [REYES, Book 2] If the public officer had to break a seal to open
Officer (Art 229) Documents/Papers
the closed document, he is liable under Art 227.
by Removing the
Consummated upon Removal [REYES, Book 2]
Elements [P-ReDeCo-ED]: Same (Art 226)
Removal is consummated upon taking or
1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a secreting away of the document from its usual g. Article 229 – Revelation of Secrets Content of the Papers
document or papers; place. It is immaterial whether or not the illicit by an Officer
purpose of the offender has been Papers contain Papers do not
3. Said document or papers should have
been Entrusted to such public officer by accomplished. [Kataniag v. People, G.R. Punishable Acts [ReD]: secrets /papers contain secrets.
reason of his office; No.48398 (1984)] 1. Revealing any secrets known to the which should not be
4. Damage, whether serious or not, to a third offending public officer by reason of his published.
Delivery of Documents to Wrong Person official capacity
party or to the public interest has been
caused. Delivering documents to the wrong party is 2. Wrongfully Delivering papers or copies of Damage Involved
infidelity in the custody thereof. This could papers of which he has charge and which
cover failure on the part of the post office to should not be published Damage is to public Damage is to public
Offender Must be Officially Entrusted with
forward the letters to their destination. [REYES, interest interest or third
the Documents
Book 2] Elements: persons
Can only be committed by the public officer
who is made the custodian of the document in Mode 1: Revelation Mode 2: Wrongful
his official capacity. If the offender is a private e. Article 227 – Officer Breaking Seal h. Article 230 – Public Officers
of Secrets delivery of papers
individual, estafa is committed. [REYES, Book [P-SRD] [P-PWD] Revealing Secrets of Private
2] Elements [P-CSB]:
1. Offender is a Public officer; Individuals
1.Offender is a Public officer
Removal Must be for Illicit Purpose 2. He is charged with the Custody of papers
or property; Elements [PSR]:
If the act of removal is done with lawful motives 2. He knows of a 2. He has charge of
3. These papers or property are Sealed by 1. Offender is a Public officer;
such as to save the documents from imminent Secret by reason of Papers which should
proper authority; 2. He knows of the Secrets of a private
danger of loss or destruction, there would be his official capacity not be published
4. He Breaks the seal or permits them to be individual by reason of his office;
no crime committed. However, illicit motive is 3. He Reveals such secrets without authority
not required if the mode is concealment or broken. Secrets must affect Custody Required
or justifiable reason.
destruction. [REYES, Book 2] public interest. If “Charge” - means
Damage/Intent to Cause Damage Not the secret revealed custody or control. If
Necessary When the Offender is a Lawyer
Damage Caused does not involve he is merely
Where documents are sealed by competent When the offender is a public attorney or a
Damage in this article may consist in mere public interest, no entrusted with the
authorities, it is evident that the purpose solicitor, the act of revealing the secret should
alarm to the public or in the alienation of its crime is committed. papers and not with
thereof is to ensure their preservation. It is not be covered by Art 209 (Betrayal of Trust).
confidence in any branch of the government Secrets of private the custody thereof,
sufficient that the seal is broken, even if the [REYES, Book 2]
service. [Kataniag v. People, G.R. No.48398 individuals are not he is not liable under
(1984)] contents are not tampered with. [REYES, Book included. [REYES, this article.
2] Damage Not Necessary
Book 2]
Damage to private individual is not necessary.
Documents The reason for this provision is to uphold faith
1. Documents must be complete and one f. Article 228 – Opening of Closed 3. He Reveals such 3. He Wrongfully
secret without delivers those and trust in public service. [REYES, Book 2]
by which a right could be established or an Documents
obligation could be extinguished. If the authority or papers or copies
writings are mere forms, there is no crime. Elements [PoCON]: justifiable reasons thereof to a third
[People v. Camacho, G.R. No.18688 1. Offender is a Public officer; person
(1923)] 2. Any Closed papers, documents, or objects
4. There is Damage to public interest
are entrusted to his custody;

Page 190 of 277 Page 191 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Revelation of Secrets by an Officer v. Public Elements [PES-DiDi]: Only for Elective Officials Torture
Officer Revealing Secrets of Private 1. Offender is a Public officer; Once an individual is elected to an office by the If the acts of maltreatment constitute torture,
Individual 2. An order is issued by his superior for will of the people, discharge of duties becomes there is a separate criminal liability from the
Execution; a matter of duty, not only a right. This only crime under the RPC. Torturous acts are not
Revelation of Public Officer
3. He Suspended the execution of such order; applies for elective, not appointive officers. absorbed in, nor do they absorb other crimes.
Secrets by an Revealing Secrets
4. His superior Disapproves the suspension [REYES, Book 2] [Section 15, RA 9745]
Officer [Art 229] of a Private
Individual of the execution of the order; and
[Art. 230]
5. Offender Disobeys his superior despite the e. Article 235 – Maltreatment of SECTION 2. ANTICIPATION,
disapproval of the suspension. Prisoners PROLONGATION, AND ABANDONMENT
Nature of the Secret OF THE DUTIES AND POWERS OF PUBLIC
Illegal Orders Elements [PCM]: OFFICE
Secret involves public Secret involves a This does not apply if the order of the superior 1. Offender is a Public officer or employee;
interest private individual is illegal. [Art 11(6), RPC] 2. He has under his Charge a prisoner or f. Article 236 – Anticipation of Duties
detention prisoner; of a Public Officer
Necessity for Damage c. Article 233 – Refusal of Assistance 3. He Maltreats such prisoner by overdoing
himself in the correction or handling of a Elements [ESAN]:
Damage to public Damage is not
Elements [P-CoM]: prisoner or detention prisoner under his 1. Offender is Entitled to hold a public office
interest is essential essential
1. Offender is a Public officer; charge by: or employment, either by election or
2. A competent authority demands from the a. Imposition of punishment not appointment;
6. Chapter VI: Other Offenses or offender that he lend his Cooperation authorized by the regulations; 2. The law requires that he should first be
towards the administration of justice or b. Inflicting such punishments Sworn in and/or should first give a bond;
Irregularities by Public other public service; (those authorized) in a cruel 3. He Assumes the performance of the duties
Officers 3. Offender Maliciously fails to do so. and humiliating manner. and powers of such office; and
c. Maltreating such prisoners to 4. He has Not taken his oath of office and/or
SECTION 1. DISOBEDIENCE, REFUSAL OF Official Duty of Public Officer extort a confession or to obtain given the bond required by law.
ASSISTANCE, AND MALTREATMENT OF To be liable, the public officer must have the some information from the
PRISONERS obligation, by reason of his office, to render prisoner. Comparison Between Art 234 and Art 236
assistance in the administration of justice or
Refusal to Anticipation of
a. Article 231 – Open Disobedience other public service. [AMURAO] Offender Must Have Direct Custody
Discharge Elective Duties of a Public
This is committed only by such public officer Office Officer
Elements [Je-JWR]: Damage is Essential charged with direct custody of the prisoner.
[Art. 234] [Art. 236]
1. Officer is a Judicial or executive officer; Damage to public interest or to a third party is [Punzalan v. People, G.R. No.L-8820 (1956)]
2. There is a Judgment, decision or order of a essential. Serious damage leads to a higher As to Nature of Position
superior authority; penalty. [REYES, Book 2] If the public officer is not the custodian of the
3. Such judgment, decision or order was prisoner and he manhandles the latter - crime Officer is elected Officer is elected or
made Within the scope of the jurisdiction of d. Article 234 – Refusal to Discharge is physical injuries. [REYES, Book 2] appointed
the superior authority and issued with all Elective Office
the legal formalities; Cannot be Complexed with other Crimes As to Act Punished
4. He openly Refuses to execute the said Elements [ERL]: Maltreatment of prisoners cannot be
complexed with homicide, physical injuries, or The officer, without The offender
judgment, decision or order, which he is 1. Offender is elected by popular Election to a
other crimes as the article says “in addition to legal motive, refuses assumes the
duty bound to obey without any legal public office;
his liability for the physical injuries or damage to be sworn in or performance of the
justification. 2. He Refuses to be sworn in or to discharge
caused…” [AMURAO] discharge the duties duties of the office
the duties of said office; of his office. without having been
b. Article 232 – Disobedience to the 3. There is no Legal motive for such refusal to sworn in or giving
Order of Superior Officer When be sworn in or to discharge the duties of Qualifying Circumstance
the bond required by
said office. If the maltreatment was done in order to extort
Said Order Was Suspended by law.
confession, the penalty is qualified to the next
Inferior Officer higher degree. [REYES, Book 2]

Page 192 of 277 Page 193 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

g. Article 237 – Prolonging Abandonment of Office v. Dereliction of Authority or Official Function). [REYES, Book n. Article 244 – Unlawful
Performance of Duties and Powers Duty 2] Appointments
Abandonment of Dereliction of Duty
Elements [PPC]: Office or Position (Art. 208) k. Article 241 – Usurpation of Judicial Elements [P-NoLaK]:
1. Offender is holding a Public office; (Art. 238) Functions 1. Offender is a Public officer;
2. Period provided by law, regulations or As to Offender 2. He Nominates or appoints a person to a
special provision for holding such office, Elements [Ex-AO]: public office;
has already expired; and Committed by any Committed only by 1. Offender is an officer of the Executive 3. Such person Lacks the legal qualifications
3. He Continues to exercise the duties and public officer public officers who branch; therefore;
powers of such office. have the duty to 2. That he: 4. Offender Knows that his nominee or
institute prosecution a. Assumes judicial powers, or appointee lacks the qualification at the time
Officers Covered for the punishment of b. Obstructs the execution of any order or he made the nomination or appointment.
The offenders here are those who can be violations of the law decision rendered by any judge within
suspended, separated, declared over-aged, or As to Abandonment his jurisdiction. NOTES:
dismissed. [REYES, Book 2] 1. Mere recommendation is not a crime,
There is actual Public officer does
l. Article 242 – Disobeying Request even if such person knew that the person
abandonment not abandon his
h. Article 238 – Abandonment of for Disqualification recommended is not qualified. [REYES,
through resignation to office but merely fails Book 2]
Office or Position evade the discharge to prosecute a
Elements [PPQRC]: 2. Qualifications must be provided for by
of duties violation of the law. law [id.]
Elements [PRNA]: 1. Offender is a Public officer;
1. Offender is a Public officer; 2. A proceeding is Pending before such public
2. He formally Resigns from his position; SECTION 3. USURPATION OF POWERS officer; o. Article 245 – Abuses Against
3. His resignation has Not yet been accepted; AND UNLAWFUL APPOINTMENTS 3. There is a Question brought before the Chastity
and proper authority regarding his jurisdiction,
4. He Abandons his office to the detriment of i. Article 239 – Usurpation of which is not yet decided; Punishable Acts [DCuW]:
public service. Legislative Powers 4. He has been lawfully required to Refrain 1. Soliciting/making immoral or indecent
from continuing the proceeding; advances to a woman interested in matters
NOTE: Resignation must be written [REYES, Elements [EJ-MAS]: 5. He Continues the proceeding. pending before the offending officer for
Book 2] 1. Offender is an Executive or Judicial officer, Decision or with respect to which he is
who encroaches upon the powers of the NOTE: The disobedient officer is liable even if required to submit a report to or consult
Requisites for Resignation [InAA] Legislative branch by: the jurisdictional question is resolved in his with a superior officer;
1. Intention to relinquish part of the term a. Making general rules or regulations favor. [REYES, Book 2] 2. Soliciting or making immoral or indecent
2. Act of relinquishment beyond the scope of his authority; or advances to a woman under the offender’s
3. Acceptance by the proper authority [LRTA b. Attempting to repeal a law; or m. Article 243 – Orders or Request by Custody;
v. Salvana, G.R. No. 192074 (2014)] c. Suspending the execution thereof. Executive Officer to Any Judicial 3. Soliciting or making immoral or indecent
Authority advances to the Wife, daughter, sister or
Qualifying Circumstance j. Article 240 – Usurpation of relative within the same degree by affinity
The offense is qualified when the purpose of Executive Functions Elements [EJJ]: of any person in the custody of the
the abandonment is to evade the discharge of offending warden or officer.
1. Offender is an Executive officer;
duties of preventing, prosecuting, or punishing Elements [JAO]: 2. He addresses any order or suggestion to
any of the crimes falling within Title One 1. Offender is a Judge; any Judicial authority;
(Crimes against National Security and the Law 2. That he: 3. The order or suggestion relates to any case
of the Nations) and Chapter One of Title Three a. Assumes a power pertaining to the or business coming within the exclusive
(Rebellion, Coup d’état, Sedition, and executive authorities, or Jurisdiction of the courts of justice.
Disloyalty) of book two of the RPC. [Amurao] b. Obstructs the executive authorities in
the lawful exercise of their powers.

NOTE: If the offender is not a judge the crime

is punishable under Art 177 (Usurpation of

Page 194 of 277 Page 195 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Elements: Parricide shall not be punished by bed [People v. Gonzales, G.R. No. 46310;
H. CRIMES AGAINST reclusion perpetua to death in the following People v. Bituaanan 56 Phil 23, cited in
Mode 1: Mode 2: Mode 3:
PERSONS cases: REYES, Book 2]
Soliciting to Soliciting to Soliciting to
1. Reckless or simple imprudence [Art. 365] 2. Accused must be legally married - if the
a woman a woman wife/daughte
2. Parricide by mistake [Art. 49] victim is his or her spouse. [People v.
interested in under r/sister/ 1. Chapter I: Destruction of Life 3. Parricide under exceptional circumstances Araquel, G.R. No. L-12629]
pending offender’s relative of
[Art. 247] 3. Whether or not the daughter is legitimate
matters custody person in SECTION 1. PARRICIDE, MURDER, or illegitimate is immaterial - provided she
[PSP] [PSC] custody HOMICIDE
[PSR] b. Article 247 – Death or Physical is living with the guilty parent [Regalado]
Injuries Under Exceptional 4. Privilege cannot be invoked without
a. Article 246 – Parricide surprise – if the accused did not surprise
1. Offender is a Public officer Circumstances
the supposed offenders in the very act of
2. He Solicits or makes immoral or indecent Elements: [KAA-FaMCADS] committing adultery, he cannot invoke the
1. A person is Killed; Elements: [M-SD-KiP]
advances to a woman privilege of Art. 247. [People v. Gonzales,
2. Deceased is killed by the Accused; 1. A legally Married person, or a parent,
surprises the following in the act of sexual G.R. No. 46310 (1939)]
3. Deceased is the Accused's:
3. Woman is 3. Woman is 3. Woman is a. Legitimate/illegitimate Father intercourse with another person:
Immediately Thereafter
interested in under the the wife, b. Legitimate/illegitimate Mother a. His Spouse or;
matters Custody of daughter, There is no set time as jurisprudence has held
c. Legitimate/illegitimate Child (should not b. His Daughter, the latter under 18 years
Pending the offender sister or of age and living with him; 1 hour or even 4 hours as “immediately
be less than 3 days old, otherwise crime thereafter”. However, the act done must be a:
before the who is a Relative is infanticide) 2. He or she Kills any or both of them, or
offender for warden or within the a. Direct result of the outrage of the
d. Other legitimate Ascendant inflicts upon any or both of them any serious
decision, or other public same degree cuckolded spouse; and
e. Other legitimate Descendant physical injury in the act or immediately
with respect officer by affinity of thereafter; b. Continuous act from the moment of the
f. Legitimate Spouse surprising. [US v. Vargas, G.R. No. 1053,
to which he directly the person in 3. He has not Promoted or facilitated the
is required to charged with the custody May 7, 1903]
Relationship prostitution of his wife or daughter, or that
submit a the care and of the Relationship of offender with the victim is an he or she has not consented to the infidelity
report to or custody of offender. of the other spouse. When Article 247 does not apply: [BM]
essential element of this crime; except for 1. If the surprising took place Before any
consult with prisoners.
spouses, only relatives by blood and in direct actual sexual intercourse could be done.
a superior. Not a Felony
line are covered. An adopted child is not 2. If the daughter is Married.
covered by parricide. This article does not define a felony, rather it
serves as a defense for a person charged with
Solicitation Although the article does not use the word
Rules on Relationship of Relatives parricide, homicide or serious physical injuries.
Solicit is to propose earnestly and persistently “unmarried,” this article applies only when
1. Father, mother or child may be legitimate [Id]
something unchaste and immoral to a woman. the daughter is single because while under
The advances must be immoral or indecent. or illegitimate 18 and single, she is still under parental
2. Other ascendants or descendants must be Sentence to Accused
Proof of solicitation is not necessary when authority. If she is married, her husband
legitimate General Rule: If all the requisites have been
there is sexual intercourse. [REYES, Book 2] alone can claim the benefits of this article.
3. Child should not be less than 3 days old, met, the defendant will be sentenced to
destierro instead of the severe penalty for the [REYES, Book 2]
Consummated by Proposal otherwise, crime is infanticide
aforementioned crime [People v. Araquel, G.R.
The crime is consummated by mere proposal. 4. Spouse must be legitimate; Muslim c. Article 248 – Murder
No. L-12629].
It is not necessary that the woman should have husbands with several wives can be
yielded to the solicitation of the offender. convicted of parricide only in case the first Elements: [KAC-TCICPC-N]
Exception: If less serious or slight physical
[REYES, Book 2] wife is killed. [People v. Subano, G.R. No. 1. Person was Killed;
injuries are inflicted, there is no criminal
L-20338 (1967)] 2. Accused killed him;
liability. [Id]
Mother of Person in Custody Not Included 3. Killing was attended by any of the following
The mother of the person in the custody of the NOTE: Relationship must be alleged in the qualifying Circumstances:
Information to be convicted of Parricide. Other Considerations:
public officer is not included. [REYES, Book 2] a. With Treachery, taking advantage of
[People v. Jumawan, G.R. No. 187495 (2014)] 1. Actual Sexual Intercourse – meaning
vaginal penetration by the penis and does superior strength, aid of armed men, or
not include merely sleeping on the same employing means to weaken the

Page 196 of 277 Page 197 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

defense, or of means or persons to Killing by Fire imprudence. [People v. Castillo, C.A. No. 227 2. Attempted Felony - the penalty lower by
insure or afford impunity; ● If the primordial criminal intent of the (1946)] two degrees than that prescribed by law for
b. In Consideration of a price, reward or offender is to kill and fire was only used the consummated felony shall be imposed
promise; as a means to do so, the crime is only Refusal to be Operated; Not a Defense [Art. 51, RPC].
c. By means of Inundation, fire, poison, murder. Refusal of the deceased to be operated on
explosion, shipwreck, stranding of a ● If the primordial criminal intent of the does not relieve the offender of the criminal NOTE: Any attempt on, or conspiracy against,
vessel, derailment or assault upon a offender is to destroy property with the liability for his death. [People v. Sto. Domingo, the life of the Chief Executive of the Philippines
railroad, fall of an airship, by means of use of pyrotechnics and incidentally, G.R. No. 3783, (1939)] or that of any member of his family, or against
motor vehicles, or with the use of any somebody within the premises is killed, the the life of any member of his cabinet or that of
other means involving great waste and crime is arson with homicide, a single Intent to kill any member of the latter’s family, shall suffer
ruin; indivisible crime penalized under Art. 326, General Rule: Conclusively presumed when the penalty of death. [REYES, Book 2]
d. On occasion of any of the Calamities which is death as a consequence of arson. death results.
enumerated in the preceding paragraph, [Id.] f. Article 251 - Death Caused in
or of an earthquake, eruption of a Exception: Evidence of intent is crucial to a Tumultuous Affray
volcano, destructive cyclone, epidemic, Outraging v. Scoffing [Id] finding of attempted or frustrated homicide
or any other public calamity; Outraging Scoffing [Yapyuco v. Sandiganbayan, G.R. No. 120744- Tumultuous Affray
e. With evident Premeditation; Definition 46] It is a commotion in a confused manner to an
f. With Cruelty, by deliberately and To commit an It means to leer and extent that it would not be possible to identify
inhumanly augmenting the suffering of extremely vicious or implies a showing of Physical Injuries who the killer is if death results, or who inflicted
the victim, or outraging or scoffing at his deeply insult in act. irreverence. Accused is liable for physical injuries if there is the serious physical injury, but the person or
person or corpse. Example no intent to kill on the part of the offender in an persons who used violence are known.
4. Killing is Not parricide or infanticide. The act of an When the intestines attempted or frustrated homicide. [REYES, [REYES, Book 2]
accused in having of the dead were Book 2]
Rules for the Application of the anal intercourse with removed and hung NOTE: It exists when at least four persons took
Circumstances which Qualify the Killing to the woman after around the neck of Accidental Homicide part. [id].
Murder killing her. [People v. the victim’s brother It is the death of a person brought about by a
1. If there are more than one alleged in the Butler, 120 SCRA “as a necklace” and lawful act performed with proper care and skill Elements: [SGQKAI]
information for murder, only one will qualify 281] the lungs and liver and without homicidal intent, there is no felony. 1. There are Several persons;
the killing to murder and the other were described as [Id] 2. They do not compose Groups organized for
circumstances will be taken as generic “pulutan.” [People v. the common purpose of assaulting and
aggravating circumstance. [REYES, Book Carmina, 193 SCRA e. Article 250 - Penalty for Frustrated attacking each other reciprocally;
2] 429] Parricide, Murder or Homicide 3. These several persons Quarreled and
2. When the other circumstances are assaulted one another in a confused and
absorbed or included in one qualifying d. Article 249 – Homicide Courts may impose a penalty: [Art 250] tumultuous manner;
circumstance, they cannot be considered 1. 2 degrees lower for frustrated parricide, 4. Someone was Killed in the course of the
as generic aggravating. [id] Elements: [KJ-IQ] murder, or homicide affray;
3. Any of the qualifying circumstances 1. Person was Killed; 2. 3 degrees lower for attempted parricide, 5. It cannot be Ascertained who actually killed
enumerated in Art. 248 must be alleged in 2. Offender killed him without any Justifying murder, or homicide. the deceased; and
the information. [US v. Campo, 23 Phil 369] circumstances; 6. The person or persons who inflicted serious
3. Offender had the Intention to kill The imposition of a penalty lower by one physical injuries or who used violence can
Element of Intent to Kill 4. Killing was not attended by any of the degree than that imposed under Arts. 50 and be Identified.
General Rule: Offender must have intent to kill Qualifying circumstances of murder, or by 51 depends on the courts, in view of the facts
to be liable for murder. that of parricide or infanticide of the case. [Id] Persons Liable [IK]
1. Person or persons who Inflicted the serious
Exception: In murder qualified by treachery, it No offense of Frustrated Homicide through Note that under the RPC, the following physical injuries
is required only that there is treachery in the Imprudence. penalties shall be imposed: 2. If it is not Known who inflicted the serious
attack, hence, there is murder even if offender The element of intent to kill in frustrated 1. Frustrated Felony - the penalty next lower physical injuries on the deceased, all
has no intent to kill the person assaulted. homicide is incompatible with negligence or in degree than that prescribed by law for persons who used violence upon the person
[REYES, Book 2] the consummated felony [Art. 50, RPC]. of the victim are liable.

Page 198 of 277 Page 199 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

h. Article 253 - Giving Assistance to If Offended Party is Hit and Wounded To intimidate To cause To demand
Presence of Conspiracy Suicide If in the discharge of a firearm, the offended or frighten a disturbance money or
If there is conspiracy, this crime is not party is hit and wounded, there is a complex person or scandal impose any
committed. The crime would be murder or Giving Assistance to Suicide crime of discharge of firearm with serious or other
homicide. [REYES, Book 2] Giving assistance to suicide means giving less serious physical injuries. [People v. condition
means (e.g., arms, poison, etc.) or whatever Arquiza, G.R. No. 42128-42129]
g. Article 252 - Physical Injuries manner of positive and direct cooperation (e.g., SECTION 2. INFANTICIDE AND ABORTION
Caused in Tumultuous Affray intellectual aid, suggestions regarding the Animus Interficendi
mode of committing suicide, etc.). [REYES, Intent to kill or animus inteficendi cannot be j. Article 255 – Infanticide
Elements: [TIK] Book 2] automatically drawn from the mere fact that the
1. There is a Tumultuous affray; use of firearms is dangerous to life. Animus Elements: [C-3]
2. A participant or some participants thereof Modes: [AL] interficendi must be established with the same 1. Child was killed by the accused;
Suffered serious physical injuries or 1. Assisting another to commit suicide, degree of certainty as is required of the other 2. Deceased child was less than 3 days old (72
physical injuries of a less serious nature whether the suicide is consummated or not; elements of the crime. [Dado v. People G.R. hours).
only; 2. Lending his assistance to another to commit No. 131421(2002)] Persons Liable:
3. Person responsible cannot be Identified; suicide to the extent of doing the killing 1. Father or mother of the child, whether
and himself. Discharge of Firearms v. Homicide legitimate or illegitimate; or
4. All those who appear to have used violence Discharge of 2. Any other legitimate ascendant of the child
Homicide/Murder
upon the person of the offended party are NOTE: The person who commits suicide is not Firearms [REYES, Book 2]
[Arts. 248/249]
Known. criminally liable; only the person assisting him [Art. 254]
or her. [Id.] As to Intent to Kill Must be Born Alive
Presence of Violence There must be no There is intent to kill It is necessary that the child be born alive and
All those who appear to have used violence Euthanasia – commonly known as mercy- intent to kill (conclusively viable (capable of independent existence). [US
shall suffer the penalty next lower in degree killing; the practice of painlessly putting to presumed if a person v. Vedra, G.R. No. 4779 (1908)]
than that provided for the serious physical death a person suffering from some incurable died)
injuries inflicted. [Art. 265, RPC] disease. As to Rationale Mitigating Circumstance
• A doctor who resorts to euthanasia of his The discharge was Intent was to kill Only the mother and maternal grandparents
Death Caused in Tumultuous Affray v. patient may be liable for murder. But if the intended merely to another are entitled to mitigating circumstances of
Physical Injuries Caused in Tumultuous patient himself asks to be killed by his frighten or cause concealing the mother’s dishonor. [Art. 255,
Affray doctor, this Article applies. [Id] alarm to the RPC]
Physical Injuries offended party
Death Caused in
Caused in i. Article 254 - Discharge of Firearms [People v. Hinolan, NOTE: The delinquent mother who claims to
Tumultuous
Tumultuous Affray C.A., 47 O.G. 3596, be concealing dishonor must be of good
Affray [Art. 251] [Art. 252] cited in Reyes, reputation and good morals [REYES, Book 2]
Elements: [DN]
Participants 1. Offender Discharges a firearm against or at Book Two].
The person killed The injured party in another person. Other Persons who Cooperate
in the course of the the crime of physical 2. Offender has No intention to kill that Alarms and Scandals vs. Discharge of Others who cooperate with the mother or
affray need not be injuries inflicted in a person. Firearms v. Grave Threats [BOADO] grandparent for killing a child less than 3 days
one of the tumultuous affray Discharge of Alarms and Grave old will suffer the penalty for murder. (US v.
participants in the must be one or Crime as long as Initially Aimed at Offended Firearms Scandals Threats Aquino, G.R. No. 11653]
affray. some of the Party [Art. 254] [Art. 155] [Art. 282]
participants. The crime is the discharge of firearm, even if As to the Place Parricide vs. Infanticide [Reyes]
[REYES, Book 2] the gun was not pointed at the offended party At any place Public place At any place Parricide Infanticide
when it fired, as long as it was initially aimed by (and aimed at [Art. 246] [Art. 255]
the accused at or against the offended party a specific As to Basis of Crime
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21, person) Based on
Based on the age of
cited in REYES, Book 2] As to Purpose relationship of
the child (must be
offender and the
less than 3 days old)
victim

Page 200 of 277 Page 201 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

As to Victim If the mother as a consequence of abortion and without the Mitigating Circumstances
May be committed Victim need not be a suffers death or physical injuries, there is a consent of the Penalty of pregnant woman is mitigated if her
against a relative relative complex crime of murder or physical injuries woman (e.g., purpose is to conceal her dishonor. [RPC, Art.
As to Applicability of Mitigating and abortion. [Id] administering 258(2)] There is no mitigation for parents of the
Circumstance drugs or pregnant woman even if the purpose is to
of Concealment of Dishonor Impossible Crime beverages upon conceal dishonor in abortion, unlike in
Mitigating If the woman turns out not to be pregnant and her) infanticide. [RPC, Art. 258(1)]
Not mitigating someone performs an abortion upon her, he is 3. Acting with the
circumstance
liable for an impossible crime if the woman consent of the
k. Article 256 - Intentional Abortion suffers no physical injury. [Id] pregnant woman Intentional Abortion vs. Abortion Practiced
(e.g., by the Woman Herself
Elements: [PVi-DI] Abortion v. Infanticide administering Abortion Practiced
Intentional
1. There is a Pregnant woman; Abortion [Art. drugs or by the Woman
Infanticide [Art. 255] Abortion
2. Violence is exerted, or drugs or beverages 256] beverages) Herself
Fetus could not Fetus could sustain As to Intent [Art. 256] [Art. 258]
administered, or that the accused otherwise
sustain an independent life Violence inflicted As to Liability
acts upon such pregnant woman;
3. As a result of the above acts, the fetus Dies, independent life. after separation from upon the pregnant Third person who Only the woman
either in the womb or after having been No legal viability. the mother’s womb. woman is caused the abortion herself or her parents
expelled therefrom; and Abortion is intended intentionally exerted is liable can be liable
4. Abortion is Intended. l. Article 257 - Unintentional by the accused, but As to Consent
Abortion without intending an Woman must have
Punishable Acts [VAAW] abortion. consented to the
1. Use of Violence upon the pregnant woman; Elements: [PVID] As to Knowledge of Pregnancy Abortion could have abortion.
2. Acting, but without using violence and 1. There is a Pregnant woman; Accused has knowledge as to the been done with or
without the consent of the woman. (e.g., by 2. Violence is used upon such pregnant pregnancy of the woman. without the consent Parents are liable if
administering drugs or beverages upon woman without intending an abortion; m. Article 258 - Abortion Practiced by of the pregnant they acted with the
such pregnant woman without her consent.) 3. The violence is Intentionally exerted; the Woman Herself or by Parents woman. pregnant woman’s
3. Acting (by administering drugs or 4. Result of violence – fetus Dies, either in the consent to conceal
beverages), With the consent of the womb or expelled therefrom Elements: [PIC-HCP] her dishonor
pregnant woman. 1. There is a Pregnant woman who suffered
Killed by Husband an abortion; n. Article 259 - Abortion by a
Persons Liable: If the pregnant woman was killed by violence 2. Abortion is Intended; Physician or Midwife and
1. Person who intentionally caused the by her husband, the crime committed is the 3. Abortion is Caused by – Dispensing of Abortives
abortion under Art. 256; and complex crime of parricide with unintentional a. Pregnant woman Herself;
2. Pregnant woman if she consented under abortion. [Id] b. Any other person, with her Consent; or Persons Liable
Art. 258 [REYES, Book 2] c. Any of her Parents, with her consent for 1. Physician or midwife who, taking
Intentional Abortion vs. Unintentional the purpose of concealing her advantage of their scientific knowledge or
Abortion Abortion dishonour. skill, shall cause an abortion or assist in
The willful killing of the fetus in the uterus or the Intentional causing an abortion.
Unintentional
violent expulsion of the fetus from the maternal Abortion Liability: 2. A pharmacist who, without proper
womb which results in the death of the fetus. Abortion [Art. 257]
[Art. 256] a. Pregnant Woman – under (a), (b), (c); prescription from a physician, shall
[REYES, Book 2] As to Mode of Commission liable under this Article dispense any abortive. [RPC, Art. 259]
Committed by: b. Third Person - under (b); liable under Art.
Frustrated Abortion 1. Using any 256 (Intentional Abortion) Elements (for Physicians or Midwifes):
Committed if the fetus that is expelled is viable violence upon the Committed only by c. Parents – if the parents acted with the [PIPA]
and, therefore, not dead. [Id] person of the violence, that is, pregnant woman’s consent under (c) to 1. Pregnant suffered an abortion;
pregnant woman actual physical force. conceal her honor, they are also liable 2. Abortion is Intended;
Complex Crime of Murder/Physical Injuries 2. Acting without under this article. [REYES, Book 2]
and Abortion using violence

Page 202 of 277 Page 203 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Offender is a Physician or midwife, who 2. Seconds - Persons who make the Punishable Acts: a. Becomes Deformed; or
caused or assisted in causing the abortion; selection of arms and fix the other Mode 1: Castration Mode 2: Mayhem b. Loses any other Member of his body; or
and conditions of the fight. [Id] As to Body Part c. Loses the Use thereof; or
4. Said physician or midwife took Advantage Castration is the Lopping or clipping d. Becomes Ill or incapacitated for the
of his or her scientific knowledge or skill. Imposable Penalty if Death Results mutilation of organs off any part of the performance of the work in which he was
If death results, the penalty is the same as that necessary for body of the offended habitually engaged for more than 90
Elements (for Pharmacists): [PPD] for homicide. [Id] generation; deprives party, other than the days;
1. Offender is a Pharmacist; the offended, either essential organ for 4. Becomes ill or incapacitated for labor for
2. No proper Prescription from a physician; Pre-Concerted Agreement to Fight totally or partially, of reproduction, to more than 30 days (but must not be more
and Self-defense cannot be invoked if there was a some essential deprive him of that than 90 days).
3. Offender Dispenses any abortive. pre-concerted agreement to fight, but if the organ for part of his body.
Imposable Penalty attack was made by the accused against his reproduction. [REYES, Book 2] Intent to Kill
The penalties provided for intentional abortion opponent before the appointed place and time, [REYES, Book 2] In physical injuries, there must be no intent to
shall be imposed in the maximum period. there is an unlawful aggression, hence, self- As to Purpose kill, otherwise the crime is frustrated/attempted
[REYES, Book 2] defense can be claimed. [Justo v. CA, G.R. No. Mutilation is caused Purposely and murder or homicide as the case may be. [Id]
L-8611] deliberately
It is not necessary that the pharmacist Physical Injuries v. Attempted or Frustrated
knows that the abortive would be used to p. Article 261 - Challenging to a Duel Intent Homicide
cause an abortion. Offender must have the intention to deprive the Attempted or
Physical Injuries
What is punished is the dispensing of the Modes: [CIS] offended party of a part of his body. If there is Frustrated
[Art. 263]
abortive without the proper prescription. It is 1. Challenging another to a duel; no such intention, the crime will be serious Homicide [Art. 249]
not necessary that the abortive be actually 2. Inciting another to give or accept a physical injuries. [REYES, Book 2] May be committed
used either. [REYES, Book 2] challenge to a duel; or even if no physical
No intent to kill
3. Scoffing at or decrying another publicly for b. Article 263 - Serious Physical injuries are inflicted
SECTION 3. DUEL offended party
having refused to accept a challenge to fight Injuries and the offender has
a duel. intent to kill party
o. Article 260 - Responsibility of Modes of Commission: [WoBAA]
Participants in a Duel Persons Responsible: 1. By Wounding; Characteristics of par. 1
1. Challengers 2. By Beating; ● Insanity – deranged or perverted condition
Modes: [DIC] 2. Instigators [REYES, Book 2] 3. By Assaulting; or of mental faculties and is manifested in
1. Killing one’s adversary in a Duel; 4. By Administering injurious substance. (Art. language and conduct. [People v.
2. Inflicting upon such adversary physical Challenging to Duel Different from Domingo, G.R. No. 184343]
264)
injuries; or Challenging to Fight ● Imbecility - a more or less advanced
3. Making a Combat although no physical The person making the challenge must have in decay and feebleness of the intellectual
Serious Physical Injuries
injuries have been inflicted. mind a formal combat to be concerted between faculties [Black’s Law Dictionary]
They are when the injured person, in
him and the one challenged in the presence of ● Impotence - an inability to copulate,
consequence of the physical injuries inflicted—
Persons Liable: [KS] two or more seconds. [REYES, Book 2] includes sterility.
[I-SMI-DMUI90-30]
1. The person who Killed or inflicted physical ● Blindness - must be of two eyes [REYES,
1. Becomes Insane, imbecilic, impotent or
injuries upon his adversary, or both 2. Chapter II: Physical Injuries Book 2]
blind
combatants in any other case, as principals. ● Penalty is 1 degree higher when the victim
2. If the person injured:
2. The Seconds, as accomplices. is under 12 years of age. [Sec. 10, RA
a. Article 262 – Mutilation a. Loses the use of Speech or the power to
7610]
hear or to smell, or loses an eye, a hand,
Definition of Terms Mutilation a foot, an arm, or a leg, or
1. Duel - Formal or regular combat previously Characteristics of par. 2
Lopping or clipping off of some part of the body b. Loses the use of any such Member; or
concerted between 2 parties in the ● Loss of power to hear - must be of both
[REYES, Book 2] c. Becomes Incapacitated for the work in ears. If hearing in only one ear is lost, it falls
presence of two or more seconds of lawful which he was theretofore habitually
age on each side, who make the selection under par. 3.
engaged, in consequence of the physical ● Blindness – requires the loss of an eye
of arms and fix all other conditions of the injuries inflicted; only, thus mere weakness of vision is not
fight. [REYES, Book 2] 3. If the person injured: contemplated [id.]

Page 204 of 277 Page 205 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

● Loss of the use of hand or incapacity for Qualifying Circumstances: Qualified Less Serious Physical Injuries Slapping of Offended Party
work - must be permanent. 1. If it is committed against any of the persons Addition of a Fine General Rule: Slapping is a form of ill-
● All the body parts mentioned are principal referred to in the crime of parricide under not exceeding treatment which is a form of slight physical
Higher Penalty
members of the body (eye, hand, foot etc.) Article 246; P50,000 injuries.
[Id] Imposed
2. If any of the circumstances qualifying [Sec. 60, RA 10951
murder attended its commission. [Art. 263, in re: Art. 265] Exception: If the slapping is done to cast
Characteristics of par. 3 RPC] The victim is either: dishonor upon the person slapped, or to
● It covers any other part of the body which 1. Offender’s humiliate or embarrass the offended party out
is not a principal member of the body. NOTE: The said qualified penalties are not 1. There is a parents, of a quarrel or anger, the crime is slander by
● Fingers of the hand are not principal applicable to parents who inflict serious manifest intent to ascendants, deed. [REYES, Book 2]
members and the loss of such fall under the physical injuries upon their children by insult or offend guardians,
third type. However, if it is proven that the excessive chastisement [Art, 263(7), RPC]] the injured curators or Summary:
loss of the fingers resulted in the loss of the person; or teachers; or Gravity Injury Days
use of the hand itself, it would fall under the c. Article 264 - Administering 2. There are 2. Persons of rank or Incapacity from
second type. [US v. Punsalan, G.R. No. Permanent
Injurious Substances or circumstances person in habitual work
7539 (1912)] adding ignominy authority, Illness/incapaci
Elements of Deformity: [UAV]
Beverages Over 90
to the offense. provided the Serious ty from habitual
1. Physical Ugliness, days
Elements: [IKI] crime is not direct [Art. 263] work
2. Permanent and definite Abnormality, assault. Illness/incapaci
and 1. Offender Inflicted any serious physical 31-90 days
injury; ty from labor
3. Conspicuous and Visible. Less Incapacity from
2. It was done by Knowingly administering to
him any injurious substance or beverages or e. Article 266 - Slight Physical Serious labor/medical
Illness or Incapacity under Pars 2, 3, and 4. 10-30 days
by taking advantage of his weakness of Injuries and Maltreatment [Art. 265] attendance
● What is required is illness or incapacity and required
not medical attendance. [REYES, Book 2] mind or credulity; and
3. There was no Intent to kill. Modes [1-9-PI] Incapacity from
● Injured party must have a vocation at labor/medical
the time of the injury - Incapacity 1. Physical injuries incapacitated the offended 1-9 days
NOTE: Art 264 does not apply when the party for labor from 1-9 days, OR required attendance
therefore must relate to a certain kind of required
work only [Id.] Physical Injuries Resulted to Less Serious or medical attendance during the same period;
Light as they will be treated under Art. 265 or 2. Physical injuries did not Prevent the Physical
● Work - includes studies or preparation for
Art. 266, as the case may be. [Id] offended party from engaging in his habitual injuries which
a profession. Mere lessening of efficiency
work or did not require medical attendance; did not prevent
due to injury is not incapacity. [Id] Slight
d. Article 265 - Less Serious Physical or the offended
● Type of Work [Art. 266
3. Ill-treatment of another by deed without party from Regardless
a. Par. 3 – work in which the offended party Injuries
causing any injury. engaging in of Days
is habitually engaged
habitual work
b. Par. 4 – any type of labor Elements: [IMP]
Duration of Incapacity or Medical nor did it
1. Offended party:
Attendance require medial
No Attempted or Frustrated Physical a. Is Incapacitated for labor for 10 days or
In the absence of evidence as to the duration attendance
Injuries more (but not more than 30 days); or
This felony is defined by the gravity of the b. Needs Medical attendance for the same of the offended party’s incapacity for labor or
period of time; medical attendance, the crime is only slight Physical Injuries vs. Attempted or
injury. It is a crime of result. As long as there is
physical injuries. [People v. Arranchado, G.R. Frustrated Homicide
no injury, there can be no attempted or 2. Physical injuries must not be those
frustrated stage thereof. [Id] described in the Preceding articles. No. L-13943] Physical Injuries Attempted or
[Art. 263, 265, 266] Frustrated
Supervening Event Converting the Crime Homicide
Committed through Reckless Imprudence
Serious physical injuries may be committed by Supervening event converting the crime into Existence of Physical Injuries
reckless imprudence or by simple imprudence serious physical injuries after the filing of the General Rule: The
May be committed
or negligence under Art. 365 in relation to Art. information for slight physical injuries can still offender must have
even if no physical
263. [Id] be the subject of amendment or of a new inflicted physical
injuries inflicted
charge. [People v. Manolong, G.R.No. L-2288] injuries

Page 206 of 277 Page 207 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Chronological Age or Intellectual Disability Rules on Accompanying Circumstances 1. Fathers against their daughters [People v.
Exception: In determining whether a person is twelve (12) 1. Force, Threat or Intimidation – It is not Bayona, G.R. No. 133343 (2000)]
Maltreatment (Art. years of age under par. (d), the interpretation necessary that the force employed against 2. Stepfathers against their stepdaughters
266(3)) should be in accordance with either the the complaining woman in rape be so great [People v. Vitor, G.R. No. 113690 (1995)]
Intent to Kill chronological age of the child if he or she is not or of such a character as could not be 3. A godfather against his goddaughter
No intent to kill the With intent to kill suffering from intellectual disability, or the resisted. It is enough that the force used is [People v. Casil, G.R. No. 110836 (1995)]
offended party offended party mental age if intellectual disability is sufficient to consummate the culprit's 4. Uncles against their nieces [People v.
established. [People v. Quintos, G.R. No. purpose of copulating with the offended Betonio, G.R. No. 119165 (1997)]
199402, (2014)] woman [People vs. Savellano, G.R. No. L- 5. The first cousin of the victim’s mother
3. Chapter III : Rape 31227 (1974)]. [People v. Perez, G.R. No. 129213 (1999)]
Classifications of Rape 2. Deprived of Reason or Unconscious –
a. Article 266 - A – Rape (as amended Rape by Sexual means that the victim has no will to give Qualified and Simple Seduction; When
by RA 8353) Sexual Assault
Intercourse consent intelligently and freely. [REYES, Absorbed
As to Offended Party Book 2] Rape by means of fraudulent machinations and
Mode 1: Rape by Sexual Intercourse Against a Woman or 3. Drowsiness - state of being drowsy, i.e., grave abuse of authority absorbs the crime of
Elements: [MCC-FRM12] Against a Woman
Man ready to fall asleep or half-asleep. [People qualified and simple seduction. [Id]
1. Offender is a Man; As to Offender v. Siarza, G.R. No. L-111682 (1997)]
2. Offender had Carnal knowledge of a Can now be 4. Statutory Rape - rape of a woman who is Seclusion Not Necessary
woman; committed by a man below 12 years of age; victim is Rape may, likewise, be committed in a room
3. Such act is accomplished under any of the or woman, that is, if a conclusively presumed incapable of giving adjacent to where the victim's family is
following Circumstances: Always a man woman or a man consent to sexual intercourse with another. sleeping, or even in a room shared with other
a. By using Force, threat or intimidation; uses an instrument [People v. Negosa, G.R. Nos. 142856-7 people. [People v. Glivano, G.R. No. 177565
b. When the woman is deprived of Reason on an orifice of male (2003)] (2008)]
or is otherwise unconscious; or woman
c. By means of fraudulent Machination or As to Commission of Offense Rule on Resistance Evidence
grave abuse of authority; or Inserting a finger General Rule: The law requires manifest and Any physical overt act manifesting resistance
d. When the woman is under 12 years of inside the genital of a tenacious resistance. A verbal refusal alone against the act of rape in any degree from the
age (Statutory Rape) or is demented. woman or man is will not do. There must be physical struggle, offended party; or Where the offended party is
Sexual intercourse taxing her powers to the utmost. Thus, mere so situated as to render him/her incapable of
rape through sexual
Mode 2: Rape through Sexual Assault assault within the initial resistance of the offended party in rape giving his consent. [REYES, Book 2]
Elements: [SM-PI-C-FDM12] context of object cases is not enough [REYES, Book 2 citing
1. Offender commits an act of Sexual assault; People vs. Lago, CA, 45 OG 1356] Sweetheart Doctrine
2. Act is committed by any of the following Operates on the theory that the sexual act is
Complete Penetration is Not Necessary
Means: Exception: Where the victim resists, and the consensual. It requires proof that the accused
In rape, from the moment the offender has
a. By inserting his Penis into another resistance would be futile, even offering none and the victim were lovers and that she
carnal knowledge of the victim, he actually
person's mouth or anal orifice; or at all does not amount to consent to the sexual consented to the sexual relations. [People v.
attains his purpose, all the essential elements
b. By inserting any Instrument or object into assault. [People vs. Las Piñas, Jr. G.R. No. Udang, G.R. No. 210161, (2018)]
of the offense have been accomplished.
the genital or anal orifice of another 133444, (2002)]
[People v. Orita, G.R. No. 88724 (1990)]
person; It was previously ruled that being sweethearts
3. Act is accomplished under any of the NOTE: When the offender in rape has an does not negate the commission of rape
Moreover, it is not the number of times that
following Circumstances: ascendancy on influence over the girl i.e. a because such does not give the appellant the
appellant ejaculated but the penetration or
a. By using Force or intimidation; or father over his daugher, it is not necessary that license to have sexual intercourse against the
‘touching’ that determines the consummation
b. When the woman is Deprived of reason she put up a determined resistance. [People v. victim’s will [People vs. Olesco, G.R. No.
of the sexual act. [People v. Ferrer, G.R. No.
or otherwise unconscious; or Metin, G.R. No. 140781 (2003)] 174861, (2011)]
142662 (2001); People v. Orilla, G.R. Nos.
c. By means of fraudulent Machination or
148939-40 (2004)]
grave abuse of authority; or Moral Ascendancy or Influence However, in the later case of People vs. Udang
d. When the woman is under 12 years of Moral ascendancy or influence exercised by [id.], it has been ruled that the theory may apply
NOTE: There is NO crime of frustrated rape.
age or demented. the accused over the victim substitutes for the in acts of lasciviousness and rape, felonies
[Id]
element of physical force or intimidation such committed against or without the consent of the
as those committed by: victim, it operates on the theory that the sexual

Page 208 of 277 Page 209 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

act was consensual. It requires proof that the a. Is afflicted with a Sexually transmissible d. Art. 266 - D - Presumptions Lack of Consent is a Fundamental Element
accused and the victim were lovers and that disease & the virus / disease is The involuntariness of the seizure and
she consented to the sexual relations. transmitted to the victim; Evidence which may be accepted: detention is the very essence of the crime.
b. Is a member of the AFP / PNP / any law 1. Any physical overt act manifesting Although the victim may have initially
Exception: Sweetheart doctrine cannot be enforcement agency / penal institution, & resistance against the act of rape in any consented to go with the offender to a place,
invoked in instances involving sexual took advantage of his position; degree from the offended party; or but the victim is thereafter prevented, with the
intercourse and lascivious conduct involving c. Knew of the Pregnancy of the offended 2. Where the offended party is so situated as use of force, from leaving the place where he
child abuse cases under RA 7610, where the party at the time of the commission of to render him/her incapable of giving was brought to with his consent and is detained
victim abused cannot validly give their consent rape; his/hear consent. [Art. 266-D, RPC] against his will, the offender is still guilty of
to another person. In cases involving minors, d. Knew of the Mental disability, emotional kidnapping and serious illegal detention.
consent is immaterial [id.]. disorder, or physical handicap of the [People v. Pickrell, G.R. No. 120409 (2003)]
offended party at the time of the I. CRIMES AGAINST PERSONAL Detention is Illegal
Rape Shield Rule commission of rape LIBERTY AND SECURITY Detention is illegal when it is not ordered by
Character of the offended woman is immaterial 3. If Rape is committed in Full view of the competent authority nor permitted by law.
in rape. [People vs. Udang, id.] spouse, parent, any of the children, or other [REYES, Book 2]
relatives w/in the 3rd civil degree of 1. Chapter I: Crimes Against
Marital Rape consanguinity Liberty Placing Victim in an Enclosure is Not
Prior to RA 8353, a husband cannot be guilty Necessary
of rape, however, under Art. 266-C of RA 8353, NOTE: Special qualifying circumstances have SECTION 1. ILLEGAL DETENTION It is not necessary that the victim be placed in
he may now be held guilty. [People v. to be alleged in the information for it to be an enclosure, as long as he is deprived, in any
Jumawan, G.R. No. 187495 (2014)] appreciated. [People v. Gallo] manner, of his liberty. It suffices that there be
a. Article 267 - Kidnapping and
Special Complex Crime actual or manifest restraint on the person or
1. When the rape is attempted and a
Serious Illegal Detention liberty of the victim. [People v. Cortez, et al.,
c. Art. 266 - C - Effect of Pardon
homicide is committed by reason of or on G.R. Nos. 131619-20 (2000)]
the occasion of attempted rape; and Elements [PPu-K-I-MoSSTMiFP]:
The following shall extinguish the criminal
2. When by reason of or on occasion of 1. Offender is a Private individual or a Public Lack of Freedom to Leave at Will is
action or the penalty imposed:
consummated rape, homicide is committed. Officer who has no duty under the law to Sufficient
1. Subsequent valid marriage between the
[REYES, Book 2] detain a person; Leaving a child in the house of another, where
offender and the offended party, but only
2. He Kidnaps or detains another, or in any he had freedom of locomotion but not the
as to the husband.
other manner deprives the latter of his
b. Article 266 - B – Qualified Rape 2. Subsequent forgiveness by the wife as the freedom to leave it at will, deprives him of
liberty;
offended party when the legal husband is liberty [People v. Acosta, 60 O.G. 6999, cited
3. Detention or kidnapping is Illegal; and
Qualifying Circumstances the offender, provided their marriage is not in REYES, Book 2].
4. In the commission of the offense, any of the
1. If the victim: [18-C-7-M] void ab initio. [REYES, Book 2]
following circumstances is present: Qualifying Circumstances: [RKDRT]
b. Is under 18 yrs. old, & the offender is a
a. Kidnapping lasts for More than 3 days; When any of the following circumstances are
parent, ascendant, step-parent, Applicability of Pardon; Only to Principals
b. It is committed Simulating public present, the penalty shall be death:
guardian, relative by consanguinity or Pardon is not applicable to accomplices,
authority; 1. Purpose is to extort Ransom.
affinity w/in the 3rd civil degree, or the accessories and multiple rapes. Since rape is
c. Any Serious physical injuries are 2. When the victim is Killed or Dies as a
common law spouse of the parent of the now categorized as a crime against persons,
inflicted upon the person kidnapped or consequence of the detention.
victim marriage extinguishes the penal action only as
detained or Threats to kill him are made; 3. When the victim is Raped.
c. Is under the Custody of the police / to the principal. This does not apply where
or 4. When victim is subjected to Torture or
military authorities / law enforcement multiple rape was committed because while
d. Person kidnapped or detained is a dehumanizing acts.
agency marriage with one defendant extinguishes
Minor, Female, or a Public officer.
d. Is a religious and such legitimate criminal liability, it cannot be extended to acts
vocation is known by the offender before committed by others. [REYES, Book 2] Ransom
Essential Element Means money, price or consideration paid or
or at the time of rape
The essential element of kidnapping is the demanded for the redemption of a captured
e. Is a child below 7 yrs. old;
deprivation of the offended party’s liberty under person that would release him from captivity.
f. Suffered permanent or physical
any of the four instances enumerated. [People
Mutilation or disability by reason or on No specific form of ransom is required and it
v. Suarez, G.R. No. L-27352 (1969)]]
the occasion of rape does not matter whether or not ransom was
2. If the offender: [SAPMF]

Page 210 of 277 Page 211 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

actually paid. [People v. Jatulan, G.R. No. Illegal Detention v. Arbitrary Detention detention. If serious, it has no effect. [Asistio v. By making By detaining By failing to
171563 (2007)] [REYES, Book 2] Hon. San Diego, G.R. No. L-21991 (1964)] an arrest not a person deliver such
● Actual demand for ransom is Illegal Detention Arbitrary Detention authorized without legal person to the
unnecessary, as long as it can be proven [Art. 267] [Art. 124] c. Article 269 - Unlawful Arrest by law ground proper
that the kidnapping was done for the As to Offender although the judicial
purpose of extorting money. [REYES, Book Private individual or Public Elements [ADN] offender has authority
2] 1. Offender Arrests or detains another person;
public officer/employee authority to within a
● If kidnapping is for ransom, none of the 2. Purpose of the offender is to Deliver him to
officer/employee with a legal duty to make arrests certain
4 circumstances under Art. 267 needs to the proper authorities; and
be present. [People v. Cenahonon, G.R. who has no legal detain persons period.
3. Arrest or detention is Not authorized by law
169962 (2007)] duty to detain a
or there is no reasonable ground therefor.
person SECTION 2. KIDNAPPING OF MINORS
Elements of Kidnapping for Ransom [LDR] As to Acts Committed Offender
1. Intent on the part of the accused to deprive Offender kidnaps, The offender may be a private individual or a d. Article 270 - Kidnapping and
Public officer detains
the victim of Liberty detains, or public officer but the public officer must not be Failure to Return a Minor
2. Actual Deprivation of liberty a person without
otherwise deprives a vested with the authority to arrest or be acting
3. Motive of the accused: extorting Ransom legal ground. Elements [ED]:
person of liberty. in his official capacity. [REYES, Book 2]
for release of victim [People v. Ejandra, As to Classification 1. Offender is Entrusted with the custody of a
G.R. No 174659 (2008)] Arbitrary Detention v. Unlawful Arrest v. minor person (under 18 years of age)
Crime against the
Crime against Delay in the Delivery of Detained Persons 2. He Deliberately fails to restore the said
Special Complex Crime of Kidnapping with fundamental laws of
personal liberty [REYES, Book 2] minor to his parents or guardians
Murder/Homicide the State
Delay in
Where the person kidnapped is killed in the Unlawful Arbitrary Delivery of When Offender is a Parent
course of the detention, regardless of whether b. Article 268 - Slight Illegal Detention The penalty if the offender is a parent, is that
Arrest Detention Detained
the killing was purposely sought or was merely provided in Art. 271 which is arresto mayor.
[Art. 269] [Art. 124] Persons
an afterthought, the crime is a special complex Elements [PKIW]: [REYES, Book 2]
crime and the maximum penalty shall be 1. Offender is a Private individual; [Art. 125]
imposed as provided by the last paragraph of 2. He Kidnaps or detains another, or in any As to Offender Failure to Return a Minor included in
Art. 267. [People v. Ramos, G.R. No. 118570 other manner deprives him of his liberty. Any person Public officer Kidnapping and Serious Illegal Detention
(1998)] 3. Kidnapping or detention is Illegal; and As to Purpose of the Offender The deliberate failure to return a minor under
4. Crime was committed Without the Intention to No intention Intention to one’s custody constitutes deprivation of liberty.
When Murder and not Kidnapping attendance of any of the circumstances bring the to bring the bring the Kidnapping and failure to return a minor is
a. If the primary and ultimate purpose of enumerated in Article 267. offender to offender to offender to necessarily included in kidnapping and serious
the accused is to kill the victim - the the proper the proper the proper illegal detention of a minor under Article 267(4).
incidental deprivation of the victim’s liberty Liability of Person Furnishing the Place [People v. Generosa, G.R. No. L-69236 (1986)]
authority authorities. authority and
does not constitute kidnapping but is The liability of one who furnishes the place
and file a Intention is file a case
merely a preparatory act to the killing and where the offended party is being held captive Failure to Return Minor v. Serious Illegal
is absorbed by the killing of the victim. is that of a principal and not of an accomplice. case merely to
Detention
[People v. Delim, G.R. No. 142773 (2003)] [REYES, Book 2] detain him.
Kidnapping and
b. If from the acts of the accused it cannot As to the Classification Failure to Return
Serious Illegal
be inferred that the latter’s purpose was Privileged Mitigating Circumstance [R3AC] Crime Crime Against Fundamental a Minor
Detention of
to actually detain or deprive the victim The penalty is lowered if: against Law of the State [Art. 270]
of his liberty - the subsequent killing of the 1. Offended party is voluntarily Released Minors [Art. 267]
Liberty
As to Offender
victim did not constitute the crime of within 3 days from the start of illegal Cause for Detention
kidnapping. The demand for ransom does detention; Offender is Offender is not
Detention is without legal Detention is
not convert the crime into kidnapping, if no 2. Without Attaining the intended purpose; and entrusted with the entrusted with the
ground for some
deprivation of liberty was involved. [People 3. Before the institution of the Criminal action. custody of the minor custody of the
legal ground.
v Padica, G.R. No. 102645 (1993)] minor.
How Crime is Committed
NOTE: Voluntary release will only mitigate
criminal liability if crime was slight illegal

Page 212 of 277 Page 213 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Hence, where a and the custody of the minor children is given Service under Compulsion v. Exploitation Elements of the First Punishable Act
minor child was to one of them. [REYES, Book 2] of Child Labor [UWWF]:
taken without the Service under Exploitation of 1. Place is Uninhabited;
knowledge and SECTION 3. SLAVERY AND SERVITUDE Compulsion Child Labor 2. Accused found there a person Wounded or
consent of his [Art. 274] [Art. 273] in danger of dying;
parents, the crime is f. Article 272 – Slavery As to the Victim 3. Accused can render assistance Without
detriment to himself; and
kidnapping and Does not distinguish
Elements [PuSeKiDe-E]: Victim must be a 4. Accused Fails to render assistance.
serious illegal whether or not the
1. Offender Purchases, Sells, Kidnaps or minor
detention under victim is a minor
Detains a human being; and Uninhabited Place
Article 267. [People As to the Person Compelled to Work Whether a place is to be considered
2. Purpose of the offender is to Enslave such
v. Mendoza, G.R. person. The debtor himself The minor is uninhabited or not depends on the possibility of
No. 180501 (2008)] is the one compelled compelled to render a person receiving assistance from another.
As to Act Punished Qualifying Circumstance to work for the services for the The place may still be considered uninhabited
What is punished is What is punished is The penalty is increased if the purpose of the offender supposed debt of even if there are many houses around if the
the deliberate failure the illegal detaining offender is to assign the offended party to some his parents or possibility of receiving assistance is remote
of the offender or kidnapping of the immoral traffic. [REYES, Book 2] guardian [id.]
having custody of minor As to Nature of Work
g. Article 273 - Exploitation of Child NOTES:
the minor to restore Limited to household
Labor Service is not limited ● This provision does not apply when the
him to his parents or work or farm labor
offender intentionally wounds another
guardians [REYES, Book 2]
Elements [RAD]:
1. Offender Retains a minor in his services;
2. Chapter II: Crimes Against ● The child under 7 years old must be found
e. Article 271 - Inducing a Minor to Security in an unsafe place [id]
2. It is Against the will of the minor; and
Abandon His Home 3. It is under the pretext of reimbursing himself
● It is immaterial that the offender does not
SECTION 1. ABANDONMENT OF know that the child is under seven. [id]
of a Debt incurred by an ascendant,
Elements [MI]: HELPLESS PERSONS AND EXPLOITATION
guardian or person entrusted with the
1. Minor (under 18) is living in the home of his
custody of such minor. OF MINORS b. Article 276 - Abandoning a Minor
parents or guardians or the person
entrusted with his custody; and Elements [CSAN]:
h. Article 274 - Services Rendered a. Article 275 - Abandonment of
2. Offender Induces said minor to abandon 1. Offender has the Custody of a child;
such home. Under Compulsion in Payment of Persons in Danger and 2. Child is under Seven years of age;
Debt Abandonment of Own Victim 3. He Abandons such child; and
Requisites of Inducement 4. He has No intent to kill the child when the
Inducement must be: [AID] Elements [HoLA-Pay]: Punishable Acts [UAC] latter is abandoned.
1. Actual, 1. Offender compels a debtor to work for him, 1. Failing to render assistance to any person
2. Committed with criminal Intent, and either: whom the offender finds in an Uninhabited Qualifying Circumstances [DD]:
3. Determined by a will to cause Damage. a. As a Household servant; or place, wounded or in danger of dying when 1. When the Death of the minor resulted from
[REYES, Book 2] b. Farm Laborer; he can render such assistance without such abandonment; or
2. It is Against the debtor’s will; detriment to himself, unless such omission 2. If the life of the minor was in Danger
Minor Need Not Actually Abandon his Home 3. Purpose is to require or enforce Payment of shall constitute a more serious offense. because of the abandonment.
The minor should not leave his home of his own a debt. 2. Failing to help or render assistance to
free will. What constitutes the crime is the act another whom the offender has Abandonment
of inducing a minor to abandon the home of his Accidentally wounded or injured; Permanent, conscious and deliberate
guardian, and it is not necessary that the minor 3. Failing to deliver a Child, under seven abandonment is required. Abandonment is not
actually abandons the home. [REYES, Book 2] years of age, whom the offender has found the momentary leaving of a child but is a
abandoned, to the authorities or to his deprivation of care and protection from danger
Parents may Commit the Crime family, or by failing to deliver him to a safe to his person. [People v. Bandian, G.R. No.
Father or mother may commit the crimes in Art. place. 45186 (1936)]
170 and 171 where they are living separately

Page 214 of 277 Page 215 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

No Presumption of Intent to Kill Notes: or circus manager or engaged in a similar Summary of Ages of Minors
The ruling that the intent to kill is presumed a. Termination of obligation to educate calling; Minor is one who is:
from the death of the victim of the crime is children – such obligation terminates if 3. Employing any Descendant under 12 years 1. Below 18 years of age
applicable only to crimes against persons, and the mother and children refuse without of age in dangerous exhibitions a. Kidnapping and Failure to Return a
not to crimes against security, particularly the good reason to live with the accused. enumerated in the next preceding Minor [Art. 270]
crime of abandoning a minor under Art. 276. [People v. Miraflores, C.A.-G.R. No. paragraph, the offender being engaged in b. Abandonment of Minor Entrusted
[REYES, Book 2] 43384] any of the said callings; with His Custody; Indifference of
b. Failure to give education must be due 4. Delivering a child under 16 years of age Parents [Art. 277]
Loss of Parental Authority to deliberate desire to evade such gratuitously to any person following any of c. Swindling a Minor [Art. 317]
If the offender is the parent of the minor who is obligation – if the parents cannot give the callings enumerated in mode 2, or to 2. Below 16 years of age
abandoned, he shall be deprived of parental education because they had no means any habitual vagrant or beggar, the a. Exploitation of Minors (Pars. 1, 2, 4
authority. [Art. 332, New Civil Code] to do so, then they will not be liable under offender being an ascendant, guardian, and 5) [Art. 278]
this article. [REYES, Book 2] teacher or person entrusted in any capacity 3. Below 12 years of age
c. Article 277 - Abandonment of with the care of such child; a. Exploitation of Minors (Par. 3) [Art.
Minor by Person Entrusted With Abandonment of Minor by Person 5. Inducing any child under 16 years of age to 278]
Entrusted with Custody v. Abandonment of abandon the home of its ascendants, 4. Below 7 years of age
Custody; Indifference of Parents
a Minor guardians, curators or teachers to follow a. Abandoning a Minor [Art. 276]
Abandonment by any person engaged in any of the callings b. Abandonment of helpless persons
Punishable Acts [DEd]: Abandonment of
Person Entrusted mentioned in paragraph 2 or to accompany in danger and abandonment of
1. Delivering a minor to a public institution or Minor
with Custody any habitual vagrant or beggar, the one’s own victim (Par 3) [Art.
other persons without the consent of the [Art. 276] offender being any person. 275(3)]
one who entrusted such minor to the care [Art. 277]
of the offender or, in the absence of that As to Custody of the Offender
Qualifying Circumstances: e. Article 279 – Additional Penalties
one, without the consent of the proper Custody specific to
Delivery of the child in consideration of any
authorities; the rearing or for Other Offenses
Custody in general price, compensation, or promise. [Art. 278,
education of the RPC]
Elements [RedC]: child Other Penalties may be Imposed
a. Offender was in charge of the Rearing The penalties prescribed in Art 275-278 shall
As to Age of the Minor Other Effects if Offender is Convicted:
or education of a minor; not prevent the imposition of penalties under
Minor must be under Minor must be under 1. Guardian or Curator – shall be removed as
b. He Delivers said minor to a public other provisions of the RPC upon the same
18 7 such.
institution or other persons; and offender.
As to Act of Abandonment 2. Parents – may be deprived of their parental
c. No Consent was obtained from the one
Minor is abandoned authority, temporarily or perpetually, at the
who entrusted such child to the SECTION 2. TRESPASS TO DWELLING
Minor is delivered to court’s discretion [Art. 278, RPC].
offender; or if such person is absent, the in such a way as to
a public institution or
proper authorities have not consented deprive him of care f. Article 280 - Qualified Trespass to
other person Exploitation of Minors v. Inducing a Minor
to it. and protection Dwelling
to Abandon his Home [REYES, Book 2]
2. Neglecting his (offender’s) children by not Exploitation of Inducing a Minor
d. Article 278 - Exploitation of Minors Minors [Art. 278, to Abandon His Elements [PEW]
giving them the Education which their 1. Offender is a Private person;
station in life requires and financial par. 5] Home [Art. 271]
Punishable Acts [DEDDI]: 2. He Enters the dwelling of another; and
condition permits As to Purpose
1. Causing any boy or girl under 16 years of 3. Such entrance is against the latter’s Will.
Purpose is to follow
age to perform any Dangerous feat of Purpose is to simply
Elements [PES]: any person engaged Qualifying Circumstance:
balancing, physical strength or contortion, induce the minor to
a. Offender is a Parent; the offender being any person; in any of the callings Offense is committed by means of violence or
b. He neglects his children by not giving leave his home.
2. Employing children under 16 years of age mentioned intimidation.
them Education; and who are not the children or descendants of As to Age of Victim
c. His Station in life requires such the offender in Exhibitions of acrobat, Dwelling Place
Victim is under 16 Victim is a minor
education and his financial condition gymnast, rope-walker, diver, or wild-animal The place that a person inhabits. It is any
years or 12 years of (below 18 years of
permits it. tamer, the offender being an acrobat, etc., building or structure exclusively devoted for
age age)
rest and comfort. It includes the dependencies

Page 216 of 277 Page 217 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

which have interior communication with the dwelling as an aggravating circumstance g. Article 281 - Other Forms of SECTION 3. THREATS AND COERCION
house. [REYES, Book 2] [REYES, Book 2] Trespass
h. Article 282 - Grave Threats
It is not necessary that it be the permanent Owners may be Guilty of Trespass Elements [CUMN]:
dwelling of the person. A person’s room in a Trespass may be committed by the owner of a 1. Offender enters the Closed premises or the Punishable Acts [AWC]
hotel may be considered a dwelling. It also dwelling (i.e. lessor enters the house leased to fenced estate of another; 1. Threatening another with the infliction upon
includes a room where one resides as a another against the latter’s will). [People v. 2. Entrance is made while either of them is his person, honor or property or that of this
boarder. [REYES, Book 2] Almeda et al.,15 Phil 223] Uninhabited; family of any wrong amounting to a crime
3. Prohibition to enter is Manifest; and and demanding money or imposing any
Authority to Invite into House What is Not Considered Trespass [PSC]: 4. Trespasser has Not secured the permission other condition, even though not unlawful,
All members of a household are presumed to 1. Entrance to another’s dwelling made for the of the owner or the caretaker thereof. and the offender Attained his purpose;
have authority to extend an invitation to enter purpose of Preventing some serious harm 2. Making such threat Without the offender
the house. [US v. Dulfo, G.R. No. 4133 (1908)] to himself, the occupants of the dwelling, or Premises attaining his purpose;
a third person. “Premises” signifies distinct and definite 3. Threatening another with the infliction upon
Prohibition Required 2. If the purpose is to render some Service to locality. It may mean a room, shop, building or his person, honor or property or that of his
General Rule: Prohibition must be in existence humanity or justice. definite area, but in either case, locality is fixed. family of any wrong amounting to a Crime,
prior to or at the time of entrance. The entrance 3. If the place where entrance is made is a [REYES, Book 2] the threat not being subject to a condition.
must be against the presumed, or implied, or Café, tavern, inn, and other public house,
express prohibition of the occupant. Lack of while the same are open. Qualified Trespass v. Other Forms of Elements:
permission does not amount to prohibition. Trespass [REYES, Book 2] Mode 1: Mode 2: Mode 3:
[People v. De Peralta, G.R. No. 17332 (1921)] Violation of Domicile vs. Trespass to Qualified Trespass Threatening Threat w/o Threat of
Dwelling Other Forms of
to Dwelling [Art. , even if not attaining crime
Exception: Prohibition is not necessary when Violation of Trespass to Trespass [Art. 281]
280] unlawful purpose [TCNN]
violence or intimidation is employed by the Domicile [Art. 128] Dwelling [Art. 280]
As to Offender [TCDA] [TCDN]
offender (qualified trespass). [REYES, Book 2] Classification
● Violence or intimidation may take place Offender is a private Offender is any 1. Offender Threatens another person with
Crimes against the infliction upon the latter’s person, honor
immediately after the entrance [US v. Crime against person person
Fundamental Laws or property, or upon that of the latter’s
Arceo, G.R. No. 1491 (1904)] Security As to the Premises Entered
of the State family, of any wrong.
Offender enters
Implied Prohibition As to Offender Offender enters a 2. Such wrong amounts to a Crime.
closed premises or
1. If the entry is made by a way not intended Public officer or dwelling 3. There is a Demand for 3. Threat is
fenced estate
for entry, it is presumed to be against the will employee, not money or that any other Not subject
Private individual As to Place
of the occupant (example, entry through a authorized by any condition is imposed, even to a
Place entered is Place entered is
window). [REYES, Book 2] judicial order though not unlawful. condition.
inhabited uninhabited
2. When one enters the dwelling of another at As to Manner of Commission
As to Act Punished 4. Offender 4. Offender
late hour of the night after the occupants 1. Entering the
Entering the closed Attains his does Not
have retired and closed their doors does so dwelling against
against their will. Prohibition is presumed. premises or the purpose. attain his
the will of the Entering the purpose.
[US v. Mesina, G.R. No. 6717 (1911); US v. fenced estate
owner dwelling against the
Panes, G.R. 7987 (1913)] without securing the
2. Surreptitiously Entering the will of the owner Third Type of Grave Threats
permission of the
Crime Committed if a Person is Killed entering the dwelling against the The third type of grave threats must be serious
owner or caretaker.
If a person was killed after trespass by the swelling and will of the owner. and deliberate; the offender must persist in the
As to Prohibition
offender, the following crimes are committed: refusing to leave idea involved in his threats. The threat should
Prohibition to enter is Prohibition to enter not be made in the heat of anger, because such
1. If there was no intent to kill when he after being
express or implied must be manifest is punished under Article 285. If the condition
entered: separate crimes of homicide or required to do
murder qualified by trespass to dwelling. so. is not proved, it is grave threats of the third
2. If there was intent to kill when he type. [REYES, Book 2]
entered: the crime is homicide/murder with

Page 218 of 277 Page 219 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualifying Circumstance: 4. Offender has Attained his purpose or, that felony) or not As to Whom Violence is Directed
If the threat was made in writing or through a he has Not attained his purpose. exceeding 30 days Intimidation is Intimidation is
middleman, penalties imposed will be that of (light felony) directed against the directed against the
the maximum period. [REYES, Book 2] NOTE: Blackmailing may be punished under As a Penalty victim or his family victim only
this article. [REYES, Book 2]
Not a distinct
Offended Party Need Not be Present A distinct penalty
penalty Elements
It is not necessary that the offended party was Grave Threats v. Light Threats [REYES,
[REYES, Book 2] Mode 1: Mode 2:
present at the time the threats were made. It is Book 2]
Preventing Compelling
sufficient that the threats came to the Grave Threats Light Threats
knowledge of the offended party. [REYES, [Art 282] [Art 283] k. Article 285 – Other Light Threats something not Another to do
Book 2] Prohibited by Law Something against
Acts Threatened to be Committed
Punishable Acts [WDACN] [PVN] his Will [CVN]
Act threatened does 1. Threatening another with a Weapon;
When Consummated Act threatened 1. Offender 1. Offender
not amount to a 2. Drawing such weapon in a quarrel, unless it
As soon as the threats came to the knowledge amounts to a crime Prevented another Compelled another
crime be in lawful self-defense;
of the offended party. [REYES, Book 2] from doing to do something
As to Demand for Money 3. Orally threatening another, in the heat of something not against his will; be it
Commission of Crime Threatened Demand for Anger, with some harm constituting a prohibited by law right or wrong
If there is another crime actually committed or money/imposition of Crime, without persisting in the idea
Demand is not an 2. Effected by Violence, threats or
the objective of the offender is another crime any condition is an involved in his threat; and
essential element 4. Orally threatening to do another any harm intimidation
and the threat is only a means to commit or a essential element
under mode 3. Not constituting a felony. 3. Restraint is Not made under authority of
mere incident to its commission, the threats are whether attained or
absorbed by the latter. [REYES, Book 2] If Uttered in Anger law or in the exercise of any lawful right
not.
If the threats are directed to a person who is
Example: When threats are made and money absent and uttered in a temporary fit of anger, When Prevention is Not Considered
j. Article 284 - Bond for Good the offense is only other light threats. [People Coercion [REYES, Book 2]
or property is demanded on the spot, the crime
Behavior v. Fontanilla, G.R. No. 39248 (1934)] a. Interruption of religious worship [Art. 132,
may be robbery with intimidation. [US v.
Osorio, G.R. No. 6660 (1912)] RPC].
When a Person is Required to Give Bail Other Light Threats v. Grave/Light Threats b. Acts tending to prevent the meeting of the
Bond Other Light Grave Threats Assembly and similar bodies. [Art. 143,
Sec. 1(h) of PD 1829 (Obstruction of
When the offender threatens another under the Threats and Light Threats RPC].
Justice)
circumstances mentioned in: c. Violation of parliamentary Immunity. [Art.
Threatening the infliction of any wrong upon [Art 285] [Arts. 282 and 283]
1. Art. 282 (Grave Threats); or 145, RPC].
another’s person, honor, or property or that of As to Demand/Condition
2. Art. 283 (Light Threats). d. Light coercion [Art. 287, RPC].
any of his immediate family members or the No demand for In certain cases,
imposition of a condition, whether lawful or money or condition demand or condition
unlawful, shall be punished as obstruction of Bond for Good Behavior v. Bond to Keep When Compulsion is not Considered
the Peace is imposed is material Coercion [REYES, Book 2]
justice when the purpose of such is to prevent
Bond for Good Bond to Keep the As to Threat a. Expulsion [Art 127, RPC]
a person from appearing in the investigation of,
or official proceedings in criminal cases. [Sec Behavior Peace Threat is not Threat is deliberate b. Kidnapping of debtor to compel him to pay
1(h), P.D. No. 1829] [Art 284] [Art 35] deliberate [Art. 267, RPC]
As to Applicability to Cases
i. Article 283 - Light Threats Applicable only to l. Article 286 - Grave Coercions When Consummated
Not applicable to Coercion is consummated even if the offended
grave threats and
any particular case Threats v. Coercion party did not accede to the purpose of coercion.
Elements [T-N-D-AN]: light threats
1. Offender makes a Threat to commit a Threats Coercion [US v. Cusi, G.R. No. 3699 (1908)]
Effect of Failure to Give
wrong; He shall be He shall be detained As to Threatened Harm
2. Wrong does Not constitute a crime; Qualifying Circumstances [SRR]
sentenced to for a period not Threatened harm
3. There is a Demand for money or that other Threatened harm is 1. Violation of the exercise of the right of
destierro. exceeding 6 months must be imminent, Suffrage
condition is imposed, even though not future and
(if prosecuted for actual, and 2. Compelling another to perform any
unlawful; and conditional
grave/less grave immediate Religious Act

Page 220 of 277 Page 221 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Preventing another to perform any Unjust Vexation c. He forces or compels, directly or a. Article 290 - Discovering Secrets
Religious act [REYES, Book 2] It includes any human conduct which, although indirectly, or knowingly permits to be through Seizure of
not productive of some physical or material forced or compelled, any of his or its Correspondence
Grave Coercion v. Illegal Detention [REYES, harm would, however, unjustifiably annoy or laborers or employees to Purchase
Book 2] vex an innocent person. [REYES, Book 2] merchandise or commodities of any
Elements [PSDI]:
Grave Illegal Maltreatment of kind from him or from said firm or
1. Offender is a Private individual or a public
Coercion Detention Prisoners Grave Coercion v. Unjust Vexation [REYES, corporation.
officer not in the exercise of his official
[Art. 286] [Art. 267- [Art. 235] Book 2] function;
268] Grave Coercion Unjust Vexation 2. Paying the wages due his laborer or
2. He Seizes the papers or letters of another;
[Art. 286] [Art. 287] employee by means of Tokens or object
As to Offender 3. Purpose is to Discover the secrets of such
As to Violence and Intimidation other than the legal tender currency of the
Any Private Public Officer or another person; and
There is violence There is no violence Philippines, unless expressly requested by
person individual employee 4. Offender is Informed of the contents of the
such laborer or employee.
As to Offended Party and intimidation or intimidation papers or letters seized.
Offended party is not a Offended party is Elements [TON]:
Light Coercion v. Robbery v. Estafa [Boado] NOTE: Discovering secrets through seizure of
prisoner a prisoner a. Offender (employer) pays the wages
Estafa by correspondence cannot be committed through
As to Essential Element due a laborer or employee by means of
Light Means of negligence. [REYES, Book 2]
Coercion Actual Maltreatment Robbery Tokens or object;
Coercion Deceit b. Those tokens or Objects are not the
or confineme related to [Art. 294] Persons Not Covered by Art. 290
[Art. 287] [Art. 315 (2 & legal tender currency of the Philippines;
prevention nt or correction/handli Provision is not applicable to parents,
3)] c. Such employee or laborer does Not
by restraint of ng of prisoner or guardians, or persons entrusted with the
Property Value of the No obligation expressly request that he be paid by
violence, the person to extort a custody of minors placed under their care or
seized is property on the part of means of tokens or objects.
threats or confession or custody, and to the spouses with respect to the
applied to seized is the offended papers or letters of either of them. [Id.]
intimidatio information
debt by greater than party (no debt o. Article 289 - Formation,
n.
means of the debt and is involved) Maintenance, and Prohibition of Qualifying Circumstance
violence. violence, but deceit Combination of Capital or Labor Offender reveals the contents to a third person.
There is
no clear
intimidation caused through Violence or Threats [id]
intent of
or use of damage to (repealed by Labor Code)
force upon him. b. Article 291 - Revealing Secrets with
depriving
of liberty.
things is Elements [ViCo]: Abuse of Office
employed 1. Offender employs Violence or threats, in
such a degree as to compel or force the Elements [MES-L-R]:
m. Article 287 - Light Coercions laborers or employers in the free and legal 1. Offender is a Manager, Employee or
n. Article 288 - Other Similar
exercise of their industry or work; and Servant;
Elements [CresSViA]: Coercions
2. Purpose is to organize, maintain or prevent 2. He Learns the secrets of his principal or
1. Offender must be a Creditor; Coalitions of capital or labor, strike of master in such capacity; and
2. He Seizes anything belonging to his debtor; Punishable Acts [PT]
laborers or lockout of employers. 3. He Reveals such secrets.
3. Seizure of the thing is accomplished by 1. Forcing or compelling, directly or indirectly,
means of Violence or a display of material or knowingly permitting the forcing or
3. Chapter III: Discovery and Damage Immaterial
force producing intimidation; and compelling of the laborer or employee of
An employee, manager, or servant who reveals
4. Purpose of the offender is to Apply the the offender to Purchase merchandise of Revelation of Secrets the secret of his master or principal shall be
same to the payment of the debt. commodities of any kind from him;
liable regardless of the damage suffered by the
principal or master. [REYES, Book 2]
NOTE: Any other coercion or unjust vexation is Elements [OLP]:
also punishable under this provision. a. Offender is any person, agent or Officer
Secrets Learned in the Course of
of any association or corporation;
Employment
b. He or such firm or corporation has
Essence of this crime is that the offender
employed Laborers or employees;
learned of the secret in the course of his

Page 222 of 277 Page 223 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

employment. With the reason being that no one 2. The manufacturing or industrial b. Prohibitive articles may be the subject of Elements of “Personal Property belonging
has a right to the personal privacy of another. establishment has a Secret of the industry a Robbery - example: Opium [U.S. v. Sana to Another” and “Intent to Gain” must
[id.] which the offender has learned; Lim, G.R. No. 9604, (1914)] concur:
3. Offender Reveals such secrets; and c. Person from whom the personal a. If the accused, with intent to gain, took from
Discovering Secrets through Seizure of 4. Prejudice is caused to the owner. property taken need not be the owner - another, personal property which turned out
Correspondence v. Public Officer possession of the property is sufficient. to be his own property, the property not
Revealing Secrets of Private Individual vs. NOTES: [REYES, Book 2] belonging to another, he cannot be held
Revealing Secrets with Abuse of Office 1. Secrets must relate to manufacturing d. Co-owner or Partner cannot commit liable for robbery;
Discovering Public Revealing processes [REYES, Book 2] Robbery – following the rule that property b. If he took personal property from another,
Secrets Officer Secrets 2. The revelation of the secret might be made stolen must belong to another; a co-owner believing that it was his own property, but in
through Revealing with Abuse even after the employee or workman had or partner cannot commit robbery with reality it belonged to the offended party,
Seizure of Secrets of of Office ceased to be connected with the regard to the co-ownership or partnership there being no intent to gain, he cannot be
establishment. [id.] property. [id.] held liable for robbery. [id.]
Corresponde Private [Art. 291]
nce Individual
2. There is unlawful Taking of that 4. There is:
[Art. 290] [Art. 230] J. CRIMES AGAINST property; a. Violence against or intimidation of any
As to Offender
Private Public Manager,
PROPERTY person; or
Taking - Depriving the offended party of b. Force used upon things.
Individual or Officer Employee ownership of the thing taken with the character
Public Officer or Servant 1. Chapter I: Robbery in General of permanency [Bernal vs. CA, G.R. No. L- General Rule: Violence or intimidation must be
not in the serving a 32798, (1988)] present before the taking of personal property
exercise of his Principal or a. Article 293 – Who Are Guilty of is complete.
official Master Robbery Unlawful taking is complete:
functions a. As to Robbery with Violence against or Exception: When violence results in:
As to Where Secrets are Contained Classifications of Robbery: [ViFo] Intimidation of Persons – From the a. Homicide;
1. Robbery with Violence against, or moment the offender gains possession of b. Rape;
Papers or No specific No specific
intimidation of persons (Arts. 294, 297 & the thing, even if the culprit had no c. Intentional mutilation; or
letters of medium. medium. opportunity to dispose the same.
298); and d. Any of the serious physical injuries
another What is The b. As to Robbery with Force Upon Things – penalized in paragraphs 1 and 2 of Art. 263;
2. Robbery by use of Force upon things (Art.
necessary offender The thing must be taken out of the building
299 & 302) [REYES, Book 2]
is that the learns of to consummate the crime [id.] Taking of personal property is robbery
offender the secret Elements of Robbery in General [PTI-ViFo]: complexed with any of those crimes under Art.
learns of by reason 1. There is a Personal property belonging to When Crime is Estafa and not Robbery 294, even if the taking was already complete
the secret of her or his another; If the thing is lawfully seized and the idea of when the violence was used by the offender.
by reason employmen 2. There is unlawful Taking of that property; misappropriating it is conceived only after it
of his office t. 3. The taking must be with Intent to gain; and came into their possession, the crime Violence must be Against the Person
As to Revelation of Secrets 4. There is: committed would be estafa. [U.S. vs. Sana Lim, Offended
a. Violence against or intimidation of any supra] The violence must be against the person of the
Secrets need Secrets must be revealed
person; or offended party, not upon the thing taken.
not be
b. Force used upon things 3. The taking must be with Intent to gain; [REYES, Book 2]
revealed. and
1. There is a Personal property belonging
c. Article 292 - Revelation of to another; Intent to Gain is Presumed
Industrial Secrets Intent to gain is presumed from the unlawful
Rules: taking of personal property belonging to
Elements: a. Property taken must be personal – if real another, unless taken with the belief that it was
1. Offender is a person in charge, employee or property/right is the one usurped, the crime his own. REYES, Book 2]
workman of a manufacturing or industrial is usurpation under Art. 312. [REYES, Book
Establishment; 2].

Page 224 of 277 Page 225 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Violence Against or Intimidation of Persons against or intimidation of persons, even if the e. Becomes ill or incapacitated for labor for When Not Complexed
vs. Force Upon Things robbery was committed after the offender had more than 30 days, but not more than 90 In the following instances, there will be two
Violence Against entered the same through a window, or after days. separate crimes of homicide or murder and
or Intimidation of Force Upon Things breaking its door or wall. [REYES, Book 2] 7. If the Violence employed by the offender: robbery [id.].:
Persons a. Does not cause any of the serious 1. When homicide was not committed by
As to Effect SECTION 1. ROBBERY WITH VIOLENCE physical injuries defined in Art. 263, or reason of or on occasion of the robbery
AGAINST OR INTIMIDATION OF PERSONS b. If the offender employs intimidation only. 2. When intent to take was merely an
Whenever violence There is robbery
afterthought; such as when the idea of
against or only if force is used
intimidation of any to: [EBF]
b. Article 294 – Robbery with NOTE: The crime defined in this article is a taking the personal property of another with
Violence or Intimidation of special complex crime. [REYES, Book 2] intent to gain came to the mind of the
person is used, the 1. Enter the offender after he had killed the victim.
taking of personal building; Persons
This article only applies where robbery with
property belonging 2. Break doors, violence against or intimidation of persons However, homicide may precede robbery
wardrobes, Punishable Acts: [HRIP-UNoV]
to another is always takes place without entering an inhabited or may occur after the robbery. What is
chests, or any 1. When by reason or on occasion of the
robbery house under the circumstances in Art. 299 essential is that there be a direct and
other kind of robbery, the crime of Homicide is
(Robbery in an Inhabited House or Public intimate relation/connection between the
locked or sealed committed;
Building) [Napolis vs. CA, G.R. No. L – 28865, robbery and killing, provided that the taking
furniture or 2. When the robbery is accompanied by Rape
(1972)] is not merely an afterthought [REYES,
receptacle inside or intentional mutilation or arson;
3. When by reason or on occasion of such Book 2]
the building; or Special Complex Crimes Under Art. 294:
3. Force them open robbery any of the physical injuries resulting
There is Robbery with Homicide even if:
outside after in Insanity, imbecility, impotency or
1. Robbery with Homicide a. The killing is done to suppress evidence,
taking the same blindness is inflicted;
as long as the robbery is “the reason” of the
from the building 4. When by reason or on occasion of robbery,
Homicide - is to be understood in its generic homicide [People vs. Madrid, G.R. No. L-
[Art. 299 & 302, any of the Physical injuries penalized in Art.
sense as to include parricide and murder 3023, (1951)]
RPC] 263(2) [Serious Physical Injuries] is inflicted;
[REYES, Book 2] b. The death of a person supervened by mere
As to Basis of Penalty a. Loss of the use of speech or the power
accident [People vs. Mangulabnan, G.R.
Penalty depends on: If committed in an to hear or to smell, or the loss of an eye,
Robbery must be the Main Purpose No. L-8919, (1956)]
a hand, a foot, an arm or a leg; or
[RIn] inhabited house, A conviction for robbery with homicide requires c. The person killed was a bystander and not
b. Loss of the use of any such member; or
1. Result of the public building, or certitude that the robbery was the main the person robbed [People vs. Barut, G.R.
c. Incapacity for the work in which the
violence used edifice devoted to purpose and objective of the criminals and that No. 179943, (2009)]
injured person is theretofore habitually
(e.g., whether religious worship, the killing was merely incidental, resulting
engaged is inflicted.
homicide, rape or the penalty is based merely by reason or on the occasion of the Covers Multiple Killings
5. If the violence or intimidation employed in
physical injuries robbery. [People vs. Salazar, G.R. No. 99355, The concept of robbery with homicide does not
on: [VA] the commission of the robbery is carried to
were also (1997)] limit the taking of life to one single victim.
1. Value of the thing a degree clearly Unnecessary for its
committed); and
taken; and commission.
2. Existence of “By reason or on occasion of the robbery” All the homicides or murders are merged in the
2. Whether 6. When in the course of its execution, the
Intimidation. - means that the homicide or serious physical composite, integrated whole, so long as all the
offenders carry offender inflicted upon any person Not
injuries must be committed in the course or killings were perpetrated by reason or on the
Arms responsible for the commission of the
Value of the thing robbery any of the Physical Injuries covered because of the robbery. Otherwise, they shall occasion of the robbery. [People vs. Madrid,
taken is immaterial. by Art 263(3 & 4) of the RPC; when the be separate offenses [REYES, Book 2] id.]
[id.] person injured becomes:
a. Becomes deformed; or Absorption of Other Felonies Committed All Participants Are Principals
Effect When Both Violence or Intimidation All the felonies committed by reason of or on General Rule: All those who took part as
b. Loses any other member of his body; or
and Force Upon Things are Present c. Loses the use thereof; or the occasion of the robbery (e.g., rape, principals in the robbery would also be held
When the offender takes personal property intentional mutilation, etc.) are integrated into liable as principals of the single and indivisible
d. Becomes ill or incapacitated for the
belonging to another with intent to gain and one and individisible felony of robbery with felony of robbery with homicide
performance of the work in which he is
employs violence against or intimidation on any habitually engaged for labor for more homicide [id.].
person, the crime is robbery with violence than 90 days; or Exception: When it clearly appears that one or
some of them endeavored to prevent the same.

Page 226 of 277 Page 227 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

[People vs. Hernandez, G.R. No. 139697, Covers Multiple Rapes are absorbed in the crime of robbery as an performance of an
(2004)] All rapes are merged in the composite element thereof [REYES, Book 2] act
integrated whole that is robbery with rape and
NOTES: There is no crime of robbery with it does not matter whether the rap occurred NOTE: Violence or intimidation may enter at c. Art. 295 – Robbery with Physical
murder. If treachery is present, it shall be before, during or after the robbery [People v. any time before the owner is finally deprived of
Seguis, G.R. No. 135034, (2001)]
Injuries Committed in an
considered as a generic aggravating his property [id.]
circumstance [People vs. Abang, G.R. No. L- Uninhabited Place and by a Band
14623, (1960)] NOTE: Additional acts of rape committed on Threats to Extort Money vs. Robbery or With the Use of a Firearm on a
same occasion of robbery will not increase the through Intimidation [REYES, Book 2] Street, Road or Alley
Robbery with Homicide vs. Highway penalty, also they shall neither be considered Threats to Extort Robbery Through
Robbery aggravating circumstances [REYES, Book 2] Money Intimidation Qualified Robbery with Violence Against or
Robbery with Highway Robbery [Art. 282] [Art. 294] Intimidation of Persons (Art. 294 par. 3, 4
Homicide [Art. 294] [PD 532] Rape as an Aggravating Circumstance As to the Nature of the Intimidation and 5):
As to the Proof Required for Conviction When Rape and Homicide co-exist in the If committed: [U-BAES]
Conditional or future Actual and
Conviction for Conviction for commission of Robbery, Rape is considered as 1. In an Uninhabited place, or
Immediate
an aggravating circumstance [People vs. 2. By a Band, or
robbery with highway robbery As to How Intimidation is Done
Ganal, G.R. No. L-1990, (1950)] 3. By Attacking a moving train, street car,
homicide merely requires proof that May be through an Personal motor vehicle, or airship, or
requires proof that several accused All Participants are Principals Intermediary 4. By Entering the passengers’ compartments
the homicide was were organized for Based on the concept of conspiracy, all As to Whom Intimidation is Directed in a train, or in any manner taking the
committed by the purpose of robbers may be held liable for robbery with May refer to the directed only to the passengers thereof by surprise in the
reason or on the committing it rape even if not all of them committed the crime person, honor or person of the victim respective conveyances; or
occasion of a indiscriminately. of rape [People vs. Balacanao, G.R. No. property of the 5. On a Street, road, highway, or alley, and
robbery 118133, (2003)] offended party or the intimidation is made with the use of
[REYES, Book 2] Firearms
that of his family
3. Robbery with Arson
As to the Culprit’s Gain
2. Robbery with Rape In robbery with arson, it is essential that the NOTE: Above circumstances must be alleged
robbery precedes the arson. Gain is not Gain is immediate in the information. Moreover, these 5 qualifying
Like in robbery with homicide, the offender
must have the intent to take the personal immediate circumstances cannot be offset by a generic
property belonging to another with intent to There must be an intent to commit robbery, and mitigating circumstance. [REYES, Book 2]
gain, and such intent must precede the rape. no killing, rape or intentional mutilation should Robbery vs. Bribery
[REYES, Book 2] be committed in the course of the robbery, or Robbery Bribery Uninhabited place
else arson will only be considered as an [Arts. 293 & 294] [Art. 210-211-A] One where there are no houses at all, a place
NOTE: Even if the rape was committed in aggravating circumstance [BOADO]. As to the Manner of Commission at a considerable distance from the town, or
another place, it is still robbery with rape [US Victim is deprived of Victim voluntarily where the houses are scattered at a great
vs. Tiongco, G.R. No. L-12270, (1918)] 4. Robbery with Serious Physical Injuries his personal parts with his money distance from each other. [REYES, Book 1]
Any injuries not under Art. 263 or not serious in property by violence, or property.
Rape may be Committed before taking the nature will fall under a Simple Robbery Imposable Penalty
intimidation or force
Personal Property [REYES, Book 2] Offender found liable under this article shall be
upon things.
They intention of the culprits from the punished by the maximum periods of the
In Robbery with Unnecessary Violence and As to Purpose of Deprivation of Property proper penalties in Art. 294. [id.]
beginning was to take personal property. Even
if the rape was committed before the taking, Intimidation under par. 4, the Violence need not Offender simply Money or gift
they are guilty of robbery with rape. [People vs. result in Physical Injuries; all that Art. 294 intends to gain. obtained by the d. Art. 296 – Definition of a Band and
Canastre, G.R. No. L-2055 (1948)] requires is that the violence be unnecessary for person bribed was Penalty Incurred by the Members
the commission of the robbery. [Id.] meant as thereof
No Crime of Robbery with Attempted Rape consideration for the
Art. 294, par. 2, which punishes robbery with 5. Simple Robbery agreement of Rule: [4-AP]
rape (consummated) does not cover robbery Under Par. 5 or Simple Robbery, this involves performance or non- 1. When at least 4 (more than 3) armed
with attempted rape. [REYES, Book 2] slight or less serious physical injuries, which malefactors take part in the commission of

Page 228 of 277 Page 229 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a robbery, it is deemed committed by a NOTE: Use of an unlicensed firearm by a band homicide. [People v. Villanueva, G.R. No. 2. Even if there was No entrance by any of
band. cannot be offset by a generic mitigating 2676, (1939)] those means, he broke a wardrobe, chest,
2. When any of the Arms used in the circumstance [REYES, Book 2] or any other kind of locked or closed or
commission of robbery is not licensed, f. Article 298 – Execution of Deeds by sealed furniture or receptacle in the house
penalty upon all the malefactors shall be the e. Article 297 – Attempted and Means of Violence or Intimidation or building, or he took it away to be broken
maximum of the corresponding penalty Frustrated Robbery Committed or forced open outside. [REYES, Book 2]
provided by law, without prejudice to the under Circumstances Elements: [IC-VI]
criminal liability for illegal possession of 1. Offender has Intent to defraud another; g. Article 299 – Robbery in an
such firearms. 2. Offender Compels him to sign, execute, or Inhabited House/Public Building or
Elements: [AF-H]
3. Any member of a band who was present at 1. There is Attempted or Frustrated robbery deliver any public instrument or document; Edifice Devoted to Worship
the commission of a robbery by the band, and
2. A Homicide is committed on the same
shall be punished as Principal of any of the occasion 3. Compulsion is by means of Violence or Mode 1: Entering Effected Through Force
assaults committed by the band, unless it be Intimidation. Elements: [E-E-T]
shown that he attempted to prevent the Homicide in its Generic Sense 1. Offender Entered: [EBR]
crime. Homicide under Art. 297 is used in its generic NOTE: a. An inhabited House; or
sense and includes multiple homicides, ● "Public" describes the word "instrument" b. Public Building
Requisites for Liability for the Acts of Other only. Hence, this article applies even if the c. Edifice devoted to Religious worship
murder, parricide, or even infanticide [REYES,
Members: [MPAP] document signed, executed or delivered is
Book 2] 2. Entrance was effected by any of the
1. He was a Member of the band. a private or commercial document. following means: [OBFN]
2. He was Present at the commission of a [REYES, Book 2]
Imposable Penalty: a. Through an Opening not intended for
robbery by that band. General Rule: Reclusion temporal in its ● Art 298 is not applicable if the document is entrance or egress;
3. Other members of the band committed an void [Id.]
maximum period to reclusion perpetua b. By Breaking any wall, roof, or floor, or
Assault.
door or window;
4. He did not attempt to Prevent the assault. Exception: If the homicide deserves a higher Execution of Deeds by Means of Violence or c. By using False keys, picklocks or similar
penalty. Thus, in an attempted or frustrated Intimidation vs. Grave Coercion tools; or
NOTE: Conspiracy is presumed when robbery robbery, and the killing of the victim is qualified Execution of Grave Coercion d. By using any fictitious Name or
is committed by band [REYES, Book 2] by treachery or relationship, the proper penalty Deeds by Means of [Art. 286] pretending the exercise of public
for murder or parricide shall be imposed Violence or authority.
No Crime of “Robbery with Homicide in a because it is more severe. [id] Intimidation [Art. 3. Once inside the building, offender Took
Band”
298] personal property belonging to another with
If the robbery with homicide is committed by a
If Homicide is not Consummated, the As to the Manner of Commission intent to gain.
band, the indictable offense would still be crimes of Robbery and Attempted or
denominated as "robbery with homicide" under Violence is used in Violence is used in
Frustrated Homicide: Imposable Penalty
Art. 294(1), but the circumstance that it was compelling the compelling the
1. May be Considered as separate crimes; Penalty depends on the value of property taken
committed by a band would be appreciated as 2. May be Complexed (Art. 48) offended party to offended party to and on whether or not offender carries arm.
an ordinary aggravating circumstance. [id.] 3. May be considered as one crime, one sign or deliver the sign or deliver the [REYES, Book 2 citing Art. 299, RPC]
crime being absorbed by the other document, with document, without
Use of Loose Firearm [REYES, Book 2] intent to defraud intent to defraud Inhabited House vs. Public Building
The use of a loose firearm, when inherent in [REYES, Book 2] [REYES, Book 2]
the commission of a crime punishable under Attempted or Frustrated robbery with Inhabited House Public Building
the RPC or other special laws, shall be Serious Physical Injuries, Art. 48 is SECTION 2. ROBBERY BY THE USE OF Any shelter, ship or Every building owned
considered as an aggravating circumstance. applicable FORCE UPON THINGS vessel constituting the by the Government or
Provided, that if the crime committed with the When the offense committed is attempted or dwelling of one or belonging to a private
use of a loose firearm is penalized by the law frustrated robbery with serious physical Robbery by the use of force upon things is more persons even person but used or
with a max penalty which is lower than that injuries, Art. 48 (penalty for complex crimes) is committed only when either: [299-302-N] though the inhabitants rented by the
prescribed for illegal possession of firearm, the applicable, since the felony would fall neither 1. Offender entered a house or building by any thereof are temporarily Government, although
penalty for illegal possession of firearm shall be under Art. 294 which covers consummated of the means specified in Art. 299 or Art. absent therefrom temporarily
imposed in lieu of the penalty for the crime robbery with homicide nor under Art. 297 which 302; or when the robbery is unoccupied by the
charged [Sec. 29, RA 10591] covers attempted or frustrated robbery with committed. same.

Page 230 of 277 Page 231 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Rules: worship, regardless of the circumstances i. Article 301 – What is an Inhabited e. A closed or sealed receptacle was
1. Offender must "enter the house or under which he entered it. House, Public Building or Building Removed, even if the same be broken
building in which the robbery is 2. Offender takes personal property belonging Dedicated to Religious Worship open elsewhere.
committed." The whole body must enter to another, with intent to Gain, under any of 6. That with intent to Gain, the offender took
the building or house. Thus, if the offender the following circumstances:
and Their Dependencies therefrom personal property belonging to
merely inserted his hand through an a. Breaking of doors, wardrobes, chests, or another.
Inhabited House vs. Public Building
opening in the wall or used a pole through any other kind of locked or sealed
the window to get the clothes inside the furniture or receptacle; or [SEE: Art. 299] NOTES:
room, while the offender remained outside b. Taking such furniture or objects away to ● The "uninhabited place" mentioned in Art.
the house or building, the crime committed be broken or forced open outside the Dependencies 302 is a building, because paragraphs Nos.
is theft, not robbery. [REYES, Book 2] place of the robbery. All interior courts, corrals, warehouses, 1 and 3 speak of "entrance," which
granaries or inclosed places contiguous to the necessarily refers to a building. [REYES,
2. There must be intention to take
building or edifice, having an interior entrance Book 2]
personal property. If there is no evidence NOTES:
connected therewith, and which form part of
to show that the intention of the accused 1. Entrance into the building by any of the ● Breaking padlock is use of force upon
the whole. [Art. 301(2), RPC]: [CIP] things. [id.]
was to commit robbery upon entering the means mentioned in 299 (a) is not required
building. The crime committed is attempted in robbery under 299 (b). [REYES, Book 2] 1. Contiguous to the building;
trespass to dwelling under Art. 280 (2), 2. Must have an Interior entrance connected Building
2. "Door" refers only to "doors, lids, or
RPC [People v. Tayag, G.R. L-40512, opening sheets" of furniture or other therewith; Includes any kind of structure used for storage
3. form Part of the whole. [REYES, Book 2]
(1934)] portable receptacles — not to inside doors or safekeeping of personal property, ex. freight
3. Means enumerated must be used to of a house or building. [id.] car and warehouse. [U.S. vs. Magsino, G.R.
enter the house. It does not refer to the NOTE: Orchards and other lands used for No. 1339, (1903)]
method used to exit [REYES, Book 2], nor cultivation or production are not included in the
to open a trunk in the house [U.S. vs. terms of the next preceding paragraph, even if
There is No Robbery in the following cases:
Macamay, G.R. No. 11952, (1917)]. closed, contiguous to the building and having
1. When the use of false keys was to open a
wardrobe from which the offender took direct connection therewith. [Art 301 (3), RPC] Use of Fictitious Name or Pretense of
False Keys personal property; Art. 299(b) requires that Authority
The genuine key must be stolen, not taken by the same be broken, not merely opened j. Article 302 – Robbery in an The use of fictitious name or pretending the
force or with intimidation, from the owner. [Id.]. Uninhabited Place or in a Private exercise of public authority is not a means of
Otherwise, the crime would be robbery with 2. When a person opens by force a certain Building entering the building under this article, because
intimidation of persons. [REYES, Book 2] locked or sealed receptacle which has the place is uninhabited and no person could
been confided into his custody and takes Elements: [U-OBFaSeR-G] be deceived thereby. [id.]
Picklocks the money contained therein, is guilty of 4. Offender Entered an Uninhabited place or
Picklocks or similar tools are those specially estafa and not robbery [id.] a building which was not a dwelling house, Furniture or receptacle here is "sealed or
adopted to the commission of the crime of public building, nor edifice devoted to closed."
robbery. [Art. 304, RPC] h. Article 300 – Robbery in an religious worship. The furniture or receptacle here is "sealed or
Uninhabited Place and by a Band 5. That any of the following circumstances closed."as opposed to Art. 299, it is either
Use of Fictitious Names or Pretending to was present: "locked or sealed." [id.]
Exercise Authority Must be the Efficient Elements: [RBU] a. Entrance was effected through an
Cause 1. Robbery in an inhabited house, public Opening not intended for entrance or When a person who had entered a warehouse,
Using fictitious names or pretending to building or edifice devoted to religious egress; or opened without breaking, a closed but not
exercise of public authority must be the worship b. A wall, roof, floor, or outside door or locked chest and took therefrom personal
efficient cause of the opening by the offended 2. Committed by a Band; and window was Broken; or property would be liable for theft [id.]
party [REYES, Book 2] 3. In an Uninhabited place. c. Entrance was effected through the use
of False keys, picklocks or other similar
Mode 2: Acquisition of Property through NOTE: Qualified robbery with violence or tools; or
Force intimidation of persons (Art. 295) is committed d. A door, wardrobe, chest, or any Sealed
Elements: [I-GBT] in an uninhabited place OR a band. or closed furniture or receptacle was
1. Offender is Inside a dwelling house, public broken; or
building, or edifice devoted to religious

Page 232 of 277 Page 233 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

k. Article 303 – Robbery of Cereals, 2. Chapter II: Brigandage a. Giving them information about the Philippine 2. Kidnap to necessarily
Fruits, or Firewood in an movement of police or other peace highways. extort or in highways.
Uninhabited Place or Private PD 532: Anti-Piracy and Anti-Highway officers of the government, or get
Robbery Law of 1974 b. Acquires or receives property taken by ransom
Building such pirates or brigands; or 3. Attain
Highway Robbery/Brigandage c. In any manner derives any benefit any other
Imposable Penalty
The seizure of any person for ransom, extortion therefrom; and purpose
In cases enumerated in Arts. 299 and 302, the 2. Any person who directly or indirectly Abets
or other unlawful purposes, or the taking away by force
penalty is 1 degree lower when robbery the commission of piracy or highway
of the property of another by means of violence or
consists in the taking of cereals, fruits, or robbery or brigandage violence
firewood. [REYES, Book 2] against or intimidation of person or force upon
things of other unlawful means, committed by As to the Number of Robberies
any person on any Philippine Highway. [Sec. NOTE: It shall be presumed that any person Committed
Cereals
2(e), PD 532] who does any of the acts provided in this Indiscriminat To commit To commit a
Seedlings which are the immediate product of
Section has performed knowingly, unless the e, not several particular
the soil. The palay must be kept by the owner
Philippine Highway contrary is proven.
as “seedling” or taken for that purpose by the isolated. robberies robbery.
robbers. [id.] Refers to any road, street, passage, highway As to the Formation of Band
and bridges or other parts thereof, or railway or a. Article 306 – Brigandage
Offenders
l. Article 304 – Possession of railroad within the Philippines used by persons,
Elements: [4B-RKV] need not
or vehicles, or locomotives or trains for the
Picklocks or Similar Tools movement or circulation of persons or 1. There be at least 4 armed persons constitute a
Offenders must be in a
transportation of goods, articles, or property or 2. They formed a Band of robbers band; a
Elements: [PRN] band
both. [Sec. 2(c), PD 532] 3. Purpose of formation is to: single
1. Offender possesses Picklocks or similar (i.e. at least 4)
a. Commit Robbery in the highway; or offender may
tools; Elements: [HIC] b. Kidnap for the purpose of extortion or to commit the
2. Such picklock or similar tools are especially obtain ransom; or crime.
1. Robbery takes place along a Philippine
adopted to the commission of Robbery; c. Attain by means of force and Violence
Highway; As to the Conspiracy among the
and any other purpose.
2. Act of Robbery must be Indiscriminate, it Members
3. Offender does Not have a lawful cause for
should not be an isolated case; and Mere Mere Mere
such possession. NOTE: If any of the arms carried by the
3. Victim was not predetermined. [Abay, Jr. V. conspiracy to formation of conspiracy
People. G.R. No. 165896, (2008)] offenders is an unlicensed firearm, all are
Qualifying Circumstance: constitute is a band for to commit
presumed highway robbers or brigands
If the person who makes such tools is a [REYES, Book 2] not any purpose robbery is
NOTE: The robbery must be directed not only
locksmith, the penalty is higher. punishable. indicated in not
against specific, intended or perceived victims,
but against any and all prospective victims [id.] Art. 306 is punishable.
m. Article 305 – False Keys Arms punishable
Evidence The arms carried by the members of the band As to the Victim
False Keys include: [304-GO] It is highway robbery only when it can be of robbers may be any deadly weapon. Thus, Victim is Not Victim is Preconceived.
1. Tools mentioned in Art. 304 (picklocks or proven that the malefactors primarily organized Brigandage may be committed without the use Preconceive
other similar tools) themselves for the purpose of committing that of a firearm. [REYES, Book 2] d.
2. Genuine keys stolen from the owner. crime. [Ibañez vs. People, G.R. No. 204990, [REYES, Book 2]
3. Any keys Other than those intended by the (2017)] Highway Robbery vs. Brigandage
owner for use in the lock forcibly opened by Highway Robbery in
the offender. Brigandage b. Article 307 – Aiding and Abetting a
Person Considered as an Accomplice [Sec. Robbery a Band
[Art. 306] Band of Brigands
4, id.]: [PD 532] [Art. 296]
Lost or Misplaced Any person who knowingly and in any manner: As to Purpose
A lost or misplaced key found by another and Elements: [BK-AIA]
1. Aids or Protects pirates or highway Indiscriminat 1. Commit To Commit
not returned to its rightful owner is considered 1. There is a Band of brigands;
robbers/brigands, such as: ely robbery in robbery, but
as a false key stolen from the owner [Regalado] 2. Offender Knows the band to be of brigands;
commit a not and
robbery in highway 3. Offender does any of the following acts:

Page 234 of 277 Page 235 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. In any manner Aids, abets or protects 3. Hunt or fish upon the same 4. Water [RA 8041/National Water Crisis Act] b. Article 309 – Penalties
such band of brigands; or or gather fruits, cereals or
b. Gives them Information of the other forest or farm Joyride constitutes intent to gain. The basis of the penalty in theft is: [SPC]
movements of the police or other peace products. A joyride in an automobile taken without the 1. Value of the thing Stolen, or
officers; or consent of its owner constitutes "taking with 2. Value and nature of the Property taken, or
c. Acquires or receives the property taken NOTE: Fishing should not be in intent to gain" [People vs. Bustinera, G.R. No., 3. Circumstances that impelled the culprit to
by such brigands. the fishpond within the field or 148233, (2004)] commit the crime. [REYES, Book 2]
estate, otherwise it is Qualified
NOTE: It is presumed that the person No Theft in Sale of Partner or of Co-owned c. Article 310 – Qualified Theft
Theft. [Reyes, Book Two]
performing any of the acts provided in Art. 307 Property
[REYES, Book 2]
has performed them knowingly, unless the Unlawful disposition of the share belonging to Theft is qualified if: [DoG-MoMCaCoF-Ca]
contrary is proven. [Art. 307, RPC] a partner or a joint owner may be a violation of 1. Committed by a Domestic servant; or
Theft vs. Robbery
a contract and a trespass upon the rights of 2. Committed with Grave abuse of confidence;
Theft Robbery
3. Chapter III: Theft another, but it is not an act constituting the or
[Art. 306] [Arts. 293-294] crime of theft. [U.S. vs. Reyes, G.R. No. 2867, 3. If the property stolen consists of:
Presence of Violence (1906)]
a. Article 308 – Who are Liable for Offender does not There is violence or
a. Motor vehicle
Theft b. Mail matter
use violence or intimidation or Force Rationale: Before the dissolution of the c. Large Cattle
intimidation of upon things partnership or the division of the property held d. Coconuts taken from the premises of a
Summary of Modes of Commission Under in common, no part of the property of the
persons or force plantation; or
Art. 308: partnership or the property held in common
upon things e. Fish taken from a fishpond or fishery; or
MODE Elements truly belongs to a partner or co-owner.
[REYES, Book 2] 4. Property is taken on the occasion of fire,
1. Offender takes the take [REYES, Book 2] earthquake, typhoon, volcanic eruption, or
Personal property of
Mode 1: Taking of Personal Property of any other Calamity, vehicular accident or
another without the latter’s Mode 2: Failure to Return Lost Property
Another Without Violence or Intimidation of civil disturbance.
consent;
Mode 1 2. Taking was with Intent to Persons or Force upon Things
The law does not require knowledge of the NOTE: Penalties for qualified theft are 2
[PIW] gain; and owner of the lost property. [REYES, Book 2]
“Without consent” degrees higher than those respectively
3. Taking was Without
Consent contemplated in this element of theft specified in Art. 309. [Art. 310, RPC]
violence against or "Lost property" embraces loss by stealing.
refers to consent freely given and not to one Abuse of Confidence must be Grave.
intimidation of persons nor A finder who fails deliberately to return the thing
which may only be inferred from mere lack of There must be an allegation that by reason of
force upon things. lost may be considered more blameworthy if
opposition [REYES, Book 2] dependence, guardianship or vigilance,
1. Offender found Lost the loss was by stealing than through some between the accused and the offended party,
property; and other means. [People v. Rodrigo, G.R. No. L-
Mode 2 When Consummated that has created a high degree of confidence
2. Fails to deliver the same to 18507]
[LF] Theft is complete from the moment the between them, which the accused abused.
the local authorities or to its
offender had full possession of the thing, even [People vs. Koc Song, id.]
owner. NOTE: Art. 308 (1) is not limited to actual
if he did not have an opportunity to dispose of
1. Offender maliciously finder. [US v. Santiago, G.R. No. L-9375,
the same. [People v. Sevilla, G.R. No. 86163, NOTE: Theft by a housemate is not always
Damaged the property of (1914)]. It may include a policeman to whom it
(1990)]. Accordingly, there is no crime of qualified. Living together under the same roof
Mode 3 another; and is entrusted or misappropriated the same
frustrated theft. engenders some confidence, but it is not
[DR] 2. Removes or makes use of [People v. Avila, G.R. No. L-19786, (1923)] necessarily grave. [id.]
the fruits or object of the
Objects Considered Personal Property:
damage caused by them. It is Necessary to Prove:
1. Electricity and Gas [US vs. Carlos, G.R. Coconuts and Fish
1. Offender entered an 1. The Time of the seizure of the thing; When the coconuts or fish are stolen in any
No. 6295, (1911)]
Enclosed estate or a field 2. That it was a lost property Belonging to other place (aside from the plantation or
2. Promissory Notes and checks [People vs.
without the consent of its another; and fishpond), it is simple theft. [id.]
Mode 4 Koc Song, G.R. No. L-45043, (1936)]
owner; 3. Telecommunication or Telephone Service 3. That the accused had the Opportunity to
[EFAH]
2. Trespass is Forbidden or return or deliver the lost property to its
[Laurel v. Abrogar, G.R. No. 155076,
the enclosed estate or field owner or to the local authorities but
(2009)]
belongs to Another; and refrained from doing so. [id]

Page 236 of 277 Page 237 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Receipt and Misappropriation of Teller Presumption of Cattle Rustling. 4. Chapter IV: Usurpation Theft/Robbery vs. Occupation of Real
Bank Teller who received the money and Failure to exhibit the required documents shall Property or Usurpation of Real Rights in
appropriated the same for personal gain be prima facie evidence that the large cattle in Property Art. 312 [REYES, Book 2]
a. Article 312 – Occupation of Real Occupation or
committed theft and not estafa because the his possession, control or custody are the fruits Theft/Robbery
teller has no juridical possession, only material, of the crime of cattle rustling. [Sec. 7, id.] Property or Usurpation of Real
Usurpation
the theft is qualified due to the confidence Rights in Property [Art. 308/Art. 293]
[Art. 312]
reposed on the teller. [Roque vs. People, G.R. “Highgrading” or Theft of Gold [PD 581] As to the Intent to Gain
No. 138954, (2004)] Punished Acts: [PU]
1. Taking Possession of any real property There is intent to Gain
Prohibited Acts: [TRET]
belonging to another by means of violence As to the Property Involved
Timber Smuggling or Illegal Cutting of Logs Any person who, without the consent of the
Any person, whether natural or juridical, who operator of the mining claim: against or intimidation of persons; or Personal Property Real property or real
directly or indirectly cuts, gathers, removes, or 1. Take gold-bearing ores or rocks from a 2. Usurping any real rights in property right
smuggles timber, or other forest products, mining claim or mining camp; belonging to another by means of violence As to the Act Involved
either from any of the public forest, forest 2. Remove, collect or gather gold-bearing ores against or intimidation of persons. [REYES, Taking Occupation or
reserves and other kinds of public forests, or rocks in place; Book 2] Usurpation
whether under license or lease, or from any 3. Extract or remove the gold from such ores
privately owned forest lands in violation of or rocks; or Elements: [PB-VI]
1. Offender takes Possession of any real
b. Article 313 – Altering Boundaries
existing laws, rules and regulation shall be 4. Prepare and Treat such ores or rocks to
property or usurps any real rights in property or Landmarks
guilty of the crime of qualified theft [Sec. 1, PD recover or extract the gold contents thereof.
330] [Sec. 1, PD 581] 2. Real property or real rights Belong to
another Elements: [BA]
3. Violence against or intimidation of persons 1. There are Boundary marks or monuments
Anti-Cattle Rustling Law of 1974 [PD 533] Presumption
is used by the offender in occupying real of towns, provinces, or estates, or any other
The unauthorized possession by any person
property or usurping real rights in property; marks intended to designate the boundaries
NOTE: the nature of the penalty imposed by within a mining claim or mining camp of gold-
and of the same; and
the law is based on the RPC, thus PD 533 is bearing ores or rocks or of gold extracted or
4. There is Intent to gain. 2. Offender Alters said boundary marks.
deemed an amendment of the RPC [People vs. removed from such ores or rocks, shall be
Macatanda, G.R. No. L-51368, (1981)] prima facie evidence that they have been
Rules on Violence or Intimidation NOTE: Intent to gain is not necessary [REYES,
stolen from the operator of a mining claim.
1. Violence or intimidation must be the Book 2]
Elements: [TC] [Sec. 2, id.]
1. Taking away by any means, method or means used in occupying real property.
Art. 312 does not apply when the violence Alter
scheme; and d. Article 311 – Theft of Property of Any alteration of boundary marks is enough to
2. Of any Large Cattle, without the Consent of or intimidation took place subsequent to the
the National Library and National constitute the material element of the crime.
the owner/raiser [Sec. 2(c), PD 533] entry into the property. [REYES, Book 2]
Museum 2. If there is no violence or intimidation:
There is only civil liability. [id.] Destruction of a stone monument or taking it to
NOTES:
This provision penalizes property stolen from another place, or removing a fence, is altering.
a. It is immaterial whether or not for profit or
the National Library or National Museum. Imposable Penalty [id.]
gain, or whether committed with or without
violence against or intimidation of any General Rule: Art. 312 does not provide the
Imposable Penalty penalty of imprisonment for the crime of 5. Chapter V: Culpable
person or force upon things. [Sec. 2(a), id.]
General Rule: Penalty is fixed without regard occupation of real property or usurpation of real
b. It includes the killing of large cattle or taking
to the value of the property of the National Insolvency
its meat or hide without the consent of the rights in property, the penalty is only fine.
Library or National Museum. [REYES, Book 2] [REYES, Book 2]
owner/raiser. [Sec. 2(a), id.] a. Article 314 – Fraudulent
Exception: if the crime is committed with grave Exception: The offender who may have Insolvency
Large Cattle
abuse of confidence, the penalty for qualified inflicted physical injuries in executing acts of
Includes the cow, carabao, horse, mule, ass, or
theft shall be imposed, because Art. 311 says: violence shall suffer the penalty for physical Elements: [D-DAP]
other domesticated member of the bovine
"unless a higher penalty should be provided injuries also. [id.] 1. Offender is a Debtor;
family. [Sec. 2(a), id.]
under other provisions of this Code." [id.] 2. His obligations are Due and payable.
3. He Absconds with his property.
4. It is with Prejudice to his creditors.

Page 238 of 277 Page 239 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Damage or prejudice capable of pecuniary By Fraudulent to Sign any document

NOTE: Actual prejudice, not intention alone, is estimation is caused to the offended party Means [Art. 315 (3)(a)]; b. Estafa with Abuse of Confidence [Art.
required. [REYES, Book 2] or third person. [SGD] 2. By resorting to some 315(1)(b)]
fraudulent practice to
Real Property May be Involved Damage or prejudice may consist of: [MPP] insure success in Elements: [RMPD]
"Abscond" does not require that the debtor 1. Offended party being deprived of his Money Gambling [Art. 1. Money, goods, or other personal property
should depart and physically conceal his or property as a result of defraudation; 315(3)(b)] was Received by the offender: [TCAO]
property. Hence, real property could be the 2. Disturbance in Property rights; or 3. By Removing, a. In Trust, or
subject matter of fraudulent insolvency. 3. Temporary Prejudice [REYES, Book 2] concealing or b. On Commission, or
[People vs. Chong Chuy Limgobo, G.R. 20995, destroying c. For Administration; or
(1923)] Ways of Committing Estafa: [U-FF-M] Documents [Art. 315 d. Under any Other obligation involving the
Mode Sub-modes (3)(c)] duty to make delivery of, or to return the
Prejudice to the Creditors 1. With Unfaithfulness same;
Contemplates the transfer of disposing of the [Art. 315 (1)(a)] NOTE: The three modes of committing estafa 2. That there be: [MConD]
Mode 1:
offender’s property to keep it out of reach of his 2. With Abuse of may be reduced to two only--subdivision No. 1 a. Misappropriation; or
creditors resulting in the non-enforcement of a With b. Conversion of such money or property
Confidence [Art. as estafa with abuse of confidence, and the 2nd
writ of execution [Dee v. People, G.R. No. Unfaithfulness by the offender; or
315(1)(b)] and 3rd forms as estafa by means of deceit.
136785, (2000)] or Abuse of [REYES, Book 2] c. Denial on his part of such receipt;
3. By taking undue
Confidence 3. Such misappropriation or conversion or
advantage of the
Fraudulent Insolvency vs. Insolvency Law [UCS] Signature in blank 1. Estafa with Unfaithfulness or Abuse of denial is to the Prejudice of another; and
Fraudulent Insolvency Law [Art. 315(1)(c)] Confidence [Art. 315(a)] 4. There is a Demand made by the offended
Insolvency [Act. No. 1956] 1. Using fictitious Name party.
[Art. 314] or false pretenses a. Estafa with Unfaithfulness [Art 315(a)(1)]
As to the Requirement of Insolvency and other similar NOTES:
Proceedings deceits [Art. Elements: [OnAD] a. Other obligations involving the duty to
315(2)(a)]; 1. Offender has an Onerous obligation to make delivery of, or to return the same -
No need for Crime should be
2. By Altering the deliver something of value; includes quasi-contracts and certain
Insolvency committed after the
quality, fineness or 2. He Alters its substance, quantity, or quality; contracts of bailment ex. Commodatum.
Proceedings. institution of
weight of anything and [US vs. Yap Jong, G.R. No. 10675, (1916)]
insolvency 3. Damage or prejudice is caused to another. b. 4th element – not necessary when there is
pertaining to his art or
NOTE: Offender proceedings evidence of misappropriation of the goods
business [Art.
need not be Mode 2: Rules: by the defendant. [Tubb vs. People, G.R.
315(2)(b)]
adjudged bankrupt By Means of 3. By pretending to 1. There must be an existing obligation to No. L-9811, (1957)]
or insolvent. False have Bribed any deliver something of value, and the c. Deceit - not an essential requisite of estafa
[REYES, Book 2] Pretense or government offender in making the delivery has altered with abuse of confidence. [REYES, Book 2]
Imposable Penalty Fraudulent employee [Art. the following of the thing delivered [REYES,
Higher penalty is imposed if the offender is a Acts 315(2)(c)] Book 2]: Rationale: Thing to be delivered or returned
merchant. 4. By post-dating a a. Substance; or must be the very object received [US vs.
[NAB-CF]
Check with no funds b. Quantity; or Figueroa, G.R. No. L-6748, (1912)]
6. Chapter VI: Swindling and or is not sufficient to c. Quantity; and
cover the amount of 2. There must be an agreement as to Misappropriation vs. Conversion [REYES,
Other Deceits quality – When there is no agreement as to Book 2]
the check. [Art.
315(2)(d)] the quality of the thing to be delivered, the Misappropriate Conversion
a. Article 315 – Swindling or Estafa 5. By obtaining Food, delivery of the thing not acceptable to the Act of taking Act of using or
refreshment or complainant is not estafa. [id.] something for one’s disposing of
Elements of Etafa in general: [DCDD] accommodation with own benefit another's property
1. Accused Defrauded another: intent to defraud [Art. Illegal Consideration as if it were one's
a. by abuse of Confidence, or 315(2)(e)] Estafa is committed even though such
own or devoting it to
b. by means of Deceit; and Mode 3: 1. By inducing another obligation be based on an immoral or illegal
a purpose or use
consideration. [REYES, Book 2]

Page 240 of 277 Page 241 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

different from that purpose or for a short period and merely Theft vs. Estafa with Abuse of Confidence Misappropriating, Appropriating, taking
agreed upon. the effect of such relationship as master Theft/Robbery Estafa with Abuse converting or or misappropriating,
and servant, employer and employee, or [Art. 308] of Confidence denying having consenting or
master and domestic, the juridical or [Art. 315(1)] received money, permitting any other
Juridical Possession vs. Material constructive possession remains in the
Possession As to the Acquisition of Property goods or other person to take the
owner. Hence, the servant, domestic, or
Juridical Material Offender takes the Offender receives personal property; public funds or
employee cannot be guilty of estafa
Possession Possession thing without the the thing from the property.
[People vs. Marcelino Nicolas, 58 O.G.
Possession which Actual Possession 472, cited in REYES, Book 2]. owner’s consent offended party with [id.]
gives the transferee of Personal the obligation to
"To the prejudice of another" deliver or return the c. Estafa by Taking Undue Advantage of the
a right over the thing Property, where the
Contemplates prejudice not necessarily of the same. Signature in Blank [Art. 315(1)(c)]
which the transferee possessor cannot
may set up even claim a better right owner of the property. [People v. Yu Chai Ho, As to the Nature of Possession
G.R. No. L-29278, (1928)] Elements: [B-DeW-D]
against the owner to such property Material and Juridical possession
1. There is a Blank paper with the signature of
than its owner. Physical Possession
Demand Not Required but Necessary the offended party;
[REYES, Book 2] only
Demand is not required by law but it is 2. Offended party should have Delivered it to
[REYES, Book 2] the offender;
necessary, because failure to account, upon
In Estafa: Offender must have acquired both 3. Document is Written by the offender, above
demand, is circumstantial evidence of Estafa with Abuse of Confidence vs.
material or physical possession and juridical the signature of the offended party, without
misappropriation. [REYES, Book 2] Malversation
possession of the thing received [REYES, authority to do so; and
Book 2]. Estafa with Abuse Malversation 4. Document so written creates a liability of, or
Liability of Co-Owners
of Confidence [Art. 217] causes Damage to, the offended party or
General Rule: Co-owner is not liable for estafa
Nature of [id.] [Art. 315(1)] any third person.
Possessio Exception: If, after the termination of the co- As to the Receipt of Property
Crime 2. Estafa by Means of Deceit [Art. 315(2)]
n of Act ownership, he misappropriates the thing which Offender is entrusted with funds or property
Committed
Personal has become the exclusive property of the As to the Nature of the Offense
Property other. [id.] Continuing offenses Elements: [FaPReID]
Material Misappropriati 1. There must be a False pretense, fraudulent
Theft As to the Nature of Funds/Property
No Estafa through Negligence. act or fraudulent means;
on Usually Public
Article 315 in penalizing estafa by 2. Such false pretense, fraudulent act or
Material
Misappropriati misappropriation or conversion, does not fraudulent means must be made or
and Estafa Exception: Property executed Prior to or simultaneously with the
on punish estafa through negligence [REYES,
Juridical Private attached by public commission of the fraud.
Book 2]
Ownership No crime, authority even if 3. Offended party Relied on the false pretense,
Misappropriati
(Material + only Civil Effect of Novation of Contract private [Art. 222, fraudulent act, or fraudulent means and by
on
Juridical) liability General Rule: Criminal liability for estafa RPC] reason thereof, was Induced to part with his
[id] already committed is not affected by As to the Offender money or property.
compromise or novation of contract, for it is a Private individual or Public officer 4. As a result, the offended party suffered
NOTE: There is no estafa when the money or public offense which must be prosecuted and Damage.
public officer not accountable for
other personal property received by the punished by the state at its own volition. [id.] accountable for public
accused is not to be used for a particular NOTE: There is no deceit if the complainant
public funds or funds or property. was aware of the fictitious nature of the
purpose or to beeturned. [id.] Exception: If the novation occurs before the property pretense. [People vs. Paredes, G.R. No. L-
criminal liability has incurred [id.]
No Estafa in the Following Cases: As to Commission through Negligence 19192, (1923)]
1. Momentary use of the funds without intent No estafa through Can be committed
NOTE: Reimbursement or restitution of money
to defraud [US vs. Sevillia, G.R. No. 18056, or property swindled does not extinguish negligence through
(1922)] criminal liability [Sajot vs. CA, G.R. No. abandonment or
2. Where the custody of personal property is 109721, (1999)] negligence
only precarious and for a temporary As to Manner of Commission

Page 242 of 277 Page 243 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Estafa by Using a Fictitious Name, False proper to bring against the offender. and did not return the money and if at the time different from those which the offended party
Pretenses and Other Deceits [Art. 315(2)(a)] [REYES, Book 2] the check was issued, he had the intention of told the accused to state in the document, the
b. If the crime is consummated - crime is stopping payment, he is guilty of estafa. [US vs. crime is falsification. [REYES, Book 2]
Ways of Committing Estafa: [NPO] corruption of public officer. [id.] Poe, G.R. No. 13969, (1919)]
1. By using fictitious Name; b. Estafa by Resorting to Some Fraudulent
2. By falsely Pretending to possess: [QPI- 3. Estafa by Means of Fraudulent Acts Continuing Offense Practice to Ensure Success in Gambling
PAC-BI] Estafa by issuance of a bad check is continuing [Art. 315(3)(b)]
a. Qualifications, The acts must be fraudulent; characterized by, offense [People v. Yabit, G.R. L-42902, (1977)]
b. Power, or founded on, deceit, trick or cheat. [REYES, c. Estafa by Removing, Concealing or
c. Influence, Book 2.] b. Estafa by Obtaining Food or Destroying Court Records, Office Files, and
d. Property, Accommodation at a Hotel, etc. [Art. 315 other Documents [Art. 315(3)(c)]
e. Agency, a. Estafa by Postdating a Check or Issuing (2)(e)]
f. Credit, a Check in Payment of an Obligation Elements: [CRD]
g. Credit, Punishable Acts: [FCA] 1. There are Court records, office files,
h. Business or Elements: [OF] 1. By obtaining Food, refreshment or documents or any other papers.
i. Imaginary transactions; or 1. Offender postdated a check, or issued a accommodation at a hotel, inn, restaurant, 2. Offender Removed, concealed or destroyed
3. By means of Other similar deceits. [REYES, check in payment of an Obligation; and boarding house, lodging house or any of them.
Book 2] 2. Such postdating or issuing a check was apartment house without paying therefor, 3. Offender had intent to Defraud another.
done when the offender had no Funds in the with intent to defraud the proprietor or
NOTE: Element of deceit is indispensable, bank, or his funds deposited therein were manager thereof; NOTE: If there is no intent to defraud, the act
consisting in the false statement or fraudulent not sufficient to cover the amount of the 2. By obtaining Credit at any of said of destroying a court record will be malicious
representation was made prior to, or check. establishments by the use of any false mischief. [Reyes Book, Two]
simultaneously with the delivery of the thing. It pretense; or
being essential that such false statement or Check issued must be Genuine 3. By Abandoning or surreptitiously removing Infidelity in Custody of Document vs. Estafa
fraudulent representation constitutes the very If the check is falsified and the same is cashed any part of his baggage from any of said by Removing, Concealing or Destroying a
cause or the only motive which induces the with the bank, or exchanged for cash, the crime establishments after obtaining credit, food, Document
complainant to part with the thing. [id.] committed is estafa through falsification of a refreshment or accommodation therein, Infidelity in Estafa
commercial document. [REYES, Book 2] without paying therefor. Custody of [Art. 315, 3(c)]
Use of Fictitious Name Documents
There is use of fictitious name when a person Must be the Efficient Cause 3. Estafa Through Fraudulent Means [Art. [Art. 226]
uses a name other than his real name. [People To constitute estafa, the post-dating or 315(3)] As to the Manner of Commission
vs. Yusay, G.R. No. L-26957, (1927)] issuance of the check should be the efficient
Both are Similar in the Manner of
cause of the defraudation. As such, it should be a. Estafa by Inducing Another to Sign Any
The pretense must be false Document Commission
given either prior to, or simultaneously with, the
There must be evidence that the pretense of act of fraud. [People vs. Reyes, G.R. No. As to the Property Involved
the accused that he possesses power, 154159, (2005)] Offender is a public Offender is a private
influence, etc., is false. [REYES, Book 2] officer who is individual or even a
NOTE: The check should not be postdated or Elements: [ISiP-P] officially entrusted public officer who is
b. Estafa by Altering the Quality, Fineness issued in payment of pre-existing obligation. 1. Offender Induced the offended party to sign with the custody of not officially
or Weight of anything pertaining to his art [id.] a document. documents entrusted with the
or business [Art. 315(2)(b)] 2. Deceit was employed to make him Sign the custody of said
Prima Facie Evidence of Deceit document. documents.
c. Estafa by Pretending to have bribed any There is prima facie evidence of deceit when 3. Offended party Personally signed the As to Intent
Government Employee [Art. 315(2)(b)] the drawer fails to pay 3 days after receiving document.
No Intent to Defraud There is Intent to
notice of dishonor [Art. 315(2)(d), as amended 4. Prejudice was caused.
NOTES: by RA 4885] Defraud
a. Offender may still be liable for NOTE: If the offended party is willing and ready [REYES, Book 2]
defamation which the government Stoppage of a Payment of a Check from the beginning to sign the document and
employee allegedly bribed may deem If checks were issued by defendant and he there is deceit as to the character or contents
received money for them and stopped payment of the document, because the contents are

Page 244 of 277 Page 245 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 316 – Other Forms of b. Offender Knew that the real property was property or a third from possession of a offender guaranteed the fulfilment of his
Swindling encumbered, whether the same was person. lawful possessor. obligation as surety
recorded or not.
Punishable Acts: c. There was express Representation by the Theft vs. Other Forms of Swindling, Mode 3 Elements: [SGS-WCR]
1. Conveying, selling, encumbering, or offender that the real property is free from Wrongfully Taking 1. Offender is a Surety in a bond given in a
mortgaging any real property, encumbrance; and Personal Property criminal or civil action.
d. Act of disposing of the real property was Theft 2. Surety Guaranteed the fulfillment of such
pretending to be the owner of the same from Lawful
made to the Damage of another. [REYES, [Art. 308] obligation with his real property or
Possessor
Elements: [I-ROP] Book 2] properties.
[Art. 316[3]]
a. Thing is Immovable (e.g., parcel of land or 3. Surety Sells, mortgages, or, in any other
Definition of Terms [REYES, Book 2]: As to the Property Involved manner encumbers said real property.
building).
1. “Dispose” – includes encumbering or Personal Property 4. That such sale, mortgage, or encumbrance
b. Offender is not the owner but Represents
himself as the owner thereof. mortgaging. As to Ownership is
c. Offender executed an act of Ownership 2. “Encumbrance” – includes every right or Property belongs to Offender is the a. Without express authority from the court;
(selling, encumbering or mortgaging the real interest in the land which exists in favor of another (offender is owner of the or
property). third persons. not the owner or personal property. b. Made before the Cancellation of his
d. Act was made to the Prejudice of the owner possessor) bond; or
or a third person. [REYES, Book 2] 3. Wrongfully taking by the owner of his c. Made before being Relieved from the
As to the Acts Committed
personal property from its lawful possessor obligation contracted by him.
Offender unlawfully Personal property is
Swindling vs. Estafa by False Pretenses takes the personal wrongfully taken
Estafa by False Elements: [OPWP] NOTE: There must be actual damage caused
Swindling 1. Offender is the Owner of personal property. property of another from possession of a under Art. 316, because the penalty is based
Pretenses with intent to gain. lawful possessor.
[Art. 316(1)] 2. Property is in the lawful Possession of on the value of the damage cause”, mere intent
[Art. 315, 2(a)] As to the Presence of Violence
another. to cause damage is not sufficient [REYES,
As to the Property Involved
3. Offender Wrongfully takes it from its lawful Committed without Violence or Intimidation Book 2]
Covers immovable May cover personal possessor.
or real property. and real property. 4. Prejudice is caused to the lawful possessor 4. Executing any fictitious contract to the c. Article 317 – Swindling a Minor
As to Acts Committed or third person. prejudice of another
Selling, or Pretense in owning Elements: [AICD]
encumbering, or real or personal Mode 1 v. Mode 3 Elements: [EFP] 1. Offender takes Advantage of the
mortgaging any real property and Pretending to be Wrongfully Taking 1. Offender Executes a contract inexperience or emotions or feelings of a
property, and doing defrauding the Owner of Real Personal Property 2. Contract is Fictitious minor.
some act of offended party. Property from Lawful 3. Prejudice is caused. 2. Offender Induces such minor to: [ORT]
dominion or [Mode 1] Possessor a. Assume an Obligation, or
ownership over the [Mode 3] 5. By accepting any compensation for b. Give Release, or
As to the Property Involved services not rendered or for labor not c. Execute a Transfer of any Property right.
property to the
performed 3. That the Consideration is: [LCO]
damage and Immovable Property Personal Property
a. Some Loan of money; or
prejudice of the real As to Ownership
Elements: [AN] b. Credit; or
owner of the thing. Offender merely Offender is the 1. Offender Accepts compensation for c. Other personal property.
[REYES, Book 2] represents himself owner of the services or labor 4. Transaction is to the Detriment of such
as the owner of the personal property. 2. He did Not render any service or perform minor.
2. By disposing of real property as free immovable property any labor
from encumbrance, although such involved NOTE: Actual proof of deceit or
encumbrance be not recorded As to the Acts Committed NOTE: Fraud is an essential element, without misrepresentation is not essential, as it is
Offender committed The personal fraud, it merely is solutio indebiti [REYES, Book sufficient that the offender takes advantage of
Elements: [DKRD] 2] the inexperience or emotions of the minor.
an act of ownership property is
a. Thing Disposed of is real property. [REYES, Book 2]
prejudicial to the wrongfully taken
6. Selling, mortgaging or encumbering real
true owner of the
property or properties with which the

Page 246 of 277 Page 247 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

d. Article 318 – Other Deceits 2. Destructive Arson i. Any Arsenal, shipyard, storehouse or the building note necessary in the business
military powder or fireworks factory, of the offender nor for household use.
Punishable Acts: [NC] Burning of: [1-P-TWEE] ordnance, storehouse, archives or 4. If the fire started Simultaneously in more
1. Defrauding or damaging another by any a. 1 or more buildings or edifices, general museum of the Government. than one part of the building or
other deceit Not mentioned in the consequent to one single act of burning, ii. Inhabited place, storehouse or factory establishment.
preceding articles. or as a result of simultaneous burnings, of inflammable or explosive materials. 5. If shortly before the fire, a substantial
2. Interpreting dreams, by making forecasts, committed on several or different [Sec 10(2), RA 7659] portion of the effects insured and stored in a
by telling fortunes, or by taking advantage occasions. building or property had been Withdrawn
of the Credulity of the public in any other b. Any building of public or private 3. Other cases of Arson [PD 1613, Sec. 3] from the premises except in the ordinary
similar manner, for profit or gain. ownership, devoted to the Public in course of business.
general or where people usually gather Burning of any: [O-InIn-PMR] 6. If a Demand for Money or other valuable
NOTE: As in other cases of estafa, damage to or congregate for a definite purpose a. Building used as Offices of the government consideration was made before the fire in
the offended party is required. [REYES, Book (e.g., for official governmental function or or any of its agencies; exchange for the desistance of the offender
2] business, private transaction, b. Inhabited house or dwelling; or for the safety of the person or property of
commerce, trade, workshop, meetings c. Industrial establishment, shipyard, oil well the victim.
7. Chapter VII: Chattel Mortgage and conferences), or merely incidental to or mine shaft, platform or tunnel; 7. If during the lifetime of the corresponding
a definite purpose (e.g., hotels, motels, d. Plantation, farm, pastureland, growing fire insurance policy more than 2 fires have
transient dwellings, public conveyances crop, grain field, orchard, bamboo grove or occurred in the same or other premises
a. Article 319 - Removal, Sale, or or stops or terminals), regardless of: forest; owned or under the control of the offender
Pledge of Mortgaged Property i. Whether the offender had knowledge e. Rice, sugar or cane Mill, or mill central; and and/or insured.
that there are persons in said building f. Railway or bus station, airport, wharf or
NOTE: Punishable acts under this Article or edifice at the time it is set on fire; or warehouse. NOTE: Conspiracy to commit arson is
involve property mortgaged or pledged under ii. Whether the building is actually penalized under the law [Sec. 7, PD 1613]
the Chattel Mortgage Law. RA 11057 or the inhabited Special Aggravating Circumstance: [HIBS]
Personal Property Security Act has repealed c. Any train or locomotive, ship or vessel, 1. Offender is motivated by spite or Hatred Stages of Arson: [AFC]
the Chattel Mortgage Law. airship or airplane, devoted to towards the owner or occupant of the 1. Attempted Arson – offender commences
Transportation or conveyance, or for property burned; the commission of the crime directly by
8. Chapter VIII : Arson and Other public use, entertainment or leisure. 2. Committed with Intent to gain; overt acts but does not perform all the acts
Crimes Involving Destruction d. Any building, factory, Warehouse 3. Committed for the Benefit of another; and of execution due to the timely intervention
installation and any appurtenances 4. Committed by a Syndicate. [Sec. 4, PD of another who chases away the offender.
thereto, which are devoted to the service 1613] [REYES, Book 2]
a. Articles 320-326B (Repealed by PD
of public utilities.
1613, as amended by RA 7659) e. Any building the burning of which is for NOTE: This cannot be offset by any mitigating Illustration: Placing the rags soaked in
the purpose of concealing or destroying circumstance. [REYES, Book 2] gasoline beside the wooden wall of the
NOTE: The laws on Arson in force are PD 1613 Evidence of another violation of law, or building and lighting a match but does not
and Art. 320, as amended by RA 7659. The for the purpose of concealing bankruptcy Prima Facie Evidence of Arson: [FISWiD2] continue to the setting of fire to the rag [id.]
provisions of PD 1613 which are inconsistent or defrauding creditors or to collect from 1. If gasoline, kerosene, petroleum or other
with RA 7659 (Such as Sec. 2 of PD No. 1613) insurance. [Art 320, as amended by Sec. Flammable or combustible substances or 2. Frustrated Arson
are deemed repealed. [REYES, Book 2] 10 RA 7659] materials soaked therewith or containers
thereof, or any mechanical, electrical, Illustration: Person is able to light or set
Acts of Arson: [SDO] Additional Acts Considered as Destructive chemical, or electronic contrivance fire to the rags but the fire was put out
1. Simple Arson Arson: [2-AI] designed to start a fire, or ashes or traces of before any part of the building was burned
a. When arson is perpetrated or committed by any of the foregoing are found in the ruins [US vs. Valdez, G.R. No. L-14128, (1918)]
Elements: [BAO] 2 or more persons or by a group of persons, or premises of the burned building or
A person Burns or sets fire to: regardless of whether their purpose is property. NOTE: It is argued that there is no such
a. Property of Another; or merely to burn or destroy the building or the 2. If the building or property is Insured for thing as Frustrated Arson [Boado], as
b. His Own property under circumstances burning merely constitutes an overt act in substantially more than its actual value at illustrated in the case of People vs.
which expose to danger the life or the commission or another violation of law. the time of the issuance of the policy. Gutierrez [G.R. No. 100699, (1996)],
property of another. [Sec. 1, PD 1613] b. Burning of: [AI] 3. If a substantial amount of Flammable wherein the court ruled that even if a
substances or materials are Stored within building is not completely gutted by fire, the

Page 248 of 277 Page 249 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

crime is still consummated arson, it is 9. Chapter IX – Malicious 1. Causing damage to Obstruct the c. Art. 329 – Other Mischiefs
enough that a portion of it is destroyed. performance of public functions.
Mischief 2. Using any Poisonous or corrosive Punished Act
3. Consummated Arson – All acts substance. Mischiefs not included in Art. 328 and punished
necessary to produce combustion are a. Art. 327 - Who are Liable for 3. Spreading any infection or contagion according to the value of the damage caused.
present in the thing to be burnt. [People v. Malicious Mischief among Cattle. [REYES, Book 2]
Hernandez, G.R. No. 31770, (1929)] 4. Causing damage to the property of the
Malicious Mischief National Museum or National Library, or to NOTE: But, if the amount involved cannot be
NOTE: Extent of damage is immaterial, as Willful damaging of another's property for the any archive or registry, waterworks, road, estimated, the penalty of arresto menor or fine
long as a portion of it is burnt. [id.] sake of causing damage due to hate, revenge promenade, or any other thing used in not exceeding P200 is fixed by law. [Art. 329,
or other evil motive. [REYES, Book 2] common by the public. [REYES, Book 2] RPC]
Illustrations:
Before the fire was put out, it had burned a Element: [DNS] NOTE: These are also called qualified d. Art. 330 – Damage and Obstruction
part of the building, it is consummated. [id.] 1. Offender deliberately caused Damage to malicious mischief [id.] to Means of Communication
the property of another.
Cases where Both Death and Burning 2. Such act does Not constitute arson or other Mode 1 of Art. 328 vs. Sedition
Punishable Act
Occur crimes involving destruction. Mode 1 Sedition
Damaging any railway, telegraph or telephone
In cases where both burning and death occur, 3. Act of damaging another's property be [Art. 328] [Art. 139] line.
in order to determine what crime/crimes committed merely for the Sake of As to Presence of a Public and
was/were perpetrated whether arson, murder damaging it. Tumultuous Uprising Qualifying Circumstance
or arson and homicide/murder, it is de Not Present Present Higher penalty shall be imposed if it shall result
rigueur to ascertain the main objective of the Hate, Revenge, Evil Motive
As to intention to Obstruct Public in any derailment of cars, collision, or other
malefactor: General Rule: 3rd element presupposes that
Functions accident
1. If the main objective is the burning of the the offender acted due to hate, revenge or
building or edifice, but death results by other evil motive. [Id.] There is intent to obstruct public functions
NOTE: Derailment or collision of cars should
reason or on the occasion of arson, the [REYES, Book 2]
not have been purposely sought for by the
crime is simply arson, and resulting Exception: It is malicious mischief even if the
offender but should have just resulted from
homicide is absorbed; act of damaging another's property was Theft vs. Art. 328, Mode 4
damage to railway, telegraph or telephone
2. If the main objective is to kill a particular inspired by the mere pleasure of destroying Theft Mode 4
lines. [REYES, Book 2]
person who may be in a building or [REYES, Book 2] [Art. 308] [Art. 328[4]]
edifice and fire is resorted to as the means As to the Property Involved Telegraph or Telephone Lines
to accomplish such goal the crime No Malicious Mischief in the following Property belonging Property belonging The telegraph or telephone lines must pertain
committed is murder only; and cases: to the National to the National to a railway system.
3. If the objective is to kill a particular person, 1. If there is no malice in causing the
Library or National Library or National
and in fact the offender has already done damage - the obligation to repair or pay for
Museum. Museum, or to any Crimes Committed if Passengers are Killed:
so, but fire is resorted to as a means to damages is only civil. [id.]
archive or registry, Passenger
cover up the killing, then there are two 2. If there is intent to gain – crime Intent to Crime
road or any thing s are Killed
separate and distinct crimes committed committed is Theft [id.] Kill Committed
' homicide/murder and arson. [People v. used in common by as a Result
Malngan, G.R. No. 170470, (2006)] “Damage” the public. Present Present Murder
Includes not only loss but also diminution of As to the Acts Committed Damages to
Arson under PD 1613, as Terrorism what a person owns. Thus, damage to Offender unlawfully Offender Present Means of
Not Present
A person who commits an act punishable as another's house includes defacing it. [id.] takes property deliberately causes Communicatio
Arson under P.D. 1613, thereby sowing and b. Art. 328 – Special Cases of belonging to the damage for the sake n
creating a condition of widespread and Malicious Mischief national library or of damaging them.
extraordinary fear and panic among the National Museum
populace in order to coerce the government to Special Cases of Malicious Mischief: [OP-
give in to an unlawful demand, shall be guilty of CM]
the crime of terrorism [Sec. 3, PD 9372]

Page 250 of 277 Page 251 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

e. Art. 331 – Destroying or Damaging legitimate and adopted full brothers or sisters Rules as to Marriage Requirement 4. Death of the woman during the pendency of
Statues, Public Monuments or [id.] 1. Offended party must be legally married to the action cannot defeat the trial and
Paintings Relatives by Affinity – includes stepfather, the offender at the time of the filing of the conviction of the man. [US v. De la Torre,
adopted father, and natural children. [id.] complaint. [REYES, Book 2] G.R. No. 8144 (1913)]
2. Adultery is committed, even if the marriage 5. Even if the man left the country and could
Persons Liable: [SP]
3. Widowed Spouse with respect to property of is subsequently declared void. [RPC Art. not be apprehended, the woman can be
1. Any person who shall destroy or damages
the deceased, if: 333, par. 1] Tried and convicted. [US v. Topiño, G.R.
Statues or any other useful or ornamental
public monument; and a. Property belongs to the deceased No. 11895, (1916)]
spouse; and Each Occasion a Crime
2. Any person who shall destroy or damage
any useful or ornamental Painting of a b. It has not yet passed into the possession Each occasion of sexual intercourse Effect of Death; Paramour v. Offended Party
public nature. of a 3rd Person [REYES, Book 2] constitutes a crime of adultery. [People v. Death of Death of Offended
Zapata, G.R. No. L-3047, May 16, 1951] Paramour Party
4. Brothers and Sisters and brothers-in-law Offending wife may The proceedings may
10. Chapter X – Exemption and sisters-in-law, if living together; and Mitigating Circumstances still be prosecuted. continue. Art. 353
from Criminal Liability 1. When abandoned The requirement seeks to protect the
Against Property Exemption Not Applicable to: The criminal liability is mitigated when that both offenders honor and reputation
1. Strangers participating in the commission adultery is committed while being should be included not only of the living
of the crime [Art. 332(4), RPC] abandoned by her husband without in the complaint is but of dead persons
a. Art. 332 – Persons Exempt from 2. If complexed with another crime justification. [RPC, Art. 333, par. 3] absolute only when as well. [Reyes, Book
Criminal Liability [Carungcong vs. People, G.R. No. 181409, the two offenders II]
(2010)] In one case, the SC ruled that when the are alive. [RPC, Art.
Civil Liability Only husband is believed to be dead, the wife’s 344, par. 2]
No criminal, but only civil liability shall result act of giving herself up to the man who lent
from the commission of any said crimes, K. CRIMES AGAINST her a helping hand during such time of Pardon by the Offended Party is a bar to
committed or caused mutually by those
persons. [Art. 332(1), RPC]
CHASTITY want and need is considered a mitigating prosecution for Adultery or Concubinage
circumstance. [People v. Alberto, CA 47 Requisites:
OG 2438] 1. Pardon must be made before the institution
Rationale: Law recognizes the presumed co- 1. Chapter I – Adultery and of criminal prosecution; and
ownership of the property between the offender Concubinage When applicable, both defendants shall be 2. Both offenders must be pardoned by the
and the offended party. [REYES, Book 2] entitled to the mitigating circumstance offended party [REYES, Book 2]
a. Article 333 – Adultery [REYES, Book 2].
Crimes Exempted: [TSM]
NOTE: The act of having intercourse with the
1. Theft, 2. Recrimination
Elements: [MaNoK] offending spouse after an adulterous conduct
2. Swindling (estafa), Husband’s illicit relationship does not is, at best, an implied pardon of said adulterous
1. Woman is Married;
3. Malicious mischief. [REYES, Book 2] absolve but may mitigate wife’s liability for conduct. [id.]
2. She has sexual intercourse with a man Not
her husband; adultery. [People v. Florez, CA-G.R. No.
Persons Exempted: [SADRAS-WS-BS] 26089-CR, April 6, 1964]
3. As regards the man with whom she has Adultery vs. Prostitution
1. Spouses;
sexual intercourse: he Knows that she is Adultery [Art. 333] Prostitution [Art.
married. Effect of Acquittal 202]
This includes common law spouses because Acquittal of one party does not automatically As to Nature of Crime
Arts. 147-148 of the Family Code provide that acquit the other in the following cases:
Persons Liable: [MaMa] Crime against Crime against public
common law spouses are co-owners of the [JIKDeT]
1. Married woman who engages in sexual chastity morals
property. [REYES, Book 2] 1. There is no joint criminal intent, although
intercourse with a man not her husband; As to Persons Liable
and there is a Joint physical act. [REYES, Book Married woman Woman, whether
2. Ascendants and Descendants, Relatives by 2]
2. Man who, knowing of the marriage of the married or not
Affinity in the Same line; 2. One of the parties is Insane; the other sane.
woman, has sexual intercourse with her [Ar. As to Manner of Commission
333, par. 1] [Id]
Includes legitimate and illegitimate half-brother Having sexual Habitual indulgence
3. Man has no Knowledge that the woman is
and sisters, for the law did not limit the term to intercourse with a in sexual intercourse
married. [Id]
on lascivious

Page 252 of 277 Page 253 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

man not her conduct for money nature. [People v. Cordova, C.A., G.R. No. b. Article 336 - Acts of Abuses Against Chastity vs. Crimes
husband or profit 19100-R (1959)] Lasciviousness Against Chastity
[REYES, Book 2] Abuses Against Crimes Against
Mere Cohabitation Sufficient Elements: [APeC – FoDeFraU] Chastity [Art. 246] Chastity [Art. 336]
b. Article 334 – Concubinage In the 3rd way of committing the crime, mere 1. Offender commits any Act of lasciviousness Committed by Whom
cohabitation is sufficient; Proof of scandalous or lewdness; In a majority of
Elements: [MaKeSCoK] circumstances not necessary. [People v. Pitoc, 2. Act is committed against a Person of either Public officer cases, a private
1. Man is Married; G.R. No. 18513 (1922)] sex; and individual
2. He is either: 3. It is done under any of the ff. As to How Committed
a. Keeping a mistress in the conjugal Liability of Married Man Circumstances: It is necessary that
dwelling; A married man is not liable for concubinage for a. By using Force or intimidation; or Mere immoral or some actual act of
b. Having Sexual intercourse under mere sexual relations with a woman not his b. When the offended party is Deprived of indecent proposal lasciviousness
scandalous circumstance with a woman wife. It must be under scandalous reason or otherwise unconscious; made earnestly and should have been
not his wife; circumstances. [REYES, Book 2] c. By means of Fraudulent machination or persistently executed by the
c. Cohabiting with her in any other place; grave abuse of authority offender
and No Knowledge that Woman is Married d. When the offended party is Under 12
3. As regards the woman: she Knows that he A married man who is not liable for adultery years of age or is demented. Acts of Lasciviousness v. Grave Coercion
is married. because he did not know that the woman was v. Unjust Vexation [REYES, Book 2]
married, may be held liable for concubinage. If Lewd – obscene, lustful, indecent, lecherous; Acts of Grave Unjust
Persons Liable: [MaW] the woman knew that the man was married, signifies form of immorality which has relation Lasciviousn Coercion Vexation
1. Married man; and she may be held liable for concubinage as well. to moral impurity or that which is carried in ess [Art. [Art. 286] [Art. 287]
2. Woman who knew that the man was [Id] wanton manner. [Lutap v. People, G.R. No. 336]
married. [Id] 204061, February 5, 2018] Nature of Compulsion or Force
Definition of Terms: When Spies are Employed, no evidence of • Example: When the accused not only Compulsion Compulsion No presence
1. Mistress – a woman taken by the accused scandalous circumstances kissed and embraced the complainant but or force is or force is of
to live with him in the conjugal dwelling as When spies are employed for the purpose of fondled her breast with the particular included in the very act compulsion
his mistress/concubine. [Id] watching the conduct of the accused and it design to independently derive vicarious the constituting or force, act
2. Conjugal Dwelling – the home of the appearing that none of the people living in the pleasures therefrom, the element of lewd constructive the offense of touching
husband and the wife, even if the wife vicinity has observed any suspicious conduct, designs exist. [People v. Panopio, CA 48 element of of grave is a mere
appears to be temporarily absent on any there is no evidence of scandalous OG 145] force coercion incident
account. [Id] circumstances. [US v. Campos Rueda, G.R. What Must Accompany the Act
3. Cohabit – to dwell together, in the manner No. L-11549 (1916)] No Frustrated or Attempted Acts Need not be
of husband and wife, for some period of Lasciviousness Must be Moral accompanie
time, as distinguished from occasional 2. Chapter II – Rape and Acts of There can be no attempted and frustrated acts accompanied compulsion d by any
transient interviews for unlawful intercourse. Lasciviousness of lasciviousness. [REYES, Book 2] The crime by acts of amounting moral
[People v. Pitoc, G.R. No. 18513, of consummated rape absorbs acts of lasciviousnes to compulsion
September 18, 1922] lasciviousness. [People v. Tabarangao, G.R. s or intimidation or acts of
a. Article 335 – When and How Rape
4. Scandalous Circumstances – Scandal No. 116535-36, February 25, 1999] lewdness is sufficient lasciviousne
consists in any reprehensible word or deed is Committed (repealed by RA No. ss
that offends public conscience, redounds to 8353) Sweetheart Defense Inapplicable
the detriment of the feelings of honest For purposes of sexual intercourse and When Punishable Under RA No. 7610
persons, and gives occasion to the NOTE: Art. 335 has been repealed by RA lascivious conduct in child abuse cases under (Special Protection of Children Against
neighbors’ spiritual damage or ruin. [People 8353, otherwise known as the Anti-Rape Law RA 7610, the sweetheart defense is Abuse, Exploitation and Discrimination Act)
v. Santos, 87 Phil. 687 (1950)] of 1997 which took effect on October 22, 1997. unacceptable. A child exploited in prostitution Acts of lasciviousness is punished under RA
or subjected to other sexual abuse cannot No. 7610 when performed on a child below 18
Usage of Conjugal Dwelling Not Important validly give consent to sexual intercourse with years of age, exploited in prostitution or
The fact that the wife never had a chance to another person. [Malto v. People, G.R. No. subjected to other sexual abuse. [REYES,
reside therein and that the husband used it with 164733 (2007)] Book 2]
his mistress instead, does not detract from its

Page 254 of 277 Page 255 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Elements of Lascivious Conduct under RA b. Seduction of sister or descendant, whether 4. Those who abused their Relationship: without use
No. 7610 or not she is a virgin or over 18 years of age a. Brother who seduced his sister; or of force
The following elements of sexual abuse under b. Ascendant who seduced his Consent
Sec. 5 (b) of RA 7610 must be proven in Elements of (a): [VOUSA] descendant. Not a Defense; Not a
addition to the elements of acts of 1. Offended party is a Virgin, which is defense; if consent defense
lasciviousness: [SE-18] presumed if she is unmarried and of good Domestic – a person usually living under the there is given by the
a. Accused commits the act of Sexual reputation; same roof, pertaining to the same house. consent, it offended
intercourse or lascivious conduct. 2. She is Over 12 and Under 18 yrs. of age; [REYES, Book 2] can be party results
b. Said act is performed with a child Exploited 3. Offender had Sexual intercourse with her; punished in
in prostitution or subjected to other sexual and Not a Continuing Offense under Art. 339 consensual
abuse. 4. There is Abuse of authority, confidence, or The loss of virginity during the minority of the sex and is
c. Child, whether male or female, is below 18 relationship on the part of the offender. offended party consummated the offense, and not
years of age. [Navarrete v. People, G.R. the virginity of a woman cannot be lost twice. punishable
No. 147913 (2007)] Elements of (b): [SiDoSBA] Carnal relations after 18 years of age does not
1. Offended party is the Sister or Descendant constitute continuation of the offense begun b. Article 338 - Simple Seduction
Additional elements, according to the IRR: of the offender, regardless of the former’s when she was under 18. [People v. Bautista,
[TSIG] age or virginity; 12 OG 2405] Elements: [ORSeD]
a. There is intentional Touching, either directly 2. Offender had Sexual intercourse with her; 1. Offended party is Over 12 and under 18
or through clothing, of the genitalia, anus, and Acts of Lasciviousness v. Attempted Rape years of age;
groin, breast, inner thigh, or buttocks, OR 3. Offender is her Brother or Ascendant by v. Qualified Seduction 2. She is of good Reputation, single or widow;
the introduction of any object into the consanguinity, whether legitimate or Acts of Attempted Qualified 3. Offender had Sexual intercourse with her;
genitalia, anus or mouth, of any person, illegitimate. Lasciviousne Rape Seduction and
b. Committed against same or opposite Sex, ss [Art. 336] [Art. 266-A] [Art. 337] 4. It was committed by means of Deceit.
c. There is Intent to abuse, humiliate, harass, NOTES: Offended Party
degrade, or arouse or gratify the sexual 1. If the sister or descendant is under 12 Either sex Woman Woman Deceit
desire of any person, bestiality, years of age, the crime would be rape; and (Rape by Deceit generally takes the form of unfulfilled
masturbation, lascivious exhibition of the 2. If she is married and over 12 years of age, sexual promise of marriage and this promise need not
genitals or pubic area of a person. it would be adultery [REYES, Book 2]. intercourse) immediately precede the carnal act. [People v.
Requisite of Sexual Intercourse Iman, 62 Phil 92]
3. Chapter III – Seduction, Virgin - a woman of chaste character and of Not required, Not Element of
good reputation. The offended party need not lascivious required, the offense Promise of marriage by a married man is not a
Corruption of Minors and be physically a virgin because virginity is acts are the what is deceit, if the woman knew him to be married.
White Slave Trade presumed if the woman is unmarried and of final objective required is [REYES, Book 2]
good reputation. [People v. Yap, G.R. No. L- sought by the that the
a. Article 337 - Qualified Seduction 25176, (1968); People v. .Ramos, CA, 72 OG offender intent be to Qualified Seduction vs. Simple Seduction
8139] lie with the Qualified Simple Seduction
Seduction - enticing a woman to unlawful victim Seduction [Art. [Art. 338]
sexual intercourse by promise of marriage or Offenders in Qualified Seduction: [AER] Intent 337]
other means of persuasion without use of 1. Those who abused their Authority: Acts Acts Enticing a Virginity
force. It applies when there is abuse of a. Person in public authority performed do performed woman to Essential element of Not an essential
authority (qualified seduction) or deceit (simple b. Guardian; or not indicate clearly unlawful the crime element, it is enough
seduction). [REYES, Book 2] c. Teacher that the intent indicate that sexual that the woman is
2. Person who, in any capacity, is Entrusted of the the intercourse single or a widow of
Two Classes of Seduction: with the education or custody of the woman accused was accused’s by promise good reputation and
a. Seduction of a virgin over 12 years and seduced. to lie w/ the purpose of marriage has a chaste life
under 18 years of age by certain persons 3. Those who abused confidence reposed in offended was to lie w/ or other [Reyes, Book II]
such as, a person in authority, priest, them: party. the offended means of Deceit
teacher or any person who, in any capacity a. Priest woman. persuasion Not an essential Essential element
shall be entrusted with the education or b. House servant; or
element since it is
custody of the woman seduced. c. Domestic

Page 256 of 277 Page 257 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

replaced by abuse relationship or by means of deceit. [REYES, (below 18 years old) to satisfy the lust of Prostitutes Anyone who Anyone
of confidence. Book 2] another. [REYES, Book 2] who, for purchases, who
[People v. money or sells, engages in
Fontanilla, G.R. No. Offended Party NOTES: profit, kidnaps or the
L-25354 (1968)] Male cannot be the offended party under Art. 1. It is not necessary that the unchaste acts habitually detains a business or
As to Manner of Commission 339; unlike Art. 336, it does not mention shall have been done. What the law indulge in human profits by
May be committed Can be committed “persons of either sex” as the offended party. punishes is the act of a pimp who facilitates sexual being for the
prostitution
only with abuse of even without abuse [id.] the corruption of, and not the performance intercourse or purpose of or enlists
authority, abuse of of authority, abuse of unchaste acts upon the minor. [id.] lascivious enslaving another for
confidence or abuse of confidence or Circumstances for Seduction 2. Victim must be of good reputation, not a conduct him the purpose
of relationship abuse of relationship It is necessary that it be committed under prostitute or corrupted person. [id.] of
As to Offender circumstances which would make it qualified or prostitution
Specific offenders Any person so long simple seduction had there been sexual "To satisfy the lust of another." Consent of Woman
such as a person in as there is deceit. intercourse, instead of acts of lewdness only. Because of this phrase, one who casts for his Woman Committed With or
public authority, [REYES, Book 2] own ends does not incur the sanction of the consented against her without
priest, house law. [id.] since she is will woman’s
servant, guardian, Higher Degree Imposed if Victim is Under the one consent
teacher or any 12 e. Article 341 - White Slave Trade habitually
person entrusted When the victim is under 12 yrs., the penalty engaged in
with the education or shall be one degree higher than that imposed Acts Punishable: [BuPS] the act
keeping of the by law. [Sec. 10, RA 7610] 1. Engaging in Business of prostitution
offended woman 2. Profiting by prostitution 4. Chapter IV - Abduction
seduced, a brother Acts of Lasciviousness vs. Acts of 3. Enlisting the Services of women for the
seducing his sister, Lasciviousness with Consent purpose of prostitution.
Acts of
a. Article 342 - Forcible Abduction
or ascendant Acts of
seducing a Lasciviousness Corruption of Minors vs. White Slave Trade
Lasciviousness Elements: [WAL]
descendant. with Consent Corruption of White Slave Trade
[Art. 336] 1. Person abducted is any Woman, regardless
[Art. 339] Minors [Art. 340] [Art. 341]
of her age, civil status or reputation;
c. Article 339 - Acts of Circumstances under Which the Minority of Victims
2. Abduction is Against her will; and
Lasciviousness with the Consent Crime was Committed It is essential that Victim need not be a
Committed under Committed under 3. Abduction is with Lewd designs.
of the Offended Party the victims are minor
circumstances circumstances minors
which, had there which, had there Abduction
Sex of Victims
Elements: [LUA] been carnal been carnal The taking away of a woman from her house or
1. Offender commits acts of Lasciviousness or May be of either sex Females the place where she may be for the purpose of
knowledge, would knowledge, would Profit
lewdness; amount to rape amount to either carrying her to another place with intent to
2. Acts are committed upon a woman who is a Not necessarily for Generally for profit marry or corrupt her. [People v. Crisostomo,
qualified or simple
virgin or single or widow of good reputation, profit G.R. No. L-19034, February 17, 1923]
seduction
Under 18 yrs. of age but over 12 yrs., or a Habituality
Offended Party
sister or descendant, regardless of her Committed by a Generally committed If Female is Under 12 years of age
Offended party single act habitually
reputation or age; and Offended party is a If the female abducted is under 12, the crime is
should only be
3. Offender Accomplishes the acts by abuse of female or male [REYES, Book 2] forcible abduction, even if she voluntarily goes
female
authority, confidence, relationship, or with her abductor. [Id]
deceit. White
d. Article 340 - Corruption of Minors Prostitution Slavery Slave Elements of Complex Crime of Forcible
"With the Consent of the Offended Party." (as amended by BP Blg. 92) [Art. 202] [Art. 272] Trade Abduction with Rape:
The offended woman may have consented to [Art. 341] 1. Abductor had carnal knowledge of the
the acts of lasciviousness being performed by Punishable Act: Promoting or facilitating the Offender abducted women; and
the offender on her person, but the consent is prostitution or corruption of persons underage 2. It is committed by:
obtained by abuse of authority, confidence or a. Using force or intimidation; or

Page 258 of 277 Page 259 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. When the woman is deprived of reason No There is There is rape. [People v. Amante, G.R. No. L-25604, b. If of legal age and not incapacitated, only
or otherwise unconscious or when the deprivation deprivation deprivation December 6, 1926] she can file the complaint.
woman is under 12 years of age or is of liberty. of liberty. of liberty
demented. [People v. Domingo, G.R. No. [REYES, Book 2] Crimes against Chastity where Age and Criminal prosecution cannot be
225743, June 7, 2017] Reputation are Immaterial: [RAQF] instituted:
Forcible Abduction with Rape vs. a. Rape [Art. 266-A]; a. Unless instituted by the offended party or
NOTE: Primary objective of the offender must Kidnapping with Rape vs. Corruption of b. Acts of lasciviousness against the will or her parents, grandparents, or guardian;
not be to commit rape [id.] Minors without the consent of the offended party or
Forcible [Art. 336] b. If offender has been expressly pardoned
Forcible Abduction with Several Acts of Abductio Kidnapping Corruption c. Qualified seduction of sister or by the above-named persons
Rape n with with Rape [Art. of Minors descendant [Art. 337]
While the first act of rape was being performed, Rape 267] [Art. 340] d. Forcible abduction [Reyes, Book Two] If a minor or incapacitated refuses to file,
the crime of forcible abduction had already [Art. 342] [Art. 342] either of the next succeeding persons
been consummated, hence, forcible abduction As to Purpose may file:
can only be attached to the first act of rape, Purpose Purpose is to Crimes against Chastity where Age and a. Either of the parents;
detached from the 3 subsequent acts of rape. Purpose is Reputation is Material: [QS-LaCA] b. Either of the grandparents, maternal or
is to deprive the
The effect therefore would be one count of to lend the a. Qualified Seduction (of a virgin over 12 paternal;
effect his victim of his
forcible abduction with rape and 4 counts of victim to and under 18) [Art. 337] c. Legal or judicial guardian; or
lewd liberty.
rape for each of the accused. [People v. Jose, illicit b. Simple Seduction [Art. 338] d. The state, as parens patriae when the
designs
G.R. No. L-28232 (1971)] intercourse c. Acts of Lasciviousness with the Consent offended party dies or becomes
on the
with others of the Offended Party [Art. 339] incapacitated before she could file the
victim
As to Classification d. Corruption of Minors [Art. 340] complaint and she has no known
Rules on Absorption Crime Crimes e. Consented Abduction [Art. 343] parents, grandparents or guardians.
1. Forcible abduction is absorbed by rape – Crime against [Rules of Court, Rule 110, Sec. 5]
against against
if main objective was to rape the victim liberty NOTE: The right to file the action shall be
chastity Chastity 5. Chapter V: Provisions
[People v. Godines, G.R. No. 93410 [REYES, Book 2] exclusive of all other persons and shall be
(1991)].
Relating to the Preceding exercised successively in the order
2. Attempted rape is absorbed by forcible
b. Article 343 - Consented Abduction
Chapters of Title 11 provided above [Rules of Court, Rule 110,
abduction – thus, there is no complex Sec. 5].
crime of forcible abduction with attempted
Elements: [VOCoL] a. Article 344 - Prosecution of Private
rape. [Id] Offenses Rape May be Prosecuted de officio
1. Offended party is a Virgin;
3. Conviction of acts of lasciviousness is Rape is now a crime against persons, which
2. She is Over 12 and under 18 yrs. of age;
not a bar to conviction of forcible How prosecuted: may be prosecuted de officio. [RA No. 8353,
3. Offender takes her away with her Consent,
abduction. [People v. Godines, G.R. No. a. Adultery and Concubinage - prosecuted Sec. 2]
after solicitation or cajolery from the
93410 (1991)] upon the complaint signed by the offended
offender;
spouse. Complex Crimes; Instituted by Public
4. Taking away is with Lewd designs.
Forcible Abduction v. Grave Coercion v. Prosecutor
Serious Illegal Detention Criminal prosecution cannot be In case of complex crimes, where one of the
NOTE: When there was no solicitation or
Serious instituted: component offenses is a public crime, the
Forcible Grave cajolery and no deceit and the girl voluntarily
Illegal a. Unless both guilty parties, if both are criminal prosecution may be instituted by the
Abduction Coercion went with the man, there is no crime committed
Detention alive, are included; or public prosecutor. [People v. Yu, G.R. No. L-
[Art. 342] [Art. 286] even if they had sexual intercourse. [REYES,
[Art. 267] b. If offended party have consented or 13780, January 28, 1961]
Book 2]
As to Existence of Lewd Design pardoned the offenders
Lewd design Lewd design Effect of Marriage
With lewd Complex Crime of Consented Abduction
is not an is not an b. Seduction, Abduction and Acts of 1. Marriage of the offender with the offended
design with Rape
element element Lasciviousness - prosecuted upon the party in seduction, abduction, acts of
When a 15-year-old girl was induced by the
As to Deprivation of Liberty complaint signed by the offended party – lasciviousness and rape, extinguishes
accused to leave her home and later was
a. Even if a minor, or criminal action or remits the penalty already
forcibly violated by him, the accused is guilty of
imposed [Art. 344, RPC].
the complex crime of consented abduction with

Page 260 of 277 Page 261 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. It also extinguishes the criminal actions Civil Liability of Adulterer and Concubine Punished as Principals 2. She is Not 2. The 2. The
against the co-principals, accomplices, and The adulterer and the concubine can be Above-mentioned persons who act as actually exchange is offender
accessories [Art. 344, RPC] sentenced only to indemnify for damages accomplices in crimes against chastity (except pregnant Without the conceals or
3. Marriage must be entered into in good faith. caused to the offended spouse. adultery and concubinage) shall be punished knowledge Abandons
4. Marriage may take place even after criminal ● The article authorizes the imposition of as principals. [RPC, Art. 346, par. 1] of the such child
proceedings have commenced, or even indemnity in cases of concubinage against respective
after conviction (extinguishes criminal the concubine only, but not against the parents
action and remits penalty). [REYES, Book 2] guilty husband. [REYES, Book 2] L. CRIMES AGAINST THE CIVIL 3. She 3. The
● The guilty wife in adultery cannot also be STATUS OF PERSONS Takes offender has
Pardon sentenced to indemnify for damages another child the Intent to
Pardon of the offenders by the offended party caused to the offended husband, the law as her own cause such
is a bar to prosecution for adultery or speaks of adulterer not adulteress [id.] 1. Chapter I: Simulation of on the day of child to lose
concubinage [Art. 344, par. 2] Births and Usurpation of Civil supposed its civil
All the Accused must Support the Offspring delivery status
Pardon; How Given All the accused must support the offspring
Status
[REYES, Book 2]
General rule: May be express or implied since any one of them may be the father and
contributed in giving birth to the child. [id.] a. Article 347 - Simulation of Births, NOTES:
Exception: Pardon must be express in Substitution of One Child for a. Object of the crime is the creation of false,
seduction, abduction, rape, or acts of Moral Damages Another, and Concealment or or the causing of loss of civil status.
lasciviousness. [REYES, Book 2] Moral damages may be recovered both by the Abandonment of a Legitimate [REYES, Book 2]
offended party and her parents. [id] Child b. Unlawful sale of a child by his father is not
Condonation a crime under this article. [US v. Capillo,
Condonation is forgiveness based upon the c. Article 346 – Liability of Punishable Acts [SimSuCo] G.R. No. 9279 (1915)]
presumption and belief that the guilty party has Ascendants, Guardians, Teachers 1. Simulation of births;
repented. However, any act of infidelity to the and Other Persons Entrusted with 2. Substitution of one child for another; “Abandon”
vows of marriage, subsequent to the 3. Concealing or abandoning any legitimate It is the practice of abandoning newly born
the Custody of the Offended Party
condonation constitutes a new offense. child with intent to cause such child to lose infants and very young child at the door of
[REYES, Book 2] its civil status. hospitals and churches. It is leaving the child at
Persons Liable: [CETeC]
a public place where other people may find it
1. Persons who Cooperate as accomplices in
b. Article 345: Civil Liability of rape, seduction, abduction, etc. [CATAG] Elements: and causing the child to lose its civil status.
Persons Guilty of Crimes Against Mode 1: Mode 2: Mode 3: [REYES, Book 2]
a. Ascendants
Chastity b. Guardians Simulation Substitutio Concealing
of births n of 1 child or Other Persons Liable :
c. Curators
Those Guilty of Rape, Seduction or [PNT] for another Abandonin 1. The woman who simulates the birth and
d. Teachers, and
Abduction shall: [IOS - AMDO] [EW] g any the one who furnishes the child are both
e. Any other person, who cooperate as
1. Indemnify the offended woman legitimate responsible as principals. [REYES, Book 2]
accomplice with abuse of authority or
2. Acknowledge the Offspring, unless the law child [LAI] 2. A physician or surgeon or public officer,
confidential relationship
should prevent him from doing so 1.Woman 1. A child of 1. The child who cooperates in the execution of these
2. Teachers or persons entrusted with
3. Support the offspring, except: Pretends to a couple is is Legitimate crimes, is also liable if he acts in violation
Education and guidance of the youth shall
a. In cases of Adultery and Concubinage be penalized with disqualification be pregnant Exchanged of the duties of his profession or office.
b. Where either of the offended party or with a child [REYES, Book 2]
(temporary special disqualification to
accused is Married perpetual special disqualification). of another
c. When paternity cannot be Determined, 3. Any person falling within the Terms of this couple/ A
such as in multiple rape; and article, and any other person guilty of living child is
d. Other instances where the law prevents Corruption of minors for the benefit of placed in
such another, shall be punished by special place of
disqualification from filling the office of another
guardian. [Art. 346] woman’s
dead child

Page 262 of 277 Page 263 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Abandonment in Art 347 v. Abandoning a Damage not necessary Damage or incapacity is not a defense. Since a Defense has Burden of Proof
Minor in Art 246 prejudice marriage contracted during the Once the prosecution has established that the
Concealment or is subsistence of a valid marriage is defendant was already married at the time he
Abandoning a
Abandonment of a necessary automatically void, the nullity of the 2nd contracted the second marriage, the burden of
Minor marriage is not per se an argument to avoid
Legitimate Child proof to show the dissolution of the first
[Art. 246] criminal liability [Tenebro v. CA, G.R. No marriage is on the defense. [id.]
[Art. 347] 2. Chapter II: Illegal Marriages
As to the Offender 150758 (2004)]
One who has the Prescription Period
Any person
custody of the child
a. Article 349 – Bigamy Effect of Divorce Prescription commences not from the time of
As to Intent When both When one spouse commission but from the time of its discovery
Elements [LeNSEs]:
To avoid obligation spouses are is an alien by the complainant spouse. The rule of
To cause the child to 1. Offender has been Legally married; Filipino Citizens
of rearing and constructive notice does not apply. [Regalado]
lose his civil status 2. Marriage has Not been legally dissolved or,
caring for the child The divorce The Filipino spouse
in case his or her spouse is absent, the
b. Article 348 - Usurpation of Civil obtained from is capacitated to Bigamy vs. Adultery and Concubinage
absent spouse could not yet be presumed
foreign courts is not remarry just as the Bigamy Adultery/Concubin
Status dead according to Civil Code
valid. A spouse who foreign spouse is [Art 349] age [Art 333/Art
3. Offender contracts a Second or subsequent
remarries is still [Art. 26, Family 334]
Elements [RAE] marriage liable for bigamy. Code] Thus after As to Nature of the Offense
1. A person Represents himself to be another 4. The second or subsequent marriage has all obtaining a divorce, Public Offense, Private offense,
2. He Assumes the filiation or the parental or the Essential requisites for validity.
One who contracts a the Filipino spouse crime against status crime against
conjugal rights of such another person; and
second marriage may contract a chastity
3. There is intent to Enjoy the rights arising NOTE: Bigamy does not apply to those married
believing he was second marriage As to Effect of Pardon
from the civil status of another under the Muslim Code [PD 2083, Art 180]
lawfully divorced without being liable No effect Bars prosecution
may be liable for for bigamy. As to Who May Prosecute
Qualifying Circumstance Causes Producing Legal Dissolution of
bigamy through At the instance of Only at the instance
The crime is qualified if the purpose is to First Marriage
reckless imprudence the State; thus it is of the offended party
defraud the offended party or his heirs [Art. 1. Death of one of the contracting parties
[People v. immaterial who
348, RPC]. 2. Judicial declaration annulling a void
Schneckenburger, initiates the action.
marriage;
G.R. No. 2457 As to Who should be Impleaded
NOTE: Usurpation of profession may be 3. Judicial decree annulling a voidable
(1938)] The offending Both the guilty
punished under this Article. [REYES, Book 2] marriage [REYES, Book 2]
[REYES, Book 2] spouse. The parties must be
Usurpation of Civil Status v. Using Validity of Marriage second/subsequent impleaded (the
Bigamy and Concubinage spouse is not offending spouse
Fictitious Name v. Estafa by Deceit 1. The fact that the first marriage is void
One convicted of bigamy may also be necessarily liable for and the other party).
Usurpation Using Estafa from the beginning is not a defense. As
prosecuted for concubinage as both are the crime of bigamy
of Civil Fictitious [Art. 315] with voidable marriage, there must be a
distinct offenses. The first is an offense against and whether he/she
Status [Art. Name [Art judicial declaration of nullity of marriage
civil status, which may be prosecuted at the should be included
348] 178] before contracting the second marriage.
instance of the state; the second is an offense in the information
As to Intent [Mercado v. Tan, G.R. No. 137110 (2000)]
against chastity, and may be prosecuted only will be determined
Intent to enjoy Intent is to Intent is to 2. Validity of second marriage is a
at the instance of the offended party. [REYES, by the fiscal
rights arising conceal a defraud prejudicial question. The second
Book 2] conducting the
from crime, evade another marriage must have all the essential
another’s civil the execution (estafa by requisites for validity in such a way that it preliminary
Persons Liable as Accomplices investigation.
status must of a means of would have been valid were it not for the
If they have knowledge of the first marriage, the [People v. Schneckenburger, G.R. No 48183
be present judgement, or deceit) subsistence of the first marriage. If the
following are liable as accomplices: [SW] (1941)]
cause second marriage is void, there is no
1. Second Spouse; and
damage to bigamy. [People v. De Lara, 51 OG 4079]
2. Witness who falsely vouches for the
public interest
capacity of the contracting parties [id.]
As to Necessity of Actual Damage However, note that declaration of nullity of
the second marriage due to psychological

Page 264 of 277 Page 265 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 350 - Marriage Contracted or cine- matographic

against Provisions of Laws
M.CRIMES AGAINST exhibition, or any Exception: Sending a letter in a sealed
HONOR similar means envelope through a messenger, is not
Elements [CK-ND]: As to the Offended Party publication. [Lopez vs. Delgado, G.R. No. L-
1. Offender Contracted marriage; and Government or any 3499, (1907)]
2. He Knew at the time that:
1. Chapter I – Libel of its duly
Any person/s 3. Imputation was Malicious.
a. Requirements of the law were Not constituted
complied with; or SECTION 1. DEFINITION, FORMS, AND authorities
b. Marriage was in Disregard of a legal PUNISHMENT OF THIS CRIME As to the Effect Malice in Fact vs. Malice in Law
impediment. Injures the person's Disturbs public Malice in Fact Malice in Law
a. Article 353 - Libel character, fame or peace. As to Proof Required
NOTE: Offender must not also be guilty of reputation through Proof of malice or ill- Proof of malice is
bigamy [id.] NOTE: Defamation is the proper term for libel false and malicious will must be proved. not required,
as used in Art. 353 [REYES, Book 2] statements Thus, it may be because it is
Qualifying Circumstance shown by proof of ill- presumed to exist
The crime is qualified when the consent of the Defamation - Includes libel and slander, Elements under Art. 353: [IPMaD-DDC] will, hatred or from the
other party was obtained through violence, means the offense of injuring a person's 1. That there must be an Imputation of a purpose to injure. defamatory
intimidation, or fraud [Art. 350]. character, fame or reputation through false and crime, or of a vice or defect, real or imputation.
malicious statements. [id.] imaginary, or any act, omission, status or Presumption
c. Article 351 - Premature Marriage circumstance; Malice is not Presumed from a
Libel vs. Slander presumed since, it is defamatory
(Repealed by RA No. 10655)
Libel Slander Imputation covers: [CVA] a positive desire or imputation.
[Art. 355] [Art. 358] a. Crime allegedly committed by offended an intention to
NOTE: This provision has been when
Defamation party; annoy or endure. Exception:
President Benigno Aquino III signed into law
committed by means b. Vice or defect, real or imaginary of offended When
RA 10655 (Act Repealing Art. 351 of the RPC),
of writing, printing, party; or communication is
thus decriminalizing the said article.
lithography, c. Any Act, omission, condition, status of, or privileged, malice is
engraving, radio, circumstance relating to the offended party. not presumed.
d. Article 352 - Performance of Illegal phonograph, As to Proof of
Marriage Ceremony painting or theatrical Imputation of criminal intention is not Good Intention and Justifiable Motive
Oral defamation
or cine- matographic libelous. When malice in fact Upon proof of good
Elements [AP] exhibition, or any is present, justifiable intention and
Intent to commit a crime is not a violation of
1. Offender is Authorized to solemnize similar means the law. This is more so, when it is a mere motive cannot exist, justifiable motive,
marriages assertion or expression of opinion as to and the imputations even if the
2. He Performs or authorizes any illegal NOTE: There is no what will be the future conduct of another. become actionable. publication is
marriage ceremony distinction between [REYES, Book 2] injurious, the
calumny, insult and presumption of
Persons Liable [PC] libel. 2. Imputation was made Publicly; malice disappears.
The following can be held liable for performing [REYES, Book 2] [REYES, Book 2]
or authorizing any illegal marriage ceremony: Publication
1. Priests or ministers of any religious Defamation vs. Seditious Libel Communication of the defamatory matter to 4. Imputation was Directed to: [NJD]
denomination or sect, or Libel Seditious Libel some third person or persons. [REYES, Book a. a Natural; or
2. Civil authorities [REYES, Book 2] [Art. 355] [Art. 142(3)] 2] b. Juridical person; or
As to Acts Committed c. One who is Dead.
NOTE: If the offender is not so authorized to Sending a Letter is Sufficient Publication
Committed by Committed by
solemnize marriages, he is liable under Art General Rule: Writing a letter to another
means of writing, writing, publishing Identification of Offended Party Required
177, Usurpation of Authority [REYES, Book 2] person other than the person defamed is
printing, lithography, or circulating In order to maintain a libel suit, it is essential
radio, phonograph, scurrilous libels. sufficient to constitute publication [Orfanel vs. that the victim be identifiable, although it is not
painting or theatrical People, G.R. No. L-26877, (1969)]

Page 266 of 277 Page 267 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

necessary that he be named. [Corpus vs. Official official proceedings 2. Communication may also be in a public
Cuarderno, Sr., G.R. No. L-16969, (1966)] b. Art. 354 – Requirement of Publicity Proceedings which are not of document. [id.]
[RFC] confidential nature, or 3. That the statement is a privileged
When defamatory Statements are Presumption of Malice [Art. 354(2)] of a statement, report communication is a matter of defense - A
addressed to a Number of People General Rule: Every defamatory imputation is or speech delivered in privileged communication is a matter of
General Rule: Defamatory remarks directed at presumed to be malicious, even if it be true, if said proceedings, or defense and, like all other matters of
a group of persons is not actionable. no good intention and justifiable motive for of any other act defense, must be established by the
making it is shown. [Art. 354(1), RPC] performed by a public accused. [REYES, Book 2]
Exceptions: officer in the exercise
1. Statements are sweeping or all-embracing Rebuttal of Presumption of his functions; Exception: When in the information itself it
as to apply to every individual in that group Presumption of malice may be rebutted, if it is 2. It is made in good appears that the communication alleged to
or class [id.]; shown by the accused that: [TIJ] Faith; and be libelous is contained in an appropriate
2. Sufficiently specific so that each victim to be 1. Defamatory imputation is True, in case the 3. It is without any pleading in a court proceeding, the privilege
identifiable. [Newsweek vs. IAC, G.R. No. L- law allows proof of the truth of the Comments or becomes at once apparent and defendant
63559, (1986)] imputation; remarks. need not wait until the trial and produce
3. If the utterance is made against a number of 2. It is published with good Intention; and [REYES, Book 2] evidence before he can raise the question
people, designated by their common 3. There is Justifiable motive for making it. of privilege. [People vs. Andres, G.R. No. L-
surname, not separately mentioned, then [REYES, Book 2] Actionable Privileged Communication 14548, (1960)]
there is only one offense. [People vs. General Rule: The fact that a communication
Aquinoc, 35 OG 8844, (1966)] Exception: Malice is not presumed in is privileged does not mean that it is not 4. Defense may be overcome when the
4. Imputation tends to cause Dishonor, privileged communications: actionable; the privileged character simply prosecution shows that: [MT]
Discredit or Contempt of the person does away with the presumption of malice, a. Defendant acted with Malice in fact; or
defamed. [REYES, Book 2] Types of Privileged Communication which the plaintiff has to prove in such a case. b. There is no reasonable ground for
Privileged [Lu Chu Siong vs. Lu Tian Chong, G.R. No. L- believing the charge to be True. [REYES,
Dishonor vs. Discredit vs. Contempt Communicatio Requisites: 122, (1946)] Book 2]
Dishonor Discredit Contempt n (PC)
Disgrace, Loss of State of 1. The person who Exception: Absolute Privileged Under PC 2: Fair and True Report of Official
shame or credit or being made the Communication is not actionable even if made Proceedings [Art. 354(2)]
ignominy reputation; despised communication had a in bad faith. Absolute privileged communication
disesteem legal, moral or social is specifically recognized in the Constitution – 1. Communication must be pertinent and
[REYES, Book 2] Duty to make the it pertains to statements made in official material to the subject matter. It does not
PC 1: Private communication, or, proceedings of Congress by members thereof, protect any unnecessary defamation.
Construction of Words Communicatio at least, he had an as part of their parliamentary immunity [REYES, Book 2]
1. Meaning of the writer is immaterial; what n Made to interest to be upheld; [REYES, Book 2].
is taken into consideration is the meaning Another in the 2. Communication is 2. Only matters "which are not of
that the words conveyed on the minds of Performance addressed to an Under PC 1: Private Communication Made confidential nature" may be published -
persons of reasonable understanding, of a Legal, Officer or a board, or to Another in the Performance of a Legal, when the court, in any special case, has
discretion and candor, taking into Moral or Social superior, having Moral or Social Duty [Art. 354(1)] forbidden the publication of certain records
consideration the surrounding Duty some interest or duty in the interest of morality or decency the
circumstances which were known to the [DOF] in the matter; and 1. Accusation must be made in private same should not be published. [id.]
hearer or reader [People vs. Encarnacion, [Art. 354(1)] 3. The statements in communication. Thus, in a case where the
CA, 48 OG 1817] the communication accused aired them in a public meeting NOTE: Privilege has been strictly limited to
2. Words are to be construed in their are made in good instead of making the accusations in cases in which the right of access is secured
entirety and taken in their plain, natural Faith without malice private, it is held that is not privileged. by law [id.]
and ordinary meaning, as they would (in fact). [Reyes, [People vs. Jaring, C.A., 40 O.G. 3683]
naturally be understood by persons reading Book Two] Enumeration under Art. 354 is Not an
them, unless it appears that they were used 1. It is a fair and true NOTE: Unnecessary publicity destroys Exclusive List of Qualifiedly Privileged
and understood in another sense. [Novicio PC 2: Fair and good faith. [REYES, Book 2] Communication
Report of a judicial,
vs. Aggabao, G.R. No. 141332, (2003)] true report of
legislative, or other

Page 268 of 277 Page 269 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

It is rendered more expansive by the performance of his d. Art. 356 – Threatening to Publish e. Art. 357 – Prohibited Publication of
Constitutional guarantee of freedom of the public duties, and and Offer to Prevent such Acts Referred to in the Course of
press. [Borja vs. CA, G.R. No. 126466, (1999)] falsely charges him Publication for a Compensation Official Proceedings
1. Doctrine of Fair Comment - while in with evil motives,
general every discreditable imputation clearly designed to
Punishable Acts: [TP] Elements: [REMPO]
publicly made is deemed false, because destroy his
1. Threatening another to publish a libel 1. Offender is a:
every man is presumed innocent until his reputation or
concerning him, or his parents, spouse, a. Reporter;
guilt is judicially proved, and every false besmirch his name.
child, or other members of his family. b. Editor; or
imputation is deemed malicious,
2. Offering to Prevent the publication of such c. Manager of a newspaper daily or
nevertheless, when the discreditable c. Art. 355 – Libel by Means of libel for compensation, or money magazine.
imputation is directed against a public Writings or Similar Means consideration. 2. He publishes facts connected with the
person in his public capacity, it is not
Private life of another; and
necessarily actionable. [Borja vs. CA, id.]
Libel is Committed by Means of: NOTE: Acts under this article may be known as 3. Such facts are Offensive to the honor, virtue
[WET-CAP-PPLR] blackmail. [REYES, Book 2] and reputation of said person.
2. Statements made in self defense or in 1. Writing;
mutual controversy are often privileged 2. Engraving; Blackmail NOTE: Prohibition applies even if such
[People vs. Baja, CA 40 OG] 3. Theatrical exhibition; May be defined as any unlawful extortion of publication is made in connection with or under
4. Cinematographic exhibition; money by threats of accusation or exposure. the pretext that it is necessary in the narration
3. The person libeled is justified to hit back 5. Any similar means; ● Two words are expressive of the crime — of any judicial or administrative or judicial
with another libel [REYES, Book 2] 6. Printing; proceeding.
hush money. [U.S. vs. Eguia, et al., G.R.
7. Phonograph; No. 13540, (1918)]
General Rule: The defamatory statements 8. Painting; Art. 357 constitutes the so-called "Gag
made by the accused must be a fair answer 9. Lithography; or Felonies Wherein Blackmail is Possible: Law."
to the libel made by the supposed offended 10. Radio [LT] Newspaper reports on cases pertaining to
party and must be related to the imputation 1. Light threats. (Art. 283) adultery, divorce, issues about the legitimacy
made. [id.]
Permanent Nature of Publication 2. Threatening to publish, or offering to of children, etc., will necessarily be barred from
The word "radio" used in said Art. 355, should prevent the publication of, a libel for publication. [REYES, Book 2]
Defamatory Remarks against Public be considered in relation to the terms with compensation. (Art. 356)
Officers which it is associated, all of which have a Revelation of Source of News
General Rule: Defamatory remarks and common characteristic, namely, their Light Threats vs. Threatening to Publish or General Rule: The publisher, editor, columnist
comments on the conduct or acts of public permanent nature as a means of publication. Prevent Publication or duly accredited reporter of any newspaper,
officers which are related to the discharge of Thus, defaming through an amplifier Light Threats Threatening to magazine or periodical of general circulation
their official duties will not constitute libel is the constitutes the crime of oral defamation or [Art. 283] Publish or cannot be compelled to reveal the source of
defendant proves the truth of the imputation. Slander under Art. 358. [People vs. Santiago, Preventing any news report or information appearing in
[id.] G.R. No. L-17763] Publication
said publication [Sec. 1, RA 1477]
[Art. 356]
Exception: Any attack upon the private As to the Act Committed
Similarly, although the medium of television is Exception: When the court or a House or
character of the public officer on matters which Offender threatens 1. Threatens another
not expressly mentioned, it easily qualifies another to commit an to publish a libel; or
committee of Congress finds that such
are not related to the discharge of their official under the general provision "or any similar act which does not 2. Offering to prevent revelation is demanded by the security of the
functions may constitute libel. [People vs. Del
means." [REYES, Book 2] amount to a crime a publication of a State. [id.]
Fierro, G.R. No. 3599-R, (1950)]
libel

Criticism vs. Defamation [REYES, Book 2]

Libelous Remarks in the Heat of Passion; As to Demand for Money f. Art. 358 – Slander
Considered Threat not Libel Demand for money or Demanding money or
Criticism Defamation [Art. In such case, the offense committed is clearly imposition of any asking for monetary
353] Slander (Oral Defamation)
and principally that of threats; the statements condition is an compensation is
Libel committed by oral or speaking of base
Deals only with such Follows a public derogatory to a person named do not constitute essential element essential in Mode 2
(Offer to Prevent). and defamatory words which tend to prejudice
things as shall invite officer into his an independent crime of libel. [People vs. another in his reputation, office, trade,
public attention or private life which Yebra, G.R. No. L-14348, (1960)] business or means of livelihood. [Villanueva vs.
call for public has no connection
comment. with the People, G.R. No. 150351, (2006)]

Page 270 of 277 Page 271 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

NOTE: Slander need not be heard by the Examples of Slander by Deed Unjust Vexation vs. Acts of Lasciviousness 3. Editor or business Manager of a daily
offended party. There is oral defamation, 1. Slapping the face of another - slander by vs. Slander by Deed newspaper, magazine or serial publication.
even if other persons and not the offended deed if the intention of the accused is to Unjust Acts of Slander by 4. Owner of the printing plant which publishes
party heard the slanderous words, because a cause shame and humiliation. [People vs. Vexation Lasciviousnes Deed a libelous article with his consent and all
person's reputation is the estimate in which Delfin, G.R. Nos. L-15230 & L-15979-81, [Art. s [Art. 356] other persons who in any way participate in
others hold him [REYES, Book 2] (1961)] 287] [Art. 336] or have connection with its publication.
2. Pointing “dirty finger” or flipping off As to the Act Punished [REYES, Book 2]
Kinds of Oral Defamation: [SG] someone is simple slander by deed – the Act which The Any act
1. Simple slander act connotes the phrase "Fuck You," which does not commission of performed on Venue [Art. 360(3), RPC]
2. Grave slander (when it is of a serious and is similar to the expression "Puta" or produce a lewd act to another, not The criminal and civil actions for damages in
insulting nature). [REYES, Book 2] "Putang Ina mo," in local parlance. While it material a person of being case of written defamations shall be filed
may have cast dishonor, discredit or physical either sex with included in simultaneously or separately with the RTC of
Factors Affecting Gravity of Slander: contempt, said act is not of a serious harm, but force, or any other the province or city: [PR]
[EPCS] nature. [Villanueva vs. People, G.R. No. unjustly deprivation of crime of 1. Where the libelous article is Printed and
1. Expressions used 160351, (2006)] annoys or reason or honor, in the first published; or
2. Personal relations of the accused and the vexes fraudulent presence of 2. Where any of the offended parties actually
offended party Maltreatment by Deed vs. Slander by Deed another machination others, which Resides at the time of the commission of
3. Circumstances surrounding the case; and Maltreatment by Slander by Deed or when the dishonors, the offense.
4. Social Standing and position of the Deed [Art. 356] victim is under discredits or
offending party [id.] [Art. 266] 12 years causes Venue when Party is a Public Officer v.
As to the Act Punished contempt to Private Individual
“Putang ina mo” is a common expression Ill-treatment of Any act performed another Public Officer Private Individual
The words, "Agustin, putang ina mo" is a another by deed, on another, not party. 1. If officer holds Action shall be filed
common expression in the dialect that is often without causing any being included in As to Intent his office in the before:
employed not really to slander but rather to injury any other crime of To annoy To commit a To humiliate City of Manila – 1. CFI of the
express anger or displeasure. It is seldom, if honor, in the or vex lewd act; no or dishonor the action shall province or city
ever, taken in its literal sense. [Reyes vs. Ex. Slapping of face presence of others, intent to have be filed before: where he
People, G.R. No. L-21528 (1969)] without intent to which dishonors, sexual a. CFI of the actually resides
cause dishonor discredits or causes intercourse. City of at the time of the
g. Art. 359 – Slander by Deed contempt to another [REYES, Book 2] Manila; or commission of
party. b. City or the offense or
Elements: [NP-DDC] NOTE: Kissing a girl in public and touching her province 2. Where the
1. Offender performs any act Not included in Ex. Slapping with breast without lewd designs, committed by a where the libelous matter is
any other crime against honor. intent to cause rejected suitor to cast dishonor on the girl was libelous printed and first
2. Such act is performed in the Presence of dishonor held to be slander by deed and not acts of article is published. [Art.
other person or persons. As to Humiliation/Shame lasciviousness. [People vs. Valencia, CA-G.R. printed and 360 (3), RPC]
3. Such act casts Dishonor, Discredit or Suffering of shame Offended party No. 4136-R, (1950)] first
Contempt upon the offended party. or humiliation is not suffered from shame published.
[REYES, Book 2] required. or humiliation SECTION 2. GENERAL PROVISIONS 2. If the public
caused by the officer does not
Kinds of Slander by Deed: maltreatment. h. Art. 360 – Persons Responsible for hold office in the
1. Simple slander by deed, and As to Intent to Dishonor City of Manila –
Libel
2. Grave slander by deed (of a serious nature). Not Required Required the action shall
[id] [REYES, Book 2] Persons Liable: [PEMO] be filed before:
a. CFI of the
1. Person who Publishes, exhibits or causes
NOTE: Gravity is affected by the social province or
the publication or exhibition of any
standing of the offended party, the city where he
defamation in writing or similar means.
circumstances under which the act was held office at
2. Author or Editor of a book or pamphlet.
committed, the occasion, etc. [id] the time of
commission

Page 272 of 277 Page 273 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

of the offense 2. That the publication of the article was an false prosecution. [People vs. Rivera, G.R. 2. Principal purpose of such intrigue is
or honest mistake is not a complete defense Nos. L-38215 & 38216, (1933)] Blemishing the honor or reputation of
b. Where the but serves only to mitigate damages where another
libelous the article is libelous per se. [REYES, Book The two offenses form a complex crime, as the
article is 2.] two acts imputed to the accused had closely Intriguing Against Honor
printed and followed each other, and that the former was a Any scheme or plot designed to blemish the
first Direct Evidence necessary means to commit the latter, which is reputation of a person by means which consist
published. The proof of the truth of the accusation cannot only one crime. [People vs. Alagao, et al., G.R. of some trickery.
[Art. 360 (3), be made to rest upon mere hearsay, rumors or No. L-20721, (1966)] ● Akin to slander by deed, in that the offender
RPC] suspicion. It must rest upon positive, direct does not avail directly of written or spoken
evidence upon which a definite finding may be b. Art. 364 – Intriguing Against Honor words, pictures or caricatures to ridicule his
NOTE: Civil action shall be filed in the same made by the Court. [U.S. vs. Sotto, G.R. No. victim but of some ingenious, crafty and
court where the criminal action is filed and vice 13990, (1918)]. Elements: [IB] secret plot, producing the same effect.
versa. Moreover, court where the criminal 1. Offender makes an Intrigue; and [REYES, Book 2
action or civil action for damages is first filed j. Art. 362 – Libelous Remarks
shall acquire jurisdiction to the exclusion of
other courts [Art. 360(3), RPC]. Libelous remarks or comments connected with Incriminating Innocent Persons vs. Perjury by Making False Accusation
the matter privileged under the provisions of Intriguing Against Incriminating Perjury by Making Defamation Slander
i. Art. 361 – Proof of Truth Article 354 (Requirement for Publicity), if made Honor Against Persons False [Art. 353] [Art. 358]
with malice, shall not exempt the author thereof [Art. 364] [Art. 363] Accusations
Proof of Truth is admissible in any of the nor the editor or managing editor of a [Art. 183]
following instances: [CG] newspaper from criminal liability. [Art. 362, Gravamen of the Offense
1. When the act or omission imputed RPC] Offender makes an Offender directly False imputation is Imputation made must be
constitutes a Crime regardless of whether intrigue to blemish incriminates or made before a public and malicious, and
the offended party is a private individual or Example: The author or the editor of a the honor or imputes to an competent person calculated to cause the
a public officer. publication who distorts, mutilates or discolors reputation of innocent person the authorized to dishonor, discredit or contempt
2. When the offended party is a Government the official proceedings reported by him, or add another commission of a administer an oath, of the aggrieved party.
employee, even if the act or omission comments thereon to cast aspersion on the crime, but does not in cases in which
imputed does not constitute a crime, character of the parties concerned, is guilty of avail himself of the law requires.
provided, it is related to the discharge of his libel, notwithstanding the fact that the written or spoken
official duties. [REYES, Book 2] defamatory matter is published in connection words in
with a privileged matter. [REYES, Book 2] besmirching the
Requisites to be Considered as Defense in victim's reputation.
Defamation. Under Art. 361 (1), proof of the 2. Chapter II – Incriminatory As to the Manner of Commission
truth is not enough, it must also be proven that: Consists of some Limited to the act of Involves giving of Involves the Oral or
[TMJ]
Machinations
tricky and secret planting evidence false statement imputation of spoken
1. The matter charged as libelous is True; plot. and the like, in order under oath or the a crime, or a imputation of
2. It was published with good Motives; and a. Art. 363 – Incriminating Innocent to incriminate an making of a false vice or defect, a crime, or a
3. It was published for Justifiable ends [Art. Persons innocent person. affidavit, imputing real or vice or defect,
361, RPC] to a person the imaginary, or real or
Elements: [PIIN] commission of a any act or imaginary, or
Mitigation of Damages 1. Offender Performs an act; crime. omission or any act or
Damages may be mitigated when: 2. By such act he directly Incriminates or status. omission or
1. There is a retraction published, which must imputes to an Innocent person the status
contain an admission of the falsity of the commission of a crime; and As to the Source of Derogatory Remarks
libelous publication and evince a desire to 3. Such act does Not constitute perjury. Source cannot be
repair the wrong occasioned thereby Source can be determined
determined
[Sotelo Matti v. Bulletin Publishing, G.R. NOTE: This article is limited to "planting" [REYES, Book 2]
No. L-11202, (1918)] evidence and the like, which tends to cause

Page 274 of 277 Page 275 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Reckless v. Simple Imprudence the failure to do so constitutes negligence. according to the standard of care observed by
Reckless Simple [Picart vs. Smith, G.R. No. L-12219, (1918)] other members of the profession in good
N. QUASI-OFFENSES Imprudence Imprudence standing under similar circumstances bearing
[FaV-MD-P] [PN] Concurrent Negligence in mind the advanced state of the profession at
1. Offender does or 1. There is lack of Where the concurrent or successive negligent the time of treatment or the present state of
Fails to do an Precaution acts or omission of two or more persons, medical science. [Cruz vs. CA, G.R. No.
1. Sole Chapter act; although acting independently of each other 122445, (1997)]
displayed by the
2. The doing of or offender; are, in combination, the direct and proximate
a. Art. 365 – Criminal Negligence the failure to do 2. Damage cause of a single injury to a third person, and it Reckless Imprudence is a Single Crime
that act is impending to be is impossible to determine in what proportion Its consequences on persons and property are
Punishable Acts: [RSPF] Voluntary; caused is Not each contributed to the injury, either is material only to determine the penalty, thus
1. Committing through Reckless imprudence 3. It was without immediate nor is responsible for the whole injury, even though prior conviction or acquittal of reckless
any act which, had it been intentional, would Malice; the danger his act alone might not have caused the entire imprudence bars subsequent prosecution for
constitute a grave or less grave felony or 4. Material clearly manifest. injury. [REYES, Book 2] the same quasi-offense. [Ivler vs. Modestor-
light felony. Damage results. San Pedro, G.R. No. 172716, (2010)]
2. Committing through Simple imprudence or 5. There is Doctrine of Last Clear Chance
negligence an act which would otherwise inexcusable lack A person who has the last clear chance or Penalties provided in Art. 365 are not
3. a grave or a less serious felony. of Precaution on opportunity of avoiding an accident, applicable in the following cases: [PA]
4. Causing damage to the Property of another the part of the notwithstanding the negligent acts of his 1. When the Penalty provided for the offense
through reckless imprudence or simple offender, taking opponent or that of a third person imputed to is equal to or lower than those provided in
imprudence or negligence. into the opponent is considered in law solely the first 2 paragraphs of Art. 365;
5. Causing through simple imprudence or consideration responsible for the consequences of the 2. When by imprudence or negligence and
negligence some wrong which, if done his: [EDO] accident [Bustamante vs. CA, G.R. No. 89880, with violation of the Automobile Law, the
maliciously, would have constituted a light a. Employment (1991)] death of a person shall be caused [REYES,
Felony. [Art. 365, RPC] or Book 2]
NOTE: Imprudence or negligence is not a occupation; Emergency Rule
crime in itself; it is simply a way of committing b. Degree of An automobile driver who, by the negligence of The following provisions does not apply to
a crime. [REYES, Book 2] intelligence, another and not by his own negligence, is acts penalized under Art. 365:
physical suddenly placed in an emergency and 1. Art. 64; Art. 64 relative to mitigating and
Qualifying Circumstance condition; compelled to act instantly to avoid a collision or aggravating circumstances is not
Failing to lend help is a qualifying and injury is not guilty of negligence if he makes applicable to crimes committed through
circumstance. [Art. 365, RPC] c. Other such a choice which a person of ordinary negligence. [People vs. Medroso, Jr., G.R.
circumstance prudence placed in such a position might make No. L-37633, (1975)]
Imprudence vs. Negligence s regarding even though he did not make the wisest choice. 2. Art. 48; Art. 48 is a procedural device
Imprudence Negligence persons, time [REYES, Book 2] allowing single prosecution of multiple
As to the Nature of the Action and place. felonies meanwhile Art. 365 is a
Deficiency of action Deficiency of [REYES, Book 2] Requisites for the Emergency Rule to substantive rule penalizing not an act
or failure in perception or failure Apply: defined as a felony but "the mental attitude
precaution in advertence NOTE: There must be injury to person/s or The situation must be: [SDN] behind the act, the dangerous
To Avoid the Wrongful Acts damage to property as a result of the 1. Sudden and unexpected; recklessness, lack of care or foresight”.
By taking the By paying proper imprudence [id.] 2. Deprive him of all opportunity for There is a single mental attitude regardless
necessary attention and using deliberation; and of the resulting consequences. Thus, Art.
precaution once due diligence in Test of Negligence – Picart Test 3. It must be such that the actor must have No 365 was crafted as one quasi-crime
they are foreseen. foreseeing them. Would a prudent man, in the position of the knowledge that unusual consequences may resulting in one or more consequences.
As to Effect person to whom negligence is attributed, result from his act [id.] [REYES, Book 2.]
Both are merely means of committing a foresee harm to the person injured as a
crime, thus are not crimes in themselves. reasonable consequence of the course about Medical Negligence - Test NOTE: Contributory negligence is not a
[REYES, Book 2] to be pursued? If so, the law imposes a duty on Whether or not a physician has committed an defense but only mitigates criminal liability.
the actor to refrain from that course or to take "inexcusable lack of precaution" in the [REYES, Book 2]
precaution against its mischievous results, and treatment of his patient is to be determined

Page 276 of 277 Page 277 of 277