RPC Book 2 and Special Penal Laws Elements

REVISED PENAL CODE
BOOK 2
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Art. 114 - Treason 1. The offender is a Filipino by birth or an alien residing in the Philippines
2. There is a war in which the Philippines is involved
a. There must be an actual assembly of men
b. For the purpose of executing or effecting a treasonable design by force
3. The offender either:
a. Levies war against the PH government
b. Adheres to the enemies by giving them aid or comfort
Art. 115 - Conspiracy:
Conspiracy and 1. There is a meeting of two or more persons
proposal to commit 2. They come to an agreement to commit the crime of treason
treason 3. They decide to commit it
Proposal:
1. A person has decided to commit the crime of treason
2. He proposes its execution to some other person or persons
Art. 116 - 1. Offender is a Filipino citizen who owes permanent allegiance to the Philippine government
Misprision of 2. That he has knowledge of any conspiracy to commit treason against the government
treason 3. He conceals or fails to disclose of knowledge to commit treason as soon as possible to the
authorities
Art. 117 - I. By entering, without authority therefore, a warship, fort, or naval or military
Espionage establishment or reservation to obtain any information, plans, photographs or other data
of a confidential nature, relative to the defense of the Philippines
II. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in par no. 1 of art. 117, which he head in his possession by
reason of the public office he holds
Art. 118 - 1. That the offender performs unlawful or unauthorized acts by the Philippine government
Inciting to war or 2. That the said acts provoke or give occasion for a war involving or liable to involve the
giving motives or Philippines or expose Filipino citizens to reprisals on their persons and property while they
reprisals are in a foreign country
3. He is not legally authorized to do so
Art. 119 - Violation 1. The crime is committed when there is a war but the Philippines is not involved in the said war
of Neutrality 2. The competent authority issued a regulation for the purpose of enforcing neutrality among
Filipino citizens
3. The offender violates such regulation imposed
Art. 120 - 1. That it is in the time of war in which the Philippines is involved
Correspondence 2. That the offender makes correspondence with an enemy country or any territory occupied by
with hostile country enemy troops
3. That the correspondence is either
a. Prohibited by the Philippine government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy
Art. 121 - Flight to 1. That there is a war in which the Philippines is involved
enemy’s country 2. That the offender must be owing allegiance to the Philippine government
3. That the offender attempts to flee or go to enemy’s country
4. That going to the enemy country is prohibited by a competent authority
Art. 122 - Piracy in Piracy
general and mutiny 1. The vessel is located either in the high seas or on Philippine waters
on the high seas or 2. Offenders must be strangers to the vessel, not members of the complement or passengers of
in Philippine waters the vessel.
3. Mode of committing piracy:
a. Offenders either attack or seize the vessel
b. Either seize in whole or in part the cargo, the equipment or the personal belongings of
the passengers or members of the complement
Mutiny
1. The vessel is either on the high seas or on Philippine waters
2. The offenders are members of the complement or passengers of the vessel
3. The offenders raise a commotion or disturbance on board the ship against the lawful
command of the captain or the commander of the ship
Art. 123 - Qualified Qualified piracy
piracy 1. The offender seized a vessel by boarding or firing upon the same
2. Offenders abandoned their victims without means of saving themselves
Criminal Law – Book 2

Prepared by: Lord Bien G. Lelay and Gena Myrtle P. Terre
UST Law – 1A (2015)
3. The crime is accompanied by murder, homicide, physical injuries or rape
Qualified mutiny (acc. to legal luminaries)

1. Offenders have abandoned their victims without means of saving themselves
2. The crime is accompanied by murder, homicide, physical injuries or rape
ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD 532)
Piracy is committed 1. By attacking or seizing the vessel or seizing in whole or in part the cargo, equipment or
personal belongings of the members of the vessel irrespective of the value thereof
2. By mean of force and violence
3. By any person whether he may be a member of the complement or passenger of the vessel
or strangers to the vessel
4. The vessel is on Philippine waters
ANTI-HIJACKING LAW (RA 6235)
Four acts I. By compelling the pilot of an aircraft of Philippine registry to change its course or
destination or by seizing or usurping control thereof while it is in flight
II. By compelling an aircraft of foreign registry to land in Philippine territory or by seizing or
usurping control thereof while the same is in Philippine territory
III. By carrying or loading on board a passenger aircraft operating as a public utility in the
Philippines materials or substances which are explosive, flammable, corrosive or
poisonous
By shipping, carrying or loading on board a cargo aircraft operating as a public utility in the Philippines
materials or substances which are explosive, flammable, corrosive or poisonous in a manner not in
accordance with the rules and regulations of the Air Transportation Office (Civil Aeronautics Board)
Qualifying 1. By firing upon the pilot or member of the crew or passenger of the aircraft
circumstances (for 2. By exploding or attempting to explode by mean of a bomb or explosive for purposes of
first two acts) destroying the aircraft
Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape
HUMAN SECURITY ACT OF 2007 (RA 9372)
Terrorism, how Under RPC
committed a. Piracy
b. Rebellion
c. Coup d’etat
d. Murder
e. Kidnapping and serious illegal detention
f. Crimes involving destruction
Under special penal laws

a. The Law on Arson
b. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990
c. Atomic energy Regulatory and Liability Act of 1968
d. Anti-Hijacking Law
e. Anti-piracy and Anti-highway Robbery Law of 1974
f. Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunitions or Explosives
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
Art. 124 – Arbitrary 1. Offender is a public officer or employee
detention by 2. He detains a person
detaining a person 3. That the detention is without legal grounds
a. When the said offended party was arrested without a warrant of arrest
without legal
b. When the said offended party was arrested and his arrest and detention does not fall
ground
under any of the circumstances or a valid warrantless arrest
c. When he is not suffering from violent insanity or any other ailment which requires
compulsory requirement
Art. 125 – Arbitrary 1. The offender here is a public officer or employee vested with authority to effect arrest and
detention by failing detain a person
to deliver the 2. That offender has detained a person for some legal ground
detained person to 3. That the offender fails to deliver the person arrested to the proper judicial authorities within
a. 12 hours, for crimes or offenses punishable by light penalties or their equivalent
the proper judicial
b. 18 hours, for crimes or offenses punishable by correctional penalties or their equivalent
authorities c. 36 hours, for crimes or offenses punishable by afflictive or capital penalties or their
equivalent
Art. 126 – Arbitrary 1. The offender is a public officer or employee
detention by 2. That there is a judicial or executive order for the release of the prisoner or detention prisoner,
delaying the release or that there is a proceeding upon a petition for the liberation of such person
3. That the offender without good/valid reason delays:

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of prisoner a. The service of the notice of such order to the prisoner
b. The performance of such judicial or executive order for the release of the prisoner
c. The proceeding upon a petition for the release of such prisoner
Art. 127 – Expulsion 1. Offender is a public officer or employee
2. That he commits any of the ff. acts:
a. Expels any person from the Philippines
b. Compels him to change his residence
3. That he has no lawful authority to do so
Art. 128 – Violation 1. Offender is a public officer or employee acting under the color of authority
of domicile 2. He was not authorized by a judicial order to enter the dwelling and/or make a search therein
for papers and other effects
3. He either:
a. Enters the dwelling of another against the will of the latter
b. Searching for papers or other effects found therein without the consent of the owner,
c. After having surreptitiously entered the dwelling, being discovered and asked to leave,
he refuses to leave
Art. 129 – Search 1. That the offender is a public officer or employee
warrants 2. That he procures a search warrant
maliciously 3. That there is no just cause
obtained and abuse ----------------
in the service of I. By procuring a search warrant without just cause
II. By exceeding his authority or by using unnecessary severity in executing a search
those legally
warrant legally procured
obtained
Art. 130 – Searching 1. That the offender is a public officer or employee

domicile without 2. That he is armed with search warrant legally procured
witnesses 3. That he searches the domicile, papers or other belongings of any person
4. That the owner, or any member of his family, or two witnesses residing in the same locality
are not present
Art. 131 – 1. Offender is a public officer
Prohibition, 2. He committed any of the ff. acts:
interruption and a. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting,
dissolution of or by dissolving the same
b. By hindering any person from joining any lawful association or from attending any of its
peaceful meetings
meetings
c. By prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances
3. That the peaceful meeting is for any lawful purpose
Art. 132 – 1. Offender is a public officer or employee
Interruption of 2. There is a religious ceremony or manifestations of any religion are about to take place or are
religious worship going on
3. That the offender prevents or disturbs the said religious worship or religious ceremony
Art. 133 – Offending 1. Committed by a public officer or employee or a private individual
the religious 2. He performs the acts complained of:
feelings a. In a place devoted to religious worship
b. During the celebration of any religious ceremony
3. That the acts must be notoriously offensive to the feelings of the faithful
CRIMES AGAINST PUBLIC ORDER
Art. 134 – Rebellion 1. There must be:
or insurrection a. Public uprising
b. Taking arms against the government
2. That the purpose of the uprising or movement is either–
a. To remove from the allegiance to said government or its laws:
(1) The territory of the Philippines or any part thereof
(2) Any body of land, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives
Art. 134-A – Coup 1. That the offender is a person or persons belonging to the military or police or holding any
D’etat public office or employment
2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy, or stealth
3. That the attack is directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communication networks, public utilities or
other facilities needed for the exercise and continued possession of power
4. That the purpose of the attack is to seize or diminish state power
Art. 135 – Penalty The ff. are liable:

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for rebellion, I. The leaders
insurrection or coup 1. Any person who promotes, maintains, or heads a rebellion or insurrection
d’etat 2. Any person who leads, directs or commands others to undertake a coup d’etat
II. The participants
1. Any person who participates, or executes the commands of others in rebellion, or
insurrection
2. Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup d’etat
3. Any person not in the government service who participates, supports, finances,
abets, or aids in undertaking a coup d’etat
Art. 136 – Conspiracy
Conspiracy and 1. There are two or more persons
proposal to commit 2. They come to an agreement concerning the commission of rebellion
coup d’etat, 3. They decide to commit it
rebellion or
insurrection Proposal
1. A person decides to commit rebellion
2. He proposes its execution to another person
Art. 137 – Disloyalty I. By failing to resist a rebellion by all the means in their power
of public officers or II. By continuing to discharge the duties of their offices under the control of the rebels
employees III. By accepting appointment to office under them
Art. 138 – Inciting to 1. Offender is any person who does not take up arms or is not in open hostility with the
rebellion or government
insurrection 2. He incites others to uprise for any of the purposes of rebellion/to the execution of any of the
acts of rebellion
3. By means of speeches, proclamations, writings, emblems, banners or other representations
tending to the same end
Art. 139 – Sedition 1. That the offender rise publicly and tumultuously
2. That they employ force, intimidation or other means outside of legal methods
3. That the offenders employ any of the ff. objectives:
a. To prevent the promulgation or execution of any law or the holding of any popular
election
b. To prevent the national government, or any provincial or municipal government or any
public officer thereof from freely exercising its or his functions, or prevents the execution
of any administrative order
c. To inflict any act of hate or revenge upon the person or property of any public officer or
employee
d. To commit, for any political or social end, any act of hate or revenge against private
persons or any social class, and
e. To despoil, for any political or social end, any person, municipality or province or the
national government of all its property or any part thereof
Art. 140 – Penalty Persons liable
for sedition 1. The leader of the sedition
2. Other persons participating in the sedition
Art. 141 – * No crime of proposal to commit sedition
Conspiracy to
commit sedition
Art. 142 – Inciting to 1. The offender is not a participant (does not take direct part) in the crime of sedition
sedition 2. He incites others to uprise for any of the purposes of sedition
3. By means of speeches, proclamations, writings, emblems, cartoon, banners, or other
representation tending to the same end. Acts of inciting to sedition:
a. Inciting others to the accomplishment of any of the acts which constitute sedition by
means of speeches, proclamations, writings, emblems, etc.
b. Uttering seditious words or speeches which tend to disturb public peace
c. Writing, publishing or circulating scurrilous libels against the government, or any of the
duly constituted authorities thereof, which tend to disturb the public peace
The second and third acts are punishable when:

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the government
Art. 143 – Acts 1. There is a projected or actual meeting of the Congress
tending to prevent 2. Offender, by means of force or fraud, prevents such meeting

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the meeting of the 3. Offender is any person
assembly and 4. He prevents the meeting of the Congress or any of its committees, or constitutional
similar bodies committees or any provincial city or municipal board
Art. 144 – 1. A meeting of Congress or of any of its committees or subcommittees, constitutional
Disturbance of commissions or committees or subdivisions thereof, or of any provincial board or city or
proceedings municipal council or board
2. Offender either disturbs any of such proceedings or he behaves while in the preserve of such
proceedings in such a manner as to interrupt the proceedings or impair the respect due it
3. Offender was present in the meeting
Art. 145 – Violation I. By using force, intimidation, threats or frauds to prevent any member of the National
of parliamentary Assembly
immunity 1. A person uses force intimidation, fraud, or threat, or any other means
2. He prevents any member of the Congress either from attending any meeting of the
Congress or from expressing his opinions or casting his vote
3. Offender is any person
II. By arresting or searching any member thereof while the National Assembly is in regular
or special session
1. Offender is a public officer or employee
2. That he arrests or searches any member of the National Assembly
3. Congress was in regular or special session at the time of the arrest
4. The member of the Congress has committed a crime not higher than prision mayor
Art. 146 – Illegal I. Any meeting attended by armed persons for the purpose of committing any of the crimes
assembly punishable under this Code
1. That there be a meeting, a gathering or group of persons, whether in fixed place or
moving
2. The meeting is attended by armed persons
3. The purpose of the meeting is to commit any of the crimes punishable under the
Code
II. Any meeting in which the audience, whether armed or not, is incited to the commission
of the crime of treason, rebellion or insurrection, sedition or assault upon a person in
authority or his agents
1. There is a meeting, a gathering or group of persons, whether in fixed place or
moving
2. The audience, whether armed or not, is incited to the commission of the crime of
treason, rebellion, or insurrection, sedition or direct assault
Art. 147 – Illegal I. Associations totally or partially organized for the purpose of committing any of the
associations crimes punishable under the Code
II. Associations totally or partially organized for some purpose contrary to public morals
Persons liable:
1. Founders, directors, president
2. Mere members
Art. 148 – Direct I. Without public uprising, by employing force or intimidation for the attainment of any of
Assault the purposes enumerated defining the crimes of rebellion and sedition
1. Offender employs force or intimidation
2. Aim of the offender is to attain any of the purposes of the crime of rebellion or any
of the objects of the crime of sedition
3. There is no public uprising
II. Without public uprising, by attacking, by employing force, or by seriously intimidating or
seriously resisting any person in authority or any of his agents, while in the performance
of official duties, or on the occasion of such performance
1. The offender either
a. Makes an attack
b. Employs force
c. Makes a serious intimidation
d. Makes a serious resistance
2. The assault is against a person in authority or an agent of a person in authority
a. Any person directly vested with jurisdiction, whether as an individual or as a
member of some court or GOCC, board or commission
b. A barangay captain and a barangay chairman
c. Teachers, professors, or persons charged with supervision of public or duly
recognized private schools, colleges or institutions
d. Lawyers while engaged in their professional duties or while in the act of their
professional duties
3. That at the time of the assault, the person in authority is engaged in the
performance of his official duties or the attack was on occasion of such

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performance of official duty
4. The offender knows him to be a person in authority or an agent of a person in
authority
5. That there be no public uprising
Qualified direct assault

1. When the assault is committed by means of a weapon
2. When the offender is a public officer or employee
3. When the offender lays hands upon a person in authority
Art. 149 – Indirect 1. An agent of a person in authority is the victim of any of the forms of direct assault defined in
assault Art. 148
2. A person comes to the aid of such agent (not a permanent agent, only in this certain
occasion)
3. Offender makes use of force or intimidation upon such person coming to the aid of the agent
Art. 150 – I. By refusing, without legal excuse, to obey summons issued by the Congress or any of
Disobedience to its extensions or any of its standing committees or subcommittees, by the Constitutional
summons issued by Commissions, its committees, subcommittees or any other body which has the power to
the national issue summons
assembly, its II. By refusing to be sworn or placed under affirmation while being before such legislative
committees or or constitutional body or official
subcommittees, by III. By refusing to answer any legal inquiry or to produce any books, papers, documents, or
the constitutional records in his possession, when required by them to do so in the exercise of their
commissions, its function
IV. By refusing another from attending as a witness in such legislative or constitutional body
committees,
V. By inducing disobedience to a summons or refusal to be sworn by any such body or
subcommittees or
official
divisions
Art. 151 – I. Resistance and serious disobedience
Resistance and 1. The person in authority or his agent
disobedience to a a. Is engaged in the performance of official duty or
b. Gives a lawful order to the offender
person in authority
2. Offender resists or seriously disobeys such person in authority or his agent
or the agents of 3. That such resistance or disobedience will not amount to
such person a. Direct assault
b. Indirect assault
c. Disobedience to summons issued by Congress
II. Simple disobedience
1. An agent of a person in authority
a. Is engaged in the performance of official duty or
b. Gives a lawful order to the offender
2. Offender disobeys such order of the agent
3. Such disobedience is not serious in nature
Art. 152 – Persons Persons in authority

in authority and a. Municipal mayors
agents of persons in b. Division Superintendent of schools
authority c. Public and private school teachers
d. Teacher-nurse
e. President of the sanitary division
f. Provincial Fiscal
g. Judges
h. Lawyers in actual performance of duties
i. Sangguniang Bayan member
j. Barangay Chairman
Agent of a person in authority is someone charged with:

a. The maintenance of public order and
b. The protection and security of life and property
Art. 153 – Tumults 1. The crime is committed by more than three persons
and other 2. They are provided with arms or any means of violence
disturbances 3. That they committed the following acts:
a. Causing any serious disturbances in a public place, office or establishment
b. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if
the act is not included in Art. 131 and 132
c. Making any outcry tending to incite rebellion or sedition in any meeting, association or
public place
d. Displaying placards or emblems which provoke a disturbance of public order in such

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place
e. Burying with pomp the body of a person who has been legally executed
Art. 154 – Unlawful I. By publishing or causing to be published by means of printing lithography or any other
use of means of means of publication, as news any false news which may endanger the public order, or
publication and cause damage to the interest or credit of the State
unlawful utterances II. By encouraging disobedience to the law or to the constituted authorities or by praising,
justifying or extolling any act published by law, by the same means or by words,
utterances or speeches
III. By maliciously publishing or causing to be published any official resolution or document
without proper authority, or before they have been published officially
IV. By printing, publishing or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real printer’s name or which are classified
as anonymous
Art. 155 – Alarms I. Discharging any firearm, rocket, firecracker, or other explosives within any town or public
and scandals place calculated to cause (which produces) alarm or danger
II. Instigating or taking an active part in any charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility
III. Disturbing the public peace while wandering about at night or while engaged in any
other nocturnal amusement
IV. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided Art. 153 is not applicable
Art. 156 – Delivering 1. That there is a person confined in a jail or penal establishment
prisoners from jail 2. That the offender removes therefrom such persons, or helps the escape of such person
Art. 157 – Evasion 1. That the offender is a convict by final judgment
of service of 2. That he is serving his sentence which consists in deprivation of liberty
sentence 3. That he evades the service of his sentence by escaping during the term of his sentence
Qualifying circumstances
1. By means of unlawful entry
2. By breaking doors, windows, gates, walls, roofs or floors
3. By using picklocks, false keys, disguise, deceit, violence or intimidation
4. Through connivance with other convicts or employees of the penal institution
Art. 158 – Evasion 1. That the offender is a convict by final judgment who is confined in a penal institution
of service of 2. That there is a disorder resulting from
sentence on the a. Conflagration
b. Earthquake
occasion of
c. Explosion
disorders, d. Similar catastrophe
conflagrations, e. Mutiny in which he has not participated
earthquakes, or 3. That the offender evades the service of his sentence by leaving the penal institution where he
other calamities is confined, on the occasion of such disorder or during the mutiny
4. That the offender fails to give himself up to the authorities within 48 hours following the
issuance of a proclamation by the Chief Executive announcing the passing of such calamity
Art. 159 – Evasion 1. The offender was a convict
of service of 2. He was granted a conditional pardon by the Chief Executive
sentence by 3. He violated any of the conditions of such pardon
violation of
conditional pardon
Art. 160 – 1. The offender was already convicted by final judgment of one offense
Commission of 2. He committed a new felony before beginning to serve such sentence or while serving the
another crime same.
during service of
penalty imposed for * Special aggravating circumstance
another previous
offense
CRIMES AGAINST PUBLIC INTEREST
Art. 161 – I. Forging the Great Seal of the Government of the Philippines
Counterfeiting the II. Forging the signature of the President
great seal of the III. Forging the stamp of the President
government of the
Philippine islands,
forging the
signature or stamp
of the Chief

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Executive
Art. 162 – Using 1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief
forged signature or Executive was forged by another person
counterfeit seal or 2. That the offender knew of the counterfeiting or forgery
stamp 3. That he used the counterfeit seal or forged signature or stamp
Art. 163 – Making I. That there be false or counterfeited coins
and importing and 1. Offender is any person
uttering false coins 2. He imitates a genuine and authentic coin making it appear that it is a true, genuine, and
authentic coin
3. Offender copies the peculiar design of the coin and makes a spurious one out of it
II. That the offender either made, imported or uttered such coins
2. He brings into the Philippine ports any false and counterfeited coins
III. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters
or importers
2. He circulates, gives away to another, passes from one person to another any
counterfeited or false coins
Art. 164 – Mutilation I. Mutilating coins of the legal currency, with the further requirement that there be intent to
of coins damage or to defraud another
II. Importing or uttering such mutilated coins, with the further requirement that there must
be connivance with the mutilator or importer in case of uttering
Art. 165 – Selling of I. Possession of coin, counterfeited or mutilated by another person, with intent to utter the
false or mutilated same, knowing that it is false or mutilated
coin, without 1. Possession
connivance 2. Intent to utter
3. Knowledge
II. Actually uttering such false or mutilated coin knowing the same to be false or mutilated
1. Actually uttering
2. Knowledge
Art. 166 – Forging I. Forging or falsification of treasury or bank notes or other documents payable to bearer
treasury or bank II. Importation of such false or forged obligations or notes
notes or other III. Uttering of such false or forged obligations or notes in connivance with the forgers or
documents payable importers
to bearer; importing,
and uttering such
false or forged
notes and
documents
Art. 167 – 1. That there be an instrument payable to order or other document of credit not payable to
Counterfeiting, bearer
importing, and 2. That the offender either forged, imported or uttered such instrument
uttering instruments 3. That in case of uttering, he connived with the forger or importer
not payable to
bearer
Art. 168 – Illegal 1. That any treasury or bank note or certificate or other obligation and security payable to
possession and use bearer, or any instrument payable to order or other document of credit not payable to bearer
of false treasury or is forged or falsified by another person
bank notes and 2. That the offender knows that any of those instruments is forged or falsified
other instruments of 3. That he performs any of these acts
a. Using any of such forged or falsified instruments
credit
b. Possessing with intent to use any of such forged or falsified instruments
Art. 169 – How I. By giving to a treasury or bank note or any instrument payable to bearer or to order
forgery is mentioned therein, the appearance of a true and genuine document
committed II. By erasing, substituting, counterfeiting, or altering by any means the figures, letters,
words, or sign contained therein
Art. 170 – 1. That there be a bill, resolution or ordinance enacted or approved or pending approval by
Falsification of either House of the Legislature or any provincial board or municipal council
legislative 2. That the offender alters the same
documents 3. That he has no proper authority therefor
4. That the alteration has changed the meaning of the document
Art. 171 – 1. The offender is a public officer, employee, notary public, or an ecclesiastical minister
Falsification by 2. He takes advantage of his official position
public officer, a. He has the duty to make or prepare or to otherwise intervene in the preparation of the
employee or notary document; or

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or ecclesiastical b. He has the official custody of the document which he falsifies
minister 3. That the said offender falsifies a document by committing any of the ff. modes:
i. By counterfeiting or imitating any handwriting, signature or rubric
(1) There is an original handwriting or signature
(2) The offender imitated or copied the said original handwriting or signature
ii. Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate
iii. Attributing to persons who have participated in an act or proceeding statement other
than those in fact made by them
(1) That persons participated in an act or proceeding
(2) They made statements therein
(3) The offender made it appear in a document that these persons have made
certain statements
(4) These statements were not in fact made by them
iv. Making untruthful statements in a narration of facts
(1) The offender makes in a document untruthful statement in a narration of facts
(2) That he has legal obligation to disclose the truth of the facts narrated by him
(3) The facts narrated by the offender are absolutely false
(4) The untruthful narration must be such as to effect the integrity of the
document and
(5) That the offender does so with the intent to injure or prejudice another person
v. Altering true dates
(1) What has been altered is the true date
(2) In the alteration thereof, the document will no longer have any effect
vi. Making any alteration or intercalation in a genuine document which changes its meaning
(1) The offender makes an alteration or
(2) Makes an intercalation in a genuine document which changes its meaning
vii. Issuing in authenticated form a document purporting to be a copy of any original
document when no such copy a statement contrary to, or different from that of the
genuine original
(1) The offender issued in an authenticated form a document purporting to be an
authenticated copy of an original document, but no such original exists, or
(2) By including such copy a statement contrary to or different from a genuine
original
viii. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry
or official book
4. In case the offender is an ecclesiastical minister, the act of falsification is committed with
respect to any record or document of such character that the falsification may affect the civil
status of persons
Art. 172 – I. Falsification of a public, official, or commercial document by a private individual
Falsification by 1. Offender is a private individual
private individuals 2. The document falsified is a public, official, or commercial document
3. He commits any of the acts of falsification
II. Falsification of private document by any person
1. The document falsified is a private document
2. That the offender committed any of the acts of falsification, except those in
paragraph 7 (Art. 171)
3. There must be damage caused to a third person
III. Use of falsified document
A. Introducing in a judicial proceeding
1. That the offender knew that a document was falsified by another person
2. That the false document is embraced in Art. 171 or in any subdivisions No. 1
or 2 of Art. 172
3. That he introduced said document in evidence in any judicial proceeding
B. Use in any other transaction
1. That the offender knew that a document was falsified by another person
2. That the false document is embraced in Art. 171 or in any subdivisions No. 1
or 2 of Art. 172
3. That he used such document (not in judicial proceedings)
4. That the use of the false document caused damage to another or at least it
was used with intent to cause damage
Art. 173 – I. Uttering fictitious, wireless, telegraph or telephone message

Falsification of II. Falsifying wireless, telegraph or telephone message
wireless telegraph 1. That the offender is an officer or employee of the government or of a private
and telephone corporation engaged in the service of sending or receiving wireless, cable or
messages telephone message

UST Law – 1A (2015)
2. That the offender commits any of the aforementioned acts
III. Using such falsified message
1. That the accused knew that wireless, cable, telegraph, or telephone message was
falsified by any of the persons specified in the first paragraph of Art. 173
2. That the accused used such falsified dispatch
3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that
there was intent to cause such prejudice
Art. 174 – False 1. That the offender falsifies, issues the false medical certificate or certificate of merit
medical certificates, 2. That the offender is either:
false certificates of a. A physician or surgeon who issues a false medical certificate
b. A public officer who issues a false certificate of merit, service or good conduct, moral
merit or service, etc.
character, etc.
c. Any private individual who falsifies a medical certificate or certificate of merit or service
or good conduct
Art. 175 – Using 1. That the falsifier is any of those mentioned in Art. 174
false certificate 2. That offender, who is not the falsifier, knows the medical certificate or certificate of merit is
falsified
3. That he makes use of the same
Art. 176 – I. Making or introducing into the Philippines any stamps, dies, marks or other instruments
Manufacturing and or implements for counterfeiting or falsification
possession of II. Possessing with intent to use the instrument or implements for counterfeiting or
instruments or falsification made in or introduced into the Philippines by another person
implements for
falsification
Art. 177 – I. Usurpation of authority is committed when a person knowingly and falsely represents
Usurpation of himself to be an officer or agent of any department of the Philippine government or
authority of official agency thereof or of a foreign government
functions 1. That the false representation was done knowingly
2. That he intended to be known by such other person or by public as a
representative or agent of Philippine government
II. Usurpation of official function
1. The offender performs an act
2. The act pertains to a person in authority or a public officer of any department or
agency of the Philippine government or of a foreign government
3. That it is done under the pretense of official position
4. Without being lawfully entitled to do so
Art. 178 – Using I. Using fictitious name
fictitious name and 1. The offender uses a name other than his real name
concealing true 2. That he uses that fictitious name publicly
3. That the purpose of the offender is either
name
a. To conceal a crime
b. To evade execution of a judgment
c. To cause damage to public interest
II. Concealing true name
1. The offender conceals–
a. His true name and
b. All other personal circumstances
2. That the purpose is only to conceal his identity
ANTI-ALIAS LAW (C.A. No. 142)
Alias 1. A name or names used or intended to be used by a person publicly and habitually
2. That it is used usually in a business transaction
3. That such name is other than the name registered at birth for the first time before the local
civil registrar
4. That the other name was used upon approval by the judicial or competent authority
Art. 179 – Illegal use 1. The offender makes use of insignia, uniform, or dress
of uniforms and 2. That the insignia, uniform, or dress pertains to an office not being held by the offender or to a
insignia class of person of which he is not a member
3. That the said insignia, uniform, or dress is used publicly and improperly
Art. 180 – False 1. That there be a criminal proceeding
testimony against a 2. That the offender testifies falsely under oath against the defendant therein
defendant 3. That the offender who gives false testimony knows that it is false
4. That the defendant against whom the false testimony is given is either acquitted or convicted
in a final judgment
Art. 181 – False 1. That there be a criminal proceeding
testimony favorable 2. That the offender testifies falsely under oath against the defendant therein
3. That the offender who gives false testimony knows that it is false

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to defendant
Art. 182 – False 1. The testimony must be given in a civil case
testimony in civil 2. The testimony must relate to the issues presented in said case (relative or pertinent)
cases 3. The testimony must be false
4. The false testimony must be given by the defendant knowing the same to be false
5. The testimony must be malicious and given with intent to affect the issues presented in the
said case
Art. 183 – False 1. The accused either
testimony in other a. Made a statement under oath or
cases and perjury in b. Executed an affidavit upon a material matter
2. The said statement under oath or affidavit was made before a competent officer duly
solemn affirmation
authorized to receive and administer oath
3. That in the said statement or affidavit, the offender makes a willful and deliberate assertion of
falsehood
4. The said statement or affidavit containing falsity is required by law
Art. 184 – Offering 1. The offender offered in evidence a false witness or false testimony
false testimony in 2. The offender knew the witness or the testimony was false
evidence 3. The offer was made in a judicial or official proceeding
Art. 185 – I. Soliciting gift or promise
Machinations in 1. That there be a public auction
public auctions 2. The accused solicited any gift or a promise from any of the bidders
3. That such gift or promise was the consideration for his refraining from taking part in
that public auction
4. The accused had the intent to cause the reduction of the price of the thing
auctioned
II. Attempting to cause bidders to stay away
1. There be a public auction
2. The accused attempted to cause the bidders to stay away from that public auction
3. It was done by threats, gifts, promises or any other artifice
4. The accused had the intent to cause the reduction of the price of the thing
auctioned
Art. 186 – I. Combination to prevent free competition in the market
Monopolies and 1. Committed by any person
combinations in 2. Who shall enter into any contract or agreement or taking part in any combination in
restraint of trade the form of trust or otherwise
3. In restraint of trade or commerce or to prevent by artificial means free competition
in the market
II. Monopoly to restrain free competition in the market
1. Committed by monopolizing any merchandise or object of trade or commerce
2. By combining with any other person or persons
3. In order to alter the prices thereof
4. By spreading false rumors or making use of any other artifice to restrain free
competition in the market
III. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with
any person to make transactions prejudicial to lawful commerce or to increase the
market price of merchandise
Art. 187 – 1. The offender imports, sells, or disposes any article or merchandise made of gold, silver, other
Importation and precious materials, or their alloys
disposition of 2. That the stamps, brands, or marks of those articles or merchandise fail to indicate the actual
falsely marked fitness or quality of said metals or alloys
articles 3. The offender knows that the stamps, brands or marks fail to indicate the actual fitness or
quality of the metals or alloys
Art. 188 – I. By substituting the tradename or trademark of some other manufacturer or dealer, or a
Substituting and colorable imitation thereof, for the tradename or trademark of the real manufacturer or
altering trademarks, dealer upon any article of commerce, and selling the same
tradenames, or II. By selling or by offering for sale such articles of commerce, knowing that the tradename
service marks or trademark has been fraudulently used
III. By using or substituting the service mark of some other person, or a colorable imitation
of such mark, in the sale or advertising of his services
IV. By printing, lithographing or reproducing tradename, trademark or service mark of one
person, or a colorable imitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used
Art. 189 – Unfair I. Unfair competition - By selling his goods, giving them the general appearance of the
competition, goods of another manufacturer or dealer
fraudulent II. Fraudulent designation of origin; false description
registration of trade 1. By affixing to his goods or using in connection with his services a false designation

UST Law – 1A (2015)
name, trademark, or of origin, or any false description or representation, and
service mark, 2. Selling such goods or services
fraudulent III. Fraudulent registration - By procuring fraudulently from the patent office the registration
designation of of trade name, trademark or service mark
origin, and false
description
CRIMES AGAINST OPIUM AND OTHER PROHIBITED DRUGS /
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165)
Sec. 4 – Importation 1. Offender is any person
of dangerous drugs 2. He is shall import or bring into the Philippines any dangerous drug, regardless of the quantity
and/or controlled and purity involved
precursors and 3. He is not authorized by law to do so
essential chemicals
Sec. 5 – Sale, 1. Identity of the buyer and the seller are clearly established
trading, 2. Object and consideration are present
administration, 3. Delivery of the thing sold and the payment thereof (if lacking, only attempted)
dispensation,
delivery, distribution
and transportation
of dangerous drugs
and/or controlled
precursors and
essential chemicals
Sec. 6 – 1. Offender is any person
Maintenance of a 2. He maintain a den, dive or resort for the use of illegal drugs
den, dive or resort
Sec. 7 – I. Employees who are aware of the nature of the said den, dive or resort for the use of
Maintenance of a illegal drugs
den, dive or resort II. Person who are not employees who knowingly visit the same place despite the
(Other persons knowledge of the nature of such den, dive or resort
liable)
Sec. 8 – I. Presence of any controlled precursor and essential chemical or laboratory equipment in
Manufacture of the clandestine laboratory is prima facie proof
dangerous drugs
and/or controlled
precursors and
essential chemicals
Sec. 11 – 1. Accused was in possession of prohibited drug (actual possession or found within his
Possession of dominion)
dangerous drugs 2. Such possession is not authorized by law
3. Accused freely and consciously possessed the prohibited drug (animus posendi, prima facie
presumed by law)
Sec. 12 – Possession of drug equipment, instrument, paraphernalia, apparatus and othe paraphernalia for dangerous
drugs
Sec. 13 – Possession of dangerous drugs during parties social gatherings or meetings (or in the proximate company of
at last 2 persons shall suffer maximum penalties)
Sec. 15 – Use of 1. Offender was apprehended or arrested in the actual use of dangerous drugs
dangerous drugs 2. He was found to be positive for use of any dangerous drug after a confirmatory test
3. No other amount of dangerous drugs must be found in his possession (otherwise, the charge
will be possession)
Sec. 21 – Procedure 1. Immediately after seizure and confiscation, there must be a physical inventory
in the seizure and 2. There must be a photograph of the same in the presence of the accused or the person/s from
confiscation of whom such items were confiscated and/or seized, or his/her representative or counsel, a
dangerous drugs representative from the media and the Department of Justice, and any elected public official
(Chain of Custody 3. Elected public official shall be required to sign the copies of the inventory and be given a copy
Rule) thereof
Sec. 25 – A positive finding for the use of dangerous drugs shall be a qualifying circumstance in the commission of a
crime by an offender
Sec. 26 – Attempt or a. Importation of dangerous drugs and/or controlled precursors and essential chemicals
conspiracy to b. Sale, trading, administration, dispensation, delivery, distribution and transportation of
commit certain acts dangerous drugs and/or controlled precursors and essential chemicals
shall be penalized c. Maintenance of a den, dive or resort where any dangerous drug is used in any form
d. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals
by the same penalty

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for the commission e. Cultivation or culture of plants which are sources of dangerous drugs
of the same, in the
following cases
Sec. 98 – Limited I. Provisions of the RPC, as amended, shall not apply to the provisions of RA 9165
applicability of the
RPC
CRIMES AGAINST PUBLIC MORALS
Art. 200 – Grave 1. Offender performs an act or acts
scandal 2. Such act or acts be highly scandalous as offending against decency or good customs
3. The highly scandalous conduct is not expressly falling within any other article of this Code
4. The act or acts complained of be committed in a public place or within the public knowledge
or view
Art. 201 – Immoral I. Those who shall publicly expound or proclaim doctrines openly contrary to public morals
doctrines, obscene II. a. The authors of obscene literature, published with their knowledge in any form, the
publications and editors publishing such literature ; and the owners/operators of the establishment selling
exhibitions and the same
indecent shows b. Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or
immoral plays, scenes, acts, or shows, it being understood that the obscene literature or
indecent or immoral plays, scenes, acts, or shows, whether live or in film, which are
proscribed by virtue hereof, shall include those which: (1) glorify criminals or condone
crimes; (2) serve no purpose but to satisfy the market for violence, lust or pornography;
(3) offend any race, or religion; (4) tend to abet traffic in and use dangerous drugs; and
(5) are contrary to law, public order, morals, good customs, established policies, lawful
orders, decrees and edicts
III. Those who shall spell, give away, or exhibit films, prints, engravings, sculptures, or
literature which are offensive to morals
Art. 202 – Vagrants I. Vagrancy has been decriminalized by RA 10158 which was approved on March 12,
and prostitutes 2007
II. A woman is a prostitute when:
1. She habitually indulges in (a) sexual intercourse, or (b) by lascivious conduct
2. For money or profit
CRIMES COMMITTED BY PUBLIC OFFICERS
Art. 203 – Who are 1. Those (a) taking part in the performance of public functions in the Government or (b)
public officers performing in said Government or any of its branches public duties as an employee, agent or
subordinate official, of any rank or class
2. That his authority to take part in the performance of public functions or to perform public
duties must be:
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
Misfeasance, I. Misfeasance – Improper performance of some act which might be lawfully done
malfeasance, II. Malfeasance – Performance of some act which ought not to be done
nonfeasance III. Nonfeasance – Omission of some act which ought to be performed
Art. 204 – 1. Offender is a judge
Knowingly 2. He renders a judgment in a case submitted to him for decision
rendering unjust 3. Judgment is unjust
4. Judge knows that his judgment is unjust (bad faith)
judgment
Art. 205 – Judgment 1. Offender is a judge
rendered through 2. He renders a judgment in a case submitted to him for decision
negligence 3. Judgment is manifestly unjust
4. It is due to his inexcusable negligence or ignorance
Art. 206 – Unjust 1. Offender is a judge
interlocutory order 2. He performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree
b. Renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance
Art. 207 – Malicious 1. Offender is a judge
delay in the 2. There is a proceeding in his court
administration of 3. He delays the administration of justice
4. Delay is malicious, that is, it is caused by the judge with deliberate intent to inflict damage on
justice
either party in the case
Art. 208 – I. By maliciously refraining from instituting prosecution against violators of the law
Prosecution of II. By maliciously tolerating the commission of offenses
offenses;
negligence and

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tolerance (acts
punished)
Dereliction of duty 1. Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or
in the prosecution to prosecute offenses
of offenses 2. There is dereliction of the duties of his office; that is, knowing that commission of the crime,
he does not cause the prosecution of the criminal or knowing that a crime is about to be
committed, he tolerates its commission
3. Offender acts with malice and deliberate intent to favor the violator of the law
Art. 209 – Betrayal I. By causing damage to his client, either (1) by any malicious breach of professional duty
of trust by an or (2) by inexcusable negligence or ignorance
attorney or solicitor II. By revealing an of the secrets of his client learned by him in his professional capacity
(acts punished) (damage, not necessary)
III. By undertaking the defense of the opposing party in the same case without the consent
of his first client, after having undertaken the defense of said first client or after having
received confidential information from said client
Art. 210 – Direct 1. Offender be a public officer within the scope of Art. 203
bribery 2. Offender accepts an offer or a promise or receives a gift or present (must have a value and
capable of pecuniary estimation) by himself or through another
3. Such offer or promise be accepted, or gift or present received by the public officer:
a. With a view of committing some crime
b. In consideration of the execution of an act which does not constitute a crime, but the act
must be unjust
c. To refrain from doing something which it is his official duty to do
4. Act which the offender agrees to perform or which he executes be connected with the
performance of his official duties
Art. 211 – Indirect 1. Offender is a public officer
bribery 2. He accepts gifts
3. Said gifts are offered to him by reason of his office
Art. 211-A – 1. Offender in a public officer entrusted with law enforcement
Qualified bribery 2. He refrains from arresting or prosecuting an offender who has committed a crime punishable
by reclusion perpetua and/or death
3. He refrains from arresting or prosecuting the offender in consideration of any promise, gift or
present
Art. 212 – 1. Offender make offers or promises or gives gifts or presents to a public officer
Corruption of public 2. The offers or promises are made or the gifts or presents given to a public officer, under
officials circumstances that will make the public officer liable for direct bribery or indirect bribery
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019)
Sec. 2 Definition of (b) Public officer
terms
Any elective and appointive officials and employees, permanent or temporary, whether in the classified
or unclassified or exempt service receiving compensation, even nominal, from the government
Sec. 3 – Corrupt (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of
practices of public rules and regulations duly promulgated by competent authority or an offense in connection with the
officers official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such
violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the Government
and any other part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit,
for himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.

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(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any
other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by
the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of its
authorized release date.
Sec. 4 – Prohibition (a) It shall be unlawful for any person having family or close personal relation with any public official to
on private capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly
individuals requesting or receiving any present, gift or material or pecuniary advantage from any other person
having some business, transaction, application, request or contract with the government, in which such
public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or
affinity in the third civil degree. The word "close personal relation" shall include close personal
friendship, social and fraternal connections, and professional employment all giving rise to intimacy
which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of
the offenses defined in Section 3 hereof.
Sec. 7 – Statement Every public officer, within thirty days after the approval of this Act or after assuming office, and within
of assets and the month of January of every other year thereafter, as well as upon the expiration of his term of office,
liabilities or upon his resignation or separation from office, shall prepare and file with the office of the
corresponding Department Head, or in the case of a Head of Department or chief of an independent
office, with the Office of the President, or in the case of members of the Congress and the officials and
employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and
sworn statement of assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of income taxes paid for the
next preceding calendar year: Provided, That public officers assuming office less than two months
before the end of the calendar year, may file their statements in the following months of January.
Sec. 8 – Dismissal If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-
due to unexplained nine, a public official has been found to have acquired during his incumbency, whether in his name or in
wealth the name of other persons, an amount of property and/or money manifestly out of proportion to his
salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in
the name of the spouse and unmarried children of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be
taken into consideration in the enforcement of this section, notwithstanding any provision of law to the
contrary.
Sec. 11 – All offenses punishable under this Act shall prescribe in ten years.
Prescription of

UST Law – 1A (2015)
offenses
Sec. 13 – Any public officer against whom any criminal prosecution under a valid information under this Act or
Suspension and under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from
loss of benefits office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the meantime administrative proceedings have
been filed against him.
Sec. 14 – Exception Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this
Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful
trade or occupation by any private person or by any public officer who under the law may legitimately
practice his profession, trade or occupation, during his incumbency, except where the practice of such
profession, trade or occupation involves conspiracy with any other person or public official to commit
any of the violations penalized in this Act.
Art. 213 – Frauds I. Frauds against public treasury

against the public 1. Offender be a public officer
treasury and similar 2. He should have taken advantage of his office, that is, he intervened in the
offenses transaction in his official capacity
3. He entered into an agreement with any interested party or speculator or made use
of any other scheme with regard to (1) furnishing supplies, (2) making of contacts,
or (3) adjustment or settlement of accounts relating to public property or funds
4. Accused had intent to defraud the Government
II. Illegal exactions
1. Offender is a public officer entrusted with the collection of taxes, licenses, fees and
other imposts
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums different from or larger
than those authorized by law
b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise,
things or objects of a nature different from that provided by law
Art. 214 – Other 1. Offender is a public officer
frauds 2. He takes advantage of his official position
3. He commits any of the frauds or deceits enumerated in Art. 315 to 318
Art. 215 – Prohibited 1. Offender is an appointive public officer
transactions 2. He becomes interested, directly or indirectly, in any transaction of exchange or speculation
3. Transaction takes place within the territory subject to his jurisdiction
4. He becomes interested in the transaction during his incumbency
Art. 216 – I. Public officer who, directly or indirectly, became interested in any contract or business in
Possession of which it was his official duty to intervene
prohibited interest II. Experts, arbitrators and private accountants who, in like manner, took part in any
by a public officer contract or transaction connected with the estate or property in the appraisal, distribution
(persons liable) or adjudication of which they had acted
III. Guardians and executors with respect to the property belonging to their wards or the
estate
Art. 217 – 1. Offender be a public officer
Malversation of 2. He had the custody or control of funds or property by reason of the duties of his office
public funds or 3. Those funds or property were public funds or property for which he was accountable
4. He (a) appropriated, (b) took, misappropriated or (c) consented or, through abandonment or
property
negligence, permitted another person to take them
Art. 218 – Failure of 1. Offender is a public officer, whether in the service of separated therefrom
accountable officer 2. He must be an accountable officer for public funds or property
to render accounts 3. He is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor
4. He fails to do so for a period of two months after such accounts should be rendered
(misappropriation and demand, not necessary)
Art. 219 – Failure of 1. Offender is a public officer
a responsible public 2. He must be an accountable officer for public funds or property
officer to render 3. He must unlawfully left (or be on the point of leaving) the Philippines without securing from
accounts before the Commission on Audit a certificate showing that his accounts have been finally settled
leaving the country

UST Law – 1A (2015)
Art. 220 – Illegal use 1. Offender is a public officer
of public finds or 2. There is public find or property in his administration
property (Technical 3. Such public fund or property has been appropriated by law or ordinance
4. He applies the same to a public use other than that for which such fund or property has been
Malversation)
appropriated by law or ordinance
Art. 221 – Failure to I. Failure to make payment
make delivery of 1. Public officer had Government funds in his possession
public funds or 2. Ge is under obligation to make payment from such funds
3. He fails to make payment maliciously
property
II. Refusal to make delivery of property
Art. 222 – Officers I. Private individuals who, in any capacity whatever, have charge of any national,
included in the provincial or municipal funds, revenue, or property
preceding II. Administrator or depository of funds or property attached, seized, or deposited by public
provisions authority, even if such property belongs to a private individual
III. Conspirators
IV. Accomplices and accessories
ANTI-PLUNDER ACT (RA 7080, AS AMENDED)
Sec 1 – Definition of d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any
terms person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates by any combination or series of
the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government contract or
project or by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government
or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled
corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form
of interest or participation including promise of future employment in any business enterprise or
undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or

implementation of decrees and orders intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or influence to

unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.
Sec. 2 – Definition Any public officer who, by himself or in connivance with members of his family, relatives by affinity or
of crime of plunder, consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires
penalties ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00), shall be
guilty of the crime of plunder and shall be punished by reclusion perpetue to death with perpetual
absolute disqualification from holding any public office. Any person who participated with said public
officer in the commission of plunder shall likewise be punished. In the imposition of penalties, the
degree of participation and the attendance of mitigating and extenuating circumstances shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stock derived from the deposit or
investment thereof forfeited in favor of the State.
Sec. 4 – Rule of For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every
evidence criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or
criminal acts indicative of the overall unlawful scheme or conspiracy.
Sec. 6 – The crime punishable under this Act shall prescribe in twenty (20) years. However, the right of the State
Prescription of to recover properties unlawfully acquired by public officers from them or from their nominees or
crimes transferees shall not be barred by prescription, laches, or estoppel.
Art. 223 – Conniving 1. Offender is a public officer

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with or consenting 2. He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
to evasion judgment
3. Such person escaped from his custody
4. He was in connivance with the prisoner in the latter’s escape
Art. 224 – Evasion 1. Offender is a public officer
through negligence 2. He is charged with the conveyance or custody of a prisoner, either detention prisoner or
prisoner by final judgement
3. Such prisoner escapes through his negligence
Art. 225 – Escape of 1. Offender is a private person
prisoner under the 2. Conveyance or custody of a prisoner or person under arrest is confided to him
custody of a person 3. Prisoner or person under arrest escapes
4. Offender consents to the escape of the prisoner or person under arrest, or that the escape
not a public officer
takes place through his negligence
Art. 226 – Removal, 1. Offender is a public officer
concealment or 2. He abstracts, destroys or conceals documents or papers
destruction of 3. Said documents or papers should have been entrusted to such public officer by reason of his
documents office
Art. 227 – Officer 1. Offender is a public officer
breaking seal 2. He is charged with the custody of papers or property
3. These papers or property are sealed by proper authority
4. He breaks the seals or permits them to be broken
Art. 228 – Opening 1. Offender is a public officer
of closed 2. Any closed papers, documents, or objects are entrusted to his custody
documents 3. He opens or permits to be opened said closed papers, documents or objects
4. He does not have proper authority
Art. 229 – I. By revealing any secrets known to the offending public officer by reason of his official
Revelation of capacity
secrets by an officer 1. Offender is a public officer
2. He knows of a secret by reason of his official capacity
3. He reveals such secret without authority or justifiable reasons
4. Damage, great or small, be caused to public interest
II. By delivering wrongfully paper or copies of papers of which he may have charge and
which should not be published
1. Offender is a public officer
2. He has charge of papers
3. Those papers should not be published
4. He delivers those papers or copies thereof to a third person
5. Delivery is wrongful
6. Damage be caused to public interest
Art. 230 – Public 1. Offender is a public officer
officer revealing 2. He knows the secrets of a private individual by reason of his office
secrets of private 3. He reveals such secret without authority or justifiable reason
individual
Art. 231 – Open 1. Offender is a judicial or executive officer
disobedience 2. The is a judgment, decision or order of a superior authority
3. Such judgement, decision or order was made within the scope of the jurisdiction of the
superior authority and issued with all the legal formalities
4. Offender must without any legal justification openly refuses to execute the said judgement,
decision or order, which he is duty bound to obey
Disobedience to 2. An order is issued by his superior for execution
order of superior 3. He has for any reason suspended the execution of such order
4. His superior disapproves the suspension of the execution of the order
officer, when said
5. Offender disobeys his superior despite the disapproval of the suspension
officer was
suspended by
superior officer
Art. 233 – Refusal of 1. Offender is a public officer
assistance 2. A competent authority demands from the offender that he lend his cooperation toward the
administration of justice or other public service
3. Offender fails to do so maliciously
Art. 234 – Refusal to 1. Offender is elected by popular election to a public office
discharge elective 2. He refuses to be sworn in or to discharge the duties of said office
office 3. There is no legal motive for such refusal to be sworn in or to discharge the duties of said
office
Art. 235 – 1. Offender is a public officer or employee
Maltreatment of 2. He has under his charge a prisoner or detention prisoner

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prisoners 3. He maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner
under his charge either
(1) By the imposition of punishments not authorized by the regulations
(2) By inflicting such punishments (those authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to obtain some information from
the prisoner
ANTI-TORTURE ACT (RA 9745)
Sec. 3 – Definitions (a) Torture
1. an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person for such purposes as obtaining from him/her or a third person information or a
confession;
2. punishing him/her for an act he/she or a third person has committed or is suspected of having
committed;
3. or intimidating or coercing him/her or a third person;
4. or for any reason based on discrimination of any kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent or acquiescence of a person in authority or
agent of a person in authority. It does not include pain or Buffering arising only from, inherent
in or incidental to lawful sanctions.
Sec. 4 – Acts of (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a
torture person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or
substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person,
such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and

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(b) Mental/Psychological Torture refers to acts committed by a person in authority or agent of a person
in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the
belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.

Sec. 8 – Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence
Applicability of the in any proceedings, except if the same is used as evidence against a person or persons accused of
exclusionary rule; committing torture.
exception
Sec. 9 – Institutional (a) To have a prompt and an impartial investigation by the CHR and by agencies of government
protection of torture concerned such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the
victims and other National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum
person involved period of sixty (60) working days from the time a complaint for torture is filed within which an
investigation report and/or resolution shall be completed and made available. An appeal whenever
available shall be resolved within the same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation
as a consequence of the filing of said complaint or the presentation of evidence therefor. In which case,
the State through its appropriate agencies shall afford security in order to ensure his/her safety and all
other persons involved in the investigation and prosecution such as, but not limited to, his/her lawyer,
witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence
in any fora in order to avoid further trauma.
Sec. 13 – Who are Any person who actually participated Or induced another in the commission of torture or other cruel,
criminally liable inhuman and degrading treatment or punishment or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous
acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an
order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable
as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of
torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or

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negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be committed, is being committed, or has been committed by
his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did
not take preventive or corrective action either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether
deliberately or due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or
other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the
official's public functions.
Sec. 14 – Penalties (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(aggravating
circumstances) (1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
Art. 236 – 1. Offender is entitled to hold a public office or employment, either by election or appointment
Anticipation of 2. Law requires that he should first be sworn in and/or should first give a bond
duties of a public 3. He assumes the performance of the duties and powers of such office
4. He has not taken his oath of office and/or given the bond required by law
officer
Art. 237 – 1. Offender is holding a public office
Prolonging 2. Period provided by law, regulations or special provisions for holding such office, has already
performance of expired
duties and powers 3. He continues to exercise the duties and powers of such office
Abandonment of 2. He formally resigns from his position
office or position 3. His resignation has not yet been accepted
4. He abandons his office to the detriment of the public service
Art. 239 – 1. Offender is an executive or judicial officer
Usurpation of 2. He (a) makes general rules or regulations beyond the scope of his authority, or (b) attempts
legislative powers to repeal a law or (c) suspends the execution thereof
Art. 240 – 1. Offender is a judge
Usurpation of 2. He (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive
executive functions authorities in lawful exercise of their powers
Art. 241 – 1. Offender is an officer of the executive branch of the Government
Usurpation of 2. He (a) assumes judicial powers, or (b) obstructs the execution of any order or decision
judicial functions rendered by any judge within his jurisdiction
Art. 242 – 1. Offender is public officer
Disobeying request 2. A proceeding is pending before such officer
for disqualification 3. There is a question brought before the proper authority regarding his jurisdiction, which is not
yet decided
4. He has been lawfully required to refrain from continuing proceeding
5. He continues the proceeding

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Art. 243 – Orders or 1. Offender is an executive officer
requests by 2. He addresses any order or suggestion to any judicial authority
executive officers to 3. Order or suggestion relates to any case or business coming within the exclusive jurisdiction of
any judicial the courts of justice
authority
Art. 244 – Unlawful 1. Offender is a public officer
appointments 2. He nominates or appoints a person to a public office
3. Such person lacks the legal qualifications thereof
4. Offender knows that his nominee or appointee lacks the qualifications at the time he made
the nomination or appointment
Art. 245 – Abuses 1. Offender is a public officer
against chastity 2. He solicits of makes immoral advances to a woman
3. Such woman must be:
a. interested in matters pending before the officer for decision, or with respect to which he
is required to submit a report or consult with a superior officer
b. under the custody of the offender who is a warden or other public officer directly charged
with the care and custody of prisoners or persons under arrest
c. wife, daughter, sister or relative within the same degree by affinity of any person in the
custody of the offender
CRIMES AGAINST PERSONS
Art. 246 – Parricide 1. A person is killed
2. Deceased is killed by the accused
3. Deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse, of the accused (relationship
must be alleged)
Art. 247 – Death or 1. A legally married person or a parent surprises his spouse or his daughter, the latter under 18
physical injuries years of age and living with him, in the act of committing sexual intercourse with another
inflicted under person
exceptional 2. He or she kills any or both of them, or inflicts upon any or both of them any serious physical
circumstances injury in the act or immediately thereafter
(justifying 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he or she
circumstance) has not consented to the infidelity of the other spouse
Art. 248 – Murder 1. A person is killed
2. Accused killed him
3. Killing was attended by any of the qualifying circumstances mentioned in Art. 248
4. Killing is not parricide or infanticide
Qualifying circumstances:
a. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weken the defense, or of means or persons to insure or afford impunity
b. In consideration of price, reward or promise
c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment
or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use any
other means involving great waste or ruin
d. On occasion of any of the calamities enumerated in the preceding paragraph, or of
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity
e. With evident premeditation
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
Art. 249 – Homicide 1. A person was killed
2. Accused killed him without any justifying circumstance
3. Accused had the intention to kill, which is presumed
4. Killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide
Art. 251 – Death 1. There be several persons
caused in a 2. They did not compose groups organized for the common purpose of assaulting and attacking
tumultuous affray each other reciprocally
3. These several persons quarreled and assaulted one another in a confused and tumultuous
manner
4. Someone was killed in the course of the affray
5. It cannot be ascertained who actually killed the deceased
6. Person or persons who inflicted serious physical injuries or who used violence can be
identified
Art. 252 – Physical 1. There is a tumultuous affray as referred to in the preceding article
injuries inflicted in a 2. A participant or some participants thereof suffer serious physical injuries or physical injuries of

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tumultuous affray a less serious nature only
3. The person responsible thereof cannot be identified
4. All those who appear to have used violence upon the person of the offended party are known
Art. 253 – Giving I. By assisting another to commit suicide, whether the suicide is consummated or not
assistance to II. By lending his assistance to another to commit suicide to the extent of doing the killing
suicide himself
Art. 254 – Discharge 1. The offender discharges a firearm against or at another person
of firearms 2. The offender has no intention to kill that person
Art. 255 – Infanticide 1. A child was killed
2. The deceased child was less than three days (72 hours) of age
3. The accused killed the said child
Art. 256 – I. By using any violence upon the person of the pregnant woman
Intentional abortion II. By acting, but without using violence, without the consent of the woman. (By
administering drugs or beverages upon such pregnant woman without her consent.)
III. By acting (by administering drugs or beverages), with the consent of the pregnant
woman
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages administered, or the accused otherwise acts upon
such pregnant woman
3. As result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom
4. The abortion is intended
Art. 257 – 1. There is a pregnant woman
Unintentional 2. Violence is used upon such pregnant woman without intending an abortion
abortion 3. The violence is intentionally exerted
4. As a result of the violence the fetus dies, either in the womb or after having been expelled
therefrom
Art. 258 – Abortion 1. There is a pregnant woman who has suffered an abortion
practiced by the 2. The abortion is intended
woman herself or by 3. The abortion is caused by
a. The pregnant woman herself;
her parents
b. Any other person, with her consent; or
c. Any of her parents, with her consent for the purpose of concealing her dishonor
Art. 259 – Abortion 1. There is a pregnant woman who has suffered an abortion
practiced by a 2. The abortion is intended
physician or 3. The offender, who must be a physician or midwife, causes, or assists in causing, the abortion
4. Said physician or midwife takes advantage of his or her scientific knowledge or skill
midwife and
As to the pharmacists, the elements are:
dispensing of
1. The offender is pharmacist
abortives
2. There is no proper prescription from a physician
3. The offender dispenses any abortive
Art. 260 – Duel I. By killing one’s adversary in a duel
II. By inflicting upon such adversary physical injuries
III. By making a combat although no physical injuries have been inflicted
Who are liable in a duel?
a. The person who killed or inflicted physical injuries upon his adversary, or both combatants in
any other case, as principals
b. The seconds, as accomplices
Art. 261 – I. By challenging another to a duel
Challenging to a II. By inciting another to give or accept a challenge to a duel
duel III. By scoffing at or decrying another publicly for having refused to accept a challenge to
fight a duel
Persons responsible under Article 261 are:
a. Challenger; and
b. Instigators
Art. 262 – Mutilation I. By intentionally mutilating another by depriving him, either totally or partially, of some
essential organ for reproduction
II. By intentionally making other mutilation, that is, by looping or clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to deprive
him of that part of his body
Elements of mutilation of the first kind:
1. There be a castration, that is, mutilation of organs necessary for generation, such as the
penis or ovarium
2. The mutilation is caused purposely and deliberately, that is, to deprive the offended party of
some essential organ for reproduction
Art. 263 – Serious I. When the injured person becomes insane, imbecile, impotent or blind in consequence of

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physical injuries the physical injuries inflicted
II. When the injured person
(a) Loses the use of speech or the power to hear or to smell, or loses an eye, a hand,
a foot, an arm, or a leg, or
(b) Loses the use of any such member, or
(c) Becomes incapacitated for work in which he was therefore habitually engaged, in
consequence of the physical injuries inflicted
III. When the person injured
(a) Become deformed, or
i. Physical ugliness
ii. Permanent and definite abnormality, and
iii. Conspicuous and visible
(b) Loses any other member of his body, or
(c) Loses the use thereof, or
(d) Becomes ill or incapacitated for the performance of the work in the work he was
habitually engaged for more than 90 days, in consequence of the physical injuries
inflicted
IV. When the injured person becomes ill or incapacitated for labor for more than 30 days
(but must not be more than 90 days), as a result of the physical injuries inflicted
Physical injuries, distinguished from attempted or frustrated homicide.
1. In both crimes, the offender inflicts physical injuries. Attempted homicide may be committed,
even if no physical injuries are inflicted.
2. While in the crime of physical injuries, the offender has no intent to kill the offended party, in
attempted or frustrated homicide, the offender has an intent to kill the offended party.
Art. 264 – 1. The offender inflicted upon another any serious physical injury
Administering 2. It was dome knowingly administering to him any injurious substances or beverages or by
injurious taking advantage of his weakness of mind or credulity
substances or 3. He had no intent to kill
beverages
Art. 265 – Less 1. The offended party is incapacitated for labor for ten days or more (but not more than 30
serious physical days), or needs medical attendance for the same period of time
injuries 2. The physical injuries must not be those described in the preceding articles
Art. 266 – Slight I. Physical injuries which incapacitated the offended party from one (1) to nine (9) days, or
physical injuries required medical attendance during the same period
and maltreatment II. Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance
III. Ill-treatment of another by deed without causing any injury
Art. 266-A – Rape Rape by carnal knowledge
1. The offender is man
2. The offender had carnal knowledge of a woman
3. Such act is accomplished under any of the following circumstances:
(a) By using force or intimidation; or
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented
Rape by sexual assault
1. The offender commits an act of sexual assault
2. The act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another person’s mouth or anal orifice; or
(b) By inserting any instrument or object into the genital or anal orifice of another person
3. The act of sexual assault is accomplished under any of the following circumstances:
(a) By using force or intimidation; or
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Art. 267 – 1. The offender is a private individual
Kidnapping and 2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
serious illegal 3. The act of detention or kidnapping must be illegal
4. In the commission of the offense, any of the following circumstances is present:
detention
(a) The kidnapping or detention lasts for more than 3 days;
(b) It is committed simulating public authority
(c) Any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made; or
(d) The person kidnapped or detained is a minor, female, or a public officer
Art. 268 – Slight 1. The offender is a private individual
2. He kidnaps or detains another, or in any manner deprives him of his liberty

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illegal detention 3. The act of kidnapping or detention is illegal
4. The crime is committed without the attendance of any of the circumstances enumerated in
Art. 267
Art. 269 – Unlawful 1. The offender arrests or detains another person
arrest 2. The purpose of the offender is to deliver him to the proper authorities
3. The arrest or detention is not authorized by law or there is no reasonable ground therefor
Art. 270 – 1. The offender is entrusted with the custody of a minor person
Kidnapping and 2. He deliberately fails to restore the said minor to his parents or guardians
failure to return a
minor
Art. 271 – Inducing a 1. The minor is living in the home of his parents or guardian or the person entrusted with his
minor to abandon custody
his home 2. The offender induces said minor to abandon such home
Art. 272 – Slavery 1. The offender purchases, sells, kidnaps or detains a human being
2. The purpose of the offender is to enslave such human being
Art. 273 – 1. The offender retains a minor in his service
Exploitation of child 2. It is against the will of the minor
labor 3. It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor
Art. 274 – Services 1. The offender compels a debtor to work for him, either as household servant or farm laborer
rendered under 2. It is against the debtor’s will
compulsion in 3. The purpose is to enforce the payment of a debt
payment of debt
Art. 275 – I. By failing to render assistance to any person whom the offender finds in an inhabited
abandonment of place wounded or in a danger of dying when he can render such assistance without
persons in danger detriment to himself, unless such omission shall constitute a more serious offense
and abandonment 1. The place is not inhabited
of one’s own victim 2. The accuse found there a person wounded or in danger of dying
3. The accused can render assistance without detriment to himself
4. The accused fails to render assistance
II. By failing to help or render assistance to another whom the offender has accidentally
wounded or injured
III. By failing to deliver a child, under seven years of age whom the offender has found
abandoned, to the authorities or to his family, or by failing to tale him on a safe place
Art, 276 – 1. The offender has custody of the child
Abandoning a minor 2. The child is under seven years of age
3. He abandons such child
4. He has not intent to kill the child when the latter is abandoned
Art. 277 – I. By delivering a minor to a public institution or other persons without the consent of the
Abandonment of one who entrusted such minor to the care of the offender, or in the absence of that one,
minor by person without the consent of the proper authorities
entrusted with his 1. The offender has charge of the rearing or education of a minor
custody; 2. He delivers said minor to a public institution or other persons
3. The one who entrusted such child to the offender has not consented to such act;
indifference of
or if the one who entrusted such child to the offender is absent, the proper
parents
authorities have not consented to it
II. By neglecting his (offender’s) children by not giving them the education which their
station in life requires and financial condition permits.
1. Offender is a parent
2. He neglects his children by not giving them education
3. His station in life requires such education and his financial condition permits it
Art. 278 – I. By causing any boy or girl under sixteen years of age to perform any dangerous feat of
Exploitation of balancing, physical strength or contortion, the offender being any person
minors II. By employing children under 16 years of age who are not the children or descendants of
the offender in exhibitions of acrobat, gymnast, rope-walker, diver, wild-animal tamer, the
offender being an acrobat, etc.; or circus manager; or person engaged in a similar
calling
III. By employing any descendant under 12 years of age in dangerous exhibitions
enumerate din the next preceding paragraph, the offender being engaged in any of the
said callings
IV. By delivering a child under 16 years of age gratuitously to any person following any of
the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar, the
offender being an ascendant, guardian, teacher or person entrusted in any capacity with
the care of such child
V. By inducing any child under 16 years of age to abandon the home of its ascendants,

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guardians, curators, or teachers to follow any person engaged in any of the callings
mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender
being any person
Art. 280 – Qualified 1. The offender is a private person
trespass to dwelling 2. He enters the dwelling of another
3. Such entrance is against the latter’s will
Art. 281 – Other 1. The offender enters the close premises or the fenced estate of another
forms of tresspass 2. The entrance is made while either of them is uninhabited
3. The prohibition to enter be manifest
4. The trespasser has not secured the permission of the owner or the caretaker thereof
Art. 282 – Grave I. By threatening another with the infliction upon his person, honor, or property or that of
threats his family of any wrong amounting to a crime and demanding money or imposing any
other condition, even though not unlawful, and the offender attained his purpose.
1. The offender threatens another person with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s family, of any wrongdoing
2. Such wrong amounts to a crime
3. There is a demand for money or that any other condition is imposed, even though
not unlawful
4. The offender attains his purpose
II. By making such threat without the offender attaining his purpose
III. By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition
1. The offender threatens another person with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s family, of any wrong
2. Such wrong amounts to a crime
3. The threat is not subject to a condition
Art. 283 – Light 1. The offender makes a threat to commit a wrong
threats 2. The wrong does not constitute a crime
3. There is a demand for money or other condition is imposed, even though not unlawful
4. The offender has attained his purpose or, he has not attained his purpose
Art. 284 – Bond for I. When the offender threatens another under the circumstances mentioned in Art. 282
good behavior II. When the offender threatens another under the circumstances mentioned in Art. 283
Art. 285 – Other I. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it
light threats be in lawful self-defense
a. Threatening another with a weapon, even if there is no quarrel; and
b. Drawing a weapon in a quarrel, which is not in lawful self-defense
II. By orally threatening another, in the heat of anger, with some harm (not) constituting a
crime, without persisting in the idea involved in his threat
Note: The word “not” in this paragraph is enclosed in parenthesis, because the inclusion
of that word in paragraph 2 of Art. 285 is a mistake
III. By orally threatening to do another any harm not constituting a felony
Art. 286 – Grave I. By preventing another, by means of violence, threats or intimidation, from doing
coercions something not prohibited by law
II. By compelling another, by means of violence, threats or intimidation, to do something
against his will, whether it be right or wrong
1. A person prevented another from doing something not prohibited by law, or that he compelled
him to do something against his will, be it right or wrong
2. The prevention or compulsion be effected by violence, threats or intimidation
3. The person that restrained the will and liberty of another had not the authority of law or the
right to do so, or, in other words, the restraint shall not be made under authority of law or in
the exercise of any lawful right
Art. 287 – Light 1. The offender must be a creditor
coercions 2. He seizes anything belonging to his debtor
3. The seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation
4. The purpose of the offender is to apply the same to the payment of the debt
Art. 288 – Other I. By forcing or compelling, directly or indirectly, or shall knowingly permitting to forcing or
similar coercions compelling of the laborer or employee of the offender to purchase merchandise or
commodities of any kind from him
1. The offender is any person, agent or any association or corporation
2. He or such firm or corporation has employed laborers or employees
3. He forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of its laborers or employees to purchase merchandise or
commodities of any kind from him or form said firm or corporation
II. By paying the wages due his laborer or employee by means of tokens or objects other
than the legal tender currency of the Philippines, unless expressly requested by such

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laborer or employee
1. The offender pays the wages due to a laborer or employee employed by him by
means of tokes or objects
2. Those tokens or objects are other than the legal tender currency of the Philippines
3. Such employee or laborer does not expressly request that he be paid by means of
tokens or objects
Art. 289 - Formation, 1. The offender employs violence or threats, in such a degree as to compel or force the laborers
maintenance and or employers in the free and legal exercise of their industry or work
prohibition of 2. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers
combination of or lockout of employers
capital or labor
through violence or
threats
Art. 290 – 1. The offender is a private individual or even a public officer not in the exercise of his official
Discovering secrets function
through seizure of 2. He seizes the papers or letters of another
correspondence 3. The purpose is to discover the secrets of such another person
4. Offender is informed of the contents of the papers or letters seized
Art. 291 – Revealing 1. The offender is manager, employee or servant
secrets with abuse 2. He learns the secrets of his principal or master in such capacity
of office 3. He reveals such secrets
Art. 292 – 1. The offender is a person in charge, employee or workman of a manufacturing or industrial
Revelation of establishment
industrial secrets 2. The manufacturing or industrial establishment has a secret of the industry which the offender
has learned
3. The offender reveals such secrets
4. Prejudice is caused to the owner
CRIMES AGAINST PROPERTY
Art. 293 – Robbery 1. There be (1) personal property, (2) belonging to another
(in general) 2. There is (3) unlawful taking of that property
3. The taking must be (4) with intent to gain
4. There is (5) violence against or intimidation of any person, or force upon anything
Art. 294 – Robbery I. Robbery with homicide
with violence - When by reason or on occasion of the robbery, the crime of homicide is committed
against or II. Robbery with rape
- When the robbery is accompanied by rape
intimidation of
III. Robbery with serious physical injuries
persons - If by reason or on occasion of robbery, any of the serious physical injuries resulting
in insanity, imbecility, impotency or blindness is inflicted
IV. Robbery with unnecessary violence and intimidation
1. That any of the physical injuries defined in paragraph 3 and 4 of Art. 63 was
inflicted in the course of the robbery
2. Any of them was inflicted upon any person not responsible for the commission of
the robbery
Art. 295 – Robbery When is robbery with violence or intimidation of persons qualified?
with physical If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 is committed
injuries, committed a. In an uninhabited place
in an uninhabited b. By a band
place and by a c. By attacking a moving train, street car, motor vehicle or airship
d. By entering the passengers’ compartments in a train, or in any manner taking the passengers
band, or with the
thereof by surprise in the respective conveyances
use of firearm on a
e. On a street, road, highway, or alley, and the intimidation is made with the use of firearms
street road or alley
The article does not apply:
a. When by reason or on occasion of the robbery, the crime of homicide is committed
b. When the robbery is accompanied by rape or intentional mutilation, or arson
c. If by reason or on occasion of robbery, any of the serious physical injuries resulting in
insanity, imbecility, impotency or blindness is inflicted
Art. 296 – Definition 1. When at least four armed men take part in the commission of a robbery
of a band 2. When any of the arms used in the commission of robbery is not licensed, the penalty upon all
malefactors shall be the maximum of the corresponding penalty provided by law, without
prejudice to the criminal liability for illegal possession of such firearms
3. Any member of a band who was present at the commission of a robbery by the band shall be
punished as principal of any of the assaults committed by the band, unless it be shown that
he attempted to prevent the same

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Art. 298 – Execution 1. The offender has intent to defraud another
of deeds by means 2. The offender compels him to sign, execute, or deliver any public instrument or document
of violence or 3. The compulsion is by means of violence or intimidation
intimidation
Art. 299 – Robbery Robbery with force upon things under subdivision (a)
in an inhabited 1. The offender entered (a) an inhabited place, or (b) public building, or (c) edifice devoted to
place or public religious worship
building or edifice 2. The entrance was effected by any of the following means:
devoted to worship a. Through an opening not intended for entrance or egress
b. By breaking any wall, roof, or floor or breaking any door or window
c. By using false keys, picklocks or similar tools
d. By using any fictitious name or pretending the exercise of public authority
3. Once inside the building, the offender took personal property belonging to another with intent
to gain
Robbery with force upon things under subdivision (b)
1. The offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it
2. The offender takes personal property belonging to another, with intent to gain, under any of
the following circumstances
a. By breaking of door, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle
b. By taking such furniture or objects away to be broken or forced open outside the place
of the robbery
Art. 301 - What is an 1. Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more
inhabited house, persons, even though the inhabitants thereof shall temporarily be absent therefrom when the
public building or robbery is committed.
building dedicated 2. All interior courts, corrals, water houses, granaries, barns, coach-houses, stables or other
to religious worship departments or in closed places contiguous to the building or edifice, having an interior
and their entrance connected therewith, and which form part of the whole, shall be deemed
dependencies dependencies of an inhabited house, public building or building dedicated to religious
worship.
3. Orchards and other lands used for cultivation or production are not included in the terms of
the next preceding paragraph, even if closed, contiguous to the building and having direct
connection therewith.
4. The term “public building” includes every building owned by the Government or belonging to a
private person not included used or rented by the Government, although temporarily
unoccupied by the same.
Dependencies, defined.
1. Must be contiguous to the building
2. Must have an interior entrance connected therewith
3. Must form part of the whole
Art. 302 – Robbery 1. The offender entered an uninhabited place or building which was not a dwelling house, not a
in an uninhabited public building, or not an edifice devoted to religious worship
place or in a private 2. Any of the following circumstances was present:
building a. The entrance was effected through an opening not intended for entrance or egress
b. A wall, roof, floor, or outside window was broken
c. The entrance was effected through the use of false keys, picklocks or other similar tools
c. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
d. A closed or sealed receptacle was removed, even if the same be broken open
elsewhere
3. With intent to gain, the offender took therefrom personal property belonging to another
Art. 303 – Robbery In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals,
of cereals, fruits, or fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said
firewood in an articles.
uninhabited place or
private building
Art. 304 – 1. The offender has in his possession picklocks or similar tools
Possession of 2. Such picklocks or similar tools are specially adopted to the commission of the robbery
picklocks or similar 3. The offender does not have lawful cause for such possession
tools
Art. 305 – False The term "false keys" shall be deemed to include:
keys 1. The tools mentioned in the next preceding articles
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender

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Art. 306 – 1. There be at least four armed persons
Brigandage 2. They formed a band or robbers
3. The purpose is any of the following:
a. To commit robbery in the highway; or
b. To kidnap persons for the purpose of extortion or to obtain ransom
c. To attain by means of force or violence any other purpose
Art. 307 – Aiding 1. The is a band of brigands
and abetting a band 2. The offender knows the band to be brigands
of brigands 3. The offender does any of the following acts:
a. He in any manner aids, abets or protects such band of brigands; or
b. He gives them information of the movements of the police or other peace officers of the
Government
c. He acquires or receives the property taken by such brigands
P.D. 532 – ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
Highway The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the
Robbery/Brigandag property of another by means of violence against or intimidation of person or force upon things of other
e unlawful means, committed by any person on any Philippine Highway.
1. There is no requisite as to the number of perpetrators (even a single person can commit the
crime)
2. There must be an actual commission of robbery (otherwise no crime will arise)
3. There is no preconceived victim (it is done indiscriminately on any person passing on the
[Philippine] highway)
Art. 308 – Theft How theft is committed:

1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and
Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall
gather cereals, or other forest or farm products.
Art. 309 – Penalties 1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing
stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the
thing stolen exceeds the latter amount the penalty shall be the maximum period of the one
prescribed in this paragraph, and one year for each additional ten thousand pesos, but the
total of the penalty which may be imposed shall not exceed twenty years. In such cases, and
in connection with the accessory penalties which may be imposed and for the purpose of the
other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal,
as the case may be.
2. The penalty of prision correccional in its medium and maximum periods, if the value of the
thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.
3. The penalty of prision correccional in its minimum and medium periods, if the value of the
property stolen is more than 200 pesos but does not exceed 6,000 pesos.
4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value
of the property stolen is over 50 pesos but does not exceed 200 pesos.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the
thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of
any of the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the
thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of
hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.
Art. 310 – Qualified Circumstances that qualify theft:
theft 1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property stolen consists of coconuts taken from the premises of the plantation
5. If the property stolen is taken from a fishpond or fishery
6. If property taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance
Art. 311 – Theft of If the property stolen be any property of the National Library or the National Museum, the penalty shall
the property of the be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be

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National Library and provided under other provisions of this Code, in which case, the offender shall be punished by such
National Museum higher penalty.
ANTI-CARNAPPING ACT (RA 6539)
Carnapping 1. Actual taking of motor vehicle
2. The vehicle belongs to another
3. There is intent to gain the taking of the vehicle of another
4. Said taking is taking without the consent of the owner or by means of violence or intimidation
or by means of force upon things
ANTI-CATTLE RUSTLING LAW (PD 533)
Cattle Rustling - Taking away by any means, method or scheme, without the consent of the owner/raiser, of any large
attle whether or not for profit or for gain, or whether committed with or without violence against or
intimidation of persons or force upon things. It includes the killing of a large cattle or taking it as a meat
or hide without the consent of the owner/raiser
Large cattle - Shall include cow, carabao, horse, mule, ass, or other domesticated member of the bovine family.
Goats are not large cattle.
Art. 312 – I. Occupation of real property which is committed by any person who by means of violence
Occupation of real against or intimidation shall occupy the real property of another
property or II. Usurpation of real rights in property committed by any person who by means of violence
usurpation of real against or intimidation shall usurp any real rights in property of another person
rights in property
Elements:
1. Offender takes possession of any real property or usurps any real rights in property
2. Real property or the rights thereof belong to another
3. Violence or intimidation was used
4. Intent to gain
Art. 313 – Altering 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
boundaries or marks intended to designate the boundaries of the same
landmarks 2. Offender alters said boundary marks
Art. 314 – 1. Offender is a debtor who has obligations due and payable
Fraudulent 2. He absconds with his property
insolvency 3. Causes prejudice to his creditors
Art. 315 – Swindling General elements:
or estafa 1. That the accused defrauded another by means of abuse of confidence, or by means of
deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third persons
a. Offended party was deprived of his money or property as a result of defraudation
b. Disturbance in property rights
c. Temporary prejudice
I. Estafa with unfaithfulness or abuse of confidence

A. By altering the substance, quantity, or quality or anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration
1. Offender has an obvious obligation to deliver something of value
2. He alters its substance, quantity, or quality
3. That damage or prejudice is caused to another
B. By misappropriating or converting, to the prejudice of another, money, goods, or
any other personal property received by the offender in trust or on commission, or
for administration, or under any other obligation involving the duty to make delivery
of or to return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods, or other
property.
1. Money, goods, other personal property received by offender in trust, on
commission, for administration, under obligation to make delivery or return
2. Misappropriation or conversion, or denial of receipt
3. To the prejudice of another
4. Demand by offended party to offender
C. By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the
offended party or of any third person
1. That the paper with the signature of the offended party be blank
2. Offended party delivered it to offender
3. Offender writes on the document without authority

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4. Causes damage to the offended party or third persons
II. Estafa by means of false pretense
1. There must be false pretense, fraudulent act, or fraudulent means
- By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or
by means of other similar deceits (par. a)
- By post-dating a check, or issuing a check in payment of an obligation when
the offender therein were not sufficient to cover the amount of the check. The
failure of the drawer of the check to deposit the amount necessary to cover his
check within three days from receipt of notice from the bank and/or the payee
or holder that said check has been dishonored for lack or insufficiency of
funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (par. d)
2. Made or executed prior to or simultaneously with commission of fraud
3. Offended party relied on false pretense to part with his money or property
4. Damage to offended party
III. Estafa by fraudulent means
A. By inducing another to sign document
1. Offender induced offended party to sign document
2. Deceit be employed to make him sign the document
3. Offended party personally signed the document
4. Prejudice be caused
B. By resorting to some fraudulent practice to insure success in gambling
C. By removing, concealing, or destroying documents
1. There be court records, office files, documents, or any other papers
2. Offender removed, concealed, or destroyed any of them
3. Offender had intent to defraud another
BOUNCING CHECKS LAW (BP Blg. 22)
Acts punished 1. Making or drawing and issuing a check knowing at the time of issue that he does not have
sufficient funds
2. Failing to keep sufficient funds to cover the full amount of the check
Prima facie - When the offender makes or draws and issues a check which bounced when deposited within the
evidence of period of 90 days from the moment of its issue
knowledge of
insufficiency of Elements:
funds 1. The check must be deposited within 90 days from date appearing on the check
2. There must be notice of dishonor received by the drawer of the check
3. The drawer of the check failed to make good of the check within five banking days from receipt of
the notice of dishonor
Art. 316 – Other 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or
forms of swindling mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
5. Any person who shall accept any compensation given him under the belief that it was in
payment of services rendered or labor performed by him, when in fact he did not actually
perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil action, without
express authority from the court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed the fulfillment of such
obligation.
Art. 317 – Swindling 1. Offender takes advantage of the inexperience or emotions or feelings of a minor
a minor 2. Induces minor to:
a. Assume an obligation
b. To give release, or
c. To execute transfer of property right
3. For consideration of some loan of money, credit, or other personal property
4. To the detriment of the minor
Art. 318 – Other 1. By defrauding or damaging another by any other deceit not mentioned in the preceding
deceits articles
2. By interpreting dreams, by making forecasts, by telling fortunes, taking advantage of credulity
of public for profit or gain

UST Law – 1A (2015)
Art. 319 – Removal, I. Knowingly removing any personal property under Chattel Mortgage Law to any province
sale, or pledge of or city without written consent of mortgage or executors
mortgaged property 1. Personal property is mortgaged under the Chattel Mortgage Law
2. Offender knows that such property is so mortgaged
3. He removes mortgaged personal property to any province or city other than the one
located
4. Removal is permanent
5. No written consent of mortgagee
II. Selling or pledging personal property already property without consent of the mortgagee
written on the back of the mortgage and noted on the record
1. Personal property already pledged under Chattel Mortgage Law
2. Offender (mortgagor) sells or pledges the same or any part thereof
3. No consent of the mortgagee written on the back of the mortgage and noted on the
record in register of deeds
Art. 320 – 1. One or more buildings or edifices, consequent to one single act of burning, or as a result of
Destructive Arson simultaneous burnings or committed on several or different occasions;
2. Any building of public or private ownership, devoted to public in general, or where people
usually gather or congregate for a definite purpose such as but not limited to official
government function or business, private transaction, commerce, trade workshop, meetings,
conferences, or merely incidental to or for a definite purpose such as but not limited to
motels, transient dwellings, public conveyances or stops, or terminals, regardless of whether
the offender had knowledge that there are persons in said building or edifice at the time set
on fire and regardless also of whether the offender had knowledge that there are persons in
said building or edifice at the time set on fire and regardless also of whether the building is
actually inhabited or not.
3. Any train, locomotive, ship or vessel, airship or airplane, devoted to transportation or
conveyance, or for public use, entertainment and leisure;
4. Any building, factory, warehouse installation and any other appurtenances thereto, which are
devoted to the service of public utilities;
5. Any building the burning of which is for the purpose of concealing or destroying the evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors
or to collect from insurance
6. When arson is committed by two or more persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitute an overt act in the
commission of another violation of the law;
7. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military power or fireworks factory, ordinance,
storehouse, archives or general museum of the Government; or
b. In an inhabited place, any storehouse or factory of inflammable or explosive materials
Art. 321 to 326-B Repealed by the New Arson Law (PD 1613)
PD 1613 – Simple 1. Any building used as offices of the government or any of its agencies
Arson 2. Any inhabited house or dwelling
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel
4. Any plantation, farm, pasture land, growing crop, grain field, orchard, bamboo grove or forest
5. Any rice mill, sugarmill, cane mill, or mill central
6. Any railway or bus station, airport, wharf, or warehouse
Art. 327 – Malicious 1. Offender deliberately caused damage to the property of another
mischief 2. Act does not constitute arson or other crimes involving destruction
3. Committed merely for the sake of damaging it (hate, revenge, evil motive)
Cases of malicious mischief

a. Special cases of malicious mischief (Art. 328)
b. Damage and obstruction to means of communications (Art. 330)
c. Destroying or damaging status, public monuments, or paintings (Art. 331)
Art. 328 – Special 1. Causing damage to obstruct the performance of public functions
cases of malicious 2. Using poisonous or corrosive substances
mischief (qualifying 3. Spreading any infection or contagion among cattle
circumstances)
Art. 332 – Persons Crimes exempted: (not complex crimes)
exempt from 1. Theft
criminal liability 2. Estafa
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, relatives by affinity in the same line

UST Law – 1A (2015)
2. Widowed spouse, with regard to property which belonged to deceased spouse before it
passed to the possession of another
3. Brothers and sisters, brothers- and sisters-in-law, if living together
4. Also includes: stepfather, adoptive father, natural children, concubine, paramour, common-
law spouse
CRIMES AGAINST CHASTITY
Art. 333 – Adultery 1. The woman is married
2. She has sexual intercourse with a man not her husband
3. The man must know her to be married
Art. 334 – 1. The man must be married
Concubinage 2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse under scandalous circumstances;
c. Cohabiting with her in any other place
3. The woman must know that the man must be married
Art. 335 – When and Repealed by Anti-Rape Law of 1997 (RA 8353)
how rape is
committed
Art. 336 – Acts of 1. That the offender commits any act of lasciviousness or lewdness;
lasciviousness 2. That the act of lasciviousness is committed against a person of either sex;
(under 3. That it is done under any of the following circumstances:
a. Using force or intimidation
circumstances of
b. When the offended party is deprived of reason or otherwise unconscious
rape) c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or demented
Art. 337 – Qualified I. Seduction of a virgin over 12 years of age and under 18 years of age by persons who
seduction abuse their authority or confidence reposed in them
1. Offended party is a virgin over 12 and under 18 years old
2. Offender is a priest, domestic servant, teacher, guardian
3. Offender had sexual intercourse with her
4. There is abuse of authority, confidence or relationship on the part of the offender
II. Seduction of a sister by her brother or descendant by her ascendant, regardless of her
age and reputation
Art. 338 – Simple 1. Offended party a woman of good reputation, single, or a widow over 12 and under 18 years
seduction old
2. Offender has sexual intercourse with her
3. By means of deceit
Art. 339 – Acts of 1. Offender commits act of lasciviousness

lasciviousness with 2. Offended party is a virgin, a sister, or a descendant
the consent of the 3. That the acts of lasciviousness are committed through:
a. Abuse of authority
offended party
b. Abuse of confidence
(under c. Abuse of relationship
circumstances of d. By means of deceit
seduction)
Art. 340 – 1. Offender is a pimp
Corruption of 2. That he facilitates the corruption of a minor
minors 3. For the purpose of satisfying the lust of another
Art. 341 – White I. Engaging in prostitution
slave trade II. Profiting by prostitution
III. Enlisting the services of women for the purpose of prostitution
Art. 342 – Forcible 1. Person abducted is any woman, regardless of age, civil status, or reputation
abduction 2. Abduction is against her will
3. Abduction was with lewd designs
Art. 343 – 1. The woman must be a virgin
Consented 2. She must be over 12 years but under 18
abduction 3. The taking away must be with her consent, after solicitation or cajolery from the offender
4. The taking away must be with lewd designs
Art. 344 – 1. Adultery, concubinage – upon complaint by offended spouse
Prosecution of 2. Seduction, abduction, rape, acts of lasciviousness – upon complaint by offended party,
crimes parents, grandparents, guardians
Art. 345 – Civil 1. To indemnify offended woman
liability of persons 2. To acknowledge offspring unless the law prevented him from doing so
guilty of crimes 3. In every case support the offspring
against chastity
Art. 346 – Liability of Accomplices who are liable as principals

UST Law – 1A (2015)
ascendants, 1. Ascendants
guardians, teachers, 2. Guardians
or other persons 3. Curators
4. Teachers
entrusted with the
5. Any other person who abused of authority or confidential relationship
custody of the
offended party
On the ff. crimes:
1. Rape
2. Acts of lasciviousness
3. Qualified seduction
4. Simple seduction
5. Acts of lasciviousness with consent
6. Corruption of minors
7. White slave trade
8. Forcible abduction
9. Consented abduction
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Art. 347 – I. Simulation of birth
Simulation of births, II. Substitution of a child
substitution of one III. Concealing or abandoning any legitimate child with intent to cause such child to lose its
child for another, civil status
1. The child must be legitimate and fully developed
and concealment or
2. Offender conceals or abandons such child
abandonment of a 3. Offender has intent to cause such child to lose its civil status
legitimate child
Art. 348 – 1. Person represents himself to be another
Usurpation of civil 2. Assumes filiation or parental or conjugal rights of another person
status 3. With intent to enjoy the rights arising from civil status
Qualifying circumstance: To defraud offended party or heirs

Art. 349 – Bigamy 1. Offender has been legally married
2. Marriage has not been legally dissolved, or the absent spouse is not presumed dead
3. Offender contracts second, subsequent marriage
4. Subsequent marriage has all essential requisites for validity
Art. 350 – Illegal 1. Offender contracted marriage
marriages 2. He knew at the time that:
a. Requirements of the law were not complied with
b. The marriage was in disregard of legal impediment
Qualifying circumstance: Consent was obtained by violence, intimidation, or fraud

Art. 352 – Offender authorized to solemnize illegal marriages
Performance of
illegal marriage
ceremony
CRIMES AGAINST HONOR
Art. 353 – 1. Imputation of a crime, vice or defect, real or imaginary, any act, omission, circumstance
Defamation 2. Made publicly
3. Malicious
a. Malice in fact – shown by proof of ill-will, hatred, purpose to injure; express malice
b. Malice in law – presumed; proof not required
4. Directed to a natural or juridical person or one who is dead
5. Tending to cause the dishonor, discredit, or contempt of the person defamed
a. Dishonor – disgrace, shame, ignominy
b. Discredit – loss of credit or reputation; disesteem
c. Contempt – state of being despised
d. Blacken memory of the dead
Art. 354 – I. Presumption of malice rebutted
Requirement for 1. Imputation is true, if the law allows proof of truth
publicity 2. Good intention
3. Justifiable motive
II. Privileged communication
A. Private communication
1. Person had legal, moral, or social duty or had an interest to be upheld
2. Addressed to officer or board or superior with interest or duty on the matter
3. Good faith without malice in fact
B. Fair and true report of official proceedings
1. That it is a fair and true report of judicial, legislative, or other official
proceedings not confidential in nature, or statement of public officer made

UST Law – 1A (2015)
during such proceedings, or acts of public officers in their official functions
2. Good faith
3. Without any comments or remarks
Art. 355 – Libel by 1. Writing
means of writings or 2. Printing
similar means 3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic exhibition
10. Any similar means
Art. 356 – I. Light threats
Threatening to II. Threatening another to publish a libel concerning a person, his parents, spouse, child,
publish and offer to other members of his family
present such III. Offering to prevent publication of libel for compensation
publication for a
compensation
(blackmail)
Art. 357 – Prohibited 1. Offender is an editor, reporter, or manager of a publication
publication of acts 2. Publishes facts connected to one’s private life
referred to in the 3. Facts are offensive to honor, virtue, reputation
course of official
proceedings (Gag
Law)
Art. 358 – Slander a. Simple slander
(oral defamation) b. Grave slander
Art. 359 – Slander 1. Offender performs any act not in any other crime against honor
by deed 2. In the presence of other persons
3. Such act casts dishonor, discredit, or contempt on the offended party
Art. 360 – Persons 1. One who publishes, exhibits, or causes the publication or exhibition of the defamation
responsible 2. Author or editor
3. Editor or business manager
4. Owner of printing plant
Art. 361 – Proof of 1. When the act or omission imputed constitutes a crime, whether against a private individual or
truth (when public officer
admissible) 2. When the offended party is a government employee, and the act or omission imputed is
related to the discharge of his official duties
Art. 362 – Libelous Libelous remarks or comments connected with the matter privileged under the provisions of Article 354,
remarks if made with malice, shall not exempt the author thereof nor the editor or managing editor of a
newspaper from criminal liability.
Art. 363 – 1. Offender performs an act
Incriminating 2. Directly incriminates or imputes to an innocent person the commission of a crime
innocent person 3. Act does not constitute perjury
Art. 364 – Intriguing 1. Offender is any person
against honor 2. Offender makes any intrigue
3. The purpose is to blemish the honor or reputation of another person
QUASI-OFFENSES
Art. 365 – Quasi- I. Reckless imprudence (would constitute a grave, less grave, or light felony)
offenses 1. Offender does or fails to do an act
2. Such act is voluntary
3. Without malice
4. Material damage results
5. Inexcusable lack of precaution; considering–
a. Employment or occupation
b. Degree of intelligence, physical condition
c. Persons, time, place
II. Simple imprudence (would constitute a grave, less grave, or light felony)
1. Lack of precaution on the part of the offender
2. Damage impending to be caused is not immediate or the danger not clearly
manifest
III. Damage to property through reckless imprudence or negligence

UST Law – 1A (2015)

RPC Book 2 and Special Penal Laws Elements

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RPC Book 2 and Special Penal Laws Elements

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REVISED PENAL CODE

Criminal Law – Book 2

Qualified mutiny (acc. to legal luminaries)

Under special penal laws

Criminal Law – Book 2

Art. 130 – Searching 1. That the offender is a public officer or employee

Criminal Law – Book 2

The second and third acts are punishable when:

Criminal Law – Book 2

Criminal Law – Book 2

Qualified direct assault

Art. 152 – Persons Persons in authority

Agent of a person in authority is someone charged with:

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Criminal Law – Book 2

Criminal Law – Book 2

Art. 173 – I. Uttering fictitious, wireless, telegraph or telephone message

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Art. 213 – Frauds I. Frauds against public treasury

Criminal Law – Book 2

5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or

6) By taking undue advantage of official position, authority, relationship, connection or influence to

Art. 223 – Conniving 1. Offender is a public officer

Criminal Law – Book 2

Criminal Law – Book 2

(3) Electric shock;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(14) Other analogous acts of physical torture; and

Criminal Law – Book 2

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(7) Maltreating a member/s of a person's family;

(9) Denial of sleep/rest;

(12) Other analogous acts of mental/psychological torture.

Criminal Law – Book 2

(2) Torture resulting in mutilation;

(3) Torture with rape;

(5) Torture committed against children.

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Criminal Law – Book 2

Art. 308 – Theft How theft is committed:

Criminal Law – Book 2

I. Estafa with unfaithfulness or abuse of confidence

Criminal Law – Book 2

Criminal Law – Book 2