(Soriano) Notes On Criminal Law 2

CRIMINAL LAW II NOTES | LAWRENCE EDWARD S. SORIANO | 2ND SEM | S.Y.
2022-2023
is no war, and no actual hostilities between the
countries.
CRIMINAL LAW 2
“Levies war against the government” - means that
there be an actual assembling of people/men.
TITLE 1: CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS (Arts. 114-123) What about in the hardware business where the enemy
country bought materials from you to be used for their
armies and you sold them those materials, can you be
Article 114: Treason - Any Filipino citizen who held criminally liable?
levies war against the Philippines or adheres to her ● No. Certainly, that will give them aid or comfort.
enemies, giving them aid or comfort within the But without adhering to them will not make you
Philippines or elsewhere, shall be punished by liable for treason. There must be adhering to
reclusion perpetua to death and shall pay a fine not to the enemy and giving them aid and comfort.
exceed four million pesos (P4,000,000).
No person shall be convicted of treason unless on the PEOPLE V PEREZ

testimony of two (2) witnesses at least to the same 83 Phil. 314-315, G.R. No. L-856
overt act or on confession of the accused in open
court. FACTS: Accused Perez was charged with treason
and rape. The accused kidnapped several women in
Likewise, an alien, residing in the Philippines, who order to present them to a Japanese Commander to
commits acts of treason as defined in paragraph 1 of satisfy the latter’s carnal pleasure against the will of
this Article shall be punished by reclusion temporal to the women. In some instances, the accused himself
death and shall pay a fine not to exceed four million raped several women.
pesos (P4,000,000).
HELD/RATIO: The accused was acquitted in relation
to the crime of treason; but, he was found guilty in
Who may be held criminally liable under treason? relation to the crime of rape.
● Filipino citizens
● Aliens The acts of the accused in relation to the Japanese
didn’t directly and materially tend to improve the
Is it necessary that a Filipino citizen commits the crime war efforts or weaken the power of the United
here in our territory? States. Moreover, the intent of disloyalty–which is
● No. Under Article 2 of the RPC, the crime of essential in the crime of treason –is lacking.
treason is excluded from the territoriality Nevertheless, the accused can be held liable for the
principle. Even if the crime is committed several counts of rape he committed.
elsewhere, outside the PH territory, PH Law
shall still apply
“Aid and Comfort” - an act that strengthens or tends to
For the aliens, as long as they are residing here in the strengthen the enemy in the conduct of the war against
PH territory. the traitor’s country.
Remember that treason can only be committed if How about in the renunciation of the citizenship when
there is a war (since this crime is a war crime). he held the enemy army, can it be a valid defense?
● No. You are not allowed to denounce your
Treasonable acts may actually be perpetrated during citizenship during times of war (Doctrine of
peace, but there are no traitors until the war has started. Indelible Allegiance).
The law of treason is an emergency measure. It remains
dormant until the emergency arises. But as soon as the “Two-witness Rule” - The testimony of two witnesses
war starts, it is relentlessly put into effect. [Reyes, Book is required to prove the overt act of giving aid or
2] comfort. It is not necessary to prove adherence. [Reyes,
Book 2]
If during the 2017 Marawi Siege, one of the inhabitants
of Marawi levied war on the government or adhered to If one witness testified that this one particular day, he
the enemy (ISIS Maute Group), gave information, or saw the accused give the enemy some guns and the
provide some help, can they be held criminally liable for other one testified that the other day, the accused gave
treason? them (the enemy) some ammunition, would that satisfy
● No. The war referred to here is when our the “two-witness rule”?
country is at war with another country. Thus, ● No. It must be to the same overt act. Thus,
one who supported or levied the rebel groups both witnesses must testified that the accused
within the PH, is not the war (internal war) give the enemy some guns on that one
contemplated by law. Hence, the act is not particular day and the accused gave the
treason. Also, the one who provided the enemy some ammunition the other day.
Chinese with the reclamation of the West PH
Sea does not constitute treason because there Article 115: Conspiracy and proposal to commit
From the discussions of Atty. Angelito P. Ramos, Jr. | the University of Mindanao-College of Legal Education
1
CRIMINAL LAW II NOTES | LAWRENCE EDWARD S. SORIANO | 2ND SEM | S.Y. 2022-2023
treason - The conspiracy and proposal to commit the 1. Without authority therefor, enters a warship, fort,
crime of treason shall be punished respectively, by or naval or military establishment or reservation to
prison mayor and a fine not exceeding two million obtain any information, plans, photographs, or
pesos (P2,000,000), and prison correcional and a fine other data of a confidential nature relative to the
not exceeding one million pesos (P1,000,000). defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office

Conspiracy and Proposal he holds, of the articles, data, or information referred
● A conspiracy exists when two or more persons to in the preceding paragraph, discloses their
come to an agreement concerning the contents to a representative of a foreign nation.
commission of a felony and decide to commit
it. There is a proposal when the person who The penalty next higher in degree shall be imposed if
has decided to commit a felony proposes its the offender be a public officer or employee.
execution to some other person or persons.
Please read Commonwealth Act No. 616 (or the outline
If there is a conspiracy or a proposal, the crime of in Reyes, Book 2 page 26) in relation to this article.
conspiracy and proposal to commit treason will arise.
NOTE: This can only be punished when there is no ESPIONAGE TREASON

actual treason. Thus, when one co-conspirator (one who
May be committed in Only in times of war.
proposed the commission of the crime) has already
times of war and in times
carried out the crime, there’s actual treason, we of peace.
disregard the conspiracy and proposal. Only when
there’s no actual treason can make one be liable for Limited only to:
conspiracy and proposal to commit treason. May be committed in ● Levying of war:
many ways. and,
● Adhering to the
Article 116: Misprision of treason - Every person enemy by giving
owing allegiance to the Government of the PH them aid or
Islands, without being a foreigner, and having comfort.
knowledge of any conspiracy against them, who
conceals or does not disclose and make known the
same, as soon as possible, to the governor or fiscal Article 118: Inciting to war or giving motives for
of the province, or the mayor or fiscal of the city in reprisals. — The penalty of reclusion temporal
which he resides, as the case may be, shall be shall be imposed upon any public officer or
punished as an accessory to the crime of treason. employee, and that of prision mayor upon any
private individual, who, by unlawful or unauthorized
G.R: If one does not disclose the conspiracy to the acts provokes or gives occasion for a war involving or
liable to involve the Philippine Islands or exposes
proper authority enumerated therein, he can be Filipino citizens to reprisals on their persons or
criminally liable for misprision of treason. property.
XPN: In the exempting circumstance of insuperable

This article can also be committed in times of peace.
cause. (Article 12, par. 7). A cause which has lawfully,
morally, or physically prevented a person to do what the
This article can also be applied in giving motives for
law command.
reprisals.
● For example, when a public officer went to
Just in the case when a confessor went and confessed
other country, makes an act dishonoring that
to a priest that they are in the process of conspiring
country’s culture, or its head of state that
against the government to commit treason. The priest
makes racist comments, that public officer may
cannot be liable for misprision of treason because he
be liable.
was prevented by his vow of confidentiality.
● Where a lot of Filipinos were outraged during
the execution of the late Flor Contemplacion,
NOTE: In this Article, it must be the conspiracy to
where they believe in the latter’s innocence,
commit treason and not actual treason.
one public officer uses the flag of Singapore as
a doormat and others burned the same, they
Article 117: Espionage - The penalty of prision can be liable under this Article.
correccional shall be inflicted upon any person who:
How about burning the flags of the United States or one
particular country?
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● In applying the law, that act can be penalized
under this Article. Flag desecration is an act
Article 122: Piracy in general and mutiny on the
where one intentionally destroy, damage, or high seas or in Philippine waters. — The penalty of
mutilate a flag in public. reclusion perpetua shall be inflicted upon any person
who, on the high seas or in PH walters, shall attach
How about the burning of effigies? or seize a vessel or, not being a member of its
● The law did not enumerate what are these complement nor a passenger, its equipment, or
specific acts. It leaves for the court to personal belongings of its complement or
passengers.
determine what are these acts that give rise to
reprisals. In the absence of any jurisprudence, The same penalty shall be inflicted in case of mutiny
it would be difficult to apply this Article for such on the high seas or on PH waters. (As amended by
a violation. Sec. 3, R.A. 7659)
Article 119: Violation of neutrality. — The penalty “High seas” - parts of the sea that are not included in
of prision correccional shall be inflicted upon anyone the EEZ, in the territorial seas, in the internal waters of a
who, on the occasion of a war in which the state, or in the archipelagic waters of an archipelagic
Government is not involved, violates any regulation state. [UNCLOS]
issued by competent authority for the purpose of
enforcing neutrality.
Before the amendment - PD 532 (punishes piracy w/in
PH waters)
There’s a war then the PH declares that it is neutral to With the amendment - Art. 122 (punishes piracy w/in
the war. Thus, PH must abide to certain rules. Just like high seas or PH waters)
in WW2, Switzerland was the neutral country.
PEOPLE V TULIN
Article 120. Correspondence with hostile country. G.R. No. 111709
— Any person who in time of war, shall have
correspondence with an enemy country or territory FACTS: In the evening of March 2, 1991, " M/T
occupied by enemy troops shall be punished. Tabangao," a cargo vessel owned by the PNOC
Shipping and Transport Corporation, loaded with
1. By prision correccional, if the correspondence has kerosene, gasoline, and diesel was boarded by seven
been prohibited by the Government; fully armed pirates including Roger P. Tulin, Virgilio
Loyola, Andres Infante Jr, and Emilio Changco. The
2. By prision mayor, if such correspondence be vessel was directed to sail to Singapore’s shoreline
carried on in ciphers or conventional signs; and for the transfer of the products to another vessel
called “Navi Pride” under the supervision of the
3. By reclusion temporal, if notice or information be accused Cheong San Hiong.
given thereby which might be useful to the enemy. If
the offender intended to aid the enemy by giving such Thereafter, M/T Tabangao returned to the Philippines.
notice or information, he shall suffer the penalty of A series of arrests was made and an information was
reclusion temporal to death. filed, charging all the accused with qualified piracy or
violation of Presidential Decree No. 532 (Piracy in
Philippine Waters).
“Correspondence” - communication by means of
letters; or it may refer to letters which pass between They were convicted of the crime charged and the
those who have friendly or business relations. [Reyes, matter was elevated to the CA. Meanwhile, accused
Book 2] Cheong San Hiong argued that the court erred in
convicting him as an accomplice to the crime when
This article contemplates the prohibition of one the acts which he committed was done outside of
Philippine waters and territory. He argued that the
providing correspondence (to communicate) to the
court has no jurisdiction to hold him for trial.
enemy country.
ISSUE: Whether the accused Cheong San Hiong can
be tried under Philippine courts for the crime which
Article 121: Flight to enemy’s country. — The
he committed outside Philippine waters and territory.
penalty of arresto mayor shall be inflicted upon any
person who, owing allegiance to the Government,
HELD: Yes. Piracy falls under Title One of Book Two
attempts to flee or go to an enemy country when
of the Revised Penal Code. As such, it is an
prohibited by competent authority.
exception to the rule on territoriality in criminal law as
provided in Article 2(5) of the Revised Penal Code.
This is when there is war then one, who owes allegiance Since the crime was committed outside Philippine
waters, suffice it to state that unquestionably, the
to the government, flees to an enemy country.
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attack on and seizure of "M/T Tabangao and its cargo PIRACY MUTINY
were committed in Philippine waters, although the
captive vessel was later brought by the pirates to Persons who attack the Persons who attack are
Singapore where its cargo was off-loaded, vessel or seize its cargo members of the crew or
transferred, and sold. And such transfer was done are strangers to the aid passengers
under accused-appellant Hiong's direct supervision. vessels
Although Presidential Decree No. 532 requires that Intent to gain is essential Intent to gain is not
the attack and seizure of the vessel and its cargo be essential. Offenders may
committed in Philippine waters, the disposition by the ignore the officers or
pirates of the vessel and its cargo is still deemed part they may be prompted
of the act of piracy, hence, the same need not be by a desire to commit
committed in Philippine waters. plunder. [Reyes, Book 2]
Article 122 of the Revised Penal Code, before its

amendment, provided that piracy must be committed One who commits mutiny is called “mutiny idols” - Atty.
on the high seas by any person not a member of its Ramos, 2023. Huhuhu nag-joke sya ani guys
complement nor a passenger thereof. Upon its
amendment by Republic Act No. 7659, the coverage
of the pertinent provision was widened to include Article 123: Qualified piracy - The penalty of
offenses committed "in Philippine waters." reclusion temporal to death shall be imposed upon
those who commit any of the crimes referred to in
On the other hand, under Presidential Decree No. the preceding article, under any of the following
532 (issued in 1974), the coverage of the law on circumstances:
piracy embraces any person including "a passenger
or member of the complement of said vessel in 1. Whenever they have seized a vessel by boarding
Philippine waters." Hence, passenger or not, a or firing upon the same;
member of the complement or not, any person is
covered by the law. Republic Act No. 7659 neither 2. Whenever the pirates have abandoned their
superseded nor amended the provisions on victims without means of saving themselves; or
piracy under Presidential Decree No. 532.
3. Whenever the crime is accompanied by murder,
There is no contradiction between the two laws. homicide, physical injuries or rape. (As amended
There is likewise no ambiguity and hence, there is no by Sec. 3, R.A. 7659)
need to construe or interpret the law. All the
presidential decree did was to widen the
coverage of the law, in keeping with the intent to If all attendants are present, it is a composite crime
protect the citizenry as well as neighboring states (special complex crime).
from crimes against the law of the nations.
If the accused boarded a vessel by firing the same, then
abandoned their victims after committing rape, how do
If the vessel is in PH waters, which will apply?
you treat the other crimes (the rape and other killings)?
● Choose between Art. 122 or PD 532.
Do you prosecute the pirates for separate crimes?
● No. It’s part of qualified piracy.
“Mutiny” - the unlawful resistance to a superior officer,
or the raising of commotions and disturbances on board
a ship against the authority of its commander. [Reyes, RA No. 6235
Book 2] AN ACT PROHIBITING CERTAIN ACTS INIMICAL
TO CIVIL AVIATION, AND FOR OTHER
What if the accused, on board the vessel, passengers PURPOSES.
while asleep, took the gadgets from the passengers and
Section 1. It shall be unlawful for any person to
fled with it, would that constitute piracy (Under PD 532)? compel a 1change in the course or destination of
● No. The taking of personal belongings must be an aircraft of Philippine registry, 2or to seize or
in nature or akin to a robbery. If the accused usurp the control thereof, while it is in flight. An
took it without the attendant to those aircraft is in flight from the moment all its external
circumstances—caused commotions or doors are closed following embarkation until any of
disturbances—it is not piracy. such doors is opened for disembarkation.
It shall likewise be unlawful for any person 3to

NOTE: Under PD 532, one is liable for piracy. On the compel an aircraft of foreign registry to land in
other hand, under Art 122, one is liable for mutiny Philippine territory or to seize or usurp the control
(provided that the accused is a crew or a passenger). thereof while it is within the said territory.
*This act includes hijacking.
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They are called crimes against the fundamental laws of
EXAMPLE 1: While the crew of the Philippine Airlines the State, because they violate certain provisions of the
1
(PAL) waiting for the passenger manifest , one of the Bill of Rights (Art. III) of the 1987 PH Constitution.
[Reyes, Book 2]
passengers stood up, leveled the gun towards the pilot,
and demanded the latter to fly towards Indonesia, but
then apprehended. Is it hijacking? Article 124: Arbitrary detention — Any public
● No. To be considered as hijacking, the plane officer or employee who, without legal grounds,
detains a person, shall suffer;
must be inflight (See Section 1 of RA 6235).
1. The penalty of arresto mayor in its maximum
EXAMPLE 2: If the airplane is on the tarmac, taxiing its period to prision correccional in its minimum period, if
way to the runway while waiting for its turn, one of the the detention has not exceeded three days;
passengers stood up, levels the gun toward the pilot,
and demanded the latter to fly towards Malaysia 2. The penalty of prision correccional in its medium
otherwise he will shoot the latter. Is it hijacking? and maximum periods, if the detention has continued
more than three but not more than fifteen days;
● Yes. When does hijacking consider as such?
When the plane is in flight. What is the 3. The penalty of prision mayor, if the detention has
definition of “in flight”? An aircraft is in flight continued for more than fifteen days but not more
from the moment all its external doors are than six months; and
closed following embarkation until any of
such doors is opened for disembarkation. 4. That of reclusion temporal, if the detention shall
(See the last sentence of par. 1 of Section 1, RA have exceeded six months.
6235)
The commission of a crime, or violent insanity or any
other ailment requiring the compulsory confinement
That’s why the first example, explains that it is not of the patient in a hospital, shall be considered legal
hijacking because as the crew waited for the passenger grounds for the detention of any person.
manifest, certainly the external door is still open. But in
the second example, an airplane cannot taxi with its When can there be detention?
door open, which means that the door is already closed. ● Detention is the actual confinement of a
Ergo, even if the plane has not yet left the ground, so person in an enclosure, or in any manner
long as its door is already closed, in preparation for detaining and depriving him of his liberty. A
flight or landed waiting for disembarkation of the person is detained when he is placed in
passengers, then the plane is considered in flight. Thus, confinement or there is a restraint on his
constitute hijacking. person. [Reyes, Book 2]
EXAMPLE 3: If the crew of Singaporean Airlines or In this article only punishing public officers or employees
Qatar Airlines, waiting for the passenger manifest, then is liable and not those private individuals. If the latter
one of the passengers stood up, leveled the gun committed the same act it is called “illegal detention” or
towards the pilot, and demanded the latter to fly towards “kidnapping”.
Guam. Is that hijacking?
● Yes. (See the last paragraph of Section 1, RA 6235) EXAMPLE 1: A city treasurer, a public officer/employee,
Even if the foreign plane is not in flight, so long is asking his secretary for a date. The secretary replied
as it is within our territory, it is hijacking. that her parents prohibited her from dating, where in
reality she does not like to date the former. As a result,
Other acts prohibited under RA 6235: the former resented what the latter said. At night, the
● To ship, load, or carry in any passenger aircraft city treasurer locked and left his secretary inside the
operating as a public utility within the PH, any office.
explosives, flammable, corrosive, or
poisonous substance or material. (See “Hindi ka makakalabas diyan kung hindi ka
Section 3, RA 6235) makikipag-date sa akin”, he said.
The woman replied, “I will not go on a date with you!”
Title 2: CRIMES AGAINST THE FUNDAMENTAL “O sige, bye. But mind you, ‘pag gabi may maririnig
LAWS OF THE STATE (Arts. 124-133) kang may umiiyak diyan sa CR.”
The woman was left inside the office. She was able to
get out the next morning when the janitor opened the
1
PASSENGER MANIFEST means a document containing the door. Would that constitute arbitrary detention?
passenger's name(s), the number of persons in the party, and the airline
and flight number on which the passenger arrived or will arrive.
5
● No. True, Article 124 only provides public
officer/employee are the ones who will commit If the officer was not able to file the case in court, then
the same. But the person contemplated herein he can be criminally liable under Art. 125.
is those who have vested a power to detain the
other person, such as police officers, members How do we count this period?
of the army, and alike. ● If the accused is apprehended at the time
when the courts are closed, given that the
“Without legal grounds” - means there is no warrant latter was apprehended with a felony carrying a
of arrest (WA) issued but remember that there is a valid light penalty (12 Hours) at 6:00 PM and the
warrantless arrest (VWA). If there is no WA but if the officers cannot deliver him not until the court
arrest was done under VWA when the crime is opens at 6:00 AM. If the officer has not filed the
committed in the presence of the police officer, or the case, is he obligated to release the accused?
person detained when just committed the crime or about ➔ According to some legal luminaries,
to commit the crime or just been committed and the the period (12H, 18H, and 36H) being
police officer has probable cause to believe based on contemplated in this article should
personal knowledge of facts or circumstances that the only mean the HOURS when the
person to be arrested has committed it2, it is a VWA. court is open. So, if the accused is
apprehended at night, the counting of
In fact, incidental to VWA, there are warrantless the period will not start to commence
searches (WS) on his person to make sure that he does not until the court opens the next
not have any weapons that could harm the arresting morning. Simply stated, as to the
officer. counting of time, the period
mentioned, must only run while the
courts are open.
Article 125: Delay in the delivery of detained
persons to the proper judicial authorities — The ➔ DOJ Department Circular No. 50,
penalties provided in the next preceding article shall series of 20123 provides that
be imposed upon the public officer or employee who counting of the prescribed “12-18-36”
shall detain any person for some legal ground and periods shall be done by the hour
shall fail to deliver such person to the proper starting from the time of detention.
judicial authorities within the period of; twelve (12) However, there are circumstances
hours, for crimes or offenses punishable by light
that may be considered in determining
penalties, or their equivalent; eighteen (18) hours, for
crimes or offenses punishable by correctional whether the public officer can be held
penalties, or their equivalent and thirty-six (36) hours, liable for violating the law such as
for crimes, or offenses punishable by afflictive or ● (a) observance of
capital penalties, or their equivalent. non-working holidays, during
which it becomes legally and
In every case, the person detained shall be physically impossible to
informed of the cause of his detention and shall
properly file charges in court;
be allowed upon his request, to communicate and
confer at any time with his attorney or counsel. ● (b) extraneous factors like
(As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 means of communication
and July 25, 1987, respectively) and transportation, the hour
of the arrest or the time of
surrender of an accused. It
This article does not mean the taking of the person of
must be noted, however, that
the accused to the court. What is being contemplated in
the two exceptions should
this article is the filing of the case in court.
not be used as grounds for
abuse.
There must be a VWA and there is valid warrantless
detention (VWD). Here, the public officer has the
If one is apprehended the day before the holiday, the
obligation to deliver the accused to the proper judicial
latter still cannot be released not until the expiration of
authorities by filing the case in an appropriate court.
the period. The officer still has reasonable time to file
the case to the court.
For how long? (GENERAL RULE)
● 12 Hours - light penalties
Is the filing of the case to the city prosecutor’s office
● 18 Hours - correctional penalties
enough already? Will it stop the running of the period?
● 36 Hours - afflictive/capital penalties
3
Guidelines on the Application of Article 125 of the Revised Penal Code,
2
Section 5(a), Rule 113 Revised Rules on Criminal Procedure. as amended
6
● It’s not enough. There must be a filing in court. Since this may be the law said “without the authority of
However, in practice, the police will not release law”, are there any instances can which a person is
the accused. It must be with the judicial made to change his address or be brought from one
authorities. place to another?
● In the exercise of the police power of the State,
On the contrary, the filing of a complaint before the the State may do so.
Municipal Trial Courts (MTCs) for purposes of During Cory Aquino’s administration, when the
preliminary investigation (PI) is already sufficient since Marcoses are in exile, there was a petition for a
MTC can issue an order for release. return to the country. A decision was issued
stating that the latter cannot go back to the
As per Atty. Ramos, the counting will start from the time country because the political situation will go
of detention, but if it expires, during the time the courts into further chaos once granted.
are still closed, the case may still be filed within a Likewise, during the time of leprosy in the
reasonable time. But it does not mean that if the time is country, lepers were brought to a facility in
exceeded, the accused can go freely and can no longer Palawan, can the government do that?
be prosecuted. The fact is he can still be prosecuted Affirmative, since leprosy was still incurable at
through a PI. that time. The same case also applies during
the pandemic.
EXCEPTION TO THE GENERAL RULE:
VILLAVICENCIO v LUKBAN
Under RA 93724, it is a different scenario. From the G.R. No. L-14639
moment the person is apprehended or arrested:
Respondent Justo Lukban, Mayor of the city of
SEC. 19. Period of Detention in the Event of an
Manila, for the best of all reasons, to exterminate
Actual or Imminent Terrorist Attack. - In the event of
vise, ordered the segregated district for women of ill
an actual or imminent terrorist attack, suspects may
repute, which had been permitted for a number of
not be detained for more than three days xxx
years in the City of Manila, closed. The women were
kept confined to their houses in the district by the
In delaying the release, the person was either arrested police. At about midnight of October 25, the police,
with WA or without WA or serving a sentence, then there acting pursuant to the orders from the chief of the
police and Justo Lukban, descended upon the
is a judicial or executive order for such release when a
houses, hustled some 170 inmates into patrol
prison officer did not release the person, there is an wagons, and placed them aboard the
unduly delay. steamers―Corregidor and ―Negros. They had no
knowledge that they were destined for a life in
Mindanao. The two steamers with their unwilling
Article 126: Delaying release - The penalties passengers sailed for Davao on the night of October
provided for in Article 124 shall be imposed upon any 25, 1918.
public officer or employee who delays for the period
of time specified therein the performance of any Whether the act of the Mayor of the City of Manila is
judicial or executive order for the release of a constitutional.
prisoner or detention prisoner, or unduly delays the
service of the notice of such order to said prisoner or The Supreme Court condemned the mayor‘s act. The
the proceedings upon any petition for the liberation of respondent‘s intention to suppress the social evil was
such person. commutable. But his methods were unlawful. Alien
prostitutes can be expelled from the Philippines in
conformity with an act of Congress. The
Article 127. Expulsion. — The penalty of prision Governor-General can order the eviction of
correccional shall be imposed upon any public officer undesirable aliens after a hearing from the Islands.
or employee who, not being thereunto authorized One can search in vain for any law, order, or
by law, shall expel any person from the Philippine regulation, that even hints at the right of the Mayor of
Islands or shall compel such person to change his the City of Manila or the Chief of Police of that City to
residence. force citizens of the Philippine Islands, and these
women despite their being in a sense, lepers of
society are nevertheless not chattels but
This is about the expulsion of one’s domicile, to travel or Philippine citizens protected by the same
to change his address which concomitant thereto the constitutional guarantees as other citizens.
right to change his address.
Article 128. Violation of domicile. — The penalty of

4
prision correccional in its minimum period shall be
An Act To Secure The State And Protect Our People From Terrorism imposed upon any public officer or employee who,
dated 6 March 2007
7
allowed to enter. (NOTE: The
not being authorized by judicial order, shall enter
prohibitions stated also apply to trespass
any dwelling against the will of the owner thereof,
to dwelling.)
search papers or other effects found therein
without the previous consent of such owner, or NOTE: If only knowledge of the owner is insufficient,
having surreptitiously entered said dwelling, and there must be a prohibition.
being required to leave the premises, shall refuse
to do so. II. SEARCH FOR PAPERS OR OTHER EFFECTS
THEREIN WITHOUT THE PREVIOUS CONSENT OF
If the offense be committed in the night-time, or if any SUCH OWNER
papers or effects not constituting evidence of a crime
be not returned immediately after the search made by
the offender, the penalty shall be prision correccional In the same given scenario, there is no violation when
in its medium and maximum periods there is no prohibition from the owner. But when the
police officer entered the house, he saw a book that
appears to have a picture of a hammer and sickle, a
If a private individual commits the same act as stated
symbol of socialism and communism, thinking that the
in this article, the crime is trespass to dwelling (Art.
person living is a communist, he searched the place. At
280 of RPC).
that point when he starts searching, did he commit the
crime already?
Distinct acts under this article are
● Yes.
1. Entered the dwelling against the will
of the owner;
III. REFUSED TO LEAVE THE PREMISES, AFTER
2. Search for papers or other effects
HAVING SURREPTITIOUSLY ENTERED SUCH
therein without the previous consent
DWELLING AND HAVING BEEN REQUIRED TO
of such owner; and,
LEAVE THE SAME
3. Refused to leave the premises, after
having surreptitiously entered such
Police officer pass by, rains started to pour. He went to a
dwelling and having been required to
nearby house, asking if he (the officer) can go inside the
leave the same.
house. Then, the owner of the house allowed it. The
latter told his daughter to prepare some coffee for the
I. ENTERED THE DWELLING AGAINST THE WILL OF
officer. It appears that the daughter is beautiful. When
THE OWNER
the latter lend the cup to the officer, before releasing, the
officer took the hand of the daughter for a second and
For instance, you went to the bathroom while having a
glanced at her with adoring eyes. However, the owner,
movie marathon, then a police officer pass by and
as a father, resented the officer’s action. Subsequently,
entered your house, without your consent, through an
he told the officer to leave the house immediately, but
open door, and watch the movie. You were surprised
the latter refused to leave. Is there a violation?
when you got out. You told the police officer to leave
● If only surreptitiously entered the house, then
which the latter did so. What crime did the police officer
there’s a violation.
commit?
● No, there is no violation. The law stated
SURREPTITIOUSLY - clandestinely, secretly
“against the will” and not “without the consent”.
Which means there is a prohibition from the
When can an officer enter without a warrant?
owner either express or implied.
● During arrest.
➔ EXPRESS PROHIBITION - When a
police officer asks to enter then the
owner says ‘no’ however the officer Article 129. Search warrants maliciously obtained
persisted. The action is undisputably and abuse in the service of those legally
a violation of domicile. Likewise, when obtained. — In addition to the liability attaching to the
offender for the commission of any other offense, the
a note was outside the house
penalty of arresto mayor in its maximum period to
prohibiting an officer to enter the prision correccional in its minimum period and a fine
house but the latter continued to not exceeding P1,000 pesos shall be imposed upon
enter. any public officer or employee who shall procure a
➔ IMPLIED PROHIBITION - If the door search warrant without just cause, or, having
is closed, then there is an implied legally procured the same, shall exceed his
prohibition. Also, even if the door is authority or use unnecessary severity in executing
the same.
open but something (e.g. table or
chair) had blocked the doorway or
even ropes indicating that no one is
8
Unlike WA, in procuring SW the procedure is more
age and discretion residing in the same locality.
extensive. The court may rely on the records if what is (7a)
being issued is WA, while in SW the court is required to
conduct searching questions (e.g execute an affidavit,
testify) and will determine the truthfulness of the Art. 131. Prohibition, interruption and dissolution
question/allegations. of peaceful meetings. — The penalty of prision
correccional in its minimum period shall be imposed
If SW must be procured unjustly, someone must perjure upon any public officer or employee who, without
himself. Thus, if one executes a false judicial affidavit, to legal ground, shall prohibit or interrupt the holding
of a peaceful meeting, or shall dissolve the same.
be used not in a judicial proceeding, he commits the
crime of perjury. What will happen to the perjury? Will it The same penalty shall be imposed upon a public
be complex to Article 129 or absorbed or prosecuted officer or employee who shall hinder any person
separately? from joining any lawful association or from
● The phrase “In addition to” means the other attending any of its meetings.
crimes may be filed separately. Although Art
48, one crime is necessary to the commission The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
of the other, perjury is likewise necessary to
person from addressing, either alone or together
the crime. But the law provides the phrase with others, any petition to the authorities for the
given, thus, the penalty of other crimes might correction of abuses or redress of grievances.
be imposed as well.
G.R: In conducting a rally, there must be a permit of the

This article also covers when an officer searches a
same. Thus, in the absence of that permit, then we
house that was not indicated in the SW or there is no
cannot say that the meeting is peaceful, despite there
reciept issued.
being no actual hostilities or violence happened, it must
be dissolved.
Article 130. Searching domicile without
witnesses. — The penalty of arresto mayor in its XPNs:
medium and maximum periods shall be imposed 1. When it is done in a freedom plaza, issuance
upon a public officer or employee who, in cases
of the permit is not needed and the rally can be
where a search is proper, 1shall search the
domicile, papers or other belongings of any made.
person, 2in the absence of the latter, any member 2. When there is a public awry or violent or rude,
of his family, or in their default, 3without the the meeting may be dissolved.
presence of two witnesses residing in the same
locality.
Article 132. Interruption of religious worship. —
The penalty of prision correccional in its minimum
Without these witnesses, a public officer may be held period shall be imposed upon any public officer or
liable under this article. employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
Who are these witnesses?
If the crime shall have been committed with violence
● Owner of the house
or threats, the penalty shall be prision correccional in
● Any member of his family in the absence of the its medium and maximum periods.
first
● Without the presence of the two, residents of
the locality. In this article, the religious worship may not be in the
place of worship (e.g. the passion of the cross or praise
Pursuant to Revised Rules on Criminal Procedures, the and worship in a plaza or “pabasa” during Holy Week).
same requisites are stated, viz: An officer/employee is liable when he prevent, disturb,
or dissolve the religious worship.
Revised Rules on Criminal Procedure
RULE 126 (Search and Seizures)
Art. 133. Offending the religious feelings. — The
SEC. 8. Search of house, room, or premises to be penalty of arresto mayor in its maximum period to
made in presence of two witnesses.—No search of prision correccional in its minimum period shall be
a house, room, or any other premises shall be made imposed upon anyone who, in a place devoted to
except in the presence of the lawful occupant religious worship or during the celebration of any
thereof or any member of his family or in the religious ceremony shall perform acts notoriously
absence of the latter, two witnesses of sufficient offensive to the feelings of the faithful.
9
This article is the exception to Article 132 where a public ● The element of the crime must read in
officer/employee commits the crime. Thus, under this conjunction with the other elements. Was there
article, it may be committed by a private individual. The a religious ceremony? No. Therefore, the act
right to religious worship is enshrined in the 1987 cannot be fall under Article 133.
Philippine Constitution.
“PLACE DEVOTED TO RELIGIOUS WORSHIP”
Sec. 5, Article III Bill of Rights
1987 Philippine Constitution
This refers to the place where, during the celebration of
Section 5. No law shall be made respecting an the religious ceremony, the one being offended.
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of PEOPLE v MANDORIAO, JR.
religious profession and worship, without C.A., 51 O.G. 4619
discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of FACTS: The Iglesia ni Cristo held a religious rally at a
civil or political rights. public place in Baguio. About 200 people attended
the meeting, about 50 of whom were members of the
Iglesia ni Cristo but the rest were outsiders and
curious listeners. While Salvio, a minister of Iglesia ni
CARLOS CELDRAN v PEOPLE Cristo, was expounding on his topic to the effect that
G.R. No. 220127 Christ is not God, but only man, the crowd became
unruly. Some people urged Mandoriao to go up the
FACTS: While Brother Edgar J. Tria Tirona was stage and have a debate with Salvio. Mandoriao
reading a passage from the Bible around 3:00 p.m., however, was not able to speak before the
petitioner entered the Manila Cathedral clad in a microphone because the wire connecting it was
black suit and a hat. Petitioner went to the center of abruptly disconnected.
the aisle, in front of the altar and suddenly brought
out a placard emblazoned with the word "DAMASO." ISSUE: Whether or not the meeting was a religious
Commotion ensued when petitioner started shouting ceremony.
while inside the church saying "Bishops, stop
involving yourself in politics," disrupting and showing HELD: The meeting here was not a religious
disrespect to an otherwise solemn celebration. ceremony. A religious meeting is an “assemblage of
people meeting for the purpose of performing acts of
ISSUE: Whether the petitioner is guilty under Article adoration to the Supreme Being, or to perform
133 of the RPC. religious services in recognition of God as an object
of worship…”
HELD: Affirmative. First element was present
because it was committed by the petitioner while The meeting here was not limited to the members
there was a religious ceremony insider the Manila of the Iglesia ni Cristo. The supposed prayers and
Cathedral. singing of hymns were merely incidental because the
principal object of the rally was to persuade new
“Acts” as used in RPC 133 may come in the form of converts to their religion.
words, overt behavior, deeds, or anything knowingly
performed by a person – symbolic or otherwise. The Assuming that the rally was a religious ceremony, the
petitioner is said to have dressed in black suit and appellant cannot be said to have performed acts or
hat, walked through the middle aisle in the front of the uttered words offensive to the feelings of the faithful.
Manila Cathedral altar and displayed a placard with The act complained of must be directed against a
the word “DAMASO” and blurted out “Don’t meddle in dogma or ritual, or upon an object of veneration.
politics” while being dragged outside. There was no object of veneration at the meeting.
The acts of petitioner were meant to mock, insult, and
ridicule those clergy whose beliefs and principles
Title 3: CRIMES AGAINST PUBLIC ORDER (Arts.
were diametrically opposed to his own.
134-160)
EXAMPLE 1: For one who entered a church, and Probation law does not apply in these crimes.
mocked the statues of the saints for idolatry which is
prohibited under the Ten Commandments. Then that
Art. 134. Rebellion or insurrection; How
person destroyed them. Article 133 is applicable committed. — The crime of rebellion or insurrection
because it was performed in a place devoted for is committed by rising publicly and taking arms
religious worship. against the Government for the purpose of
removing from the allegiance to said Government
EXAMPLE 2: A person who introduced himself as a or its laws, the territory of the Philippine Islands
pastor destroyed the statues and pictures venerated by or any part thereof, of any body of land, naval or
other armed forces, depriving the Chief Executive
the Catholic faith. Is Article 133 applicable?
10
or the Legislature, wholly or partially, of any of power, singly or simultaneously carried out anywhere
their powers or prerogatives. (As amended by R.A. in the Philippines by any person or persons,
6968). belonging to the military or police or holding any
public office of employment with or without civilian
support or participation for the purpose of seizing or
REBELLION TREASON diminishing state power. (As amended by R.A. 6968)
Levying of war was

In the cases of Hernandez, Honasan, and Enrile, there
meant to aid the enemy,
Levying of war AGAINST is a coup d’etat during the presidency of Cory Aquino
or if it would also
the government during which took place before 1990. During that time, no law
constitute adherence to
peacetime against coup d’etat. Therefore, when a public uprising
the enemy, giving him
aid and comfort was attended by public officers or members of the AFP,
it is not a coup d’etat but a rebellion.
Always involves TAKING
Only by way of giving aid
UP ARMS against the Also, there is an uprising of a multitude of people who
and comfort is sufficient
gov’t
attended with the members of the AFP, police, or public
TO SUBSTITUTE the members or employees.
current government with
To help the enemy The penalty for rebellion or insurrection (R/I) and coup
the rebels rebels’ own
form of gov’t d’etat (Coup) is dependent totally in the participation
[U.P BOC] of the accused. Thus, a distinction must be made as to
whether he is a member or commander/leader. The
Under RA 69685, there no need for the actual fighting so latter has a more severe penalty than that of the former.
long as there is rising publicly and taking arms against
the gov’t.
Article 135. Penalty for rebellion, insurrection or
coup d'etat. — Any person who promotes,
NOTE: Rebellion cannot be committed by a single
maintains, or heads rebellion or insurrection shall
individual, there must be a multitude of people suffer the penalty of reclusion perpetua.
participating therein, a public uprising.
Any person merely participating or executing the
Also, under RA 93726 it punishes the crime of rebellion, commands of others in a rebellion shall suffer the
viz: penalty of reclusion temporal.
SEC. 3. Terrorism.- Any person who commits an act Any person who leads or in any manner directs or
punishable under any of the following provisions of commands others to undertake a coup d'etat shall
the Revised Penal Code: suffer the penalty of reclusion perpetua.
a. Article 122 (Piracy in General and Mutiny in the Any person in the government service who
High Seas or in the Philippine Waters); participates, or executes directions or commands
of others in undertaking a coup d'etat shall suffer the
b. Article 134 (Rebellion or Insurrection); penalty of prision mayor in its maximum period.
c. Article 134-a (Coup d' Etat), including acts Any person not in the government service who
committed by private persons; xxx participates, or in any manner supports, finances,
abets or aids in undertaking a coup d'etat shall suffer
the penalty of reclusion temporal in its maximum
period.
Article 134-A. Coup d'etat; How committed. — The
When the rebellion, insurrection, or coup d'etat shall
crime of coup d'etat is a swift attack accompanied
be under the command of unknown leaders, any
by violence, intimidation, threat, strategy or
person who in fact directed the others, spoke for
stealth, directed against 1duly constituted
them, signed receipts and other documents issued
authorities of the Republic of the Philippines, or 2any
in their name, as performed similar acts, on behalf or
military camp or installation, communications
the rebels shall be deemed a leader of such a
network, public utilities or other facilities needed
rebellion, insurrection, or coup d'etat. (As amended by
for the exercise and continued possession of
R.A. 6968, approved on October 24, 1990).
5
An Act Punishing The Crime Of Coup D′état By Amending Articles 134,
135 And 136 Of Chapter One, Title Three Of Act Numbered Thirty-Eight
Hundred And Fifteen, Otherwise Known As The Revised Penal Code,
And For Other Purposes dated 24 October 1990
6
An Act To Secure The State And Protect Our People From Terrorism
Also Known As The "Human Security Act Of 2007." dated 6 March 2007
11
petition for bail was filed by Hernandez on 26 June
REBELLION / INSURRECTION 1954 and renewed on 22 December 1955.
Act Penalty Who are liable? ISSUE: Whether equal protection was observed in
the administration of justice?
Participated
Reclusion HELD: Inasmuch as the acts specified in Article 135
or executing Participants
Temporal of the Revised Penal Code constitute one single
commands
crime, it follows necessarily that said acts offer no
Promote, occasion for the application of Article 48, which
Reclusion requires therefore the commission of, at least, two
maintains, Leaders
Perpetua crimes. Hence, the Supreme court has never in the
and heads
past convicted any person of the “complex crime of
rebellion with murder”. What is more, it appears that
COUP D’ETAT
in every one of the cases of rebellion published in the
Philippine Reports the defendants therein were
Act Penalty Who are liable? convicted of simple rebellion, although they had killed
several persons, sometimes peace officers.
Leads,
Reclusion
directs, Leaders The law punishing rebellion (Article 135, Revised
Perpetua
commanded Penal Code) specifically mentions the act of engaging
in war and committing serious violence among its
Person IN essential elements, thus clearly indicating that
gov’t service everything done in the prosecution of said war, as
participates, Prision Mayor a means necessary therefore, is embraced
Participants
execute (maximum) therein.
directons, or
commands In conclusion, under the allegations of the amended
information against Hernandez, the murders, arsons
Person NOT and robberies described therein are mere ingredients
in the gov’t of the crime of rebellion allegedly committed by said
service defendants, as means “necessary” for the
Reclusion
participates, perpetration of said offense of rebellion; that the
Temporal Participants
support, crime charged in the amended information is,
(maximum)
finances, therefore, simple rebellion, not the complex crime of
abets, or rebellion with multiple murder, arsons and robberies.
aids
Last paragraph: UNKNOWN leaders but performed ENRILE v SALAZAR

similar acts shall be the leader of such R/I or coup. G.R. No. 92163
How will you treat the other crimes committed under FACTS: In the afternoon of February 27, 1990,
Senate Minority Floor Leader Juan Ponce Enrile was
Arts. 134?
arrested by law enforcement officers led by Director
● Jurisprudence has it that other crimes with Alfredo Lim of the National Bureau of Investigation on
rebellion the principle of absorption must be the strength of a warrant issued by Hon. Jaime
applied. Salazar of the RTC of Quezon City.
The warrant had issued on an information charges

PEOPLE v HERNANDEZ Senator Enrile, the spouses Rebecco and Erlinda
G.R. No. L-6025-26 Panlilio, and Gregorio Honasan with the crime of
rebellion with murder and multiple frustrated murder
FACTS: Amado V. Hernandez, et. al., were accused allegedly committed during the period of the failed
of the crime of rebellion with multiple murders, coup attempt from November 29 to December 10,
arsons, and robberies. The prosecution maintained 1990.
that Hernandez is charged with rebellion complexed
with murders, arsons, and robberies, for which capital Senator Enrile was taken to and held overnight
punishment may be imposed. The defense contends, without bail, none having been recommended in the
among other things, that rebellion can not be complex information and none fixed in the arrest warrant. The
with murder, arson, or robbery. The lower court following morning, February 28, 1990, he was
sentenced Hernandez merely to life imprisonment. A brought to Camp Tomas Karingal in Quezon City.
petition for bail was filed by Amado Hernandez on 28
December 1953, which was denied by a resolution of
the Supreme Court dated 2 February 1954. A similar
12
However, some professors would argue that yes this
On the same day, Senator Enrile, through counsel,
filed the petition for habeas corpus herein, alleging ordinary crime must be complex with the crime of
that he was deprived of his constitutional rights. rebellion and advancing some arguments, to wit:
1. Under the old law, rebellion is penalized more
ISSUE: Whether the petitioner has committed severely depending on the damages done or
complex crimes (delito compleio) arising from an performed. Under the new law, the penalty has
offense being a necessary means for committing been reduced. Therefore, the purpose of the
another, which is referred to in the second clause of
reduction of the penalty is for these ordinary
Article 48 of the Revised Penal Code.
crimes to be complex with rebellion.
HELD: There is one other reason and a fundamental 2. Under the new law, even if there is no actual
one at that why Article 48 of the Penal Code cannot war so long as there is a public uprising, the
be applied in the case at bar. If murder were not crime of rebellion has already been committed.
complexed with rebellion, and the two crimes were Contrary to the old law, there is a separate
punished separately (assuming that this could be penalty for that, it is heavier when there is
done), the following penalties would be imposable
actual fighting. The effect thereof, the purpose
upon the movant, namely: (1) for the crime of
rebellion, a fine not exceeding P20,000 and prision of the new law in reducing the penalty if for,
mayor, in the corresponding period, depending upon once again, making the ordinary crimes to be
the modifying circumstances present, but never complex with rebellion.
exceeding 12 years of prision mayor, and (2) for the
crime of murder, reclusion temporal in its maximum Rebellion is a continuing crime. One can be
period to death, depending upon the modifying apprehended anytime.
circumstances present. In other words, in the
absence of aggravating circumstances, the extreme
penalty could not be imposed upon him. However, IMPORTANT: Before the crime be complex or absorbed
under Article 48 said penalty would have to be meted by rebellion, it is required that the ordinary crime
out to him, even in the absence of a single committed must be with POLITICAL COLOR or must be
aggravating circumstance. Thus, said provision, if committed in furtherance of rebellion.
construed in conformity with the theory of the
prosecution, would be unfavorable to the movant.
EXAMPLE: If a member of a CPP-NPA went home.
The complaint of petitioner's counsel that he is Then the latter’s mother told him that their neighbor has
charged with a crime that does not exist in the statute acquired debt from her (mother), after all the notices
books, while technically correct so far as the Court made, refused to pay. The son went to the neighbor,
has ruled that rebellion may not be complexed with without any warning, shot the latter. Can it be absorbed
other offenses committed on the occasion thereof, or complex with rebellion?
must therefore be dismissed as a mere flight of ● No. The ordinary crime must be (in fact
rhetoric. Read in the context of Hernandez, the
necessary) with political colors before applying
information does indeed charge the petitioner with a
crime defined and punished by the Revised Penal the absorption or complex of rebellion.
Code: simple rebellion.
Article 136. Conspiracy and proposal to commit
The Court reiterates that based on the doctrine
coup d'etat, rebellion or insurrection. — The
enunciated in People vs. Hernandez, the questioned
conspiracy and proposal to commit coup d'etat shall
information filed against petitioners Juan Ponce
be punished by prision mayor in minimum period and
Enrile and the spouses Rebecco and Erlinda Panlilio
a fine which shall not exceed eight thousand pesos
must be read as charging simple rebellion only,
(P8,000.00).
hence said petitioners are entitled to bail, before
final conviction, as a matter of right.
The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by
Thus, Hernandez remains a binding doctrine operating prision correccional in its maximum period and a fine
to prohibit the complexing of rebellion with any other which shall not exceed five thousand pesos
(P5,000.00) and by prision correccional in its medium
offense committed on the occasion thereof, either as a
period and a fine not exceeding two thousand pesos
means necessary to its commission or as an unintended (P2,000.00). (As amended by R.A. 6968, approved
effect of an activity that constitutes rebellion. October 24, 1990).
NOTE: The case was decided under the old law. The
NOTE: This is an exception to Article 8.
High Court did not revisit the aforementioned case in
light of the 1990 amendment.
Article 137. Disloyalty of public officers or
employees. — The penalty of prision correccional in
its minimum period shall be imposed upon public
13
officers or employees who have failed to resist a NOTE: Rebellion must not yet committed, otherwise, the
rebellion by all the means in their power, or shall act would be rebellion already.
continue to discharge the duties of their offices under
the control of the rebels or shall accept appointment The one who incites, with no intention to commit, what is
to office under them. (Reinstated by E.O. No. 187). his criminal liability?
● A principal by induction.
This article requires the public officers/employees
(POE): Article 139. Sedition; How committed. — The
● to resist rebels; and, crime of sedition is committed by persons who rise
● Continue to discharge the duties. publicly and tumultuously in order to attain by force,
intimidation, or by other means outside of legal
methods, any of the following objects:
I. TO RESIST REBELS
1. To prevent the promulgation or execution of any
The law requires only the POE to resist a rebellion. If he law or the holding of any popular election;
is outnumbered, the act committed will become a
defense. 2. To prevent the National Government, or any
provincial or municipal government or any public
II. CONTINUE TO DISCHARGE officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order;
If he is only the acting as a rubberstamp of the rebels,
that is also punishable. Or accepts appointment. 3. To inflict any act of hate or revenge upon the
person or property of any public officer or employee;
What about the politicians who are running for reelection
who, before they have sworn, they required to pay 4. To commit, for any political or social end, any act of
revolutionary taxes, can they be held criminally liable? hate or revenge against private persons or any social
class; and
● It appears to be so. In so doing, they are not
resisting or even cooperating. 5. To despoil, for any political or social end, any
person, municipality or province, or the National
Government (or the Government of the United
Article 138. Inciting a rebellion or insurrection. — States), of all its property or any part thereof.
penalty of prision mayor in its minimum period sha
imposed upon any person who, without taking arms or bei
open hostility against the Government, shall incite othe Sedition is akin to that of rebellion. In sedition, also
the execution of any of the acts specified in article 134 o requires public uprising. The distinction is the
Code, by means of speeches, proclamations, writ PURPOSE.
emblems, banners or other representations tending to
same end. (Reinstated by E.O. No. 187).
LEAGUE v PEOPLE
73 Phil. 155
Does inciting differ from proposal and conspiracy?
What distinguishes sedition from rebellion is not the
Conspiracy Proposal Inciting extent of territory covered by the uprising but rather
the object at which the uprising aims. The purpose of
2 or more A person who is The person uprising was to obtain the independence of certain
persons come determined to who incites portions of the territory from the government and
to an commit the another is not withdrawing it from the authority of the central
agreement crime and determined to government.
concerning the proposes its commit the
commission of commission to crime of
the crime and another 1 or rebellion (not REBELLION SEDITION
decided to more person/s interested, no
commit it intention) To overthrow the existing It is sufficient that the
[U.P BOC] government. public uprising is
tumultuous.
How is this inciting done? Always political.
● without taking arms or being in open hostility May be political or social.
against the Government, shall incite others to [U.P BOC]
the execution of any of the acts specified in
article 134 of this Code, by means of I. TO PREVENT THE PROMULGATION OR
speeches, proclamations, writings, EXECUTION OF ANY LAW OR THE HOLDING OF
emblems, banners, or other representations ANY POPULAR ELECTION
tending to the same end
14
When during election, people will arm themselves so
that poll clerks are intimidated and will not be able to others to cabal and meet together for unlawful
conduct election. purposes, or which suggest or incite rebellious
conspiracies or riots, or which lead or tend to stir
II. TO PREVENT THE NATIONAL GOVERNMENT, OR up the people against the lawful authorities or to
ANY PROVINCIAL OR MUNICIPAL GOVERNMENT disturb the peace of the community, the safety
OR ANY PUBLIC OFFICER THEREOF FROM FREELY and order of the Government, or who shall
EXERCISING ITS OR HIS FUNCTIONS, OR PREVENT knowingly conceal such evil practices. (Amended
by C.A. No. 264 and R.A. No. 10951)
THE EXECUTION OF ANY ADMINISTRATIVE ORDER
A WA was issued to a member of a pulahan, group of I. SCURRILOUS LIBEL

armed men (bolos) who believe they will not receive any
harm from the amulet they are wearing. That upon the
police is about to arrest the person, other members ESPUELAS v PEOPLE
enranged with the police. What crime did they commit in G.R. No. L-2290
prohibiiting this officer in servicing WA?
● Sedition. Facts: On June 9 and June 24, 1947, both dates
inclusive, in the town of Tagbilaran, Bohol, Oscar
NOTE: Espuelas y Mendoza had his picture taken, making it
● Can single person commit sedition? - NO. The to appear as if he were hanging lifeless at the end of
law requires a public uprising. a piece of rope suspended form the limb of the tree,
when in truth and in fact, he was merely standing on
● The punishment will likewise differ from the a barrel. After securing copies of his photograph,
degree of participation. Espuelas sent copies of same to Free Press, the
Evening News, the Bisayas, Lamdang of general
● There’s no crime of proposal to commit circulation and other local periodicals in the Province
sedition. of Bohol but also throughout the Philippines and
abroad, for their publication with a suicide note or
letter, wherein he made to appear that it was written
Article 140. Penalty for sedition. — The leader of a by a fictitious suicide, Alberto Reveniera and
sedition shall suffer the penalty of prision mayor in its addressed to the latter's supposed wife translation of
minimum period and a fine not exceeding Php which letter or note, stating his dismay and
2,000,000. administration of President Roxas, pointing out the
situation in Central Luzon and Leyte, and directing his
Other persons participating therein shall suffer the wife his dear wife to write to President Truman and
penalty of prision correccional in its maximum period Churchill of US and tell them that in the Philippines
and a fine not exceeding Php 1,000,000. the government is infested with many Hitlers and
Mussolinis.
Issue: Whether the accused is liable of seditious libel

Article 141. Conspiracy to commit sedition. — under Art. 142 of the RPC against the Government of
Persons conspiring to commit the crime of sedition the Philippines?
shall be punished by prision correccional in its
medium period and a fine not exceeding Php Held: Yes. The accused must therefore be found
400,000. guilty as charged. And there being no question as to
the legality of the penalty imposed on him, the
decision will be affirmed with costs.
Article 142. Inciting to sedition. — The penalty of
prision correccional in its maximum period and a fine Analyzed for meaning and weighed in its
not exceeding 400,000 pesos shall be imposed upon consequences, the article written bybthe accused,
any person who, without taking any direct part in the cannot fail to impress thinking persons that it seeks to
crime of sedition, should incite others to the sow the seeds of sedition and strife. The infuriating
accomplishment of any of the acts which language is not a sincere effort to persuade, what
constitute sedition, by means of speeches, with the writer's simulated suicide and false claim to
proclamations, writings, emblems, cartoons, martyrdom and what with is failure to particularize.
banners, or other representations tending to the When the use irritating language centers not on
same end, or upon any person or persons who persuading the readers but on creating disturbances,
shall utter seditious words or speeches, write, the rationable of free speech cannot apply and the
publish, or circulate scurrilous libels against the speaker or writer is removed from the protection of
Government (of the United States or the the constitutional guaranty.
Government of the Commonwealth) of the
Philippines, or any of the duly constituted If it be argued that the article does not discredit the
authorities thereof, or which tend to disturb or entire governmental structure but only President
obstruct any lawful officer in executing the Roxas and his men, the reply is that article 142
functions of his office, or which tend to instigate punishes not only all libels against the Government
but also "libels against any of the duly constituted
15
authorities thereof." The "Roxas people" in the imposed upon any public officer or employee
Government obviously refer of least to the President, who shall, while the Assembly (Congress) is in
his Cabinet and the majority of legislators to whom regular or special session, arrest or search any
the adjectives dirty, Hitlers and Mussolinis were member thereof, except in case such member has
naturally directed. On this score alone the conviction committed a crime punishable under this Code by a
could be upheld. penalty higher than prision mayor.
Regarding the publication, it suggests or incites

rebellious conspiracies or riots and tends to stir Based on the 1987 PH Consti, a public officer who
up people against the constituted authorities, or arrests a member of the Congress who has committed a
to provoke violence from opposition who may crime punishable by prision mayor is NOT liable under
seek to silence the writer. Which is the sum and this article. The parliamentary immunity under this
substance of the offense under consideration. Article is deemed to cover only crimes punishable with a
penalty of 6 years imprisonment or less.
The essence of seditious libel may be said to its
immediate tendency to stir up general discontent to NOTE: “by a penalty higher than prision mayor” should
the pitch of illegal courses; that is to say to induce be read as “by the penalty of prision mayor or
people to resort to illegal methods other than those higher.”
provided by the Constitution, in order to repress the
evils which press upon their minds. Article 146. Illegal assemblies. — The penalty of
prision correccional in its maximum period to prision
As to the other crimes, what will happen to them during mayor in its medium period shall be imposed upon
sedition? the organizers or leaders of any meeting attended
● Common crimes willl be absorbed in R/I and by armed persons for the purpose of committing
Coup so long that it happened in furtherance of any of the crimes punishable under this Code, or
R/I and Coup. In sedition, it cannot be of any meeting in which the audience is incited to
absorbed nor complex. They are separate the commission of the crime of treason, rebellion
crimes. or insurrection, sedition or assault upon a person
in authority or his agents. Persons merely present
at such meeting shall suffer the penalty of arresto
Article 143. Act tending to prevent the meeting of mayor, unless they are armed, in which case the
the Assembly and similar bodies. — The penalty of penalty shall be prision correccional.
prision correccional or a fine ranging from 40,000 to
400,000 pesos, or both, shall be imposed upon any If any person present at the meeting carries an
person who, by force or fraud, prevents the unlicensed firearm, it shall be presumed that the
meeting of Congress or of any of its committees purpose of said meeting, insofar as he is concerned,
or subcommittees, constitutional commissions or is to commit acts punishable under this Code, and he
committees or divisions thereof, or of any shall be considered a leader or organizer of the
provincial board or city or municipal council or meeting within the purview of the preceding
board. (Amended by C.A. No. 264 and R.A. No. 10951) paragraph.
As used in this article, the word "meeting" shall be

Art. 144. Disturbance of proceedings. — The understood to include a gathering or group, whether
penalty of arresto mayor or a fine from 40,000 to in a fixed place or moving.
200,000 pesos shall be imposed upon any person
who disturbs the meetings of the Congress or of any Modes of commission:
of its committees or subcommittees, constitutional A) Meeting attended by armed persons for the
commissions or committees or divisions thereof, or of purpose of committing any of the crimes
any provincial board or city or municipal council or punishable under RPC; and,
board, or in the presence of any such bodies should B) Meeting in which the audience is incited to
behave in such manner as to interrupt its proceedings commission of the crime of treason, rebellion
or to impair the respect due it. or insurrection, sedition, or direct assault.
A. ATTENDED BY ARMED PERSONS

Article 145. Violation of parliamentary immunity.
— The penalty of prision mayor shall be imposed The requisite of armed persons is important. Mere
upon any person who shall use force, intimidation, conspiracy or proposal is not punishable. For example,
threats, or fraud to prevent any member of the a meeting to commit the crime of robbery, then there is
National Assembly (Congress of the Philippines) from an agreement. Should they be criminally liable? - NO,
attending the meetings of the Assembly (Congress) because it is not punishable under RPC. But if it was
or of any of its committees or subcommittees, attended with an armed men, that is no longer
constitutional commissions or committees or divisions conspiracy but illegal assembly.
thereof, from expressing his opinions or casting his
vote; and the penalty of prision correccional shall be A. INCITED
16
The law does not specify that either one of the audience
is armed or attended by armed men. Mere presence is or when the offender lays hands upon a person in
already punishable. Be it noted that, if the intention the authority. If none of these circumstances be present,
meeting is different or if one has no intention, he/she is the penalty of prision correccional in its minimum
not liable. period and a fine not exceeding 100,000 pesos shall
be imposed.
Article 147. Illegal associations. — The penalty of

prision correccional in its minimum and medium Modes of commission:
periods and a fine not exceeding 200,000 pesos A) employ force or intimidation for the attainment
shall be imposed upon the founders, directors, of any of the purpose enumerated in defining
and presidents of associations totally or partially the crimes of rebellion and sedition; and,
organized for the purpose of committing any of B) attack, employ, force, or seriously intimidate or
the crimes punishable under this Code or for resist any person in authority or any of his
some purpose contrary to public morals. Mere agents, while engaged in the performance of
members of said associations shall suffer the penalty official duties, or on occasion of such
of arresto mayor. (Amended by R.A. No. 10951) performance.
Against whom direct assault (D.A) should it be

Actual meeting is not necessary. What is required is that committed?
one must be a member of a group or organization. ● Against public officials and private individuals.
A. EMPLOY FORCE OR INTIMIDATION FOR THE

ILLEGAL ASSEMBLY ILLEGAL ATTAINMENT OF ANY OF THE PURPOSE
ASSOCIATION ENUMERATED IN DEFINING THE CRIMES OF
REBELLION AND SEDITION
As to requirement of Actual Meeting
Committed by private individuals.
Actual meeting is Not necessary
required B. ATTACK, EMPLOY, FORCE, OR SERIOUSLY
INTIMIDATE OR RESIST ANY PERSON IN
As to act punished AUTHORITY OR ANY OF HIS AGENTS, WHILE
ENGAGED IN THE PERFORMANCE OF OFFICIAL
Meeting and attendance Act of forming or DUTIES, OR ON OCCASION OF SUCH
organizing the PERFORMANCE
association
Committed by public officials.
As to person liable
Who are persons in authority (PIA)?
Organizer / leaders and Founders/directors/presi ● Any person directed with vested jurisdiction,
persons present dent and members whether as an individual or as a member of
some court or governmental corporation,
[U.P BOC]
board, or commission, shall be deemed a PIA.
SUBVERSION (R.A. 17007)
Who is an agent of a person in authority (aPIA)?
● One who, by direct provision of law or by
One who associates himself pn becoming a member of
election or by appointment by competent
the Communist Party of the Phiilippines.
authority, is charged with the maintenance of
public order and the protection and security of
Article 148. Direct assaults. — Any person or life and prperty, such as a barrio councilman
persons who, without a public uprising, 1shall and barrio policeman and barangay leader, and
employ force or intimidation for the attainment of any person who comes to the aid of PIA.
any of the purpose enumerated in defining the
crimes of rebellion and sedition, or 2shall attack, Under BP Blg. 8738, any person who come in the aid of
employ force, or seriously intimidate or resist any the PIA becomes an aPIA, even he/she is a private
person in authority or any of his agents, while individual.
engaged in the performance of official duties, or
on occasion of such performance, shall suffer the
BATAS PAMBANSA BLG. 873
penalty of prision correccional in its medium and
June 12, 1985
maximum periods and a fine not exceeding 200,000
pesos, when the assault is committed with a weapon
or when the offender is a public officer or employee,
8
AN ACT AMENDING ARTICLE 152 OF THE REVISED PENAL CODE
7
AN ACT TO OUTLAW THE COMMUNIST PARTY OF THE BY CONSIDERING LAWYERS AS PERSONS IN AUTHORITY WHEN
PHILIPPINES AND SIMILAR ASSOCIATIONS, PENALIZING IN THE PERFORMANCE OF THEIR DUTIES OR ON THE
MEMBERSHIP THEREIN, AND FOR OTHER PURPOSES. OCCASSION THEREOF
17
Section 1. Article 152 of the Revised Penal Code is EXAMPLE 4: What if a chief of police, retired, some
amended as follows: those he apprehended saw him. The person hit the chief
a 2x2 piece of lumber, causing injuries. Is that DA?
"Article 152. Persons in authority and agents of ● In DA, it is required that a person must be PIA.
persons is authority - Who shall be deemed as such. But when he retired, he is no longer PIA. In the
- In applying the provisions of the preceding and case given, it is not DA.
other articles of this Code, any person directly vested
with jurisdiction, whether as an individual or as a Points to ponder.
member of some court or governmental corporation, 1. PIA, in actual performance, the reason of the
board or commission, shall be deemed a person in attack must be the past performance of his
authority. A barrio captain and a barangay chairman action. -DA
shall also be deemed a person in authority. 2. If PIA, not in performance, reason must be
because of the performance of his function so
"Any person who, by direct provision of law or by that DA can be satisfied.
election or by appointment by competent authority, is 3. When relieved or suspended in duty, still a PIA.
charged with the maintenance of public order and the
protection and security of life and property, such as There is no such crime as ASSAULT: must be either
barrio councilman, barrio policeman and barangay DIrect or Indirect Assault.
leader, and any person who comes to the aid of
persons in authority, shall be deemed an agent of a Other crimes may be complex with DA.
person in authority." ● Shot + victim died = Homicide/murder WITH
DA.
"In applying the provisions of Articles 148 and 151 of ● Serious Physical Injury WITH DA.
this Code, teachers, professors, and persons charged ● Attempted Homicide/Murder WITH DA.
with the supervision of public or duly recognized Only crime cannot be complex is SLIGHT PHYSICAL
private schools, colleges and universities, and INJURY, If this is committed, then, it will be absorbed
lawyers in the actual performance of their with DA since it is a necessary effect of DA.
professional duties or on the occasion of such
performance shall be deemed persons in authority." The person who attacked the PIA must have
knowledge.
Section 2. After approval, this amendment shall take
effect thirty (30) days after its publication in the EXAMPLE: A police officer who is off duty, passed by
Official Gazette. San Pedro St., when somebody shouted “Snatcher!” the
police ran and chased the snatcher. The latter punch the
Approved, June 12, 1985. police at the face. The latter was indeed unaware that
the police was a PIA. Can be held criminally liable for
Likewise, teachers are also considered PIA. DA?
● No. Again, if he/she has no knowledge, he
DA in second form, must be comitted of PIA and his cannot be liable for DA.
agent.
If a barangay kagawad was attacked due to his previous
EXAMPLE 1: A judge was walking along San Pedro St. performance, can an accused deny that the former is
bumped into another person. The former uttered, “I am not a PIA, can he use that as a defense?
a judge.” while the latter said,”I don’t care.” then, ● No. Ignorance of the law excuses no one from
punched the former in the face. Is there DA? compliance therewith.
● No, because the judge was not on his actual
function of duty. As to the force executed between aPIA and PIA is
different.
EXAMPLE 2: What about if he was not in his actual ● Against aPIA - must be serious
performance of his function. One of the accused of his ● Against PIA - may not be serious
sala whom he convicted saw him (judge), he punched
the judge. Can that person be held criminally liable for If the resistance is not so serious, merely disobeyed,
DA? only disobedience.
● So long as the attack is due to the previous
performance of the judge, then there is DA. Article 149. Indirect assaults. — The penalty of
prision correccional in its minimum and medium
EXAMPLE 3: If the judge, while having a hearing, one periods and a fine not exceeding 100,000 pesos shall
creditor went to him and punched him due to the be imposed upon any person who shall make use
indebtedness the former acquired. Is there is a direct of force or intimidation upon any person coming
assault? to the aid of the authorities or their agents on
● No matter what the reason of the attack, so occasion of the commission of any of the crimes
long it was made during the performance of his defined in the next preceding article.
function, that is DA. The reason is essential if
the judge is not in the actual performance of
his function.
18
EXAMPLE 1: A police officer, trying to apprehend a The confusion arises, although they amended
snatcher but the latter is bigger than the former. The Art. 152, they did not amend Art. 149. No
latter punched the former in the face. One helped the similar amendment is made in Art. 149.
former, but failed to apprehend the latter. What is the
crime/s committed? Take note that, the amendment of Art. 152 will
● With regard to the attack of the PO, the crime prevail in this matter over that of Art. 149.
is DA. On the person who tried to help the PO,
the crime is iDA. Tehre was a force against a
person coming to aid of the authorities. Article 150. Disobedience to summons issued by
the National Assembly, its committees or
EXAMPLE 2: A teacher, while conducting an exam, saw subcommittees, by the Constitutional
his student cheating. The latter resented the fact and Commissions, its committees, subcommittees or
attacked the former, the former was hit from a punch. divisions. — The penalty of arresto mayor or a fine
Then, another student tried to stop the other, but ranging from forty thousand to two hundred thousand
acquired bruises due to the hard strike from the punch. pesos, or both such fine and imprisonment shall be
What were the crimes committed? imposed upon any person who, having been duly
● Under Art. 152, a teacher was a PIA, thus, the summoned to attend as a witness before the
attack was DA. The same goes to the student Congress, its special or standing committees and
who aid the teacher. Art. 149 still carries “any subcommittees, the Constitutional Commissions and
person coming to the aid of the authorities” its committees, subcommittees, or divisions, or before
which should’ve been true before 1985. An any commission or committee chairman or member
amendment had been introduce to Art. 152, authorized to summon witnesses, refuses, without
BATAS PAMBANSA BLG. 873. Thus, the legal excuse, to obey such summons, or being
crime will be 2 counts of DA. present before any such legislative or constitutional
● Art. 152 will prevail since Art. 149 was not body or official, refuses to be sworn or placed
amended. under affirmation or to answer any legal inquiry
or to produce any books, papers, documents, or
Note: There is no distinction as regard to whether the records in his possession, when required by
accused is a public official nor private individual in the them to do so in the exercise of their functions.
crime of DIRECT or INDIRECT ASSAULT (e.g. gov’t The same penalty shall be imposed upon any person
employee attacking gov’t employee). who shall restrain another from attending as a
witness, or who shall induce disobedience to a
Clarification from Mr. Thomas Alcantara: summon or refusal to be sworn by any such body or
official. (Amended by C.A. No. 52 and R.A. No. 10951)
In the first example, a police man is running into a
snatcher. The crime is iDA. On the second example, The situation here is that there is a summons, for one to
when the teacher was apprehended his student, got hit testify as a witness, but refuse to do so. There’s a
with the latter’s punch then someone helped him but different rule on summons issued by the courts in which
acquired bruises from the same. This one, the one case the/she be held in contempt.
charged the offender is DA for both the teacher and
student. How is it different, Atty?
● The source of confusion actually is you can Art. 151. Resistance and disobedience to a
find it in Article 149. If you will read Art. 149, it person in authority or the agents of such person.
says here that upon any person who shall — The penalty of arresto mayor and a fine not
make use of force or intimidation upon any exceeding 100,000 pesos shall be imposed upon any
person coming to the aid of the authorities person who not being included in the provisions
(PIA) or their agents on occasion of the of the preceding articles shall resist or seriously
commission of any of the crimes defined in the disobey any person in authority, or the agents of
next preceding article. such person, while engaged in the performance
of official duties.
If we read this Article alone, it appears that for
both it must be iDA, as a logical conslusion. When the disobedience to an agent of a person in
That is true. Before the amendment of Art. 152 authority is not of a serious nature, the penalty of
by BP Blg. 873 (1985). Prior to 1985, attack arresto menor or a fine ranging from 2000 to 20,000
against a person who is coming into the aid of pesos shall be imposed upon the offender.
PIA or their agents will constitute iDA.
This article can be read in harmony in DA. The
However, Art. 152 was amended by BP Blg. difference lies:
873. One of the amendments introduce is the ● In DA - resistance is ACTIVE (e.g. when one is
portion stating that any person who comes int to arrested, the latter execute force such as
he air in PIA shall be deemed a aPIA. In effect pushing the PIA or aPIA, or refused to touch
is you come to the aid of PIA, even if one is a the latter, and as a result the PIA or aPIA will
private individual, by virtue of amendment, acquire physical abuses)
become an aPIA. Therefore, it follows that any ● In Art. 151 - resistance is PASSIVE (e.g. when
attack against aPIA, will fall under DA. one is about to be arrested, the latter lie down
so that he/she cannot be carry by the PIA.
19
Thus, a violent refusal of the accused to be
arrested made him liable under par 1 of this persons who are armed or provided with means of
article.) violence.
3
The assault executed against aPIA has to be serious. If The penalty of arresto mayor shall be imposed upon
one pushed or punched the aPIA or his body, the former any person who in any meeting, association, or public
is liable under this article. If the attack is not serious, place, shall make any outcry tending to incite
then it will not fall under this. rebellion or sedition or in such place shall display
placards or emblems which provoke a disturbance of
the public order.
Article 152. Persons in authority and agents of
persons in authority; Who shall be deemed as The penalty of arresto menor and a fine not to exceed
such. — In applying the provisions of the preceding 40,000 pesos shall be imposed upon these persons
and other articles of this Code, any person directly who in violation of the provisions contained in the last
vested with jurisdiction, whether as an individual or as clause of Article 85, shall bury with pomp the body of
a member of some court or governmental a person who has been legally executed.
corporation, board, or commission, shall be deemed
a person in authority. A barangay captain and a
barangay chairman shall also be deemed a person in Note: Art. 131 and 132 may only be committed by public
authority. officers (PO). The acts in Art. 153 are committed by
PRIVATE INDIVIDUALS.
A person who, by direct provision of law or by
election or by appointment by competent authority, is TUMULTUOUS - The disturbance or interruption shall
charged with the maintenance of public order and be deemed to be tumultuous if caused by MORE THAN
the protection and security of life and property, THREE persons who are ARMED (e.g. stones, sticks or
such as a barrio councilman, barrio policeman and etc.) or provided with means of violence. [REYES, Book
2]
barangay leader and any person who comes to the
aid of persons in authority, shall be deemed an
OUTCRY - to shout subversive or provocative words
agent of a person in authority.
tending to stir up the people to obtain by means of force
or violence any of the objects of rebellion or sedition.
In applying the provisions of Articles 148 and 151 of [REYES, Book 2]
this Code, teachers, professors and persons
charged with the supervision of public or duly
recognized private schools, colleges and Inciting to Sedition or Paragraph 3 of Art. 153
universities, and lawyers in the actual Rebellion
performance of their professional duties or on the
occasion of such performance, shall be deemed Manner of commission
persons in authority. (Amended by BP Blg. 873)
May be done through Done only through speech
speech or writing (outcry)
If somebody committed a crime, then surrendered to the
professor. Will that be enough to constitute a voluntary As to intent
surrender (VS) as mitigating cirsumstance (MC)?
● No. They are only considered as PIA in With intent to induce the More of unconsious outburst
appliation of the commission of DA and/or iDA. hearers or readers to which is not intentionally
Only limited to 148 and 151. commit the crime of calculated to induce others
rebellion or sedition to commit such crimes
Article 153. Tumults and other disturbance of Nature of speeches involved

public orders; Tumultuous disturbance or
interruption liable to cause disturbance. — The Both acts are either rebellious or seditious
penalty of arresto mayor in its medium period to
[U.P BOC]
prision correccional in its minimum period and a fine
not exceeding 200,000 pesos shall be imposed
In proposal to commit rebellion, the person who propose
upon any person who shall cause any serious
is determine to commit the crim itself. In inciting, has no
disturbance in a public place, office, or
intenttion. He just want others to commit it. But the
establishment, or shall interrupt or disturb public
incitement was done with intention to commit the crime
performances, functions or gatherings, or
of R/S. In tumults, the person who shouted, did so
peaceful meetings, if the act is not included in the
without the intention to incite others, an outburst. Thus,
provisions of Articles 131 and 132.
1 will fall under Art. 153.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or interruption
of a tumultuous character. Article 154. Unlawful use of means of publication
and unlawful utterances. — The penalty of arresto
2
The disturbance or interruption shall be deemed to mayor and a fine ranging from 40,000 to 200,000
be tumultuous if caused by more than three (3) pesos shall be imposed upon:
20
1. Any person who by means of printing, lithography, 3. Any person who, while wandering about at night
or any other means of publication shall publish or or while engaged in any other nocturnal
cause to be published as news any false news amusements, shall disturb the public peace; or
which may endanger the public order, or cause
damage to the interest or credit of the State; 4. Any person who, while intoxicated or otherwise,
shall cause any disturbance or scandal in public
2. Any person who by the same means, or by words, places, provided that the circumstances of the case
utterances or speeches shall encourage shall not make the provisions of Article 153
disobedience to the law or to the constituted applicable. (Amended by R.A. No. 10951)
authorities or praise, justify, or extol any act
punished by law;
I. FIRECRACKERS
3. Any person who shall maliciously publish or
cause to be published any official resolution or General Rule: not applicable
document without proper authority, or before they XPN: when there is an alarm occur or calculated to
have been published officially; or cause alarm or danger
4. Any person who shall print, publish, or EXAMPLE: If one discharge a firecracker at midnight,
distribute or cause to be printed, published, or during a month of February, when no one expects that
distributed books, pamphlets, periodicals, or someone will lit the same, which tend to cause alarm to
leaflets which do not bear the real printer's name, or the people, thinking they were attacked by the armed
which are classified as anonymous. (Amended by C.A. men. The act is punishable under this Article.
No. 202 and R.A. No. 10951)
Illegal discharge (Art. 254) v Alarms and scandals (Art.
155)
I. FALSE NEWS ● In the latter, the gun is pointed in any direction
other than the direction of a person. The
Prohibits fake news which tends to endanger the public former, gun is pointed at the general direction
order, or cause damage to the interest or credit of the of the person without any intent to kill.
State.
II. CHARIVARI
It is not necessary that the publication of the false news
actually caused public disorder or caused damage to This includes a medley of discordant voices, a mock
the interest or credit of the State. The mere possibility of serenade of discordant noices made on kettles, tins,
causing such danger or damage is sufficient. Thus, if horns, etc., designed to annoy and insult. [REYES, Book
there is no possibility of danger to the public order, 2]
Article 154 is not applicable. [REYES, Book 2]
III. WANDERING AT NIGHT
II. PRAISE, JUSTIFY, OR EXTOL
The same with preceding paragraph but during at night.
One, who utter words in public in the use of marijuana,
encouraging others to use it, instructing to disobey the IV. INTOXICATED
government, is different than those who argue its
benefits. “Naga-maoy kung mahubog.”
III. MALICIOUSLY PUBLISH OR CAUSE TO BE

PUBLISHED Article 156. Delivery of prisoners from jails. —
The penalty of arresto mayor in its maximum period
For example, publishing unfinished resolutions and of prision correccional in its minimum period shall be
decisions of the Supreme Court. imposed upon any person who shall remove from
any jail or penal establishment any person
confined therein or shall help the escape of such
Article 155. Alarms and scandals. — The penalty of person, by means of violence, intimidation, or
arresto menor or a fine not exceeding 40,000 pesos bribery. If other means are used, the penalty of
shall be imposed upon: arresto mayor shall be imposed.
1. Any person who within any town or public place, If the escape of the prisoner shall take place outside
shall discharge any firearm, rocket, firecracker, or of said establishments by taking the guards by
other explosives calculated to cause alarm or surprise, the same penalties shall be imposed in their
danger; minimum period.
2. Any person who shall instigate or take an active

part in any charivari or other disorderly meeting EXAMPLE: One who make use the appearance of
offensive to another or prejudicial to public another or took advantage of the looks (by way of
tranquility; trickery), he/she is liable under Art. 156, lower penalty.
21
EXAMPLE: If the prisoner if not inside the jail, his friend
represented himself as doctor and administered the penal institution, the penalty shall be prision
former’s escape also liable under this Article. correccional in its maximum period.
Is it necessary that he is convicted with final judgment? What’s important here is the offender is a CONVICT BY
-NO. FINAL JUDGMENT. However, if he is a detainee, he
cannot commit this crime.
Who may commit this crime?
● Public officers may commit this. But in the case What about those who are penalized by destierro?
of jail guard if he is not on-duty. ● Affirmative, they can also be liable under this
article. Inasmuch as the RPC was originally
What is the criminal liability of one who escape? approved and enacted in Spanish, the Spanish
● He is liable of evasion of sentence. But the text governs and prevails9. [REYES, Book 2]
said crime only commited if one has been
convicted by final judgment. However, in
contrast, if he is not convicted yet, evasion of Article 158. Evasion of service of sentence on the
sentence cannot be applied. occasion of disorder, conflagrations,
earthquakes, or other calamities. — A convict who
However, if there is conspiracy, a clear showing shall evade the service of his sentence, by leaving
of conspiracy, despite not convicted by final the penal institution where he shall have been
judgment, the prisoner may be liable under the confined, on the occasion of disorder resulting from a
crime of delivery prisoners from jail by conflagration, earthquake, explosion, or similar
conspiracy. catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of
NOTE: Take note on the crime committed by the the time still remaining to be served under the
prisoner. If the crime is either of Treason, R/I, Sedition, original sentence, which in no case shall exceed
Murder, or Homicide, the person who assist his escape six months, if he shall fail to give himself up to the
may not be liable under this article but may be authorities within forty-eight hours following the
considered as an accessory to the crime. issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.
Who are accessory of the crime?
Convicts who, under the circumstances mentioned in
ARTICLE 19. Accessories. — Accessories are those the preceding paragraph, shall give themselves up to
who, having knowledge of the commission of the crime, the authorities within the above mentioned period of
and without having participated therein, either as 48 hours, shall be entitled to the deduction provided
principals or accomplices, take part subsequent to its in Article 98
commission in any of the following manners:
If they return after the cessation of calamity - reduction
1. By profiting themselves or assisting the offender to of one-fifth of their original penalty.
profit by the effects of the crime.
Original Penalty: 10 yrs (served 5 years) - one fifth
2. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its However, under the old law, required the prisoner to
discovery. escape so that they can benefit to Art. 98. They cannot
be considered as loyal if one did not leave then return.
3. By harboring, concealing, or assisting in the escape But with the amendment, those who stayed but never
of the principal of the crime, provided the accessory acts left, two-fifth.
with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, However, left but did not return, additional penalty of
murder, or an attempt to take the life of the Chief one-fifth.
Executive, or is known to be habitually guilty of some
other crime.
Return after Stayed Left but did
cessation not return
Article 157. Evasion of service of sentence. — The
penalty of prision correccional in its medium and Reduction of Reduction of Additional
maximum periods shall be imposed upon any one-fifth of their two-fifth penalty of
convict who shall evade service of his sentence original penalty (pursuant to the one-fifth (the
by escaping during the term of his imprisonment amendment) remaining
by reason of final judgment. However, if such period of the
evasion or escape shall have taken place by means sentence)
of unlawful entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using picklocks, false
keys, deceit, violence or intimidation, or through
connivance with other convicts or employees of the 9
The Spanish text of Art. 157 used “privacion de libertad” which means
deprivation of liberty. Hence, the word “imprisonment” as being used in
the English text is a wrong or erroneous translation. [REYES, Book 2]
22
Article 159. Other cases of evasion of service of EXAMPLE 3: If convicted with homicide by FJ, serving
sentence. — The penalty of prision correccional in its his sentence. While inside the jail, caught in possession
minimum period shall be imposed upon the convict of marijuana, is he a Q-R?
who, having been granted conditional pardon by ● No, the second crime must be a felony.
the Chief Executive, shall violate any of the Possession of marijuana belongs under special
conditions of such pardon. However, if the penalty penal law.
remitted by the granting of such pardon be higher
than six years, the convict shall then suffer the Take note that the SECOND CRIME or NEW CRIME
unexpired portion of his original sentence. or the SUBSEQUENT CRIME must be a FELONY.
CONDITIONAL PARDON Title 4: CRIMES AGAINST PUBLIC INTEREST

Arts. 161-189)
It is a contract between the Chief Executive, who grants
the pardon, and the convict, who accepts it. It is bound
to fulfill its conditions ans accept all its consequences,
not as he chooses, but according to its strict terms. Article 161. Counterfeiting the great seal of the
[REYES, Book 2] Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive. — The
penalty of reclusion temporal shall be imposed upon
Article 160. Commission of another crime during any person who shall forge the Great Seal of the
service of penalty imposed for another offense; Government of the Philippine Islands or the signature
Penalty. — Besides the provisions of Rule 5 of Article or stamp of the Chief Executive.
62, any person who shall commit a felony after
having been convicted by final judgment, before
beginning to serve such sentence, or while serving Exception to the principle of territoriality. If crime was
the same, shall be punished by the maximum period committed outisde the country, the PH criminal law will
of the penalty prescribed by law for the new felony. still apply.
Any convict of the class referred to in this article, who The copying of the Great Seal is prohibted under Art.
is not a habitual criminal, shall be pardoned at the 161.
age of seventy years if he shall have already served
out his original sentence, or when he shall complete it Article 162. Using forged signature or counterfeit
after reaching the said age, unless by reason of his seal or stamp. — The penalty of prision mayor shall
conduct or other circumstances he shall not be be imposed upon any person who shall knowingly
worthy of such clemency. make use of the counterfeit seal or forged signature
or stamp mentioned in the preceding article.
QUASI-RECIDIVISM (Q-R)
If one use the forged signature, that is a separate crime.
It is a special aggravating circumstance where a person, Also included is the copying of the signature of the Chief
after having been convicted by final judgment, shall Executive.
commit a new felony before beginning to serve such
sentence, or while serving the same. He shall be
punished by the maximum period of the penalty Article 163. Making and importing and uttering
prescribed by law for the new felony. false coins. — Any person who makes, imports, or
utters, false coins, in connivance with counterfeiters,
Take note that the SECOND CRIME must be a felony. or importers, shall suffer:
EXAMPLE 1: If one is convicted for attempted 1. Prision mayor in its minimum and medium periods
homicide, posted a bail, he will not be automaticlaly and a fine not to exceed 400,000 pesos, if the
brought to jail pursuant to 15-day appeal. However, if he counterfeited coin be any of the coinage of the
was not surrendered to the authorities. While outisde, Philippines.
he committed theft (felony). Is he considered as Q-R?
● No. The second crime must be subsequently 2. Prision correccional in its minimum period and a
commited after final judgment before beginning fine not to exceed 200,000 pesos, if the counterfeited
to serve such sentence. The “or” means after coin be currency of a foreign country. (As amended
final judgment before serving his sentence. by R.A. No. 10951, approved August 29, 2017)
Thus, it must be Final judgment (FJ) AND
when about to serve his sentence or after final Copying with an intention of using it. The basis of the
judgment, he is already serving his sentence penalty is the value of the coins that were forged. If the
inside the institution. value is lower, the penalty is lower.
EXAMPLE 2: Convicted with FJ violation of
Comprehensive Illegal Drugs. Then, committed serious Penalty and fine Monetary value
physical injuries. Is he a Q-R?
● Yes, because the second crime is a felony.
23
Prision mayor in its Any of the coinage of the reflect on the discipline of our people and create a
minimum and medium PH bad image for our country;
periods and a fine not to
exceed P400,000 NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
Prision correccional in its Be currency of a foreign vested in me by the Constitution as
minimum period and a country Commander-in-Chief of all the Armed Forces of the
fine of not to exceed Philippines and pursuant to Proclamation No. 1081
P200,000 dated September 21, 1972, Proclamation No. 1104
dated January 17, 1973, and General Order No. 1
dated September 22, 1972, and in order to effect the
How about those coinage which pulled out from the desired changes and reforms in the social, economic
circulation being forged, is it still punishable? and political structure of our society, do hereby order
● Yes. If one is allowed to copy the coins which and decree:
were no longer in the circulation, then, one
might be able to hone his skills. 1. That it shall be unlawful for any person to willfully
deface, mutilate, tear, burn or destroy, in any manner
Article 164. Mutilation of coins; Importation and whatsoever, currency notes and coins issued by the
utterance of mutilated coins. — The penalty of Central Bank of the Philippines; and
not to exceed 400,000 pesos shall be imposed upon 2. That any person who shall violate this Decree
any person who shall mutilate coins of the legal shall, upon conviction, be punished by a fine of not
currency of the Philippines or import or utter mutilated more than twenty thousand pesos and/or by
current coins, or in connivance with mutilators or imprisonment of not more than five years.
importers. (As amended by R.A. No. 10951, approved
August 29, 2017)
Article 165. Selling of false or mutilated coin,
Mutilation is to take off part of the metal either by filing without connivance. — The person who knowingly,
although without the connivance mentioned in the
it or substituting it for another metal of inferior quality, to
preceding articles, shall possess false or mutilated
diminish by ingenious means the metal in the coin. coin with intent to utter the same, or shall actually
utter such coin, shall suffer a penalty lower by one
What about on the boring of holes in a coin or writing on degree than that prescribed in said articles.
a bank note or outrightly burning them, what crime is it?
● Violation of PD 24710. One who only receive forged or mutilated coins. Despite
the fact of the appearance of the said coins or bank
PRESIDENTIAL DECREE NO. 247 notes, one still utter or possessing with an intention of
uttering it. Uttering means pass it into the circulation,
WHEREAS, the Central Bank has the sole right and making it an authentic one. However, we have a
authority to issue currency within the territory of the presumption that if one who use the false coin, he also
Philippines under its issue power, and pursuant to the one who forge or mutilate it.
Section 54 of Republic Act No. 265, otherwise known
as the "Central Bank Act," as amended, by
Presidential Decree No. 72 dated November 29, Will the possession of the forged coins a separate
1972, the notes and coins issued by the Central Bank crime?
shall be fully guaranteed by the Government of the ● No.
Republic of the Philippines and shall be legal tender
in the Philippines for all debts, both public and
private; Article 166. Forging treasury or bank notes on
other documents payable to bearer; importing,
WHEREAS, Central Bank notes and coins are issued and uttering such false or forged notes and
for circulation as medium of exchange and to utilize documents. — The forging or falsification of treasury
them for other purposes does not speak well of the or bank notes or certificates or other obligations and
due respect and dignity befitting our currency; and securities payable to bearer and the importation and
uttering in connivance with forgers or importers of
WHEREAS, defacing, mutilating, tearing, or partially such false or forged obligations or notes, shall be
burning or destroying our currency by any means punished as follows:
renders it unfit for circulation, thereby unduly
shortening its lifetime, and such acts unfavorably 1. By reclusion temporal in its minimum period and a
fine not to exceed 2,000,000 million pesos, if the
document which has been falsified, counterfeited,
or altered, is an obligations or security of the
10
PROHIBITING AND PENALIZING DEFACEMENT, MUTILATION, Philippines.
TEARING, BURNING OR DESTRUCTION OF CENTRAL BANK
NOTES AND COINS.
24
Article 168. Illegal possession and use of false
The word "obligation or security of the Philippines" treasury or bank notes and other instruments of
shall be held to mean all bonds, certificates of credit. — Unless the act be one of those coming
indebtedness, national bank notes, fractional under the provisions of any of the preceding articles,
notes, certificates of deposit, bills, checks, or any person who shall knowingly use or have in his
drafts for money, drawn by or upon authorized possession, with intent to use any of the false or
officers of the Philippines, and other representatives falsified instruments referred to in this section,
of value, of whatever denomination, which have been shall suffer the penalty next lower in degree than that
or may be issued under any act of Congress. prescribed in said articles.
2. By prision mayor in its maximum period and a fine

not to exceed 1,000,000 million pesos, if the falsified Article 169. How forgery is committed. — The
or altered document is a circulating note issued forgery referred to in this section may be committed
by any banking association duly authorized by law by any of the following means:
to issue the same.
1. By giving to a treasury or bank note or any
3. By prision mayor in its medium period and a fine instrument, payable to bearer or order mentioned
not to exceed 1,000,000 million pesos, if the falsified therein, the appearance of a true genuine document.
or counterfeited document was issued by a
foreign government. 2. By erasing, substituting, counterfeiting or
altering by any means the figures, letters, words or
4. By prision mayor in its minimum period and a fine signs contained therein.
not to exceed 400,000 pesos, when the forged or
altered document is a circulating note or bill
issued by a foreign bank duly authorized therefor. If one change the value of the bond, then that is forgery.
(As amended by R.A. No. 10951, approved August 29,
2017)
One wanted to make a copy of 20 peso bill, he did apply
some chemicals to it and pressed it on a paper. He did
The basis of the penalty makes no distinction as to the the same on the other side and cut the copy. Will that be
value of the notes. Depends on the nature of the notes. tantamount to forgery?
● The process that he made, it will not fall under
INSTRUMENTS PAYABLE TO BEARER forgery because the appearance of true identity
is different. That could be attempted forgery.
What is being penalized here is the forging, importing,
and uttering. Obligations payable to bearer includes
Article 170. Falsification of legislative documents.
lottery tickets. When we say forging of bank notes, it its
— The penalty of prision correccional in its maximum
essential that it must have an appearance of true and period and a fine not exceeding 1,200,000 pesos
genuine document. shall be imposed upon any person who, without
proper authority therefor alters any bill,
resolution, or ordinance enacted or approved or
Article 167. Counterfeiting, importing and uttering pending approval by either House of Congress or
instruments not payable to bearer. — Any person any provincial board or municipal council. (As
who shall forge, import or utter, in connivance amended by R.A. No. 10951, approved August 29, 2017)
with the forgers or importers, any instrument
payable to order or other document of credit not
payable to bearer, shall suffer the penalties of
prision correccional in its medium and maximum Article 171. Falsification by public officer,
periods and a fine not exceeding 1,200,000 million employee or notary or ecclesiastic minister. —
pesos. (As amended by R.A. No. 10951, approved August The penalty of prision mayor and a fine not to exceed
29, 2017) 1,000,000 million pesos shall be imposed upon any
public officer, employee, or notary who, taking
advantage of his official position, shall falsify a
Only payable to a specific person. One who not own the document by committing any of the following acts:
treasury bills but he used it, punishable in the next
article. 1. Counterfeiting or imitating any handwriting,
signature or rubric;
2. Causing it to appear that persons have

participated in any act or proceeding when they did
not in fact so participate;
3. Attributing to persons who have participated in
25
an act or proceeding statements other than those
in fact made by them; II. CAUSING TO APPEAR THAT PERONS HAVE
PARTICIPATED
4. Making untruthful statements in a narration of
facts; In an acknowledgement receipt, when one made it
appear that the person acknowledged a certain amount
5. Altering true dates; of money or property and has an obligation to return.
6. Making any alteration or intercalation in a
genuine document which changes its meaning; III. ATTRIBUTING TO PERSONS
7. Issuing in an authenticated form a document In a Special Power of Atty, the authority mention therein
purporting to be a copy of an original document only includes the processing of the transfer and the
when no such original exists, or including in such a management of the property can collect the rental fees
copy a statement contrary to, or different from, that of of the same. However, if one added a paragraph (e.g.
the genuine original; or
stating that to sell the real property to any person and to
8. Intercalating any instrument or note relative to sign Deed of Sale on behalf of the owner) is no longer
the issuance thereof in a protocol, registry, or included in the original signed document, in so doing
official book. that person committed a falsification of a public
document.
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any of the IV. MAKING UNTRUTHFUL STATEMENTS IN A
offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document of NARRATION OF FACTS
such character that its falsification may affect the civil
status of persons. It must not be a conclusion of law.
EXAMPLE 1: One who is applying in a position in govt

I. COUNTERFEITING OR IMITATING HANDWRITING
was made to ask if he/she is qualified in that position,
the latter said “yes”. But it turns out that he/she is not
For an instance in a public document, a claim of
qualified because of an absence of CSC Eligibility. Is
support, the purported father of the child did not sign the
that in violation of Art. 171?
birth certificate of the child, which was the reason why
● No, that is a conclusion of law. In determining
the child did not carry the surname of his father. One
as to whether he/she is qualified on that certain
who claim of support, has a friend in a local civil
position, is dependent to the statement of facts
registrar (LCR), forced and imitate the signature of
provided. The latter just concluded that he/she
child’s father. That is falsification under Art. 171 because
is qualified.
of the following requisites, to wit:
● Birth certificate is a public document; and,
EXAMPLE 2: If the applicant answered in an affirmative
● Committed by a public employee which is the
to a question, “Do you have a CSC Eligibility?” but later
employee of the LCR.
turns out that there’s an absence of such eligibility,
he/she is criminally liable under Art. 171 for making
The only time that an ecclesiastic minister (pastors,
untrithful statements in a narration of facts.
priests) may commit this crime is when the falsification
could affect the civil status of a person. A priest who
NOTA BENE: Not all false facts will give rise to the
signed a marriage certificate, stating that he solemnized
untruthful statements in a narration of facts, even if the
the marriage when contrary only the bride went to the
narration of facts are absolutely false. If there is no
ceremony is criminally liable under Article 171.
obligation under the law for one to divulge on the set of
facts, then there is no criminal liability.
Note: One must TAKE ADVANTAGE OF HIS OFFICIAL
POSITION.
EXAMPLE 3: A certain law student courted a beautiful
woman. The latter said that she wants to get married to
DOCUMENT - any written statement by which a right is
a lawyer. The former claim that he is a lawyer, however,
establish or extinguish an obligation (check, Deed of
the latter did not believe in the former’s statement. The
Sale, Deed of Donation, an affidavit may be if states that
law student then went to a lawyer, executed an affidavit
he acknowledge that one is obligated of a certain
stating the following:
amount). Not all written instruments are considered as
document. A document may not be required that the
“I, JUAN DELA CRUZ, a resident of Colombia, the son
same must be on a paper so long there is a written
of xxx do hereby swear under oath the following:
statement.
26
● That I am a lawyer; concerns public docs, 172 there is also a falsification on
● That I took the Bar Examination in 2015; and, private documents.
● That I admitted to the Bar on 2016.”
Article 172. Falsification by private individual and
The law student signed it and give it to her. Is that in use of falsified documents. — The penalty of
violation under Art 171? prision correccional in its medium and maximum
● No, because there is no law requiring anyone periods and a fine of not more than 1,000,000 pesos
to execute an affidavit whenever one will court shall be imposed upon:
the other just to prove his/her identity.
1. Any private individual who shall commit any of
the falsifications enumerated in the next preceding
NOTA BENE: Not all untruthful statement of facts gives
article in any public or official document or letter of
rise to the the falsification if the untruthful statement of exchange or any other kind of commercial document;
facts has a correlable truthfulness to it. and
EXAMPLE 4: One who was absent in the morning 2. Any person who, to the damage of a third party, or
made it appear that in his DTR that he is absent in the with the intent to cause such damage, shall in any
afternoon and present in the morning, when in truth it private document commit any of the acts of
falsification enumerated in the next preceding
runs the contrary. Will that constitute falsification?
article.
● No, because there is a collorable truthfulness
in his/her statement. Therefore, in order to fall Any person who shall knowingly introduce in
in No. 4, there must be an absolute falsity on evidence in any judicial proceeding or to the damage
what the person is ascertain. of another or who, with the intent to cause such
damage, shall use any of the false documents
V. ALTERING TRUE DATES embraced in the next preceding article, or in any of
the foregoing subdivisions of this article, shall be
punished by the penalty next lower in degree. (As
In checks, one forgot to deposit it and as a result it amended by R.A. No. 10951, approved August 29, 2017)
became stale, he changed the date of the check so that
he can still deposit the money therein.
FOUR DOCUMENTS MENTIONED IN ART. 172
● Public Document (Certificates of Title, Birth
VI. ALTERATION OR INTERCALATION
Cert, Marriage Cert, Tax Returns)
● Private Document
For example, the value of the check. One who alter the
● Official Document
1,000 value and making it 1,000,000. Intercalation
● Commercial Document (Checks, receipts,
means ‘to insert something between an existing value’.
customer’s oders to stockholders, journals)
VII. ISSUING IN AN AUTHENTICATED FORM
NOTA BENE: If a Public Doc is falsify, mere perversion
of truth is already punishable. It is not required that it
One who is working in the Registry of Deeds, issued a
would damage another person.
certified true copy of a certain title, where he will claim a
just compensation is violative under this article.
EXAMPLE 1: If one falsify a DoS, copied the signature
and then notarized, at that point he is committing a
The same with lawyers that they must keep two (2)
felony. Or one misrepresented himself, stating that the
notarized copies of the documents: 1 for personal/office
property is for sale to other person. He forged the
copy and 1 for court copy. The reason for this is when
signature, making it appear that the property was sold
the client lost the notarized copy, the latter may ask for a
by the owner to the other person. The point where one
certified copy from the notary public or the archive.
who falsify, receive the money from the buyer and
appropriated it, is there another crime committed?
NOTA BENE: If the acts mentioned in this article were
● Yes, that is estafa through falsification of public
done by a private individual, the crime falls under Article
document. From the moment he receive the
172.
money and appropriated it, there is deceit. But
since, one cannot commit estafa without the
PUBLIC OFFICER - ART. 171; PRIVATE INDI - ART.
falsification of a public document, we must
172
apply Article 48 (complex crime). Therefore,
there is a complex crime of estafa through
Essentially the two articles are the same. The difference
falsification of a public document.
lies on the one who commit the crime. Further, Art. 171
27
But not all falsification of a public document which EXAMPLE 3: supervisor of a sugar cane plantation, he
involves money always gives rise to a complex crime. made it appear in the logbook that a certain worker work
for the entire 15-days (Jan 1-15), the truth however, the
EXAMPLE 2: An agent of a certain appliance, his task worker did not work from Jan 1-5. Since the supervisor
is to collect the monthly amortization. He went to the made it appear that day, the worker was able to collect
house of the borrower of the credit, with 3,500 monthly the 15-day wage. The supervisor pocketed the 5-day
amortization. The former issued a official receipt. On his portion. What crime did the supervisor commit?
way home, he passed by some people who were ● Since there is a damage, that is falsification of
playing hantak. He put his bet on it but subsequently private document.
lose the game with a total amount of 1,500. He then
remitted the amount to the management and made it EXAMPLE 4: If he was given the budget of 50,000
appear, by intercalating, on the duplicate and triplicate pesos but he has to return the amount not paid to the
copies thereof, making the amount 2,000 pesos. What workers for the absences. One worker was absent for 5
crime/s did he commit? Would that still be a complex days, the supervisor paid the worker and pocketed the
crime? rest. When it’s time to disburse, he made it appear that
● No. The reason is that, before it can be the worker is working on the given days. What is the
considered as a complex crime, one crime crime committed?
must be essential to commit the other11. The ● Estafa. The falsification is not necessary for
intercalation of the receipt is not necessary to him to commit the crime.
commit estafa. The falsification of the
document was only made to cover the crime he NOTA BENE: The document falsify is a public doc and
already committed. In return, he may be liable was use to commit another crime, there is a complex
for estafa for misapropriation and a separate crime. However, in the cae of private document, one
crime of falsification of a public document. cannot complex the falsification with the crime of estafa.
Compare Example 2 from Example 1, could he possibly Why? Because the requisite of damage to other person
receive the amount without falsifying/forging the which is the requisite in estafa is also the requisite of the
signature? crime of falsification of private document. Ergo, you
● Negative, because the buyer will not give his cannot use two (2) the same requisites in two crimes.
money if without the falsified document. But once again in falsification of private document, the
Therefore, the forging of signature is essential falsification must be able the offender to cause damage
to commit estafa. to another person.
Private documents are treated differently.

Article 173. Falsification of wireless, cable,
telegraph and telephone messages, and use of
Paragraph 2, Art. 172 states that: “Any person who, to said falsified messages. — The penalty of prision
the damage of a third party, or with the intent to cause correccional in its medium and maximum periods
such damage, shall in any private document commit any shall be imposed upon officer or employee of the
of the acts of falsification enumerated in the next Government or of any private corporation or
preceding article.” concern engaged in the service of sending or
receiving wireless, cable or telephone message
who utters a fictitious wireless, telegraph or
Here, there is an element of DAMAGE. In contrary to telephone message of any system or falsifies the
the public document where mere perversion of truth is same.
already punishable on falsification.
Any person who shall use such falsified dispatch to
the prejudice of a third party or with the intent of
PUBLIC DOCUMENT PRIVATE DOCUMENT cause such prejudice, shall suffer the penalty next
Art. 171 Art. 172, par 2 lower in degree.
Mere perversion of truth Mere falsification is not

is already sufficient, an element of Article 174. False medical certificates, false
punishable/already damage should be certificates of merits or service, etc. — The
present penalties of arresto mayor in its maximum period to
constitute falsification
not to exceed 200,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection,

11
ARTICLE 48. Penalty for Complex Crimes. — When a single act with the practice of his profession, shall issue a false
constitutes two or more crimes, or when an offense is a necessary certificate; and
means for committing the other, the penalty for the most serious crime
shall be imposed, the same to be applied in its maximum period.
28
position, shall perform any act pertaining to any
2. Any public officer who shall issue a false person in authority or public officer of the
certificate of merit of service, good conduct or similar Philippine Government or any foreign government, or
circumstances. any agency thereof, without being lawfully entitled to
do so, shall suffer the penalty of prision correccional
The penalty of arresto mayor shall be imposed upon in its minimum and medium periods. (Restored by E.O.
any private person who shall falsify a certificate falling 187, March 21, 2003)
within the classes mentioned in the two preceding
subdivisions. (As amended by R.A. No. 10951, approved
August 29, 2017) Forms:
1. knowingly and falsely represent himself to be
an officer, agent or representative of any
Article 175. Using false certificates. — The penalty department or agency xxx or of any foreign
of arresto menor shall be imposed upon any one gov’t; and,
who shall knowingly use any of the false 2. under pretense of official position, shall perform
certificates mentioned in the next preceding article. any act pertaining to any person in authority or
public officer xxx or of any foreign govt xxx
without being lawfully entitled to do so.
If you are in the possession of the falsified document the
presumption is that you’re the one who falsify the same. I. KNOWINGLY AND FALSELY
Thus, the prosecution need not to present evidence.
EXAMPLE 1: In a case where a retired member of fire
The burden of proof falls under the accused whether he department, checking the establishments and
falsify the documents or not. conducting inspection. He was apprehended and
prosecuted under Art. 177. If there were the acts
When one falsifies a document, it must be a document. performed, definitely falls under this article.
Now, if one has in his possession or manufactured the
blank checks issued by the banks, is that falsification of EXAMPLE 2: One who acts like a member of the traffic
enforcer of the LTO is also liable under this article.
public documents?
● Those checks are not yet a document, since it It is not required that one must introduce himself. The
is not capable of creating or extinguishing mere act of performing the task, believing that he is a
obligations yet. Only the time one will fill it up, it member of such gov’t office, it is undoubtedly that he is
will become a document. So long it is blank, from the said office, hence, liable under this article.
that is not document. However, the crime will
fall under Art. 176. II. UNDER PRETENSE
Can a public officer commit this crime?

Article 176. Manufacturing and possession of ● Yes. If they perform the function of the office for
instruments or implements for falsification. — which the latter did not occupy.
The penalty of prision correccional in its medium and
maximum periods and a fine not to exceed 1,000,000 PEOPLE v HILVANO
pesos shall be imposed upon any person who G.R. No. L-8583
shall make or introduce into the Philippine
Islands any stamps, dies, marks, or other Facts: When Mayor Villareal of Samar departed for
instruments or implements intended to be used in Manila on official business early in the morning of
the commission of the offenses of counterfeiting September 22, 1952, he designated Hilvano,
or falsification mentioned in the preceding sections councilor, to discharge the duties of his office. Later,
of this Chapter. during office hours on that same day, Vice-Mayor
Latorre went to the municipal building; and having
Any person who, with the intention of using them, found Hilvano acting in the place of the Mayor, he
shall have in his possession any of the instruments or served written notices to the corresponding municipal
implements mentioned in the preceding paragraphs, officers, including Hilvano, that he (Latorre) as
shall suffer the penalty next lower in degree than that Vice-Mayor was assuming the duties of the absent
provided therein. (As amended by R.A. No. 10951, mayor. However, Hilvano refused to yield, arguing
approved August 29, 2017) that he had been designated by the Mayor.
Whereupon the Vice-Mayor sent a telegram to the

Article 177. Usurpation of authority or official Executive Secretary informing the latter of the
functions. — Any person who shall knowingly and controversy. And the said Secretary replied by letter,
falsely represent himself to be an officer, agent or that under Sec. 2195 of the Revised Administrative
representative of any department or agency of the Code it was the Vice-Mayor who should discharge the
Philippine Government or of any foreign duties of the Mayor during the latter's temporary
government, or who, under pretense of official
29
absence. Shown this official pronouncement, Hilvano document, or other thing, of value, shall be fined not
still refused to surrender the position. more than five thousand pesos, or shall be
imprisoned for not more than five years, or both, in
Again the Vice-Mayor sought the opinion of the addition to the penalties that may be imposed
Provincial Fiscal, who by letter, replied that the under the Revised Penal Code.
Vice-Mayor had the right to the office.
Notwithstanding such opinion which was exhibited to
him, Hilvano declined to vacate the post, which he Article 178. Using fictitious name and concealing
held for about a month, appointing some policemen, true name. — The penalty of arresto mayor and a
solemnizing marriages and collecting the fine not to exceed 100,000 pesos shall be imposed
corresponding salary for mayor. upon any person who shall publicly use a
fictitious name for the purpose of concealing a
Hilvano was prosecuted and after trial was convicted crime, evading the execution of a judgment or
of usurpation of authority or official functions. He causing damage.
appealed in due time, contending that he committed
no usurpation of authority because he was a Any person who conceals his true name and other
councilor, an official of the Government, and that such personal circumstances shall be punished by
crime may only be committed by private individuals. arresto menor or a fine not to exceed 40,000 pesos.
(As amended by R.A. No. 10951, approved August 29,
Issue: May the crime of usurpation of authority or 2017)
official functions be committed by a public officer?
PARAGRAPH 2: Without causing damage.
Held: Yes. There is actually no reason to restrict the
operation of Article 177 to private individuals. For one
The purpose of concealing the true name is not
thing it applies to “any person”; and where the law
essential. So long that one uses other names other than
does not distinguish, we should not distinguish.
his publicly, is punishable.
There is no excuse for defendant-appellant. In the
EXAMPLE 1: One who misrepresented himself upon
beginning he might have pleaded good faith, invoking
acquiring a cedula or applying a passport, it is
the designation by the Mayor; but after he had been
punishable under this article.
shown the letter of the Executive Secretary and the
opinion of the provincial fiscal, he had no right
EXAMPLE 2: In the case in delivering prisoners from
thereafter stubbornly to stick to the position. He was
jail, where a lawyer took advantage the appearance of
rightfully convicted.
the prisoner. In so doing the former used the name of
the latter. Can he made liable from that?
Under this article, one must have no authority to ● Yes, and it is necessary that the lawyer must
perform the function. On the above-cited jurisprudence, took the name of the prisoner.
if one performed the function under colorable title, that
would still a valid and could not be still be prosecuted. For nickname/s, as long as one is known in the
But once there’s a guidance from the DILG, he should community and the nickname is not the real name, there
have vacated the said position. His refusal to vacate the is no problem on that. Likewise, in the pseudonym/s.
same would show that his position is no longer without [See RA 608513]
colorable title to it.
Also, take note that:

Art. 179. Illegal use of uniforms or insignia. — The
REPUBLIC ACT No. 7512 penalty of arresto mayor shall be imposed upon any
person who shall publicly and improperly make
Section 1. Any person who shall falsely assume use of insignia, uniforms or dress pertaining to
and take upon himself to act as a diplomatic, an office not held by such person or to a class of
consular, or any other official of a foreign persons of which he is not a member.
government duly accredited as such to the
Government of the Republic of the Philippines with
Uniforms referred to here is uniform of gov’t office or any
intent to defraud such foreign government or the
group (e.g. priest’s abito, nun’s veil).
Government of the Philippines, or any person, or in
such pretended character shall demand or obtain, or
Is is required that it is the exact replica of the uniform?
attempt to obtain from person or from said foreign
● No. It is enough that one is deceived to believe
government or the Government of the Philippines, or
that you belong to a certain group.
from any officer thereof, any money, paper,
One who wears a prisoner’s uniform is not included in
this article. The class of people mentioned is a member
12
AN ACT TO PENALIZE ACTS WHICH WOULD IMPAIR THE of organization with respect and honor.
PROPER OBSERVANCE BY THE REPUBLIC AND INHABITANTS OF
THE PHILIPPINES OF THE IMMUNITIES, RIGHT, AND PRIVILEGES
13
OF DULY ACCREDITED FOREIGN DIPLOMATIC AND CONSULAR AN ACT AMENDING COMMONWEALTH ACT NUMBERED ONE
AGENTS IN THE PHILIPPINES dated 21 October 1946 HUNDRED FORTY-TWO REGULATING THE USE OF ALIASES.
30
NOTE: This provision is not applicable to the using and uniform, decoration or regalia so nearly resembling
wearing of such insignia, badge or emblem of rank in the same as to be calculated to deceive, unless such
playhouse or theater or in moving picture films. wearing thereof be authorized by such State, nation,
or government, shall upon conviction, be punished by
In relation to this article: a fine not exceeding two hundred pesos or
imprisonment not exceeding six months, or by both
REPUBLIC ACT NO. 49314 such fine and imprisonment.
Section 1. Hereafter it shall be unlawful for

any person or association or persons not in the Art. 180. False testimony against a defendant. —
service of the Armed Forces of the Philippines of the Any person who shall give false testimony against
Philippine Constabulary to use, or confer upon the defendant in any criminal case shall suffer:
himself or another who is not in the service of the
said Armed Forces or Constabulary, any military or 1. The penalty of reclusion temporal, if the defendant
naval grade or title which is, or may hereafter be, in said case shall have been sentenced to death;
prescribed by laws and regulations for the use of the
Armed Forces or Constabulary xxx 2. The penalty of prision mayor, if the defendant shall
have been sentenced to reclusion temporal or
Sec. 3. Hereafter the use, wearing, manufacture reclusion perpetua;
and sale of any medal or decoration, badge, insignia,
patch, or identification card which has been, or may 3. The penalty of prision correccional, if the defendant
hereafter be, authorized by Congress or prescribed or shall have been sentenced to any other afflictive
awarded by the President of the Philippines or the penalty; and,
Secretary of National Defense for the members of the
Armed Forces of the Philippines, or any colorable 4. The penalty of arresto mayor, if the defendant shall
imitation thereof, is prohibited xxx have been sentenced to a correctional penalty or a
fine, or shall have been acquitted.
EXECUTIVE ORDER NO. 29715 In cases provided in subdivisions 3 and 4 of this

article the offender shall further suffer a fine not to
SECTION 1. The unauthorized manufacture, sale and exceed 200,000 pesos. (As amended by R.A. No. 10951,
distribution of PNP uniforms, insignias and other approved August 29, 2017)
accoutrements is hereby prohibited. Any violation of
this rule shall, after due notice and hearing, result in
The gravity on the penalty that may be imposed is
the immediate closure of the establishment, plant
dependent on the penalty imposed against the accused
and/or office where the uniforms and other items are
in the original case.
manufactured, stored, sold and/or distributed, the
cancellation of its business license or permit, the
If the witness testified a false testimony while the case is
condemnation, seizure and forfeiture of all
ongoing in the original case, this article is not applicable.
paraphernalia used or intended to be used in the
Thus, complainant must wait for the finality of judgment
manufacture, sale and/or distribution and the
in the case where the false testimony was given.
imposition of reasonable administrative fines, without
prejudice to the filing of administrative, civil and/or
NOTE: When the accused is sentence by ARRESTO
criminal actions.
MENOR, one cannot be liable for false testimony.
Paragraph 4 provides that the accused in the original
case shall be sentenced at least to a correctional
REPUBLIC ACT No. 75 penalty or fine, or shall have been acquitted. The law
punishes the false witness even if the defendant in the
Section 3. Any person, who with intent to deceive or principal case is acquitted. [REYES, BOOK 2]
mislead, within the jurisdiction of the Republic, wear
any naval, military, police, or other official
uniform, decoration, or regalia of any foreign Art. 181. False testimony favorable to the
State, nation or government with which the defendants. — Any person who shall give false
Republic of the Philippines is at peace, or any testimony in favor of the defendant in a criminal
case, shall suffer the penalties of arresto mayor in its
maximum period to prision correccional in its
14 minimum period a fine not to exceed 200,000 pesos,
AN ACT TO PROHIBIT THE USE OR CONFERRING OF MILITARY
OR NAVAL GRADES OR TITLES BY OR UPON PERSONS NOT IN if the prosecution is for a felony punishable by an
THE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES OR afflictive penalty, and the penalty of arresto mayor
THE PHILIPPINE CONSTABULARY, TO REGULATE THE WEARING, in any other case. (As amended by R.A. No. 10951,
USE, MANUFACTURE AND SALE OF INSIGNIAS, DECORATIONS approved August 29, 2017)
AND MEDALS, BADGES, PATCHES AND IDENTIFICATION CARDS
PRESCRIBED FOR THE SAID ARMED FORCES OR
CONSTABULARY, AND FOR OTHER PURPOSES dated 12 June 1950
15 Is it important that there is an acquittal or conviction?
REGULATING THE MANUFACTURE, SALE, DISTRIBUTION AND
USE OF PNP UNIFORMS, INSIGNIAS AND OTHER
● No. The basis of the penalty is the penalty of
ACCOUTREMENTS dated 04 October 2000 the crime charged not on the penalty of
31
sentence. Therefore, if the case is ongoing, approval of voluntary recognition of minor
one can file the case in this instance. natural children (12) Constitution of family
home (13) Declaration of absence and death
Art. 182. False testimony in civil cases. — Any (14) Cancellation of correction of entries in the
person found guilty of false testimony in a civil case civil registry.
shall suffer the penalty of prision correccional in its
minimum period and a fine not to exceed 1,200,000 Aside from special proceedings, the application of
pesos, if the amount in controversy shall exceed
search warrant is included in this article.
1,000,000 pesos, and the penalty of arresto mayor in
its maximum period to prision correccional in its
minimum period and a fine not to exceed 200,000 EXAMPLE 1: One who executed an affidavit stating
pesos, if the amount in controversy shall not exceed that:
said amount or cannot be estimated. (As amended by “xxx
R.A. No. 10951, approved August 29, 2017) That on Feb 14, 2022, I was at
Penongs;
Basis: Amount involved. That when I was alone and waiting for
my order consisting of one pitso and rice
The law does not require either an acquittal or with seafood pinakbet, I saw A stabbed
conviction of the accused.
B.”
Art. 183. False testimony in other cases and It turned out, however, that he was not alone. He was
perjury in solemn affirmation. — The penalty of with an another person. And he did not actually ordered
arresto mayor in its maximum period to prision
the food what is mentioned in the affidavit. Can he be
correccional in its minimum period shall be imposed
upon any person, who knowingly makes untruthful held criminally liable of perjury?
statements and not being included in the ● No. The false testimony must be a material
provisions of the next preceding articles, shall matter of the case.
testify under oath, or make an affidavit, upon any
material matter before a competent person Material matter, defined:
authorized to administer an oath in cases in which the
law so requires. U.S. v ESTRANA
G.R. 5751, 16 Phil., 520
Any person who, in case of a solemn affirmation
made in lieu of an oath, shall commit any of the
Material matter is the main fact of which is the subject
falsehoods mentioned in this and the three preceding
articles of this section, shall suffer the respective of the inquiry or any circumstance which tends to
penalties provided therein. prove that fact, or any fact or circumstance which
tends to corroborate or strengthen the testimony
relative to the subject of inquiry, or which legitimately
This article is about PERJURY.
affect the credit of any witness who testifies.
What is perjury?
● Any crime other than false testimony under
Arts. 180 to 182; an offense that covers false Material Relevant Pertinent
oaths not taken in a course of judicial
proceedings. Directed to Tends in any Concerns
prove a fact in reasonable collateral
NOTE: Cases that are not civil or criminal in nature; issue debris to matters which
special proceedings. establish make more or
probability or less probable
What is a special proceeding? improbability of the proposition
● A remedy by which a party seeks to establish a a fact in issue at issue
status, a right, or a particular fact.
● The subject matter16 are as follows: [UP BOC; Reyes Book 2 (2021 Ed.), p 321]
(1) Settlement of estate of deceased persons
(2) Escheat (3) Guardianship and custody of Thus if the false testimony given by the witness is not
children (4) Trustees (5) Adoption (6) important, essential or material to the principal matter
Rescission and revocation of adoption (7) under investigation, it cannot properly be held that
Hospitalization of insane persons (8) Habeas perjury is committed.17
corpus (9) Change of name (10) Voluntary
dissolution of corporations (11) Judicial SUBORNATION OF PERJURY
16 17
Section 1, Rule 72 of the Rules of Court. U.S. v Jurado, 31 Phil. 491
32
U.S. v BALLENA18
Art. 186. Monopolies and combinations in
Committed by a person knowingly and willfully restraint of trade. — The penalty of prision
procured another to swear falsely, and that the correccional in its minimum period or a fine ranging
witness suborned did testify under circumstances from 200 to 6,000 pesos, or both, shall be imposed
rendering him guilty of perjury. upon:
1. Any person who shall enter into any contract or

One must induce another person to testify in court. The agreement or shall take part in any conspiracy or
crime will be treated as plain, the former as a principal combination in the form of a trust or otherwise, in
by inducement and the latter as a principal by direct restraint of trade or commerce or to prevent by
participation. artificial means free competition in the market;
2. Any person who shall monopolize any

Art. 184. Offering false testimony in evidence. — merchandise or object of trade or commerce, or shall
Any person who shall knowingly offer in evidence a combine with any other person or persons to
false witness or testimony in any judicial or monopolize and merchandise or object in order to
official proceeding, shall be punished as guilty of alter the price thereof by spreading false rumors or
false testimony and shall suffer the respective making use of any other article to restrain free
penalties provided in this section. competition in the market;
3. Any person who, being a manufacturer, producer,
or processor of any merchandise or object of
The person who offers another to false and testifies did commerce or an importer of any merchandise or
not induce the person to do the same. object of commerce from any foreign country, either
as principal or agent, wholesaler or retailer, shall
EXAMPLE: One who volunteers testifies, and the combine, conspire or agree in any manner with any
person who offered to testify knows that the testimony is person likewise engaged in the manufacture,
false, allowing that person to testify. A mere offer is production, processing, assembling or importation of
such merchandise or object of commerce or with any
already enough.
other persons not so similarly engaged for the
purpose of making transactions prejudicial to lawful
NOTE: commerce, or of increasing the market price in any
Inducement - Perjury by induction part of the Philippines, of any such merchandise or
No inducement - Offering false testimony in evidence object of commerce manufactured, produced,
processed, assembled in or imported into the
Philippines, or of any article in the manufacture of
Art. 185. Machinations in public auctions. — Any which such manufactured, produced, or imported
person who shall solicit any gift or promise as a merchandise or object of commerce is used.
consideration for refraining from taking part in
any public auction, and any person who shall If the offense mentioned in this article affects any
attempt to cause bidders to stay away from an food substance, motor fuel or lubricants, or other
auction by threats, gifts, promises, or any other articles of prime necessity, the penalty shall be that of
artifice, with intent to cause the reduction of the prision mayor in its maximum and medium periods it
price of the thing auctioned, shall suffer the penalty being sufficient for the imposition thereof that the
of prision correccional in its minimum period and a initial steps have been taken toward carrying out the
fine ranging from 10 to 50 per centum of the value of purposes of the combination.
the thing auctioned.
Any property possessed under any contract or by any
combination mentioned in the preceding paragraphs,
First form. Refers to a person who is a prospective and being the subject thereof, shall be forfeited to the
bidder. Government of the Philippines.
Second form. Refers to a person who wants to bid, and
one other to stay away from the bidding process. Whenever any of the offenses described above is
committed by a corporation or association, the
president and each one of its agents or
OTHER ARTIFICE
representatives in the Philippines in case of a foreign
corporation or association, who shall have knowingly
The bidders may be caused to stay away from the permitted or failed to prevent the commission of such
public auction by tricks, such as by telling them that the offense, shall be held liable as principals thereof.
public bidding would not be held at that time to make
them go away, knowing that the bidding would not be
To be discussed under Commercial Laws.
postponed. [REYES, Book 2}
18
18 Phil. 382
33
Art. 187. Importation and disposition of falsely A trade-name or trade-mark as herein used is a word
marked articles or merchandise made of gold, or words, name, title, symbol, emblem, sign or
silver, or other precious metals or their alloys. — device, or any combination thereof used as an
The penalty of prision correccional or a fine ranging advertisement, sign, label, poster, or otherwise, for
from 40,000 to 200,000 pesos, or both, shall be the purpose of enabling the public to distinguish the
imposed on any person who shall knowingly import business of the person who owns and uses said
or sell or dispose of any article or merchandise trade-name or trade-mark.
made of gold, silver, or other precious metals, or
their alloys, with stamps, brands, or marks which A service mark as herein used is a mark used in the
fail to indicate the actual fineness or quality of sale or advertising of services to identify the services
said metals or alloys. of one person and distinguish them from the services
of others and includes without limitation the marks,
Any stamp, brand, label, or mark shall be deemed to names, symbols, titles, designations, slogans,
fail to indicate the actual fineness of the article on character names, and distinctive features of radio or
which it is engraved, printed, stamped, labeled or other advertising.
attached, when the rest of the article shows that the
quality or fineness thereof is less by more than
one-half karat, if made of gold, and less by more than One who ordered a blank polo shirt and embroidered a
four one-thousandth, if made of silver, than what is logo of a known brand and sold it to his friend, saying
shown by said stamp, brand, label or mark. But in that the product is cheaper than those in the market.
case of watch cases and flatware made of gold, the Would it violate Art. 183?
actual fineness of such gold shall not be less by more ● No. The fraud must be against the public.
than three one-thousandth than the fineness
Thus, if he did the same and sold it to an online
indicated by said stamp, brand, label, or mark. (As
amended by R.A. No. 10951, approved August 29, 2017) platform or his physical store, displayed for
sale, it is violative.
This article does not apply to the manufacturer of

misbranded articles, he shall be liable under Article 315 Title 5: CRIMES RELATIVE TO OPIUM AND
(Estafa). OTHER PROHIBITED DRUGS
(Arts. 190-193)
Art. 188. Subsisting and altering trade-mark,
trade-names, or service marks. — The penalty of
prision correccional in its minimum period or a fine REPUBLIC ACT NO. 916519
ranging from 500 to 2,000 pesos, or both, shall be
imposed upon:
Section 4. Importation of Dangerous Drugs and/or
1. Any person who shall substitute the trade name or Controlled Precursors and Essential Chemicals -
trade-mark of some other manufacturer or dealer or a The crime is committed by any person, who, unless
colorable imitation thereof, for the trademark of the authorized by law, shall import or bring into the PH:
real manufacturer or dealer upon any article of A. Any dangerous drug, regardless of the
commerce and shall sell the same; quantity and purity involved, including any
and all species of opium poppy or any part
2. Any person who shall sell such articles of thereof or substances derived therefrom
commerce or offer the same for sale, knowing that even for floral, decorative and culinary
the trade-name or trade- mark has been fraudulently purposes, or
used in such goods as described in the preceding B. Any controlled precursor and essential
subdivision; chemical.
3. Any person who, in the sale or advertising of his

services, shall use or substitute the service mark of NOTE: The territoriality principle20 will still apply to the
some other person, or a colorable imitation of such importation of dangerous drugs (DD) from Thailand21.
mark; or Also, it doesn’t matter how much the chemical was
imported contrary to possession of DD.
4. Any person who, knowing the purpose for which
the trade-name, trade-mark, or service mark of a Section 11. Possession of Dangerous Drugs. -
person is to be used, prints, lithographs, or in any
The penalty of life imprisonment to death and a fine
way reproduces such trade-name, trade-mark, or
service mark, or a colorable imitation thereof, for ranging from Five hundred thousand pesos
another person, to enable that other person to (P500,000.00) to Ten million pesos (P10,000,000.00)
fraudulently use such trade-name, trade-mark, or
service mark on his own goods or in connection with
the sale or advertising of his services. 19
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2022 dated 07
June 2022
20
Article 2, Rev. Penal Code
21
People v. Tsang Hin Wai, G.R. No. L-66389 Sept. 8, 1986
34
shall be imposed upon any person, who, unless quantities of dangerous drugs are less than five (5)
authorized by law, shall possess any dangerous drug grams of opium, morphine, heroin, cocaine or
in the following quantities, regardless of the degree of cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu",
purity thereof:
or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
(1) 10 grams or more of opium; those similarly designed or newly introduced drugs
(2) 10 grams or more of morphine; and their derivatives, without having any therapeutic
(3) 10 grams or more of heroin; value or if the quantity possessed is far beyond
(4) 10 grams or more of cocaine or cocaine therapeutic requirements; or less than three hundred
hydrochloride; (300) grams of marijuana.
(5) 50 grams or more of methamphetamine
hydrochloride or "shabu";
Section 12. Possession of Equipment, Instrument,
(6) 10 grams or more of marijuana resin or marijuana
Apparatus and Other Paraphernalia for
resin oil; Dangerous Drugs. - The penalty of imprisonment
(7) 500 grams or more of marijuana; and ranging from six (6) months and one (1) day to four
(8) 10 grams or more of other dangerous drugs such (4) years and a fine ranging from Ten thousand pesos
as, but not limited to, (P10,000.00) to Fifty thousand pesos (P50,000.00)
methylenedioxymethamphetamine (MDA) or shall be imposed upon any person, who, unless
authorized by law, shall possess or have under
"ecstasy", paramethoxyamphetamine (PMA),
his/her control any equipment, instrument,
trimethoxyamphetamine (TMA), lysergic acid apparatus and other paraphernalia fit or intended
diethylamine (LSD), gamma hydroxyamphetamine for smoking, consuming, administering, injecting,
(GHB), and those similarly designed or newly ingesting, or introducing any dangerous drug into
introduced drugs and their derivatives, without having the body: Provided, That in the case of medical
any therapeutic value or if the quantity possessed is practitioners and various professionals who are
far beyond therapeutic requirements, as determined required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of
and promulgated by the Board in accordance to
their profession, the Board shall prescribe the
Section 93, Article XI of this Act. necessary implementing guidelines thereof.
Otherwise, if the quantity involved is less than the The possession of such equipment, instrument,
foregoing quantities, the penalties shall be apparatus and other paraphernalia fit or intended for
graduated as follows: any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the
(1) Life imprisonment and a fine ranging from Four possessor has smoked, consumed, administered to
hundred thousand pesos (P400,000.00) to Five himself/herself, injected, ingested or used a
hundred thousand pesos (P500,000.00), if the dangerous drug and shall be presumed to have
quantity of methamphetamine hydrochloride or violated Section 15 of this Act.
"shabu" is ten (10) grams or more but less than fifty
(50) grams;
The burden of proof for using this paraphernalia:
(2) Imprisonment of twenty (20) years and one (1)
day to life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five CUICO v PEOPLE
hundred thousand pesos (P500,000.00), if the G.R. No. 232293, December 09, 2020
quantities of dangerous drugs are five (5) grams or
more but less than ten (10) grams of opium, FACTS: PO3 Edmund Tiempo, with his team,
morphine, heroin, cocaine or cocaine hydrochloride, conducted a foot patrol inBarangay Kamagayan,
marijuana resin or marijuana resin oil, Cebu City, in connection with the report of rampant
methamphetamine hydrochloride or "shabu", or other illegal activities in said area. When they were in the
dangerous drugs such as, but not limited to, MDMA Barangay, they saw a group of men coming out from
or "ecstasy", PMA, TMA, LSD, GHB, and those a small hut. PO3 Tiempo saw Evelyn Cuico inside the
similarly designed or newly introduced drugs and shanty holding a disposable syringe used for injecting
their derivatives, without having any therapeutic value Nubian.
or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more During the trial, the Regional Trial Court explained
but less than five (hundred) 500) grams of marijuana; that it was convicting Cuico for there was no reason
and to doubt the identities of the syringes and empty
ampoules of Nalbuphine Hydrochloride presented by
(3) Imprisonment of twelve (12) years and one (1) the prosecution. The RTC further opined that the
day to twenty (20) years and a fine ranging from failure of the police officers to subject the seized
Three hundred thousand pesos (P300,000.00) to items to forensic examination was not a bar to
Four hundred thousand pesos (P400,000.00), if the
35
Cuico's conviction. The RTC thus convicted Cuico. That in the case of medical laboratories and medical
Aggrieved, she filed an appeal to the Court of research centers which cultivate or culture marijuana,
Appeals. The CA affirmed the RTC's conviction of opium poppy and other plants, or materials of such
Cuico. dangerous drugs for medical experiments and
research purposes, or for the creation of new types of
ISSUE: Was the conviction of Cuico correct? medicine, the Board shall prescribe the necessary
implementing guidelines for the proper cultivation,
HELD: Negative. While it is true that Section 12 of RA culture, handling, experimentation and disposal of
9165 punishes the possession of drug paraphernalia, such plants and materials.
it does not mean that forensic testing may completely
be dispensed with. Section 11 of RA 9165, for The land or portions thereof and/or greenhouses
instance, also punishes the possession of dangerous on which any of said plants is cultivated or
drugs, but it must first be proven that what the cultured shall be confiscated and escheated in
accused possessed was indeed dangerous drugs. favor of the State, unless the owner thereof can
prove lack of knowledge of such cultivation or
In the present case, there is no evidence showing culture despite the exercise of due diligence on
that the aluminum foil, tube, and lighters found in the his/her part. If the land involved is part of the public
petitioner's house were fit or intended for introducing domain, the maximum penalty provided for under this
any dangerous drug into the body. The prosecution Section shall be imposed upon the offender.
did not bother to show that there were traces of
shabu on any of these alleged drug paraphernalia. In The maximum penalty provided for under this Section
fact, it appears that the only evidence that the shall be imposed upon any person, who organizes,
prosecution offered to prove this charge is the manages or acts as a "financier" of any of the illegal
existence of the seized items by themselves. activities prescribed in this Section.
For the prosecution's failure to prove that the items The penalty of twelve (12) years and one (1) day to
seized were intended to be used as drug twenty (20) years of imprisonment and a fine ranging
paraphernalia, the petitioner must also be acquitted from One hundred thousand pesos (P100,000.00) to
of the charge under Section 12 of RA No. 9165. Five hundred thousand pesos (P500,000.00) shall be
Indeed, we cannot convict the petitioner for imposed upon any person, who acts as a
possession of drug paraphernalia when it was "protector/coddler" of any violator of the provisions
not proven beyond reasonable doubt that these under this Section.
items were used or intended to be used as drug
paraphernalia.
Section 17. Maintenance and Keeping of Original
To stress, while the present case involves mere Records of Transactions on Dangerous Drugs
possession of drug paraphernalia and not and/or Controlled Precursors and Essential
dangerous drugs, the quantum of evidence Chemicals. - The penalty of imprisonment ranging
required remains the same, i.e., proof beyond from one (1) year and one (1) day to six (6) years and
reasonable doubt. The requirement of testing is, as a fine ranging from Ten thousand pesos (P10,000.00)
it should be, mandatory for prosecutions under to Fifty thousand pesos (P50,000.00) shall be
Section 12 mostly involve the possession of ordinary imposed upon any practitioner, manufacturer,
household items such as foils, lighters, or in this wholesaler, importer, distributor, dealer or retailer
case, syringes. Without a laboratory examination of who violates or fails to comply with the
the bottles and syringes confirming traces of illegal maintenance and keeping of the original records
substances, there exists sufficient and reasonable of transactions on any dangerous drug and/or
ground to believe, consistent with the presumption of controlled precursor and essential chemical in
innocence, that the confiscated items were accordance with Section 40 of this Act.
possessed for lawful purposes.
An additional penalty shall be imposed through the
Thus, it must be proven that the paraphernalia was revocation of the license to practice his/her
indeed used in the commission of the crime. profession, in case of a practitioner, or of the
business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.
Section 16. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to death One must secure the necessary permits and records for
and a fine ranging from Five hundred thousand pesos DD.
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who shall Section 19. Unlawful Prescription of Dangerous
plant, cultivate or culture marijuana, opium poppy Drugs. – The penalty of life imprisonment to death
or any other plant regardless of quantity, which is and a fine ranging from Five hundred thousand pesos
or may hereafter be classified as a dangerous (P500,000.00) to Ten million pesos (P10,000,000.00)
drug or as a source from which any dangerous shall be imposed upon any person, who, unless
drug may be manufactured or derived: Provided,
36
authorized by law, shall make or issue a Sources of Dangerous Drugs, Controlled
prescription or any other writing purporting to be Precursors and Essential Chemicals,
a prescription for any dangerous drug. Instruments/Paraphernalia and/or Laboratory
Equipment Including the Proceeds or Properties
Obtained from the Unlawful Act Committed. – The
Section 20. Confiscation and Forfeiture of the penalty of life imprisonment to death and a fine
Proceeds or Instruments of the Unlawful Act, ranging from Five hundred thousand pesos
Including the Properties or Proceeds Derived (P500,000.00) to Ten million pesos (P10,000,000.00),
from the Illegal Trafficking of Dangerous Drugs in addition to absolute perpetual disqualification from
and/or Precursors and Essential Chemicals. – any public office, shall be imposed upon any public
Every penalty imposed for the unlawful importation, officer or employee who misappropriates,
sale, trading, administration, dispensation, delivery, misapplies or fails to account for confiscated,
distribution, transportation or manufacture of any seized or surrendered dangerous drugs, plant
dangerous drug and/or controlled precursor and sources of dangerous drugs, controlled
essential chemical, the cultivation or culture of plants precursors and essential chemicals,
which are sources of dangerous drugs, and the instruments/paraphernalia and/or laboratory
possession of any equipment, instrument, apparatus equipment including the proceeds or properties
and other paraphernalia for dangerous drugs obtained from the unlawful acts as provided for in
including other laboratory equipment, shall carry with this Act.
it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties Any elective local or national official found to have
derived from the unlawful act, including, but not benefited from the proceeds of the trafficking of
limited to, money and other assets obtained thereby, dangerous drugs as prescribed in this Act, or have
and the instruments or tools with which the particular received any financial or material contributions or
unlawful act was committed, unless they are the donations from natural or juridical persons found
property of a third person not liable for the unlawful guilty of trafficking dangerous drugs as prescribed in
act, but those which are not of lawful commerce shall this Act, shall be removed from office and perpetually
be ordered destroyed without delay pursuant to the disqualified from holding any elective or appointive
provisions of Section 21 of this Act. positions in the government, its divisions,
subdivisions, and intermediaries, including
After conviction in the Regional Trial Court in the government-owned or –controlled corporations.
appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation CHAIN OF CUSTODY
and forfeiture of all the proceeds of the offense and
all the assets and properties of the accused either
owned or held by him or in the name of some other Defined.
persons if the same shall be found to be manifestly
out of proportion to his/her lawful income: Provided, It is the duly recorded authorized movements and
however, That if the forfeited property is a vehicle, the custody of seized drugs or controlled chemicals or
same shall be auctioned off not later than five (5) plant sources of dangerous drugs or laboratory
days upon order of confiscation or forfeiture.
equipment of each stage, from the time of
During the pendency of the case in the Regional Trial seizure/confiscation to receipt in the forensic laboratory
Court, no property, or income derived therefrom, to safekeeping to presentation in court for destruction.
which may be confiscated and forfeited, shall be Such record of movements and custody of seized item
disposed, alienated or transferred and the same shall shall include the identity and signature of the
be in custodia legis and no bond shall be admitted for person who held temporary custody of the seized
the release of the same. item, the date and time when such transfer of
custody were made in the course of safekeeping
The proceeds of any sale or disposition of any
property confiscated or forfeited under this Section and use in court as evidence, and the final
shall be used to pay all proper expenses incurred in disposition.22
the proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending Procedure.
disposition, as well as expenses for publication and
court costs. The proceeds in excess of the above Usually, 1the police officer who seizes the suspected
expenses shall accrue to the Board to be used in its
campaign against illegal drugs. substance turns it over to a supervising officer, who
would then send it by courier to the police crime
laboratory for testing. Since it is unavoidable that
Section 27. Criminal Liability of a Public Officer or possession of the substance changes hand a number of
Employee for Misappropriation, Misapplication or times, it is imperative for the officer who seized the
Failure to Account for the Confiscated, Seized
and/or Surrendered Dangerous Drugs, Plant
22
People v. Ameril G.R. No. 203193 November 14, 2016
37
substance from the suspect to place his marking on its
National Prosecution Service or the media who shall
plastic container and seal the same, preferably with be required to sign the copies of the inventory and be
adhesive tape that cannot be removed without leaving a given a copy thereof: Provided, That the physical
tear on the plastic container. inventory and photograph shall be conducted at the
place where the search warrant is served; or at the
2
At the trial, the officer can then identify the seized nearest police station or at the nearest office of the
substance and the procedure he observed to preserve apprehending officer/team, whichever is practicable,
in case of warrantless seizures: Provided, finally,
its integrity until it reaches the crime laboratory.
That non-compliance of these requirements under
justifiable grounds, as long as the integrity and the
3
If the substance is not in a plastic container, the officer evidentiary value of the seized items are properly
should put it in one and seal the same. In this way the preserved by the apprehending officer/team, shall not
substance would assuredly reach the laboratory in the render void and invalid such seizures and custody
same condition it was seized from the accused. Further, over said items.
after the laboratory technician tests and verifies the
nature of the substance in the container, he should put What about possession?
his own mark on the plastic container and seal it again ● Here, it also includes, even if the DD is not
with a new seal since the police officer’s seal has been within your person, if you have it in the place
broken. 4At the trial, the technician can then describe which you control, that would still be
the sealed condition of the plastic container when it was possession. This is not limited to manual touch
handed to him and testify on the procedure he took or custody.
afterwards to preserve its integrity.
What about one who visits his friend while the latter is
5
If the sealing of the seized substance has not been using marijuana?
made, the prosecution would have to present every ● So long as the place is not a drug den or dive,
police officer, messenger, laboratory technician, and one is not liable.
storage personnel, the entire chain of custody, no matter
how briefly one’s possession has been. Each of them
has to testify that the substance, although unsealed, has
not been tampered with or substituted while in his
care.23 Title 6: CRIMES AGAINST PUBLIC MORALS
(Arts. 195-202)
This is further elaborated in this case;
SAMIA v PEOPLE Gambling Illegal cockfighting
G.R. No. 227217
Importation, sale and Grave scandal
SEC. 21. Custody and Disposition of Confiscated, possession of lottery
Seized, and/or Surrendered Dangerous Drugs, Plant tickets or advertisements
Sources of Dangerous Drugs, Controlled Precursors
and Essential Chemicals, Instruments/Paraphernalia Betting in sport contests Immoral doctrines,
and/or Laboratory Equipment. - The PDEA shall take obscene publications
charge and have custody of all dangerous drugs, and exhibitions
plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as Illegal betting on horse Vagrancy and
instruments/paraphernalia and/or laboratory races prostitution
equipment so confiscated, seized and/or
surrendered, for proper disposition in the following
manner: GAMBLING
(1) The apprehending team having initial custody and Defined. Any game or scheme, whether upon chance or
control of the dangerous drugs, controlled precursors skill wherein wagers consisting money, articles or value
and essential chemicals, instruments/paraphernalia or representative of value are at stake or made.
and/or laboratory equipment shall, immediately after
seizure and confiscation, conduct a physical Note: From Gambling to Illegal cockfighting - Repealed
inventory of the seized items and photograph the by R.A. 9287
same in the presence of the accused or the person/s
from whom such items were confiscated and/or P.D. 160224
seized, or his/her representative or counsel, with an
elected public official and a representative of the
24
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
dated 11 June 1978
23
People v. Habana, G.R.No. 188900 March 5, 2010
38
person who shall offend against decency or good
Section 1(a)(1). Any person other than those referred customs by any highly scandalous conduct not
to in the succeeding sub-sections who in any manner, expressly falling within any other article of this
shall directly or indirectly take part in any illegal or Code.
unauthorized activities or games of cockfighting,
jueteng, jai alai or horse racing to include bookie
operations and game fixing, numbers, bingo and Grave Scandal, defined.
other forms of lotteries; cara y cruz, pompiang and ● Consists of acts which are offensive to
the like; 7-11 and any game using dice; black jack, decency and good customs which, having
lucky nine, poker and its derivatives, monte, baccarat, been committed publicly, have given rise to
cuajao, pangguingue and other card games; paik public scandals to persons who have
que, high and low, mahjong, domino and other games accidentally witnessed the same. [REYES, Book
2]
using plastic tiles and the likes; slot machines,
roulette, pinball and other mechanical contraptions
What constitutes scandalous acts that offend decency
and devices; dog racing, boat racing, car racing and
and good customs?
other forms of races, basketball, boxing, volleyball,
● Mere nudity is NOT, per se, offensive. For
bowling, pingpong and other forms of individual or
example, a person, age 5, who is naked when
team contests to include game fixing, point shaving
he took a bath outside of their house, or a
and other machinations; banking or percentage
woman showing her breasts in public
game, or any other game scheme, whether upon
breastfeeding her son.
chance or skill, wherein wagers consisting of money,
● Thus, it must be put into context. If they do it
articles of value or representative of value are at
for the sake of doing it without any other
stake or made.
purpose but for its shock effect, violative under
Art. 200.
R.A 928725 What are the requirements?
● Offender performs an act/s
Sec. 2. Definition of Terms. - As used in this Act, the ● Act/s are highly scandalous offending against
following terms shall mean: decency and good morals
● The scandalous act is not expressly falling
a) Illegal Numbers Game. - Any form illegal gambling within any article of RPC
activity which uses numbers or combinations thereof ● Committed in a public place or within the public
as factors in giving out jackpots. knowledge or view.
b) Jueteng. - An illegal numbers game that involves
the combination of thirty-seven (37) numbers against OTHER EXAMPLES:
thirty-seven (37) numbers from number one (1) to
thirty seven (37) or the combination of thirty-eight (38) 1. Couples who are kissing in a public place do
numbers in some areas, serving as a form of local not constitute a grave scandal (GS). However,
lottery where bets are placed and accepted per when engaged in mutual masturbation or one
combination, and its variants. masturbating the other or fellatio cunnilingus
(oral sex), that would already be scandalous.
c) Masiao. - An illegal numbers game where the
winning combination is derived from the results of the 2. One who does it, within the confines of their
last game of Jai Alai or the Special Llave portion or home or do the deed in a hotel, does not
any result thereof based on any fictitious Jai Alai constitute GS. For it to to be GS, it must be in a
game consisting of ten (10) players pitted against one public place or within the public knowledge or
another, and its variants. view.
d) Last Two. - An illegal numbers game where the 3. Sexual intercourse commenced by a couple
winning combination is derived from the last two (2) where the room abuts the sidewalk, heard by
numbers of the first prize of the winning Sweepstakes the people walking thereby, constituting “public
ticket which comes out during the weekly draw of the knowledge”.
Philippine Charity Sweepstakes Office (PCSO), and
its variants. 4. A couple went to a park, and conceded to
mutually masturbate each other, without any
Note: PD 1602 - limited to the game of chance; RA 9287 person thereby, is a GS.
- limited to the game of chance and skill
Be it noted that, “OR” as a conjunction means
that the act required must not be in a public
Art. 200. Grave scandal. — The penalties of arresto view or knowledge. It is enough that the act is
mayor and public censure shall be imposed upon any performed in a public place. Needless to say,
as to the given facts above, a park is a public
25
place.
AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS
GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES dated 2 April 2004
5. What if the act was done in a forest?
39
● If the said forest was not considered a 2. What about those performers in the movies,
park or natural park, it is not a public who almost show their private parts and/or the
place. stages of nudity?
● It depends. Mere nudity does not
6. How about when the action commenced inside constitute obscenity. Hence, if the role
the car? or script calls for it, there is an artistic
● It can still be GS, notwithstanding value, it is not violative. What is
whether the window is tinted or not, punishable is serve no other purpose
since the car will have a motion that but to satisfy the market for violence,
may tend to produce public lust or pornography.
knowledge that there was an activity
happening inside. 3. What about those barrel man, Baguio
souvenirs, is it violative?
7. Can a man, age 25, having sex in a public ● It may be. But again, mere nudity
place, and a girl, age less than 15, be liable for does not constitute obscenity. It is on
GS? a case-to-case basis.
● No. Sexual intercourse with a girl less
than 15 years of age constitutes
statutory rape. R.A. 999526
8. With regard to U.P. Oblation run, it can be Section 4. Prohibited Acts. - It is hereby prohibited
viewed as an artistic expression or shocking to and declared unlawful for any person:
the morals or good customs. It is the point of
view of who was watching the said activity. (a) To take photo or video coverage of a person or
group of persons performing sexual act or any similar
Note: INTENT is necessary since GS is a felony. activity or to capture an image of the private area of a
person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast
Art. 201. Immoral doctrines, obscene publications without the consent of the person/s involved and
and exhibitions and indecent shows. — The under circumstances in which the person/s has/have
penalty of prision mayor or a fine ranging from 20,000 a reasonable expectation of privacy;
to 200,000 pesos, or both such imprisonment and
fine, shall be imposed upon: (b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
(1) Those who shall publicly expound or proclaim sexual act or any similar activity with or without
doctrines openly contrary to public morals; consideration;
(c) To sell or distribute, or cause to be sold or
(2) (a) the authors of obscene literature, distributed, such photo or video or recording of sexual
published with their knowledge in any form; the act, whether it be the original copy or reproduction
editors publishing such literature; and the thereof; or
owners/operators of the establishment selling the
same; (d) To publish or broadcast, or cause to be published
or broadcast, whether in print or broadcast media, or
(b) Those who, in theaters, fairs, cinematographs show or exhibit the photo or video coverage or
or any other place, exhibit, indecent or immoral recordings of such sexual act or any similar activity
plays, scenes, acts or shows, whether live or in through VCD/DVD, internet, cellular phones and
film, which are prescribed by virtue hereof, shall other similar means or device.
include those which (1) glorify criminals or condone
crimes; (2) serve no other purpose but to satisfy the The prohibition under paragraphs (b), (c) and (d) shall
market for violence, lust or pornography; (3) offend apply notwithstanding that consent to record or take
any race or religion; (4) tend to abet traffic in and use photo or video coverage of the same was given by
of prohibited drugs; and (5) are contrary to law, public such person/s. Any person who violates this provision
order, morals, and good customs, established shall be liable for photo or video voyeurism as
policies, lawful orders, decrees and edicts; defined herein.
(3) Those who shall sell, give away or exhibit films,

prints, engravings, sculpture or literature which are Art. 202. Prostitutes; Penalty. - For the purposes of
offensive to morals. this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
EXAMPLES conduct, are deed to be prostitutes.
1. It is violative under this article when a dancer in

the club or bar took off his/her clothes.
26
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO
AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR,
AND FOR OTHER PURPOSES Dated 27 July 2009
40
Any person found guilty of any of the offenses
covered by this article shall be punished by arresto SEC. 3. Immediate Release of Convicted Persons. –
menor or a fine notexceeding 20,000 pesos, and in All persons serving sentence for violation of the
case of recidivism, by arresto mayor in its medium provisions of Article 202 of the Revised Penal Code
period to prison correcional in its minimum period or a on Vagrancy prior to its amendment by this Act shall
fine ranging from 20,000 to 200,000 pesos, or both, in be immediately released upon effectivity of this Act:
the discretion of the court. (As amended by RA 10158 Provided, That they are not serving sentence or
and RA 10951) detained for any other offense or felony.
PRIOR TO AMENDMENT If a man is having habitual intercourse with a woman or

man, is he a prostitute?
VAGRANCY
● No. Only women are considered prostitutes.
Defined. Hence, for a woman, it must not be a one-time
act/affair, it must be habitual (part of the regular
1. Having no apparent means of subsistence, activity).
who has the physical ability to work and who
neglects to apply himself or herself to some Note: Actual intercourse or act of lasciviousness.
lawful calling;
2. Any person found loitering about public or
With regard to prostitution, there’s no reason why men
semi-public buildings or places or trampling or
should not be penalized for it.
wandering about the country or the streets
without visible means of support;
3. Any idle or dissolute person who ledges in R.A. 695528
houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes; Section 2. Pursuant thereto, it is hereby declared
4. Any person who, not being included in the unlawful:
provisions of other articles of this Code, shall
(a) For a person, natural or juridical, association, club
be found loitering in any inhabited or or any other entity to commit, directly or indirectly, any
uninhabited place belonging to another without of the following acts:
any lawful or justifiable purpose.
(1) To establish or carry on a business which has for
AFTER THE AMENDMENT its purpose the matching of Filipino women for
marriage to foreign nationals either on a mail-order
basis or through personal introduction;
R.A. 1015827
(2) To advertise, publish, print or distribute or cause
SECTION 1. Article 202 of the Revised Penal Code is the advertisement, publication, printing or distribution
hereby, amended to read as follows: of any brochure, flier, or any propaganda material
calculated to promote the prohibited acts in the
“Article 202. Prostitutes; Penalty. – For the purposes preceding subparagraph;
of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious (3) To solicit, enlist or in any manner attract or induce
conduct, are deemed to be prostitutes. any Filipino woman to become a member in any club
or association whose objective is to match women for
“Any person found guilty of any of the offenses marriage to foreign nationals either on a mail-order
covered by this article shall be punished by arresto basis or through personal introduction for a fee;
menor or a fine not exceeding 200 pesos, and in case
of recidivism, by arresto mayor in its medium period (4) To use the postal service to promote the
to prision correctional in its minimum period or a fine prohibited acts in subparagraph 1 hereof.
ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.” (b) For the manager or officer-in-charge or advertising
manager of any newspaper, magazine, television or
SEC. 2. Effect on Pending Cases. – All pending radio station, or other media, or of an advertising
cases under the provisions of Article 202 of the
Revised Penal Code on Vagrancy prior to its
amendment by this Act shall be dismissed upon 28
AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING
effectivity of this Act. FILIPINO WOMEN FOR MARRIAGE TO FOREIGN NATIONALS ON A
MAIL ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING
THE ADVERTISEMENT, PUBLICATION, PRINTING OR
27 DISTRIBUTION OF BROCHURES, FLIERS AND OTHER
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS
PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND
PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE dated 25 July PROVIDING PENALTY THEREFORE dated 13 June 1990
2011
41
agency, printing company or other similar entities, to (h) To recruit, transport or adopt a child to engage
knowingly allow, or consent to, the acts prohibited in in armed activities in the Philippines or abroad.
the preceding paragraph.
Whether men are included in the subparagraph (e) of
If a person’s business is all about matching Filipino RA 9208?
women to foreign nationals, that alone is already ● They may be included. Since RA 9208 does
punishable under RA 6955. But if the business is not only provides for prostitution but also
matching Filipino women being sold to foreigners, for sexual exploitation. Men also have the
them to be sold in a prostitution den, that will be modesty that the law is trying to protect.
punishable under RA 920829.
In the case of those women who voluntarily agreed to
RA 9208 be included in pornographic film or other materials, can
the people who hired them be held liable under RA
Section 4. Acts of Trafficking in Persons. - It shall 9208?
be unlawful for any person, natural or juridical, to ● Even if they voluntarily agreed, still constitutes
commit any of the following acts: trafficking in persons.
(a) To recruit, transport, transfer; harbor, provide, INVOLUNTARY SERVITUDE

or receive a person by any means, including those
done under the pretext of domestic or overseas
Refers to a condition of enforced, compulsory service
employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual induced by means of any scheme, plan or pattern,
exploitation, forced labor, slavery, involuntary intended to cause a person to believe that, if the person
servitude or debt bondage; did not enter into or continue in such condition, that
person or another person would suffer serious harm or
(b) To introduce or match for money, profit, or other forms of abuse or physical restraint, or the abuse
material, economic or other consideration, any or threatened abuse of the legal process.
person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for
marriage for the purpose of acquiring, buying, NOTE: Even if there is no actual transport, as long as
offering, selling or trading him/her to engage in there is an offer, contract of marriage, or any mentioned
prostitution, pornography, sexual exploitation, forced purposes under RA 9208, the act is punishable under
labor, slavery, involuntary servitude or debt bondage; the aforementioned law.
(c) To offer or contract marriage, real or

simulated, for the purpose of acquiring, buying, RA 9208
offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, Section 6. Qualified Trafficking in Persons. - The
forced labor or slavery, involuntary servitude or following are considered as qualified trafficking:
debt bondage;
(a) When the trafficked person is a child;
(d) To undertake or organize tours and travel plans
consisting of tourism packages or activities for the (b) When the adoption is effected through Republic
purpose of utilizing and offering persons for Act No. 8043, otherwise known as the "Inter-Country
prostitution, pornography or sexual exploitation; Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual
(e) To maintain or hire a person to engage in exploitation, forced labor, slavery, involuntary
prostitution or pornography; servitude or debt bondage;
(f) To adopt or facilitate the adoption of persons for (c) When the crime is committed by a syndicate, or in
the purpose of prostitution, pornography, sexual large scale. Trafficking is deemed committed by a
exploitation, forced labor, slavery, involuntary syndicate if carried out by a group of three (3) or
servitude or debt bondage; more persons conspiring or confederating with one
another. It is deemed committed in large scale if
(g) To recruit, hire, adopt, transport or abduct a committed against three (3) or more persons,
person, by means of threat or use of force, fraud, individually or as a group;
deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person; (d) When the offender is an ascendant, parent,
and sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is
committed by a public officer or employee;
29
ANTI-TRAFFICKING INPERSONS ACT OF 2003 dated 26 May 2023
42
(e) When the trafficked person is recruited to engage be done
in prostitution with any member of the military or law
enforcement agencies; No performance of functions.
(f) When the offender is a member of the military or

law enforcement agencies; and Art. 204. Knowingly rendering unjust judgment. —
Any judge who shall knowingly render an unjust
(g) When by reason or on occasion of the act of judgment in any case submitted to him for decision,
trafficking in persons, the offended party dies, shall be punished by prision mayor and perpetual
becomes insane, suffers mutilation or is afflicted with absolute disqualification.
Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
Who are liable?
● Judges.
NOTE: Pornography does not need that there is sexual
intercourse nor hardcore scenes. Under Art. 201,
The mere issuance of a judgment which is not correct or
explicit content that satisfies lust or lustful desires is
reverse subsequently by the appellate court, does not
considered pornography. However, even if there is a
make the judge criminally liable. Simply, there must be a
showing of genitals, for artistic purposes, that would
conscious intention to pervert the law; deliberate and
not be pornography. Sexual intercourse alone does not
malicious.
determine whether a material is pornographic material
or not.
Can CA, CTA, or Sandiganbayan justices commit this
crime?
Title 7: CRIMES COMMITTED BY PUBLIC ● No. They act either en banc or branches
OFFICERS (divisions) hence they are consulting from each
(Arts. 203-222) other.
Art. 203. Who are public officers (PO). — For the Art. 205. Judgment rendered through negligence.
purpose of applying the provisions of this and the — Any judge who, by reason of inexcusable
preceding titles of this book, any person who, by negligence or ignorance shall render a manifestly
direct provision of the law, popular election or unjust judgment in any case submitted to him for
appointment by competent authority, shall take part decision shall be punished by arresto mayor and
in the performance of public functions in the temporary special disqualification.
Government of the Philippine Islands, of shall
perform in said Government or in any of its
branches public duties as an employee, agent or This article only applies if there’s a clear principles.
subordinate official, of any rank or class, shall be
deemed to be a public officer.
Art. 206. Unjust interlocutory order. — Any judge
who shall knowingly render an unjust
NOTE: This article not only includes persons in authority interlocutory order or decree shall suffer the
but also those on lower ranks (cashiers, clerks, etc.) penalty of arresto mayor in its minimum period and
however, janitors and as such, regardless they are suspension; but if he shall have acted by reason of
inexcusable negligence or ignorance and the
regular worker (permanent), they do not belong in this interlocutory order or decree be manifestly unjust, the
article. penalty shall be suspension.
TERMS TO REMEMBER UNDER TITLE SEVEN, viz:

INTERLOCUTORY ORDER
Improper performance of an act One issued by the court deciding a collateral or
which might be properly be incidental matter. It is not a final determination of the
performed issues of the action or proceeding.
MISFEASANCE
Act would be done lawfully but the

PO performed it improperly. Art. 207. Malicious delay in the administration of
justice. — The penalty of prision correccional in its
Performance of an act which ought minimum period shall be imposed upon any judge
to be done guilty of malicious delay in the administration of
MALFEASANCE
justice.
Prohibited act but performed.
NONFEASANCE Omission of an act which ought to
43
Art. 208. Prosecution of offenses; negligence and shall not have been accomplished, the officer shall
tolerance. — The penalty of prision correccional in suffer the penalties of prision correccional, in its
its minimum period and suspension shall be imposed medium period and a fine of not less than twice the
upon any public officer, or officer of the law, who, in value of such gift.
dereliction of the duties of his office, shall
maliciously refrain from instituting prosecution If the object for which the gift was received or
for the punishment of violators of the law, or shall promised was to make the public officer refrain from
tolerate the commission of offenses. doing something which it was his official duty to
do, he shall suffer the penalties of prision
correccional in its maximum period and a fine [of not
EXAMPLES less than the value of the gift and] not less than three
times the value of such gift.
1. Police officers who refuse to arrest/apprehend
the accused. In addition to the penalties provided in the preceding
2. Police officers who were able to apprehend the paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.
criminals but failed to file to the court.
The provisions contained in the preceding
Art. 209. Betrayal of trust by an attorney or paragraphs shall be made applicable to assessors,
solicitor. — Revelation of secrets. — In addition to arbitrators, appraisal and claim commissioners,
the proper administrative action, the penalty of prision experts or any other persons performing public
correccional in its minimum period, or a fine ranging duties.
from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor ( procurador There no such thing as bribery; it must be Direct or
judicial) who, by any malicious breach of
Indirect bribery (DB & iDB).
professional duty or of inexcusable negligence or
ignorance, shall prejudice his client, or reveal any
of the secrets of the latter learned by him in his PARAGRAPH 1
professional capacity. Not required that there is an actual delivery of the gift.
What is required is the mere ACCEPTANCE of the
The same penalty shall be imposed upon an promise or reward.
attorney-at-law or solicitor (procurador judicial) who,
having undertaken the defense of a client or having
received confidential information from said client in a EXAMPLES
case, shall undertake the defense of the opposing
party in the same case, without the consent of his 1. One who present a gift to a public official of
first client. Local Civil Registrar in consideration of the
removal of the former’s marriage certificate
As a lawyer, one must treat all the information of the from the records, the latter may be criminally
client as a secret. liable.
2. Also, one who refrain from prosecuting the
In paragraph 2, a lawyer must seek a consent of his first offense in relation to his duty.
client regarding undertaking of defense of the other 3. A police officer caught one person in fraglante
party. delicto, the latter gave the former a Php
10,000.00 in consideration that he will not be
detained, the former accepted it, thus, it is DB.
Art. 210. Direct bribery. — Any public officer who
shall agree to perform an act constituting a crime, How are we going to treat other crimes?
in connection with the performance of this official
● If the act is performed, adding the clause “in
duties, in consideration of any offer, promise, gift
or present received by such officer, personally or addition to”, the PO will be prosecuted with
through the mediation of another, shall suffer the both DB and the separate crime the other
penalty of prision mayor in its medium and maximum crime(s) committed. There are two crimes.
periods and a fine [of not less than the value of the [NOTE: “In addition to” = separate crimes]
gift and] not less than three times the value of the gift
in addition to the penalty corresponding to the crime PARAGRAPH 2
agreed upon, if the same shall have been committed.
There must be an acceptance/receiving of the gift if the
If the gift was accepted by the officer in act does not constitute a crime.
consideration of the execution of an act which
does not constitute a crime, and the officer EXAMPLE
executed said act, he shall suffer the same penalty
provided in the preceding paragraph; and if said act
44
1. Asking the employee of BIR to fast-track the
present or other valuable thing is given by reason of
transaction, if the latter accepted the gift, that is his official position, regardless of whether or not the
DB. But the act performed is not a crime, there same is for past favor or favors or the giver hopes or
must be an actual acceptance of the gift, in expects to receive a favor or better treatment in the
contrast when PO performed the act that is a future from the public official or employee concerned
crime, the mere promise is sufficient. in the discharge of his official functions. Included
within the prohibition is the throwing of parties or
entertainments in honor of the official or employee or
PARAGRAPH 3
his immediate relatives.”
When the act promise to refrain from performing the
certain act which is required by the law to be performed.
PO is required to do an act but refused to do so EXAMPLE
because of the gift/promise. The gift must also be
accepted. A head of a government agency sent letters to different
businesses, asking for food for a Christmas party, prizes
What must be the nature of the gift? for a raffle, and giveaways of the same. He violated PD
● It must not be of a pecuniary or material in No. 46.
nature, so long as it is a consideration of a
certain act which is a crime or unjust. The act ART. 211-A. Qualified Bribery - If any public officer
must be in connection with the perfomance of is entrusted with law enforcement and he refrains
the PO. from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua
and/or death in consideration of any offer, promise,
Art. 211. Indirect bribery. — The penalties of prision gift or present, he shall suffer the penalty for the
correccional in its medium and maximum periods, offense which was not prosecuted.
and public censure shall be imposed upon any public
officer who shall accept gifts offered to him by If it is the public officer who asks or demands such
reason of his office. gift or present, he shall suffer the penalty of [reclusion
perpetua] DEATH.
Here, there is no expectation from the person giving the
gift or promise. The gift was just given by reason of his The same with dereliction of duty except for the penalty
office. for the crime committed by the person who was
apprehended is Reclusion Perpetua and/or Death and
EXAMPLE then he refuses to prosecute him for consideration.
1. A judge who accepted the latest model of a If the value is not substantial would not give rise to this.
phone for no reason at all from one of the It all depends on the circumstances of the PO.
litigants, will the gift be given to him if not for
his position? The one who GAVE the promise or gift is criminally
● No, it is indirect bribery. This does not liable for the crime of Corruption of Public officials. The
prohibit though if the reason is for one who RECEIVES the money, the public officer, is
gift-giving seasons (Christmas). criminally liable for the crime of either Direct Bribery,
However, it does not mean as well Indirect Bribery, or Qualified Bribery.
that the act committed in the given
situation is not a crime. Gift-giving NOTE: Since the mere promise of the gift is sufficient,
during the gift-giving season is still there could hardly be a FRUSTRATED stage. In crimes
punishable. See statute below: where there is a meeting of the minds (agreement),
seldom do you see a Frustrated stage, thus, it only be
attempted or consummated. In iDB, there is no
PRESIDENTIAL DECREE NO. 4630
frustrated or attempted stage.
“...for any public official or employee, whether of the
national or local governments, to receive, directly or NO FRUSTRATED STAGE IN DB, iDB, or QB.
indirectly, and for private persons to give, or offer to NO FRUSTRATED AND ATTEMPTED IN iDB.
give, any gift, present or other valuable thing on any
occasion, including Christmas, when such gift,
R.A. 301931
30
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND
EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE,
31
GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS dated 10 ANTI-GRAFT AND CORRUPT PRACTICES ACT dated 17 August
November 1972 1960
45
(e) Causing any undue injury to any party, including
Section 2. Definition of terms. As used in this Act, the Government, or giving any private party any
that term unwarranted benefits, advantage or preference in the
(a) "Government" includes the national government, discharge of his official administrative or judicial
the local governments, the government-owned and functions through manifest partiality, evident bad faith
government-controlled corporations, and all other or gross inexcusable negligence. This provision shall
instrumentalities or agencies of the Republic of the apply to officers and employees of offices or
Philippines and their branches. government corporations charged with the grant of
licenses or permits or other concessions.
(b) "Public officer" includes elective and appointive
officials and employees, permanent or temporary, (f) Neglecting or refusing, after due demand or
whether in the classified or unclassified or exempt request, without sufficient justification, to act within a
service receiving compensation, even nominal, from reasonable time on any matter pending before him for
the government as defined in the preceding the purpose of obtaining, directly or indirectly, from
subparagraph. any person interested in the matter some pecuniary
or material benefit or advantage, or for the purpose of
(c) "Receiving any gift" includes the act of accepting favoring his own interest or giving undue advantage
directly or indirectly a gift from a person other than a in favor of or discriminating against any other
member of the public officer's immediate family, in interested party.
behalf of himself or of any member of his family or
relative within the fourth civil degree, either by (g) Entering, on behalf of the Government, into any
consanguinity or affinity, even on the occasion of a contract or transaction manifestly and grossly
family celebration or national festivity like Christmas, disadvantageous to the same, whether or not the
if the value of the gift is under the circumstances public officer profited or will profit thereby.
manifestly excessive.
(h) Directly or indirectly having financing or pecuniary
(d) "Person" includes natural and juridical persons, interest in any business, contract or transaction in
unless the context indicates otherwise. connection with which he intervenes or takes part in
his official capacity, or in which he is prohibited by the
Section 3. Corrupt practices of public officers. In Constitution or by any law from having any interest.
addition to acts or omissions of public officers already
penalized by existing law, the following shall (i) Directly or indirectly becoming interested, for
constitute corrupt practices of any public officer and personal gain, or having a material interest in any
are hereby declared to be unlawful: transaction or act requiring the approval of a board,
panel or group of which he is a member, and which
(a) Persuading, inducing or influencing another public exercises discretion in such approval, even if he
officer to perform an act constituting a violation of votes against the same or does not participate in the
rules and regulations duly promulgated by competent action of the board, committee, panel or group.
authority or an offense in connection with the official
duties of the latter, or allowing himself to be Interest for personal gain shall be presumed against
persuaded, induced, or influenced to commit such those public officers responsible for the approval of
violation or offense. manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to
(b) Directly or indirectly requesting or receiving any which they belong.
gift, present, share, percentage, or benefit, for himself
or for any other person, in connection with any (j) Knowingly approving or granting any license,
contract or transaction between the Government and permit, privilege or benefit in favor of any person not
any other part, wherein the public officer in his official qualified for or not legally entitled to such license,
capacity has to intervene under the law. permit, privilege or advantage, or of a mere
representative or dummy of one who is not so
(c) Directly or indirectly requesting or receiving any qualified or entitled.
gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the (k) Divulging valuable information of a confidential
public officer, in any manner or capacity, has secured character, acquired by his office or by him on account
or obtained, or will secure or obtain, any Government of his official position to unauthorized persons, or
permit or license, in consideration for the help given releasing such information in advance of its
or to be given, without prejudice to Section thirteen of authorized release date.
this Act.
The person giving the gift, present, share, percentage
(d) Accepting or having any member of his family or benefit referred to in subparagraphs (b) and (c); or
accept employment in a private enterprise which has offering or giving to the public officer the employment
pending official business with him during the mentioned in subparagraph (d); or urging the
pendency thereof or within one year after its divulging or untimely release of the confidential
termination. information referred to in subparagraph (k) of this
section shall, together with the offending public
46
officer, be punished under Section nine of this Act the complaint, constitute the latter; and an offense
and shall be permanently or temporarily disqualified charged is necessarily included in an offense proved
in the discretion of the Court, from transacting when the essential ingredients of the former
business in any form with the Government. constitute or form a part of those constituting the
latter.
SEC. 3(A) A comparison of the elements of the crime of direct
Requesting or receiving any gift present is not required, bribery defined and punished under RPC and those
even he did not received any amount but he persuaded violation of Sec.3 (b) of RA 3019 shows that there is
or induce other to perform an act, commits this crime. neither identity nor necessary inclusion between the
two offenses although the two charges against the
petitioner stemmed from the same transaction, the
SEC. 3(B)
same act gave rise to two separate and distinct
The person is liable as one who intervene in any offense.
contract.
JUANITO MERENCILLO v PEOPLE CASING v OMBUDSMAN

521 SCRA 31, G.R. 142369-70 G.R. NO. 192334
Facts: Juanito Merencillo was charged of violation of There was a found probable cause against the
Sec. 3 (b) of RA 3019 and Direct bribery. Petitioner petitioner for violation of Section 3 (b), R.A. No. 3019,
demanded from private complainant Ma. Angeles which reads:
Ramasola Cesar P20,000.00 in exchange for the
approval of the Certificate Authorizing Registration Section 3. Corrupt practices of public officers. In
(CAR). Due to the repeated demand of the petitioner addition to acts or omissions of public officers already
and delaying the release of CAR, private complainant penalized by existing law, the following shall
seek the help of the authorities. As a result, petitioner constitute corrupt practices of any public officer and
was caught in the entrapment instituted by the police. are hereby declared to be unlawful:
Xxxx
After trial, the RTC found petitioner guilty as charged.
Petitioner appealed the decision to the (b) Directly or indirectly requesting or receiving any
Sandiganbayan which was denied affirming the RTC gift, present, share, percentage, or benefit, for himself
decision. Hence, this petition for review of certiorari, or for any other person, in connection with any
contending that he was twice in jeopardy when he contract or transaction between the Government and
was prosecuted for violation of Sec. 3 (b) of RA 3019 any other part, wherein the public officer in his official
and for direct bribery. capacity has to intervene under the law. [emphasis
and italics supplied]
Issue: WON the petitioner was placed in double
jeopardy. The Ombudsman found:
Holding: No. Section 3(b) of RA 3019 begins with the In the present case, [the petitioner] indirectly
following statement: Sec.3 In addition to acts or demanded and received a share from the salary of
omissions of public officers already penalized by complainants, as a consideration for having
existing law, the following acts shall constitute corrupt successfully employed the latter as traffic enforcers in
practices of any public officer and are hereby the former’s area of jurisdiction. Complainants’
declared unlawful. employment/commission as traffic enforcers is by
virtue of a contract to render service to which [the
One may therefore be charged with violation of RA petitioner] has the capacity to intervene through the
3019 in addition to a felony under the RPC for the exercise of his recommendatory powers for the hiring
same delictual act, that is, either concurrently or or employment of the [complainants].
subsequent to being charged with a felony under the
RPC. There is no double jeopardy if a person is SEC. 3(C)
charged simultaneously of successively for violation
The PO here has secured/obtained any gov’t permit for
of the Sec.3 of RA 3019 and the RPC. The rule
against double jeopardy prohibits twice placing a another person, acts as middle man/fixers and receives
person in jeopardy of punishment for the same SOP.
offense. The test is whether one offense is identical
with the other or is an attempt to commit it or a
frustration thereof; or whether one offense DEMETRIO TECSON v SANDIGANBAYAN
necessarily includes or os necessarily included in the G.R. NO. 123045
other, as provided in Sec.7 of Rule 117 of the Rules
of Court. An offense charged necessarily includes As correctly pointed out by the Sandiganbayan, all of
that which is proved when some of the essential the aforementioned elements concur in the instant
elements or ingredients of the former, as alleged in case. Its findings on this concurrence are as follows:
47
judicial or official functions; (2) he must have acted
First, Tecson was in September 1989 a public officer, with manifest partiality, evident bad faith or gross
being then the Municipal Mayor of Prosperidad, inexcusable negligence; and (3) his action caused
Agusan del Sur. any undue injury to any party, including the
government, or gave any private party unwarranted
Second, in his official capacity as Mayor, he signed benefits, advantage or preference in the discharge of
and issued on September 27, 1989, a Mayor's Permit his functions. As to the first element, there is no
to and in the name of Mrs. Luzana for their question that petitioners are public officers.
investment business in which he does not appear to
have made any contribution to the capital. The acused shall be in the jurisdiction of Sandigan
bayan because Governor’s salary grade is more than
Third, before he released the Mayor's Permit to Mrs. 27 and Apelado is a co-accused even though he has
Luzana, he requested and received on that same day, only a salary grade of 22. As to the second element,
September 27, 1989, at about 11:00 a.m., the amount SC find that petitioners displayed manifest partiality
of P4,000.00 to be used by him in the fiesta to be and evident bad faith in transferring the detention of
held on September 29, 1989. Mayor Adalim to petitioner Ambil, Jr.s house.
And, fourth, Tecson requested and received the There is no merit to petitioner Ambil, Jr.s contention
amount of P4,000.00 as cash advance in that he is authorized to transfer the detention of
consideration of the help he gave—viz, issuance of prisoners by virtue of his power as the Provincial
Mayor's Permit which he would not deliver to Mrs. Jailer of Eastern Samar. As to there third element it is
Luzana unless she acceded to his request. also present. In the case at hand, the Information
specifically accused petitioners of giving unwarranted
Although Tecson expected to have a share in the benefits and advantage to Mayor Adalim, a public
profits of the business as partner of Mrs. Luzana, the officer charged with murder, by causing his release
same was not yet due. In fact, there was as yet no from prison and detaining him instead at the house of
profits to speak of, for they began operating only in petitioner Ambil, Jr.
the morning of September 27, 1989, the very day the
cash advance was requested and received. Petitioner Ambil, Jr. negates the applicability of
Section 3(e), R.A. No. 3019 in this case on two
The Supreme Court is not a trier of facts and the points. First, Section 3(e) is not applicable to him
factual findings of the Sandiganbayan are conclusive allegedly because the last sentence thereof provides
upon the Supreme Court. The exceptions are: (1) that the provision shall apply to officers and
where the conclusion is a finding grounded entirely employees of offices or government corporations
on speculation, surmise and conjectures; (2) where charged with the grant of licenses, permits or other
the inference made is manifestly mistaken; (3) where concessions and he is not such government officer or
there is grave abuse of discretion; (4) where the employee. Second, the purported unwarranted
judgment is based on misapprehension of facts, and benefit was accorded not to a private party but to a
the findings of fact of the Sandiganbayan are public officer.
premised on the absence of evidence and are
contradicted by evidence on record.
SEC. 3(F)
The SC have meticulously scrutinized the records of If one demand for the fast-tracking of transaction, but
this case and find that petitioner has shown no cause the PO refused to do so with intention of getting
for this Court to apply any of the foregoing something from, there’s a violation.
exceptions. Likewise, it find that the evidence on
record amply supports the findings and conclusions
SEC. 3(G)
of the respondent court.
If there’s no amount involve, but the PO entered into a
contract on behalf of the gov’t, this was usually
SEC. 3(D) committed in projects (infrastructure) where there is a
This is akin to that in entertainment industry. One will negotiated bidding.
approve a certain business if you will employ to your
company the latter’s son.
R.A. 3019
SEC. 3(E)
Section 4. Prohibition on private individuals. (a) It
shall be unlawful for any person having family or
AMBIL, JR. v SANDIGANBAYAN close personal relation with any public official to
G.R. NO. 175457 capitalize or exploit or take advantage of such family
or close personal relation by directly or indirectly
In order to hold a person liable under this provision, requesting or receiving any present, gift or material or
the following elements must concur: (1) the accused pecuniary advantage from any other person having
must be a public officer discharging administrative, some business, transaction, application, request or
contract with the government, in which such public
48
official has to intervene. Family relation shall include thereafter, as well as upon the expiration of his term
the spouse or relatives by consanguinity or affinity in of office, or upon his resignation or separation from
the third civil degree. The word "close personal office, shall prepare and file with the office of the
relation" shall include close personal friendship, corresponding Department Head, or in the case of a
social and fraternal connections, and professional Head of Department or chief of an independent office,
employment all giving rise to intimacy which assures with the Office of the President, or in the case of
free access to such public officer. members of the Congress and the officials and
employees thereof, with the Office of the Secretary of
(b) It shall be unlawful for any person knowingly to the corresponding House, a true detailed and sworn
induce or cause any public official to commit any of statement of assets and liabilities, including a
the offenses defined in Section 3 hereof. 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
SANTILLANO v PEOPLE preceding calendar year: Provided, That public
G.R. NO. 175045 officers assuming office less than two months before
the end of the calendar year, may file their statements
The Court held that even private persons can be held in the following months of January.
liable under RA 3019. While Santillano asserted that
the Sandiganbayan allegedly inserted an additional Section 8. Dismissal due to unexplained wealth. If
phrase to the law in order to have a legal basis in in accordance with the provisions of Republic Act
holding him liable, the Court dismissed this as without Numbered One thousand three hundred
merit. seventy-nine, a public official has been found to have
acquired during his incumbency, whether in his name
The law clearly punishes not only public officers who or in the name of other persons, an amount of
committed prohibited acts under sec. 3, but also property and/or money manifestly out of proportion to
those who induce or cause the public official to his salary and to his other lawful income, that fact
commit those offenses. Sec. 9 includes private shall be a ground for dismissal or removal. Properties
persons as liable for violations under Secs. 3, 4, 5, in the name of the spouse and unmarried children of
and 6. Go, citing Luciano v. Estrella, Singian, Jr. v. such public official may be taken into consideration,
Sandiganbayan and Domingo v. Sandiganbayan, when their acquisition through legitimate means
states that private persons found acting in cannot be satisfactorily shown. Bank deposits shall
conspiracy with public officers may be held liable be taken into consideration in the enforcement of this
for the applicable offenses found in Sec. 3 of RA section, notwithstanding any provision of law to the
3019. contrary.
Santillano still asserts that there is no proof of

conspiracy since the Sandiganbayan itself stated that Art. 213. Frauds against the public treasury and
there is no proof of actual agreement among the similar offenses. — The penalty of prision
accused to commit violations of RA 3019. However, correccional in its medium period to prision mayor in
the Court held that conspiracy in the case of the its minimum period, or a fine ranging from 40,000 to
petitioner is not unfounded. 2,000,000 pesos, or both, shall be imposed upon any
public officer who:
The prosecution in all three cases was able to
establish that Ecleo. Jr. and Navarra approved of 1. In his official capacity, in dealing with any person
overpayments made to Santillano. Ecleo and Navarra with regard to furnishing supplies, the making of
were parties to an agreement that approved contracts, or the adjustment or settlement of accounts
disbursement of funds for a bogus municipal guest relating to public property or funds, shall enter into an
house and they could not come up with a plausible agreement with any interested party or speculator or
justification for such. make use of any other scheme, to defraud the
Government;
Santillano, on the other hand, was indisputably on the
receiving end of the overpayments and even issued 2. Being entrusted with the collection of taxes,
receipts for them. All these undeniable circumstances licenses, fees and other imposts, shall be guilty or
lead to the logical conclusion that all three accused any of the following acts or omissions:
acted in a concerted effort to deprive the government
of its much needed fund. (a) Demanding, directly, or indirectly, the payment
of sums different from or larger than those authorized
by law.
R.A. 3019
(b) Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
Section 7. Statement of assets and liabilities.
officially.
Every public officer, within thirty days after the
approval of this Act or after assuming office, and
(c) Collecting or receiving, directly or indirectly, by
within the month of January of every other year
49
way of payment or otherwise things or objects of a guilty of the misappropriation or malversation of such
nature different from that provided by law. funds or property, shall suffer:
When the culprit is an officer or employee of the 1. The penalty of prision correccional in its medium
Bureau of Internal Revenue or the Bureau of and maximum periods, if the amount involved in the
Customs, the provisions of the Administrative Code misappropriation or malversation does not exceed
shall be applied. 40,000 pesos.
2. The penalty of prision mayor in its minimum and

How about those sideline, where they require you a medium periods, if the amount involved is more than
loose docstamp and they will ask for 30 pesos as 200,000 pesos but does not exceed 1,200,000 pesos.
purchase price, is fraud present?
● Doc Stamp, the payment thereof is collected 3. The penalty of prision mayor in its maximum period
under BIR, hence, it also falls under this article. to reclusion temporal in its minimum period, if the
amount involved is more than 1,200,000 pesos but is
less than 2,400,000 pesos.
Art. 214. Other frauds. — In addition to the penalties
prescribed in the provisions of Chapter Six, Title Ten, 4. The penalty of reclusion temporal, in its medium
Book Two, of this Code, the penalty of temporary and maximum periods, if the amount involved is more
special disqualification in its maximum period to than 2,400,000 pesos but is less than 4,400,000
perpetual special disqualification shall be imposed pesos. If the amount exceeds the latter, the penalty
upon any public officer who, taking advantage of his shall be reclusion temporal in its maximum period to
official position, shall commit any of the frauds or reclusion perpetua.
deceits enumerated in said provisions.
In all cases, persons guilty of malversation shall also
suffer the penalty of perpetual special disqualification
and a fine equal to the amount of the funds
Art. 215. Prohibited transactions. — The penalty of
malversed or equal to the total value of the property
prision correccional in its maximum period or a fine
embezzled.
ranging from 40,000 to 200,000 pesos, or both, shall
be imposed upon any appointive public officer who,
The failure of a public officer to have duly forthcoming
during his incumbency, shall directly or indirectly
any public funds or property with which he is
become interested in any transaction of exchange or
chargeable, upon demand by any duly authorized
speculation within the territory subject to his
officer, shall be prima facie evidence that he has put
jurisdiction.
such missing funds or property to personal use. (As
amended by RA 1060).
Art. 216. Possession of prohibited interest by a

public officer. — The penalty of arresto mayor in its The penalty is dependent on the amount involved.
medium period to prision correccional in its minimum
period, or a fine ranging from 40,000 to 200,000 Malversation does not only involve cash. This also
pesos, or both, shall be imposed upon a public officer applies when public properties was being used for the
who directly or indirectly, shall become interested in
PO’s interest, so long as these properties are in the
any contract or business in which it is his official duty
to intervene. custody or function of POs.
This provisions is applicable to experts, arbitrators EXAMPLES

and private accountants who, in like manner, shall 1. When a PO was audited, finding out that the
take part in any contract or transaction connected fund is lost about 150 pesos, he took out the
with the estate or property in appraisal, distribution or same from his wallet, replacing the amount,
adjudication of which they shall have acted, and to
and reimbursed later. Is he criminally liable for
the guardians and executors with respect to the
property belonging to their wards or estate. malversation?
● No. In fact, there was a good faith in
his part and the state did not incurred
Art. 217. Malversation of public funds or property; any injury.
Presumption of malversation. — Any public officer
who, by reason of the duties of his office, is 2. A police officer, their firearms were public
accountable for public funds or property, shall properties, they official capacity, they are
appropriate the same or shall take or
carrying a public property. One police officer
misappropriate or shall consent, through
abandonment or negligence, shall permit any was audited, his firearm was missing,
other person to take such public funds, or demanded to restore the same, to deliver it to
property, wholly or partially, or shall otherwise be proper authorities but he failed to do so. Can
50
be held criminally liable for malversation of
1) Through misappropriation, conversion, misuse, or
Public property? malversation of public funds or raids on the public
● Yes. Once there was a DEMAND and treasury;
PO failed to account the public
property/funds it gives raise that he 2) By receiving, directly or indirectly, any commission,
misappropriated the same. 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
3. If there is conspiracy, private indi may be
by reason of the office or position of the public officer
criminally liable for malversation. concerned;
4. A PO who also acts a collection for his debts,
was audited and ascertained the amount, he 3) By the illegal or fraudulent conveyance or
took out the money later and deposited in his disposition of assets belonging to the National
own account. It turned out that the 5k is from Government or any of its subdivision, agencies or
the debt he collected. Is he liable? instrumentalities or government –owned or controlled
corporations and their subsidiaries;
● Any funds which for comingled with
public funds is considered to be a 4) By obtaining, receiving or accepting directly, or
public fund. This also include where indirectly any shares of stock, equity or any other
he allowed other people to malverse form of interest or participation including the promise
the public funds. of future employment in any business enterprise or
undertaking;
R.A. 708032 5) By establishing agricultural, industrial or

commercial monopolies or other combinations and/or
Section 2. Definition of the Crime of Plunder; implementation of decrees and orders intended to
Penalties. — Any public officer who, by himself or in benefit particular person or special interests; or
connivance with members of his family, relatives by
affinity or consanguinity, business associates, 6) By taking undue advantage of official position,
subordinates or other persons, amasses, authority, relationship, connection, or influence to
accumulates or acquires ill-gotten wealth through a unjustly enrich himself or themselves at the expense
combination or series of overt or criminal acts as and to the damage and prejudice of the Filipino
described in Section 1(d) hereof in the aggregate people and the Republic of the Philippines.
amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of and c) that the aggregate amount or total value of the
plunder and shall be punished by reclusion perpetua ill-gotten wealth is at least Fifty Million Pesos
to death. Any person who participated with the said (P50,000,000.00).
public officer in the commission of an offense
contributing to the crime of plunder shall likewise be Does the phrase "combination or series of overt or
punished for such offense. In the imposition of criminal acts described in Section 1 (d)" mean that
penalties, the degree of participation and the the "criminal acts" merely constitute the means to
attendance of mitigating and extenuating commit plunder? Or does it mean that those "criminal
circumstances, as provided by the Revised Penal acts," are essential elements of plunder?
Code, shall be considered by the court. The court
shall declare any and all ill-gotten wealth and their Since it is not necessary to prove each criminal act,
interests and other incomes and assets including the the inevitable conclusion is that Mr. Estrada may be
properties and shares of stocks derived from the convicted of the crime of plunder without the Justices
deposit or investment thereof forfeited in favor of the of the Sandiganbayan "unanimously" deciding which
State. (As amended by RA 7659, approved Dec. 13, two of the four criminal acts have actually been
1993.) committed. In short, all that R.A. No. 7080 requires is
that each Justice must be convinced of the existence
of a "combination or series."
ESTRADA v SANDIGANBAYAN and PEOPLE
G.R. NO. 148560 As to which criminal acts constitute a combination or
series, the Justices need not be in full agreement.
Under R.A. No 7080, as amended, the essential Surely, this would cover-up a wide disagreement
elements of the crime of plunder are: a) that the among them about just what the accused actually did
offender is a public officer; b) that he amasses, or did not do. Stated differently, even if the Justices
accumulates or acquires ill-gotten wealth through a are not unified in their determination on what criminal
combination or series of overt or criminal acts acts were actually committed by the accused, which
described in Section 1 (d), to wit: need not be proved under the law, still, they could
convict him of plunder.
Considering that what R.A. No. 7080 punishes is the

32
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER plurality of criminal acts indicative of the grand
dated 12 July 1991
51
● The fund must be appropriated by law
scheme or conspiracy to amass ill-gotten wealth, it is
imperative to focus upon the individual "criminal acts" (ordinance). If the budget/fund is for general
in order to assure the guilt of the accused of plunder. use, not specified by an ordinance, there is no
technical malversation.
Art. 218. Failure of accountable officer to render NOTE: THERE MUST BE A LAW/ORDINANCE,
accounts. — Any public officer, whether in the WHICH THE FUND IS APPROPRIATED FOR IT TO BE
service or separated therefrom by resignation or any CONSIDERED AS A VIOLATION UNDER THIS
other cause, who is required by law or regulation ARTICLE.
to render account to the Commission on Audit, or
to a provincial auditor and who fails to do so for a
period of two months after such accounts should Art. 221. Failure to make delivery of public funds
be rendered, shall be punished by prision or property. — Any public officer under obligation
correccional in its minimum period, or by a fine to make payment from Government funds in his
ranging from 40,000 to 1,200,000 pesos, or both. possession, who shall fail to make such payment,
shall be punished by arresto mayor and a fine from 5
to 25 per cent of the sum which he failed to pay.
Here the PO must be accountable officer for public
funds or property. The punishable act is the failure to This provision shall apply to any public officer who,
render an accounting. being ordered by competent authority to deliver any
property in his custody or under his administration,
shall refuse to make such delivery.
Art. 219. Failure of a responsible public officer to
render accounts before leaving the country. — The fine shall be graduated in such case by the value
Any public officer who unlawfully leaves or of the thing, provided that it shall not less than 10,000
attempts to leave the Philippines without securing pesos.
a certificate from the Commission on Audit showing
that his accounts have been finally settled, shall be
punished by arresto mayor, or a fine ranging from
40,000 to 200,000 pesos or both. Art. 222. Officers included in the preceding
provisions. — The provisions of this chapter shall
apply to private individuals who in any capacity
whatever, have charge of any insular, provincial
Art. 220. Illegal use of public funds or property. — or municipal funds, revenues, or property and to
Any public officer who shall apply any public fund or any administrator or depository of funds or
property under his administration to any public property attached, seized or deposited by public
use other than for which such fund or property authority, even if such property belongs to a private
were appropriated by law or ordinance shall suffer individual.
the penalty of prision correccional in its minimum
period or a fine ranging from one-half to the total of
the sum misapplied, if by reason of such A sheriff, after taking the defendant’s property to the
misapplication, any damages or embarrassment shall court, the vehicle got into trouble, the former told the
have resulted to the public service. In either case, the latter’s neighbor to look after the things. But the
offender shall also suffer the penalty of temporary
neighbor is the friend of defendant and the latter asked
special disqualification.
the neighbor to get the property belongs to the
If no damage or embarrassment to the public service defendant. Can the neighbor be liable?
has resulted, the penalty shall be a fine from 5 to 50 ● Yes.
per cent of the sum misapplied.
Art. 223. Conniving with or consenting to evasion.

This article talks about technical malversation. — Any public officer who shall consent to the
escape of a prisoner in his custody or charge,
How is it committed? shall be punished:
● In a city, if there’s a project, it must be passed
1. By prision correccional in its medium and
as a law (ordinance), approving the
maximum periods and temporary special
budget/fund thereof. Before the project could disqualification in its maximum period to perpetual
even start, the barangay captain of one special disqualification, if the fugitive shall have been
barangay made some remarks on the radio sentenced by final judgment to any penalty.
which is critical on the mayor. The latter
cancelled the project and transferred it to other 2. By prision correccional in its minimum period and
temporary special disqualification, in case the fugitive
barangay. Can the mayor do that? NO. There
shall not have been finally convicted but only held as
is a violation under Article 220.
52
a detention prisoner for any crime or violation of law negligence under Art. 224. This neglect may be dealt
or municipal ordinance. with administratively only.
It is required that PO charge the prisoner and the latter However,

escape of the PO’s custody.
RODILLAS v SANDIGANBAYAN
G.R. NO. L-58652
EXAMPLES
1. A jail guard allows the prisoner to go home at FACTS: Accused Rodillas was charged with infidelity
night and return in the morning since the in the custody of prisoners. The accused, a police
latter’s home is near the jail. Is he liable? officer, was tasked with the custody of a detention
● Affirmative. Evasion does not required prisoner charged with the crime of violating the
Dangerous Drugs Act. After the hearing, the husband
that the prisoner totally escape. If he
of the accused sought permission from the accused
is allowed to go home and sleep at to have lunch with the detainee. The accused
night that would nullify the purpose of consented. Later on, the detainee asked to go to the
imprisonment, the act is conniving comfort room. After 10 minutes, the accused became
with or consenting to evasion. suspicious and entered the comfort room. Thereafter,
2. What is the criminal liabiity of the prisoner? he realized that the detainee had already escaped.
● It depends. If the prisoner evaded is in
HELD/RATIO: The accused was found guilty. In the
custody of final judgment, there’s an
crime of infidelity in the custody of prisoners, the
evasion of sentence, however if not, offender may be liable even if he acted negligently or
he is not criminally liable. even if he did not connive with the prisoner. It is the
3. If there is a regularity on the act committed, duty of any police officer having custody of a
then, there is a violation unter this article. prisoner to take necessary precautions to assure
4. If the prisoner asked for permission to buy a the absence of any means of escape.
food in a store beside the jail, the jail guard
A failure to undertake these precautions will make his
granted provided that the former will not go out act one of definite laxity or negligence amounting to
of his sight. But the prisoner fled away upon deliberate nonperformance of duty. His tolerance of
reaching the af distance from that of the jail arrangements whereby the prisoner and her
guard. Basically, the jail guard did not connive. companions could plan and make good her escape
Can the jail guard be liable? should have aroused the suspicion of a person of
● It’s true that he may not be liable ordinary prudence.
under Art. 223, leniency does not
constitute conniving with. Thus, Art. NOTE: If the jail guard is off-duty, he has no liability of
224 is the applicable provision herein. that prisoner. Instead, the latter, if the same act made,
the violation will be delivering prisoners from jail.
Art. 224. Evasion through negligence. — If the
evasion of the prisoner shall have taken place Art. 225. Escape of prisoner under the custody of
through the negligence of the officer charged with a person not a public officer. — Any private person
the conveyance or custody of the escaping to whom the conveyance or custody or a prisoner or
prisoner, said officer shall suffer the penalties of person under arrest shall have been confided, who
arresto mayor in its maximum period to prision shall commit any of the offenses mentioned in the
correccional in its minimum period and temporary two preceding articles, shall suffer the penalty next
special disqualification. lower in degree than that prescribed for the public
officer.
PEOPLE v NAVA
CA., 36 O.G. 316 How is this committed?
Facts: A policeman permitted a prisoner under his If a PO was able to apprehend a person caught in
guard to answer a call of nature in a hidden shed fraglante delicto, without warrant, the same has no
outside of the building. The policeman remained near vehicle so what he did is he handcuffed the prisoner and
the prisoner by the door. The prisoner escaped told the occupant to watch over the prisoner. The owner
through the back of the bath which was in a
tumbledown condition. agreed. The prisoner was able to sweet talk the owner,
then agreed, freeing the prisoner thereof. The private
Held: Not every little mistake or distraction of a individual is criminally liable for Art. 225.
guard leading to prisoner's taking advantage of a
dilapidated condition of the building he finds in, is
53
But this is not applicable to that of citizen’s arrest. No
ART. 230. Public officer revealing secrets of
liability since there the PO did not entrusted the prisoner private individual. - Any public officer to whom the
to the private individual. secrets of any private individual shall become known
by reason of his office who shall reveal such secrets.
shall suffer the penalties of arresto mayor and a fine
ART. 226. Removal, concealment, or destruction not exceeding Two hundred thousand pesos
of documents. - Any public officer who shall remove, (P200,000).
destroy or conceal documents or papers officially
entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not ART. 231. Open disobedience. - Any judicial or
exceeding Two hundred thousand pesos (P200,000), executive officer who shall openly refuse to execute
whenever serious damage shall have been caused the judgment, decision or order of any superior
thereby to a third party or to the public interest. authority made within the scope of the jurisdiction of
the latter and issued with all the legal formalities,
2. The penalty of prision correccional in its minimum shall suffer the penalties of arresto mayor in its
and medium period and a fine not exceeding Two medium period to prision correccional in its minimum
hundred thousand pesos (P200.000). whenever the period, temporary special disqualification in its
damage caused to a third party or to the public maximum period and a fine not. exceeding Two
interest shall not have been serious. hundred thousand pesos (P200,000)
In either case, the additional penalty of temporary

special disqualification in its maximum period to Art. 232. Disobedience to order of superior
perpetual disqualification shall be imposed. officers, when said order was suspended by
inferior officer. — Any public officer who, having for
any reason suspended the execution of the orders of
ART. 227. Officer breaking seal. - Any public officer his superiors, shall disobey such superiors after the
charged with the custody of papers or property latter have disapproved the suspension, shall suffer
sealed by proper authority, who shall break the seals the penalties of prision correccional in its minimum
or permit them to be broken, shall suffer the penalties and medium periods and perpetual special
of prision correccional in its minimum and medium disqualification.
periods, temporary special disqualification and a fine
not exceeding Four hundred thousand pesos
(P400,000). ART. 233. 'Refusal of assistance. - The penalties of
arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special
ART. 228. Opening of closed documents. - Any disqualification and a fine not exceeding Two hundred
public officer not included in the provisions of the next thousand pesos (P200,000), shall be imposed upon a
preceding article who, without proper authority, shall public officer who. upon demand from competent
open or shall permit to be opened any closed papers, authority, shall fail to lend his cooperation towards the
documents or objects entrusted to his custody, shall administration of justice or other public service, if
suffer the penalties of arresto mayor, temporary such failure shall result in serious damage to the
special disqualification and a fine not exceeding Four public interest, or to a third party: otherwise, arresto
hundred thousand pesos (P400,000). mayor in its medium and maximum periods and a fine
not exceeding One hundred thousand pesos (P
100,000) shall be imposed
ART. 229. Revelation of secrets by an officer. -
Any public officer who shall reveal any secret known
to him by reason of his official capacity, or shall ART. 234. Refusal to discharge elective office. -
wrongfully deliver papers or copies of papers of which The penalty of arresto mayor or a fine not exceeding
he may have charge and which should not. be Two hundred thousand pesos (P200,000), or both,
published, shall suffer the penalties of prision shall be imposed upon any person who. having been
correccional in its medium and maximum periods, elected by popular election to a public office, shall
perpetual special disqualification and a fine not refuse without legal motive to be sworn in or to
exceeding Four hundred thousand pesos (P400,000) discharge the duties of said office.
if the revelation of such secrets or the delivery of
such papers shall have caused serious damage to
the public interest: otherwise, the penalties of prision ART. 235. Maltreatment of prisoners. - The penalty
correccional in its minimum period, temporary of prision correccional in its medium period to prision
special, disqualification and a fine not exceeding One mayor in its minimum period, in addition to his liability
hundred thousand pesos (P100.000) shall be for the physical injuries or damage caused, shall be
imposed. imposed upon any public officer or employee who
shall overdo himself in the correction or handling
of a prisoner or detention prisoner under his
54
the absence of the actual charge, there is no
charge, by the imposition of punishments not
authorized by the regulations, or by inflicting violation thereof.
such punishments in a cruel and humiliating
manner. NOTE: THE PERSON MUST BE A PRISONER FIRST.
If the purpose of the maltreatment is to extort a

confession, or to obtain some information from the ART. 236. Anticipation of duties of a public office.
prisoner, the offender shall be punished by prision - Any person who shall assume the performance of
mayor in its minimum period, temporary special the duties and powers of any public officer or
disqualification and a fine not exceeding One employment, without first, being sworn in or
hundred thousand pesos (P100,000), in addition to having given the bond required by law. shall be
his liability for the physical injuries or damage suspended from such office or employment until he
caused. shall have complied with the respective formalities
and shall be fined from Forty thousand pesos
(P40,000) to One hundred thousand pesos
EXAMPLES (P100,000).
1. A prisoner was maltreated. If it so severe, the

ELEMENTS:
latter suffered serious physical injuries. How
● That the offender is entitled to hold a public
are you going to treat other crimes? Should it
office or employment, either by election or
be separate, complex, or absorbed?
appointment.
● Separate. There will be one case for
● That the law requires that he should first be
Art. 235 and injuries sustained.
sworn in and/or should first give a bond.
● That he assumes the performance of the duties
2. Despite the several warnings of the police
and powers of such office.
officer, the person did not stop and continue to
● That he has not taken his oath of office and/or
run away, and took a kilometer to apprehend
given the bond required by law.
that person. Agitated, he punched the person’s
face, losing some of his tooth. Can the act
considered maltreatment of prisoners? ART. 237. Prolonging performance of duties and
● For this violation to arise, the person powers. - Any public officer who shall continue to
must be a prisoner. How can that be exercise the duties and powers of his office,
employment or commission, beyond the period
done? A person must be recorded as provided by law. regulation or special provisions
a prisoner in the logbook. Thus, in the applicable to the case, shall suffer the penalties of
given case, that person is not yet a prision correccional in its minimum period, special
prisoner within the purview of Article temporary disqualification in its minimum period and
235. The same applies when a person a fine not exceeding One hundred thousand pesos
was just apprehended and then (P100,000).
handcuffed at the police station.
A public officer who has been suspended, separated,
3. This also includes asking someone to do such declared overaged, or dismissed cannot continue to
maltreatment to the prisoner. If the system in perform the duties of his office. PO’s term already
the detention facility is being made as such, ended/expired but still continue to perform his past
there is a violation under Art. 235. duties.
4. Same goes when prisoners were paraded

Art. 238. Abandonment of office or position. —
along the streets with signages stating “Rapist
Any public officer who, before the acceptance of his
ako, wag tularan.” It is considered as cruel and resignation, shall abandon his office to the
an overdoing of imposition of punishment. detriment of the public service shall suffer the
penalty of arresto mayor.
Will the maltreatment of the prisoners outside the
jurisdiction of the police officer absolved the latter in If such office shall have been abandoned in order
committing this crime? to evade the discharge of the duties of
preventing, prosecuting or punishing any of the
● There must be an actual charge of a prisoner.
crime falling within Title One, and Chapter One of
If police officer A from Station A went to the Title Three of Book Two of this Code, the offender
holding area and allowed to maltreat the shall be punished by prision correccional in its
prisoner, he will become the part of the officers minimum and medium periods, and by arresto mayor
who conducted the maltreatment. However, if if the purpose of such abandonment is to evade the
police officer A merely entered the Station B, in
55
duty of preventing, prosecuting or punishing any jurisdiction of the courts of justice shall suffer the
other crime. penalty of arresto mayor and a fine not exceeding
One hundred thousand pesos (P100,000).
ELEMENTS:
● That the offender is a public officer. ART. 244. Unlawful appointments. - Any public
● That he formally resigns from his position. officer who shall knowingly nominate or appoint to
● That his resignation has not yet been any public office any person lacking the legal
accepted. qualifications therefor, shall suffer the penalty of
● That he abandons his office to the detriment of arresto mayor and a fine not exceeding Two hundred
the public service. thousand pesos (P200,000).
There must be a written or formal resignation and not

Art. 245. Abuses against chastity; Penalties. —
merely made orally.
The penalties of prision correccional in its medium
and maximum periods and temporary special
ART. 239. Usurpation of legislative powers. - The disqualification shall be imposed:
penalties of prision correccional in its minimum
period, temporary special disqualification and a fine 1. Upon any public officer who shall solicit or
not exceeding Two hundred thousand pesos make immoral or indecent advances to a woman
(P200,000), shall be imposed upon any public interested in matters pending before such officer
officer who shall encroach upon the powers of for decision, or with respect to which he is required
the legislative branch of the Government, either to submit a report to or consult with a superior officer;
by making general rules or regulations beyond
the scope of his authority, or by attempting to 2. Any warden or other public officer directly
repeal a law or suspending the execution thereof. charged with the care and custody of prisoners or
persons under arrest who shall solicit or make
immoral or indecent advances to a woman under his
One who acted as a member of legislative branch. custody.
If the person solicited be the wife, daughter, sister of

Art. 240. Usurpation of executive functions. — relative within the same degree by affinity of any
Any judge who shall assume any power pertaining person in the custody of such warden or officer, the
to the executive authorities, or shall obstruct the penalties shall be prision correccional in its minimum
latter in the lawful exercise of their powers, shall and medium periods and temporary special
suffer the penalty of arresto mayor in its medium disqualification.
period to prision correccional in its minimum period.
The law only considers WOMEN as to the one who has

Art. 241. Usurpation of judicial functions. — The chastity.
penalty of arresto mayor in its medium period to
prision correccional in its minimum period and shall PARAGRAPH 1
be imposed upon any officer of the executive branch If the woman had a transaction in the office and the
of the Government who shall assume judicial public officer solicits, make immoral or indecent
powers or shall obstruct the execution of any advances. It is not required that there must be an actual
order or decision rendered by any judge within its
elicit activities. The law only requires solicitation.
jurisdiction.
EXAMPLES
ART. 242. Disobeying request for disqualification: 1. When the PO invited her for a dinner, knowing
- Any public officer who, before the question of fully well the woman has a transaction, and
jurisdiction is decided, shall continue any having a difficulty in saying no.
proceeding after having been lawfully required to 2. PO is persistent on making romantic dinner.
refrain from so doing, shall be punished by arresto
mayor and a fine not exceeding One hundred PARAGRAPH 2
thousand pesos (P100,000).
What if the woman agree, not because of fear, then the
jail guard threatened her. They had sexual relationship.
There was no showing that the jail guard abused his
ART. 243. Orders or requests by executive
officers to any judicial authority. - Any executive position. Is it violative under this article? Is is required
officer who shall address any order or suggestion that there must be a compulsion?
to any judicial authority with respect, to any case ● Even if the woman agreed, the crime is also
or business coming within the exclusive committed. If she got pregnant, made a explicit
56
declaration that they were in love, her ● No. Remember, parricide can only be
pregnancy is res ipsa loquitur or the thing committed within the “straight line relationship”
speaks for himself. and the spouse.
● This does not apply in the person concerned.
Thus, with respect to next paragraph… Son → Father → Grandfather → Great
Grandfather
PARAGRAPH 3
What if it’s the mother of the prisoner? ● Any relative in a collateral line, there is no
● It does not require that prisoner who will be the parricide (e.g. Uncle, aunt, etc).
receiveing end of the sexual advances to her.
Mothers are not included, under doctrine of pro EXAMPLES
reo, penal laws should be construed strictly
against the state. It is exclusive mentioned in What will happen if the grandfather killed his adopted
the last paragraph. son?
● It is required that there is a blood relation, thus,
parricide is not considered as the “child” under
Title 8: CRIMES AGAINST PERSONS
(Arts. 246 to 266-A) 246.
Grandfather has a illegitimate child, Mr. F. Mr. F has a

Abortion practiced by a son, Mr. S. When S learned that Grandfather left a
physician or midwife and property in his will, S killed the grandfather. Can it be
Parricide
dispensing of considered as parricide?
abortives. ● No. The grandfather is the illegitimate
grandfather. In statutory construction, there are
Murder Duel words that qualified preceding the same. The
word “illegitimate” only refers to father, mother,
Homicide Challenging to a duel
or child. The ascedants or descendants must
Death caused in a be legitimate.
Mutilation.
tumultuous affray
Infanticide is committed if the child is 3 days old and
Physical injuries inflicted below.
Serious physical injuries
in a tumultuous affray
It is still parricide if one accidentally killed the person
Giving assistance to Administering injurious mentioned in Art. 246.
suicide. substances or beverages
Less serious physical Live-in couples cannot benefit this article.

Discharge of firearm
injuries.
Art. 247. Death or physical injuries inflicted under
Slight physical injuries exceptional circumstances. — Any legally married
Infanticide
and maltreatment person who having surprised his spouse in the act of
committing sexual intercourse with another person,
Unintentional abortion. shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any
Abortion practiced by the Rape. serious physical injury, shall suffer the penalty of
woman herself or by her destierro.
parents
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment.
Art. 246. Parricide. — Any person who shall kill his
father, mother, or child, whether legitimate or These rules shall be applicable, under the same
illegitimate, or any of his ascendants, or circumstances, to parents with respect to their
descendants, or his spouse, shall be guilty of daughters under eighteen years of age, and their
parricide and shall be punished by the penalty of seducer, while the daughters are living with their
reclusion perpetua to death. parents.
Any person who shall promote or facilitate the

If one kills his brother, will it be parricide? prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse
shall not be entitled to the benefits of this article.
57
his house at V & G Subdivision. He was not able to
NOTE: There must be an actual sexual intercourse. find his wife and Koh there. He proceeded to the
"mahjong session" as it was the "hangout" of Kingsley
SURPRISE Koh. The accused found Koh playing mahjong. He
The word "surprise" means "to come upon suddenly and fired at Kingsley Koh three times with his rifle.
unexpectedly."
Koh was hit. Arnold and Lina Amparado who were
occupying a room adjacent to the room where Koh
However, when peeking through a hole near the kitchen
was playing mahjong were also hit by the shots fired
door, the husband observed his wife and her paramour by the accused. Kingsley Koh died instantaneously of
kissing; moments later, he observed the paramour cardiorespiratory arrest due to shock and
attempting to lift his wife's skirt; initially objecting, she hemorrhage as a result of multiple gunshot wounds
eventually consented and lowered her drawers; the on the head, trunk and abdomen.
paramour unbuttoned his drawers; and they began their
act of sexual intercourse. He only began to attack them RULING: It only requires that the death caused be
the proximate result of the outrage overwhelming the
after that33. The act would still fall under Art. 247.
accused after chancing upon the spouse in the
basest act of infidelity. But the killing should have
When in the preparatory act, it would not fall under this been actually motivated by the same blind
article. Actual intercourse is essential. impulse, and must not have been influenced by
external factors. The killing must be the direct
IMMEDIATELY THEREAFTER by-product of the accused's rage.
So long there is no gap between the time when the
spuse caught his/her husband/wife and on the killing So long that the person is animated by the same rage,
during the pursuit. There must be a continuation. the same anger, that he felt the time he witnessed the
act, that would still fall under 274, thus, entitled to
However, destierro.
PEOPLE v ABARCA
GR No. 74433 DESTIERRO
The penalty of destierro is not really intended as a
FACTS: Khingsley Paul Koh and the wife of accused penalty but to remove the killer spouse from the vicinity
Francisco Abarca, Jenny, had illicit relationship. The and to protect him or her from acts of reprisal principally
illicit relationship apparently began while the accused by relatives of the deceased spouse.
was in Manila reviewing for the 1983 Bar
examinations. His wife was left behind in their
residence in Tacloban, Leyte. It is a punishment whereby a convict is banished to a
certain place and is prohibited from entering or coming
On July 15, 1984, the accused was in his residence near that place designated in the sentence, not less
in Tacloban, Leyte. On the morning of that date he than 25 kms34.
went to the bus station to go to Dolores, Eastern
Samar, to fetch his daughter. However, he was not How would you treat other physical injuries?
able to catch the first trip (in the morning). He went
● Where physical injuries were suffered by third
back to the station in the afternoon to take the 2:00
o'clock trip but the bus had engine trouble and could persons as a result of being caught in the
not leave. The accused, then proceeded to the crossfire as the accused shot the victim, the
residence of his father after which he went home. He Supreme Court held that although as a rule,
arrived at his residence at the V & G Subdivision in one committing an offense is liable for all the
Tacloban City at around 6:00 o'clock in the afternoon. consequences of his act, the rule presupposes
that the act done amounts to a felony. This
Upon reaching home, the accused found his wife,
Jenny, and Khingsley Koh in the act of sexual does not mean, however, that the
intercourse. When the wife and Koh noticed the accused-appellant is totally free from any
accused, the wife pushed her paramour who got his responsibility. Granting the fact that he was not
revolver. The accused who was then peeping above performing an illegal act when he fired shots at
the built-in cabinet in their room jumped and ran the victim, he cannot be said to be entirely
away. without fault. While it appears that before firing
at the deceased, he uttered warning words ("an
The accused went to look for a firearm at Tacloban
City. He went to the house of a PC soldier, C2C waray labot kagawas”). [People v Abarca]
Arturo Talbo, arriving there at around 6:30 p.m. He
got Talbo's firearm, an M-16 rifle, and went back to WITH ANOTHER PERSON
33 34
People v Gabriel 37 O.G. 2939; 63 Phil. 1063 People v. Araquel, G.R. No. L-12629, December 9, 1959
58
The law did not specify the gender to whom the legally NOTE: Treachery must exist in the inception of the
married person made the actual sexual intercourse with. attack.
However, as per atty, sexual intercourse is limited
between a man and a woman. EXAMPLES
What about the person who aided or lent the 1. When A punched B on his B, the latter was
husband/wife a weapon? knocked out. While B is laying, A carried him in
● So long as there’s a principal, there’s an his car and proceeded to a safe house. Inside,
accomplice or accessory. A tied B on a chair and woken up by a cold
water. A said some words to B and proceeded
If there’s already a consent between the husband and to stab B while the latter was immobilized on
wife, Art. 247 will not apply. In fact, the filing of an the chair.
adultery/concubinage case won’t prosper.
RATIO: In this example, it has two stages.
First, when B was knocked unconscious.
Art. 248. Murder. — Any person who, not falling
within the provisions of Article 246 shall kill Second, when B was killed when he was
another, shall be guilty of murder and shall be immobilized. By then, he could no longer pose
punished by reclusion temporal in its maximum credible defense since he was tied on a chair.
period to death, if committed with any of the following Thus, there is treachery.
attendant circumstances:
2. An assault was begun suddenly and
1. With treachery, taking advantage of superior
unexpectedly by the firing of a pistol by Mr. B at
strength, with the aid of armed men, or employing
means to weaken the defense or of means or Gov. L, who was unarmed. As the latter
persons to insure or afford impunity. attempted to flee he was pursued by the
accused and driven to take refuge in a closet,
2. In consideration of a price, reward, or promise. where he called aloud for help. The accused
then tried to force open the door but was
3. By means of inundation, fire, poison, unable to do so, owing to the resistance of the
explosion, shipwreck, stranding of a vessel,
deceased from within. The accused, however,
derailment or assault upon a street car or locomotive,
fall of an airship, by means of motor vehicles, or with judging the position of the deceased from the
the use of any other means involving great waste and cries emitted, fired his pistol in the direction
ruin. thus indicated. The bullet passed through the
panel of the door and, entering the head of the
4. On occasion of any of the calamities deceased, produced death.
enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity. RATIO: The final attack was characterized by
alevosía and the crime perpetrated was murder
5. With evident premeditation. even though the attack had not been originally
begun with alevosía. The qualifying
6. With cruelty, by deliberately and inhumanly circumstance of alevosía essential to the crime
augmenting the suffering of the victim, or outraging of murder was found to be present not only
or scoffing at his person or corpse.
because of the sudden and unexpected
manner in which the fatal assault with a deadly
TREACHERY weapon was begun against the defenseless
There is treachery or alevosia when the offender victim, but also because of the peculiar
commits any of the crimes against persons, employing conditions under which the offense was finally
means, methods or forms which tend directly and consummated.35
specially to ensure its execution, without risk to himself
arising from the defense which the offended party might PRICE, REWARD, OR PROMISE
make. When can it be considered?
● This rule can only be applied if the price,
Thus,the killing of the victims is qualified with treachery, reward, or promise is the paramount or
when the shooting was sudden and unexpected, and primordial consideration.
the victims were not in a position to defend
themselves.
35
US v Baluyot, 40 Phil. 385
59
Thus, if Mr. A is harbouring some anger to Mr.
B, then told Mr. C to give 10k if he will kill Mr. Upon medical examination, an anal intercourse
B. Mr. C agreed, further stating that even if Mr. happened after the victim’s death. Also the victim
A will not pay him, he will kill Mr. B because the died of asphyxia due to suffocation when extreme
latter committed rape against his sister. Mr. B pressure was exerted on her head pushing it
was killed. Mr. C has a personal grudge to Mr. downward thereby pressing her nose and mouth
B, thus, the rule for price, reward, or promise against the mattress.
will not apply and appreciated.
HELD: There was ignominy or outraging/scoffing at
the corpse of the deceased since it is established that
INUNDATION, FIRE, POISON the accused mocked or outraged at the person or
One who use poison to the river, with a knowledge that corpse of the victim by having anal intercourse with
majority of the residents were dependent to that river as her after she was already dead. The fact that the
to their drinking water source is guilty of murder. muscles of the anus did not close and also the
Likewise, when one use a bomb or explosives. presence of spermatozoa in the anal region,
clearly established the coitus after death. This act
of the accused in having anal intercourse with the
CRUELTY woman after killing her is, undoubtedly, an
When the perpetrator intentionally causes additional outrage at her corpse.
wounds or injuries that are not essential for the victim's
death, this is considered cruelty. The other wounds or
RULES
injuries must be administered while the subject is still
conscious (alive). But there is no cruelty if the
1. That murder will exist with only one of the
perpetrator's main intention in afflicting the victim with
circumstances described in Art. 248. When
additional wounds is to kill him. There must be a
more than one of said circumstances are
suffering on the part of the victim.
present, the others must be considered as
generic aggravating.
The word "outraging" means to commit an extremely
vicious or deeply insulting act. The word "scoffing"
Thus, when in killing the victim, the
means to jeer, and implies a showing of irreverence.
commission of the crime is attended by:
PEOPLE v BUTLER (1) evident premeditation,

GR No. L-50276 (2) treachery, and
(3) price, reward or promise
FACTS: Butler and Barrios were together at Colonial
Restaurant in Olongapo City. The accused left the
restaurant with the victim. Emelita Pasco, housemaid Only one of them shall qualify the killing to
of the victim, testified that Gina came home with murder and the other shall be considered as
Michael. They immediately went into the former’s generic aggravating circumstances.
bedroom.
2. That when the other circumstances are
The next morning, Pasco knocked at the door. She absorbed or included in one qualifying
found that the victim waslying on her bed, facing
circumstance, they cannot be considered as
downwards, naked up to the waist, with legs spread
apart and with a broken figurine beside her head. She generic aggravating.
immediately called the landlord and the authorities. 3. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in the
An investigation was conducted by the authorities. information.
After being located and identified as a crew member
of the USS Hancock, the accused was brought to the
legal office of the ship. The accused was searched, Art. 249. Homicide. — Any person who, not falling
handcuffed, and was brought to the Naval within the provisions of Article 246, shall kill another
Investigation Services Resident Agency Office. without the attendance of any of the
circumstances enumerated in the next preceding
Accused confessed that he engaged in sexual article, shall be deemed guilty of homicide and be
intercourse with the victim her the rear (anal sex). punished by reclusion temporal.
The next morning, he said that his five peso note in
his sock was missing. A quarrel ensued over the
missing money. It went physical until the accused NOTE: Intent to kill must always be present.
grabbed the victim by the throat and picked up a
statue of Jesus Christ and hit her in the head. He Homicide is the unlawful killing of any person, which is
then left the house. neither parricide, murder, nor infanticide.
60
The accused must prove that there is no intent to kill.
injuries can be identified, such person or persons
Thus, there is no criminal liability when one commits an shall be punished by prision mayor.
offense or act due to ignorance of facts provided that it
was not due to negligence or bad faith. Such ignorance If it cannot be determined who inflicted the serious
of the fact is sufficient to negative the particular intent physical injuries on the deceased, the penalty of
which under the law, is an essential element to the prision correccional in its medium and maximum
crime of murder charged cancels the presumption of periods shall be imposed upon all those who shall
have used violence upon the person of the victim.
intent and works for an acquittal36.
CORPUS DELICTI If one gang is organized to attack the other gang, it is

Corpus delicti is defined as the body or substance of the not covered under this article.
crime and, in its primary sense, refers to the fact that a
crime was actually committed. As applied to a EXAMPLE
particular offense, the term means the actual
commission by someone of the particular crime For instance, you were in a bar you were in a bar when
charged. suddenly the people sitting across on another table
approach your table saying, “Nganong sige ka’g tabis,
The corpus delicti is a compound fact made up of two bai?” the usual thing. Then after that there was a melee
elements, namely: the existence of a certain act or or rambol. When it was settled, B was already dead. It
result forming the basis of the criminal charge, and the was determined that A was the one who stabbed him.
existence of a criminal agency as the cause of the act or Will that fall under Art. 251?
result37. ● No. It is essential that the person who killed the
victim could not be ascertained. If this person
EXAMPLE cause the lost of tooth of the victim or punched
the victim, he can be charged of Art. 251 even
One who engage with a fist fight and one of the if it is not proven that he did the actual killing of
participants ran away, the former took a rock and the the victim. If it could not be determined who
latter was hit on his nape, causing internal hemmorage cause physical injuries, any person who use
and died. violence will be punished.
Art. 250. Penalty for frustrated parricide, murder Art. 252. Physical injuries inflicted in a
or homicide. — The courts, in view of the facts of the tumultuous affray. — When in a tumultuous affray
case, may impose upon the person guilty of the as referred to in the preceding article, only serious
frustrated crime of parricide, murder or homicide, physical injuries are inflicted upon the participants
defined and penalized in the preceding articles, a thereof and the person responsible thereof cannot be
penalty lower by one degree than that which should identified, all those who appear to have used violence
be imposed under the provision of Article 50. upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for
The courts, considering the facts of the case, may the physical injuries so inflicted.
likewise reduce by one degree the penalty which
under Article 51 should be imposed for an attempt to When the physical injuries inflicted are of a less
commit any of such crimes. serious nature and the person responsible therefor
cannot be identified, all those who appear to have
used any violence upon the person of the offended
Attempted stage of Parricide, Homicide, or Murder = 3 party shall be punished by arresto mayor from five to
degrees lower. But this is discretionary by the court. fifteen days.
Art. 251. Death caused in a tumultuous affray. — Slight physical injuries are not included here. The
When, while several persons, not composing penalty must be mini skewed to be considered in this
groups organized for the common purpose of article.
assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and
tumultuous manner, and in the course of the Art. 253. Giving assistance to suicide. — Any
affray someone is killed, and it cannot be person who shall assist another to commit suicide
ascertained who actually killed the deceased, but shall suffer the penalty of prision mayor; if such
the person or persons who inflicted serious physical person leads his assistance to another to the extent
of doing the killing himself, he shall suffer the penalty
of reclusion temporal. However, if the suicide is not
36
US v Ah Chong G.R. No. L-5272, March 19, 1910
37
People v Visaya GR No. 206062, September 18, 2018
61
consummated, the penalty of arresto mayor in its
medium and maximum periods, shall be imposed. Absent an intent to kill in firing the gun towards the
victim, petitioner should be held liable for the crime of
illegal discharge of firearm under Article 254 of the
The person who have been sought must be Revised Penal Code. The elements of this crime are:
determined to commit suicide. This does not include (1) that the offender discharges a firearm against or
active euthanasia, where one is already suffering, with at another person; and (2) that the offender has no
only three months to live, but conscious, then the family intention to kill that person.
decided to end the latter’s life.
When one lend assistance, providing the other to put Art. 255. Infanticide. — The penalty provided for
parricide in Article 246 and for murder in Article 248
the rope secured to the beam of the room or remove the
shall be imposed upon any person who shall kill any
chair while hanging, Art. 253 is applicable. child less than three days of age.
“ASSISTING” If the crime penalized in this article be committed by

The person want to kill himself without suffering. the mother of the child for the purpose of concealing
Another person instructed the other to do the her dishonor, she shall suffer the penalty of prision
procedures on killing the latter’s self. It is not required correccional in its medium and maximum periods,
and if said crime be committed for the same purpose
that there must be a physical act of one assisting or
by the maternal grandparents or either of them, the
he/she is present during the suicide. penalty shall be prision mayor.
Is a pregnant woman, who tried to commit suicide by

means of poison, but instead of dying, the fetus in her INFANTICIDE
womb was expelled, liable for abortion? If a person killed a child less than three days old,
● No. An attempt to commit suicide is an act, but infanticide. If the mother killed her child to hide her
it is not punishable by law. Article 253 does not dishonor, the penalty is lower.
penalize the person who attempts to commit
suicide. The abortion that resulted is Art. 256. Intentional abortion. — Any person who
untentional and is punishable only when it is shall intentionally cause an abortion shall suffer:
caused by violence, not by poison. [Reyes,
Book 2] 1. The penalty of reclusion temporal, if he shall use
any violence upon the person of the pregnant
woman.
Art. 254. Discharge of firearms. — Any person who
shall shoot at another with any firearm shall suffer 2. The penalty of prision mayor if, without using
the penalty of prision correccional in its minimum and violence, he shall act without the consent of the
medium periods, unless the facts of the case are woman.
such that the act can be held to constitute frustrated
or attempted parricide, murder, homicide or any other 3. The penalty of prision correccional in its medium
crime for which a higher penalty is prescribed by any and maximum periods, if the woman shall have
of the articles of this Code. consented.
NOTE: Offender has no intention to kill other person. NOTE: VIOLENCE

PARAGRAPH 1
One who punch his pregnant girlfriend upon knowing
DADO v PEOPLE the latter is pregnant and it resulted to the death of the
G.R. No. 131421
fetus.
From the attendant circumstances, it appears that
there is no evidence tending to prove that petitioner A man can be held as an accomplice if he accompany
had animus interficendi or intent to kill the victim. the woman to the clinic.
Note that the prosecution witnesses did not see
whether petitioner aimed to kill the victim. Intent to kill PARAGRAPH 2
cannot be automatically drawn from the mere fact
Intentional abortion can also be committed by use of
that the use of firearms is dangerous to life. Animus
interficendi must be established with the same abortives, drugs, or beverages, and without consent
degree of certainty as is required of the other from the woman.
elements of the crime. The inference of intent to kill
should not be drawn in the absence of circumstances PARAGRAPH 3
sufficient to prove such intent beyond reasonable The same scenario in paragraph 2 but with consent.
doubt.
62
Art. 257. Unintentional abortion. — The penalty of independent outside of
prision correccional in its minimum and medium the womb.
period shall be imposed upon any person who shall
cause an abortion by violence, but
unintentionally. Art. 258. Abortion practiced by the woman herself
of by her parents. — The penalty of prision
1. The woman is selling vegetables. And a man correccional in its medium and maximum periods
shall be imposed upon a woman who shall practice
passed by, inquired her goods. Subsequently, abortion upon herself or shall consent that any other
after the latter touches each and every goods, person should do so.
he did not buy anything from her. The former
got irritated, and fed up by his action. The latter Any woman who shall commit this offense to conceal
got his gun, pointed it to her, and threathened her dishonor, shall suffer the penalty of prision
to kill her. Because of the fear and stress, it correccional in its minimum and medium periods.
cause for her to bleed, and the fetus was
If this crime be committed by the parents of the
expelled from her womb. Is that unintentional pregnant woman or either of them, and they act with
abortion? the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer the
It should be noted that the law employs the penalty of prision correccional in its medium and
word "violence" that is, actual physical force. maximum periods.
Thus, where a man points a gun at a pregnant
woman, at the same time telling her that he will PARAGRAPH 1
kill her, and because of the fright she absorbs, If she took abortives or a thing to expel the child inside
she suffers an abortion, the offender is guilty of her womb.
threats only.
PARAGRAPH 2
2. A man, while driving his car, hit a rock. A “To conceal her dishonor”
woman was hit and resulted to miscarriage. Is
that unintentional abortion? PARAGRAPH 3
By the parents + consent of the woman + “to conceal
No. The unintentional here is not the act of dishonor”
violence but of abortion. The violence must be
intentional. The proper crime in the case ust be
reckless imprudence resulting in untentional ART. 259. Abortion practiced by a physician or
midwife and dispensing of abortives. - The
abortion.
penalties provided in Article 256 shall be imposed in
its maximum period, respectively, upon any
3. A husband who came from a drinking spree physician or midwife who, taking advantage of
with his friends, knocked on the door. His their scientific knowledge or skill, shall cause an
pregnant wife opened the door. When the abortion or assist in causing the same.
former asked if there’s a food, the latter replied
in negative, further stating that he can’t even Any pharmacist who, without the proper
prescription from a physician, shall dispense any
lend her some money to buy one. The former
abortive shall suffer arresto mayor and a fine not
got angry and punched the latter. As a result, exceeding One hundred thousand pesos (P100,000).
the woman suffered a miscarried. Unintentional
abortion is present.
Physicians and midwives who cause or assist in causing
Take note, however, that the woman inflicted abortion are more severely punished because they incur
serious physicial injuries from the punching of a heavier guilt in making use of their knowledge for the
the husband. The said crime will be complex destruction of human life, where it should be used only
with this article. for its preservation.
Is it necessary that the drug will be used as an abortive

ABORTION INFANTICIDE drug?
● In this article, the punishable act is the
Child killed before birth. Killed after birth but less dispensing of drug without the proper
than 3 days old.
prescription from the doctor.
If the baby is not
independent in If the baby is capable of
sustaining life. sustaining life
63
This does not require the total removal of sex organ or
Art. 260. Responsibility of participants in a duel.
— The penalty of reclusion temporal shall be the victim lost the capacity to reproduce. The law
imposed upon any person who shall kill his requires that a part of the organ use for reproduction
adversary in a duel. has been removed.
If he shall inflict upon the latter physical injuries EXAMPLES

only, he shall suffer the penalty provided therefor, ● One who remove her husband’s penis due to
according to their nature.
infidelity, mutilation is present.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical ● It also includes the removal of the woman’s
injuries have been inflicted. ovary or man’s testicles.
The seconds shall in all events be punished as ● Circumcision of a baby, the removal of the
accomplices. foreskin, does not constitute mutilation if
there’s a consent from the parents. If one is
DUEL neither a father or mother and the child was
It is a formal or regular combat previously concerted brought to the hospital, without consent of the
between two parents for circumsion, it may fall under
parties in the presence of two or more seconds of lawful mutilation.
age on each side, who make the selection of arms and
fix all the other conditions of the fight. NOTE: In order to held liable, the act of the accused is
to mutilate.
Art. 261. Challenging to a duel. — The penalty of

prision correccional in its minimum period shall be Art. 263. Serious physical injuries. — Any person
imposed upon any person who shall challenge who shall wound, beat, or assault another, shall be
another, or incite another to give or accept a guilty of the crime of serious physical injuries and
challenge to a duel, or shall scoff at or decry shall suffer:
another publicly for having refused to accept a
challenge to fight a duel. 1. The penalty of prision mayor, if in consequence of
the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;
This article means a challenge to fight, without
contemplating a duel, is not challenging to a duel. The 2. The penalty of prision correccional in its medium
person making the challenge must have in mind a and maximum periods, if in consequence of the
formal combat to be concerted between him and the physical injuries inflicted, the person injured shall
one challenged in the presence of two or more have lost the use of speech or the power to hear or to
seconds. smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such
member, or shall have become incapacitated for
SECOND(S) the work in which he was therefor habitually
This means “referee”. engaged;
NOTE: Classic form of duel. 3. The penalty of prision correccional in its minimum
and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall
Also, instigators are included here.
have become deformed, or shall have lost any other
part of his body, or shall have lost the use thereof, or
Art. 262. Mutilation. — The penalty of reclusion shall have been ill or incapacitated for the
temporal to reclusion perpetua shall be imposed upon performance of the work in which he as habitually
any person who shall intentionally mutilate another engaged for a period of more than ninety days;
by depriving him, either totally or partially, or
some essential organ of reproduction. 4. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period, if
Any other intentional mutilation shall be punished by the physical injuries inflicted shall have caused the
prision mayor in its medium and maximum periods. illness or incapacity for labor of the injured person for
more than thirty days.
FIRST PART If the offense shall have been committed against any
Castration - amputation of whatever organ is necessary of the persons enumerated in Article 246, or with
for generation. attendance of any of the circumstances mentioned in
Article 248, the case covered by subdivision number
64
PARAGRAPH 4
1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the It is enough that one is incapacitated for work or injury
case covered by subdivision number 2 by prision lasted for 30 days.
correccional in its maximum period to prision mayor
in its minimum period; the case covered by NOTE: The penalty may be higher in Articles 246 or
subdivision number 3 by prision correccional in its 248.
medium and maximum periods; and the case covered
by subdivision number 4 by prision correccional in its
minimum and medium periods. Art. 264. Administering injurious substances or
beverages. — The penalties established by the next
The provisions of the preceding paragraph shall not preceding article shall be applicable in the respective
be applicable to a parent who shall inflict physical case to any person who, without intent to kill,
injuries upon his child by excessive chastisement. shall inflict upon another any serious, physical
injury, by knowingly administering to him any
injurious substance or beverages or by taking
It is committed — advantage of his weakness of mind or credulity.
(1) by wounding;
(2) by beating; or
(3) by assaulting; or If one who secretly put laxatives to the beverage of the
(4) by administering injurious substance. other, where the latter, after consuming the same had a
serious bowel movement, the former is criminally liable
PARAGRAPH 1 under this article.
One who hit the other on the head with a lumber,
resulting to the latter’s insanity or become imbecile, is One who serve an oilfish, knowing its effect in the
guilty of Art. 263. human body, or one who serve a food or drink which will
trigger the allergy of the person, can be liable as well.
Impotency presupposes that a person no longer
reproduce. One who did not lose the power to ART. 265. Less serious physical injuries. - Any
coupulate, but he can no longer produce a child (sterile) person who shall inflict upon another physical
due to the injuries sustained, will that fall under injuries not described in the preceding articles,
paragraph 1? but which shall incapacitate the offended party
● Yes. Impotency also include sterility, but under for labor for ten (10) days or more, or shall require
medical assistance for the same period, shall be
this article, it is the consequence and not the guilty of less serious physical injuries and shall suffer
main purpose of the accused, otherwise, it will the penalty of arresto mayor.
fall under mulitation,
Whenever less serious physical injuries shall have
Blindness refers to both eyes. If only one eye was been inflicted with the manifest intent to insult or
destroyed, it will fall under paragraph 2. offend the injured person, or under
circumstances adding ignominy to the offense, in
addition to the penalty of arresto mayor, a fine not
PARAGRAPH 2 exceeding Fifty thousand pesos (P50,000) shall be
One acquired a cleft lip after the injuries sustained. imposed.
A farmer who could no longer to the fields due to his Any less serious physical injuries inflicted upon the
hand injury, it would fall under this paragraph. offenders parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority,
shall be punished by prision correccional in its
PARAGRAPH 3
minimum and medium periods: Provided, That in the
An essential part here is deformity. By deformity it is case of persons in authority, the deed does not
meant physical ugliness, permanent and definite constitute the crime of assault upon such persons.
abnormality. It must be conspicuous and visible.
If the injury sustained lasted for 10 days or more but

One who acquires injury (5 inches wound on his cheek),
less than 30 days, it will fall under this article.
was able to went to Korea and had some corrective
surgery. Will that be physical injuriy knowing that there’s
PARAGRAPH 3
no trace of the sustained injury at all?
The attack must not constitute as a direct assault. Can
● Yes. Deforminty considers that the wound did
there be an attack against the persons in authority
not heal naturally. Hence, if there’s a medical
without being considered as an assault?
intervention, the act is still considered as
● Yes. In direct assault the attack must be on the
phyisical injury.
occassion of the performance of duty or past
performance of his function.
65
B. "Sexual violence" refers to an act which is sexual
If a judge buying his clothes, suddenly accused in nature, committed against a woman or her child. It
approached him, where the former had a debt from the includes, but is not limited to:
latter, stating that the latter must file a complaint. As a
result the latter punched the former. Under paragraph 3, a) rape, sexual harassment, acts of
since the judge is a person in authority the penalty will lasciviousness, treating a woman or her child as a
be higher. sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch
ART. 266. Slight physical injuries and obscene publications and indecent shows or forcing
maltreatment. - The crime of slight physical injuries the woman or her child to do indecent acts and/or
shall be punished: make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
1. By arresto menor when the offender has inflicted together in the same room with the abuser;
physical injuries which shall incapacitate the
offended party for labor from one (1) to nine (9) b) acts causing or attempting to cause the victim
days, or shall require medical attendance during to engage in any sexual activity by force, threat of
the same period. force, physical or other harm or threat of physical or
other harm or coercion;
2. By arresto menor or a fine not exceeding Forty
thousand pesos (P40,000) and censure when the c) Prostituting the woman or child.
offender has caused physical injuries which do not
prevent the offended party from engaging in his C. "Psychological violence" refers to acts or
habitual work nor require medical assistance. omissions causing or likely to cause mental or
emotional suffering of the victim such as but not
3. By arresto menor in its minimum period or a fine limited to intimidation, harassment, stalking, damage
not exceeding Five thousand pesos (P5,000) when to property, public ridicule or humiliation, repeated
the offender shall ill-treat another by deed without verbal abuse and mental infidelity. It includes causing
causing any injury. or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to
The offended party has filed a case, where in the which the victim belongs, or to witness pornography
certification from the doctor the latter’s injuries would in any form or to witness abusive injury to pets or to
heal within 5-days. But then, while the cae is still unlawful or unwanted deprivation of the right to
pending, he still suffered from the injuries sustained, custody and/or visitation of common children.
where it has reached 30 days. Can he still be charged?
D. "Economic abuse" refers to acts that make or
● It should be taken into account. The
attempt to make a woman financially dependent
information for slight physical injuries can still which includes, but is not limited to the following:
be changed to erious physical injuries as the
case may be. 1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
R.A. 9262 wherein the other spouse/partner objects on valid,
"Anti-Violence Against Women and Their Children Act serious and moral grounds as defined in Article 73 of
of 2004" the Family Code;
SECTION 3. Definition of Terms.- As used in this Act, 2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of
(a) "Violence against women and their children" refers the conjugal, community or property owned in
to any act or a series of acts committed by any common;
person against a woman who is his wife, former
wife, or against a woman with whom the person 3. destroying household property;
has or had a sexual or dating relationship, or with
whom he has a common child, or against her 4. controlling the victims' own money or properties or
child whether legitimate or illegitimate, within or solely controlling the conjugal money or properties.
without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of Can a woman be held liable under RA 9262?
such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not GO-TAN v SPOUSES TAN
limited to, the following acts: G.R. No. 168852
A. "Physical Violence" refers to acts that include While the said provision [Section 3(a)] provides that
bodily or physical harm; the offender be related or connected to the victim by
marriage, former marriage, or a sexual or dating
66
relationship, it does not preclude the application of
the principle of conspiracy under the RPC. (d) Placing the woman or her child in fear of imminent
physical harm;
Indeed, Section 47 of R.A. No. 9262 expressly
provides for the suppletory application of the RPC, (e) Attempting to compel or compelling the woman or
thus: her child to engage in conduct which the woman or
her child has the right to desist from or desist from
SEC. 47. Suppletory Application. - For purposes of conduct which the woman or her child has the right to
this Act, the Revised Penal Code and other engage in, or attempting to restrict or restricting the
applicable laws, shall have suppletory application. woman's or her child's freedom of movement or
(Emphasis supplied) conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
Parenthetically, Article 10 of the RPC provides: intimidation directed against the woman or child. This
shall include, but not limited to, the following acts
ART. 10. Offenses not subject to the provisions of this committed with the purpose or effect of controlling or
Code. – Offenses which are or in the future may be restricting the woman's or her child's movement or
punishable under special laws are not subject to the conduct:
provisions of this Code. This Code shall be
supplementary to such laws, unless the latter (1) Threatening to deprive or actually depriving the
should specially provide the contrary. (Emphasis woman or her child of custody to her/his family;
supplied)
(2) Depriving or threatening to deprive the woman or
Hence, legal principles developed from the Penal her children of financial support legally due her or her
Code may be applied in a supplementary capacity to family, or deliberately providing the woman's children
crimes punished under special laws, such as R.A. insufficient financial support;
No. 9262, in which the special law is silent on a
particular matter. xxx (3) Depriving or threatening to deprive the woman or
her child of a legal right;
With more reason, therefore, the principle of
conspiracy under Article 8 of the RPC may be applied (4) Preventing the woman in engaging in any
suppletorily to R.A. No. 9262 because of the express legitimate profession, occupation, business or activity
provision of Section 47 that the RPC shall be or controlling the victim's own mon4ey or properties,
supplementary to said law. Thus, general provisions or solely controlling the conjugal or common money,
of the RPC, which by their nature, are necessarily or properties;
applicable, may be applied suppletorily.
(f) Inflicting or threatening to inflict physical harm on
Thus, the principle of conspiracy may be applied to oneself for the purpose of controlling her actions or
R.A. No. 9262. For once conspiracy or action in decisions;
concert to achieve a criminal design is shown, the act
of one is the act of all the conspirators, and the (g) Causing or attempting to cause the woman or her
precise extent or modality of participation of each of child to engage in any sexual activity which does not
them becomes secondary, since all the conspirators constitute rape, by force or threat of force, physical
are principals. harm, or through intimidation directed against the
woman or her child or her/his immediate family;
It must be further noted that Section 5 of R.A. No.
9262 expressly recognizes that the acts of violence (h) Engaging in purposeful, knowing, or reckless
against women and their children may be committed conduct, personally or through another, that alarms or
by an offender through another. xxx causes substantial emotional or psychological
distress to the woman or her child. This shall include,
but not be limited to, the following acts:
R.A. 9262
(1) Stalking or following the woman or her child in
SECTION 5. Acts of Violence Against Women and public or private places;
Their Children.- The crime of violence against women
and their children is committed through any of the (2) Peering in the window or lingering outside the
following acts: residence of the woman or her child;
(a) Causing physical harm to the woman or her child; (3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
(b) Threatening to cause the woman or her child will;
physical harm;
(4) Destroying the property and personal belongings
(c) Attempting to cause the woman or her child or inflicting harm to animals or pets of the woman or
physical harm; her child; and
67
If the man, after penetration, there were several push
(5) Engaging in any form of harassment or violence;
and pull motion and he ejaculated inside of the woman.
(i) Causing mental or emotional anguish, public Thereafter, after few minutes, he continued the same
ridicule or humiliation to the woman or her child, act for the second and third time without removing the
including, but not limited to, repeated verbal and penis from the vagina. How many counts of rape is
emotional abuse, and denial of financial support or committed?
custody of minor children of access to the woman's ● There’s only one count of rape. It is not the
child/children.
number of times that appellant ejaculated but
the penetration or "touching" that determines
the consummation of the sexual act.39 But if he
Article 266-A. Rape: When And How Committed. -
Rape is committed: remove it and inserted it again, there is two
counts of rape and so on.
1) By a man who shall have carnal knowledge of a
woman under any of the following circumstances: PARAGRAPGH 2
In the insertion of a finger in a woman’s vagina, would it
a) Through force, threat, or intimidation; fall under this article?
● Yes.
b) When the offended party is deprived of reason
or otherwise unconscious; PEOPLE v AGONCILLO
G.R. No. 229100
c) By means of fraudulent machination or grave
abuse of authority; and AAA narrated that the first incident occurred in 2001
when she was nine (9) years old. While AAA was
d) When the offended party is under twelve (12) inside the comfort room, accused-appellant entered
years of age or is demented, even though none of the and placed his hands between her legs. She tried to
circumstances mentioned above be present. remove his hands but she was not able to. Suddenly,
AAA felt accused-appellant insert his index finger in
2) By any person who, under any of the her vagina, and she felt pain. He poked a knife at her
circumstances mentioned in paragraph 1 hereof, shall and threatened to kill her and her family if she will
commit an act of sexual assault by inserting his penis report the incident. Accused-appellant then left the
into another person's mouth or anal orifice, or any comfort room.
instrument or object, into the genital or anal orifice of
38
another person. The second incident occurred in 2002 when AAA was
ten (10) years old and was in Grade V. At about noon
time, while she was sleeping in her bedroom on the
PARAGRAPH 1
second floor of their house, she sensed somebody
Defines rape in a classic sense. unzipping her shorts. She then saw
accused-appellant and she warded off his hands.
Subpara 1: The nature of the force in this article there Accused-appellant then put saliva on his finger and
must be no moral ascendancy to that of a woman. inserted it in her vagina. She tried to resist and shout
but she felt a knife poking on her side, and he
Subpara 2: When the woman is already high on drugs threatened to kill her if she makes a sound.
Thereafter, accused-appellant tried to insert his penis
or asleep.
to her vagina but failed. xxx
Subpara 3: When a woman does not want to have The Court finds that accused-appellant committed
sexual intercourse with a man not unless the latter is her two (2) crimes in the second incident: rape by sexual
husband, where the latter showing a pseudo documents assault and statutory rape. It can be gleaned from the
they were married, and then there was a sexual testimony that accused-appellant first inserted his
finger in the vagina of the minor victim, which
intercourse. It may seem a consensual act, nevertheless
constitutes rape by sexual assault. Afterwards, he
it procured in a fraudulent machination. inserted his penis in AAA's vagina albeit
unsuccessful. AAA felt that accused-appellant
Subpara 4: (Amended by RA 11648) It is now 16 years attempted to insert his penis in her vagina and she
of age. was able to differentiate it from his finger. Time and
● Exception: The man is in the relationship with again, the Court held that the slightest penetration of
the girl, where the age gap is not more than the labia of the female victim's genitalia
consummates the crime of rape. As AAA was only
three years (girl 15, boy 18) and that there
ten (10) years old at that time, accused-appellant
sexual act is consensual, and their relationship committed statutory rape.
is non-abusive and non-exploitative.
39
People v Orilla G.R. No. 148939 (2004) citing People v Ferrer G.R.
38
Amended by R.A. 8353 “Anti-Rape Law” of 1997 No. 142662 (2001)
68
the commission of the crime.
Article 266-B. Penalty. - Rape under paragraph 1 of
the next preceding article shall be punished by Rape under paragraph 2 of the next preceding article
reclusion perpetua. shall be punished by prision mayor.
Whenever the rape is committed with the use of a Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death. penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall become victim has become insane, the penalty shall be
reclusion perpetua to death. reclusion temporal.
When the rape is attempted and a homicide is When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death. penalty shall be reclusion temporal to reclusion
perpetua.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death. When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be reclusion
The death penalty shall also be imposed if the crime perpetua.
of rape is committed with any of the following
aggravating/qualifying circumstances: Reclusion temporal shall be imposed if the rape is
1. When the victim is under eighteen (18) committed with any of the ten aggravating/ qualifying
years of age and the offender is a parent, circumstances mentioned in this article.
ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil
degree, or the common-law spouse of the NOTE: Rape with Homicide means here is a taking of
parent of the victim; life of a person, not on its technical term provided in the
2. When the victim is under the custody of the RPC (includes taking of life in murder, parricide, etc).
police or military authorities or any law
enforcement or penal institution; A is being rape by B. C, the brother of A, who saw the
3. When the rape is committed in full view of act. However, B saw C and attack the latter, and killed
the spouse, parent, any of the children or
him. After that, B continued to rape A. Would it be rape
other relatives within the third civil degree of
consanguinity; with homicide?
4. When the victim is a religious engaged in ● Yes. It is not necessary that the one who was
legitimate religious vocation or calling and is killed was the victim, so long the death of the
personally known to be such by the offender person who should’ve helped the victim
before or at the time of the commission of occurred on the occasion of the rape.
the crime;
5. When the victim is a child below seven (7)
NOTE: No crime of frustrated rape.
years old;
6. When the offender knows that he is afflicted
with the Human Immuno-Deficiency Virus ATTEMPTED RAPE
(HIV)/Acquired Immune Deficiency Offender commences the execution of the crime by an
Syndrome (AIDS) or any other sexually overt act.
transmissible disease and the virus or
disease is transmitted to the victim;
7. When committed by any member of the RENATO BALEROS, JR. v PEOPLE
Armed Forces of the Philippines or G.R. No. 138033
paramilitary units thereof or the Philippine
National Police or any law enforcement FACTS: One evening, inside her room, Malou retired
agency or penal institution, when the at around 10:30. Outside, right in front of her
offender took advantage of his position to bedroom door, her maid slept on a folding bed. Early
facilitate the commission of the crime; morning of the following day, petitioner, clad in t-shirt
8. When by reason or on the occasion of the and shorts, entered the room of Malou through its
rape, the victim has suffered permanent window. Once inside, he approached Malou and
physical mutilation or disability; tightly pressed on her face a piece of cloth soaked
9. When the offender knew of the pregnancy of with chemical and. at the same time, pinned her
the offended party at the time of the down on the bed. She was awakened thereby and
commission of the crime; and she struggled but could not move.
10. When the offender knew of the mental
disability, emotional disorder and/or physical She wanted to scream for help but the hands
handicap of the offended party at the time of covering her mouth with cloth wet with chemicals
69
were very tight. Still, Malou continued fighting off her In case it is the legal husband who is the offender,
attacker by kicking him until at last her right hand got the subsequent forgiveness by the wife as the
free. With this, the opportunity presented itself when offended party shall extinguish the criminal
she was able to grab hold of his sex organ which she action or the penalty: Provided,
then squeezed. Petitioner let her go and escaped
while Malou went straight to the bedroom door and That the crime shall not be extinguished or the
roused her maid. penalty shall not be abated if the marriage is void ab
initio.
ISSUE: Is petitioner guilty of attempted rape?
HELD: No, he is not. There is absolutely no dispute If rape is committed in a conspiracy, then one marries
about the absence of sexual intercourse or carnal the victim, what will happen to other co-conspirators?
knowledge in the present case. The next question Will their liability be erased as well?
that thus comes to the fore is whether or not the act ● No. It will only apply to the one who married
of the petitioner, i.e., the pressing of a the victim and the criminal liability will be
chemical-soaked cloth while on top of Malou,
extinguished.
constitutes an overt act of rape.
Overt or external act has been defined as some The problem occurs if one acted as principal, the other
physical activity or deed, indicating the intention to as an accomplice, and another as an accessory. In this
commit a particular crime, more than a mere planning case, if the principal married the offended party, it will
or preparation, which if carried out to its complete also erase the liability of the others. Because the
termination following its natural course, without being criminal liability of the accomplice and that of the
frustrated by external obstacles nor by the voluntary
accessory is dependent to the principal.
desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense.
MARITAL RAPE
Harmonizing the above definition to the facts of this This can be found in paragraph 2. Even if they are
case, it would be too strained to construe petitioner's married, the crime of rape may be committed by the
act of pressing a chemical-soaked cloth in the mouth husband to his wife.
of Malou which would induce her to sleep as an overt
act that will logically and necessarily ripen into rape.
As it were, petitioner did not commence at all the Article 266-D. Presumptions. - Any physical overt
performance of any act indicative of an intent or act manifesting resistance against the act of rape
attempt to rape Malou. It cannot be overemphasized in any degree from the offended party, or where
that petitioner was fully clothed and that there was no the offended party is so situated as to render
attempt on his part to undress Malou, let alone touch her/him incapable of giving valid consent, may be
her private part. For what reason petitioner wanted accepted as evidence in the prosecution of the acts
the complainant unconscious, if that was really his punished under Article 266-A.
immediate intention, is anybody’s guess.
It is not required that the victim must fight tooth and nail
WHEN BY REASON OR ON THE OCCASION OF THE against her honor.
RAPE
This does not apply if the purpose is to kill the victim,
and where the victim is severely injured, was grasping Title 9: CRIMES AGAINST PERSONAL LIBERTY
to her last breath and the accused decided to rape her, AND SECURITY
which would not be rape with homicide because the (Arts. 262 to 292)
purpose is to kill. The crime will be 2 separate crimes, 1
for murder and 1 for rape.
Art. 267. Kidnapping and serious illegal detention.
— Any private individual who shall kidnap or detain
If the victim was raped, to make sure that she will not be
another, or in any other manner deprive him of his
able to file a case against the accused, the latter liberty, shall suffer the penalty of reclusion perpetua
decided to kill her. Or the latter raped her and because to death:
of the poor health of the victim, she died thereafter. That
could also be rape with homicide, despite that there is 1. If the kidnapping or detention shall have lasted
no active part for the accused to kill her. more than five days.
2. If it shall have been committed simulating public

Article 266-C. Effect of Pardon. - The subsequent authority.
valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed. 3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained;
70
Public officers can be criminally held with kidnapping
or if threats to kill him shall have been made.
and serious illegal detention if he has authorized to
4. If the person kidnapped or detained shall be a detain another (police officer, jail guard, warden).
minor, except when the accused is any of the
parents, female or a public officer.
ART- 268. Slight illegal detention. - The penalty of
The penalty shall be death where the kidnapping or reclusion temporal shall be imposed upon any
detention was committed for the purpose of extorting private individual who shall commit the crimes
ransom from the victim or any other person, even if described in the next preceding article without
none of the circumstances above-mentioned were the attendance of any of the circumstances
present in the commission of the offense. enumerated therein.
The same penalty shall be incurred by anyone who

There is serious illegal detention if the accused simply shall furnish the place for the perpetration of the
snatched the victim, also if the victim voluntarily went crime.
with the accused, and the latter detained the victim for a
If the offender shall voluntarily release the person
month. It is not necessary the one have been taken so kidnapped or detained within three (3) days
without his consent. What is important is one has been from the commencement of the detention, without
detained. having attained the purpose intended., and before
the institution of criminal proceedings against
It is not required that one must be in an enclosure, so him. the penalty shall be prision mayor in its
long he is not free to leave the place, there is a violation minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000).
in this article.
The paragraphs 1-4 shall be taken independently to Para 3. If the victim is released, the penalty will be
each other. This means that if the detention did not last lower.
for more than 3 days, but it was committed simulating
public authority, there is a violation in this article. It does The woman broke up with her bf, but the latter did not
not matter how brief the detention is if any of these take it gracefully because he is deeply in love with her.
circumstances mentioned are present. This also applies Then, he kidnaps the woman and brought her to a
when the accused’s purpose is to extort ransom. secluded place. He will not release her if she will not
RANSOM marry him. The woman cried, begging for her life.
What if the parents of the victim are indebted to the However, as the epiphany sinks in, he releases the
accused and then refuse to pay, would it still be a woman when the daylight comes. Can he benefit on the
ransom? last paragraph of Art. 268?
● Yes. Ransom is a consideration paid or ● No. The last part applies if the crim committed
demanded for the release of someone from is slight illegal detention. He committed serious
captivity. It does not matter that the ransom is a illegal detention. If a victim is female or a
pre-existing obligation. minor, always serious illegal detention, except
if the accused is any of the parents or any
An organized group took Mr. A and, brought to a safe person who has custody over of that minor.
house and sent an emissary to demand for the Php
10M. The latter was apprehended on his way to the
ART. 269. Unlawful arrest. - The penalty of arresto
house of Mr. A. Would it be kidnapping with ransom? mayor and a fine not exceeding One hundred
● Yes, it is not essential that there was a delivery thousand pesos (P100,000) shall be imposed upon
of the amount or actual demand. any person who in any case other than those
authorized by law, or without reasonable ground
If the group was not able to reach the safe house, they therefor, shall arrest or detain another for the
were apprehended. Would it be kidnapping with purpose of delivering him to the proper
authorities.
ransom?
● Yes.
The offender here is a private indi or PO who has no
Note: This is a special complex crime. Do not apply authority in arresting.
Article 48.
May an individual arrest a person?
If the victim was kidnapped and killed in a different ● Yes, under citizen’s arrest, or warrantless
place. If the main intent is to kill the victim, the crime is arrest if the crime was committed in fraglante
murder. delicto.
71
Mr. B has a debt to Mr. A, P 1M. Mr. A tried to collect but B, neighbor of A, who has an existing obligation to the
the former did not show up. Mr. A arrested Mr. B. In the latter, took his minor daughter to work for A.
evening, Mr. A detained Mr. B for the purpose of
delivering the latter to the authorities the next day.
Art. 274. Services rendered under compulsion in
● Unlawful arrest is present. There is no mention payment of debt. — The penalty of arresto mayor in
of the duration of the detention so long that the its maximum period to prision correccional in its
motive is to arrest one and deliver him to the minimum period shall be imposed upon any person
authorities thereafter. who, in order to require or enforce the payment of
a debt, shall compel the debtor to work for him,
against his will, as household servant or farm
Art. 270. Kidnapping and failure to return a minor. laborer.
— The penalty of reclusion perpetua shall be
imposed upon any person who, being entrusted with
the custody of a minor person, shall deliberately fail 1987 Philippine Constitution
to restore the latter to his parents or guardians. Article III Section 18(2). No involuntary servitude in any
form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
If the father exercises his visitorial rights, went to
shopping with the child, but, failed to return the minor. A
Even though one person has the obligation to pay you,
mother can also be liable if she committed this act. This
he should not be forced to work in a household, farm, or
can also be committed to other persons (relatives or
company to reimburse the debt or to collect the debt
babysitters) who failed to return the minor.
through service.
ART. 271. Inducing a minor to abandon his home.

- The penalty of prision correccional and a fine not Art. 275. Abandonment of person in danger and
exceeding One hundred thousand pesos (P100.000) abandonment of one's own victim. — The penalty
shall be imposed upon anyone who shall induce a of arresto mayor shall be imposed upon:
minor to abandon the home of his parents or
guardians or the persons entrusted with his 1. Any one who shall fail to render assistance to
custody. any person whom he shall find in an uninhabited
place wounded or in danger of dying, when he
If the person committing any of the crimes covered by can render such assistance without detriment to
the two (2) preceding 1 articles shall be the father or himself, unless such omission shall constitute a
the mother of the minor, the penalty shall be arresto more serious offense.
mayor or a fine not exceeding Forty thousand pesos
(P40,000) or both. 2. Anyone who shall fail to help or render
assistance to another whom he has accidentally
wounded or injured.
Committed by one who has no legal authority over a
minor, inducing the latter to leave. 3. Anyone who, having found an abandoned child
under seven years of age, shall fail to deliver said
child to the authorities or to his family, or shall
Art. 272. Slavery. — The penalty of prision mayor fail to take him to a safe place.
and a fine of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell,
kidnap or detain a human being for the purpose PARAGRAPH 1
of enslaving him. “...render such assistance without detriment to himself”
One can use to his defense that he avoided a particular
If the crime be committed for the purpose of person because the act may be a trick or trap which
assigning the offended party to some immoral traffic, may constitute more serious crime. However, if the risk
the penalty shall be imposed in its maximum period. of life and limb by the accused is not present, the latter
may be criminally liable for Art. 275.
Art. 273. Exploitation of child labor. — The penalty
This is applicable when in a barrio only one have a
of prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be vehicle, where one was stabbed and the former refused
imposed upon anyone who, under the pretext of to deliver the latter to the nearest hospital.
reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the PARAGRAPH 2
custody of a minor, shall, against the latter's will, Accident (reckless imprudence, negligence) - when one
retain him in his service.
is not at fault. One has no criminal liability if it is proven
that it was an accident. However, he has an obligation to
72
render assistance to the victim, failure to do, this article
contortion.
is applicable.
2. Any person who. being an acrobat, gymnast,
PARAGRAPH 3 rope-walker, diver, wild-animal tamer or circus
When the child is loss and one failed to take the child in manager or engaged in a similar calling, shall
the authorities, is liable under this article. employ in exhibitions of these kinds children
under sixteen (16) years of age who are not his
children or descendants.
ART, 276. Abandoning a minor. - The penalty of
arresto mayor and a fine not exceeding One hundred 3. Any person engaged in any of the callings
thousand pesos (P100,000) shall be imposed upon enumerated in the next preceding paragraph who
anyone who shall abandon a child under seven (7) shall employ any descendant of his under twelve
years of age. the custody of which is incumbent upon (12) years of age in such dangerous exhibitions.
him.
4. Any ascendant, guardian, teacher or person
When the death of the minor shall result from such entrusted in any capacity with the care of a child
abandonment, the culprit shall be punished by prision under sixteen (16) years of age who shall deliver
correccional in its medium and maximum periods: but such child gratuitously to any person following
if the life of the minor shall have been in danger only, any of the callings enumerated in paragraph 2
the penalty shall be prision correccional in its hereof, or to any habitual vagrant or beggar.
minimum and medium periods.
If the delivery shall have been made in consideration
The provisions contained in the two (2) preceding of any price, compensation, or promise, the penalty
paragraphs shall not prevent the imposition of the shall in every case be imposed in its maximum
penalty provided for the act committed, when the period.
same shall constitute a more serious offense.
In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator;
ART. 277. Abandonment of minor by person and in the case of the parents of the child, they may
entrusted with his custody; Indifference of be deprived, temporarily or perpetually, in the
parents. - The penalty of arresto mayor and a fine discretion of the court, of their parental authority.
not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who. 5. Any person who shall induce any child under
having charge of the rearing or education of a minor, sixteen (16) years of age to abandon the home of
shall deliver said minor to a public institution or its ascendants, guardians, curators or teacher to
other persons, without the consent of the one follow any person engaged in any of the callings
who entrusted such, child to his care or in the mentioned in paragraph 2 hereof, or to accompany
absence of the latter, without the consent of the any habitual vagrant or beggar.
proper authorities.
In applying the law, the parents are criminally liable,
The same penalty shall be imposed upon the parents
minors who performed dangerous act.
who shall neglect their children by not giving them the
education which their station in life requires and
financial condition permits. ART. 280. Qualified trespass to dwelling. - Any
private person who shall enter the dwelling of
One who entrusted with the child and failed to execute another against the latter's will, shall be punished by
arresto mayor and a fine not exceeding Two hundred
the same, where he, instead of taking care of the minor,
thousand pesos (P200,000).
sent the latter to an orphanage.
If the offense be committed by means of violence
If parents failed to send their children to school, provide or intimidation, the penalty shall be prision
necessary need, but forced the latter to work for them, correccional in its medium and maximum periods and
even if they have the capacity to do so, criminally liable a fine not exceeding Two hundred thousand pesos
under this article. (P200,000).
The provisions of this article shall not be applicable to

ART. 278. Exploitation of minors. - The penalty of any person who shall enter another's dwelling for the
prision correccional in its minimum and medium purpose of preventing some serious harm to himself,
periods and a fine not exceeding One hundred the occupants of the dwelling or & third person, nor
thousand pesos (P100,000) shall be imposed upon; shall it be applicable to any person who shall enter a
dwelling for the purpose of rendering some service to
1. Any person who shall cause any boy or girl humanity or justice, nor to anyone who shall enter
under sixteen (16) years of age to perform any cafes, taverns, inns and other public houses, while
dangerous feat of balancing, physical strength, or the same are open.
73
If committed by a public officer, violation of domicile.

PEOPLE v LAMAHANG
GR No. L-43530
When will the entry to one’s house against the will of the
owner, be considered as legal? FACTS: Lamahang was caught by a policeman the
● Paragraph 3. act of making an opening with an iron bar on the wall
of a store of cheap goods. The accused had only
PROHIBITION succeeded in breaking one board and in unfastening
another from the wall, when the policeman showed
No prohibition does not mean that there’s no consent.
up, who instantly arrested him and placed him under
One enters the house through a door wide open does custody. The lower court found him guilty of
not constitute that there’s no prohibition. attempted robbery.
If there’s no prohibition, whether EXPRESS or IMPLIED, ISSUE. Is he guilty of attempted robbery? NO. He is
there’s no trespass to dwelling. guilty of attempted trespass to dwelling.
➔ EXPRESS - if there’s a signage “do not enter”
- The attempt to commit an offense which the Penal
or one who told the other not to enter even
Code punishes is that which has a logical relation to a
though the door is open. particular, concrete offense; that, which is the
➔ IMPLIED - this can be shown by the fact that beginning of the execution of the offense by overt
the door is closed or if in the absence of a acts of the perpetrator, leading directly to its
door, there’s a rope indicating that no one is realization and consummation. The attempt to
allowed to enter. commit an indeterminate offense, inasmuch as its
nature in relation to its objective is ambiguous, is not
a juridical fact from the standpoint of the Penal Code.
Can it be committed by the owner of the house?
● Yes. For an instance, in a boarding house. This - There is no doubt that in the case at bar it was the
qualifies the dwelling of the tenant. intention of the accused to enter Tan Yu's store by
means of violence, passing through the opening
WITHOUT CONSENT v AGAINST THE WILL which he had started to make on the wall, in order to
When the accused was intrigued by a certain equipment commit an offense which, due to the timely arrival of
the police, did not develop beyond the first steps of its
inside the victim’s house, where he entered the house,
execution.
through the widely open gate and door. Upon entering,
he was apprehended by the owner. Did he committed - But it is not sufficient, for the purpose of imposing
trespass to dwelling? penal sanction, that an act objectively performed
● No. Always remember the IMPLIED and constitute a mere beginning of execution; it is
EXPRESS prohibition. In violation of domicile, necessary to establish its unavoidable connection,
where that entering one's house against the like the logical and natural relation of the cause and
its effect, with the deed which, upon its
will of the owner is not tantamount to entering
consummation, will develop into one of the offenses
the house without the consent of the owner. defined and punished by the Code; it is necessary
What the law requires herein is the entry must to prove that said beginning of execution, if
be against the will of the owner, it did not say carried to its complete termination following its
that without the consent of the owner. If there is natural course, without being frustrated by
a no prohibition, that is not constitute against external obstacles nor by the voluntary
the will of the owner. desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense.
Against the will of the owner may be expressed - Thus, in case of robbery, in order that the simple act
or implied. of entering by means of force or violence another
person's dwelling may be considered an attempt to
VIOLENCE OR INTIMIDATION commit this offense, it must be shown that the
The penalty will be higher if either of these two is offender clearly intended to take possession, for the
purpose of gain, of some personal property belonging
present.
to another. In the instant case, there is nothing in the
record from which such purpose of the accused may
One who pointed a gun at the owner of the house or reasonably be inferred.
one who uses force so that he can enter the house.
- In offenses not consummated, as the material
Most of the time if the accused entered the house, damage is wanting, the nature of the action intended
there’s anohter purpose or reason. However, before it (accion fin) cannot exactly be ascertained, but the
same must be inferred from the nature of the acts
will qualify another crime, there must be at least an
executed (accion medio).
overt act.
74
- Acts susceptible of double interpretation, that is, in If the threat be made in writing or through a
favor as well as against the culprit, and which show middleman, the penalty shall be imposed in its
an innocent as well as a punishable act, must not and maximum period.
cannot furnish grounds by themselves for attempted
nor frustrated crimes. 2. The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (P100,000)
if the threat shall not have been made subject to a
However, if accused was able to take some of the condition.
properties inside the house, and about to go out the
house. What crime did he commit?
PARAGRAPH 1
● The trespass to dwelling is not applicable. If
GT with condition and the threatened act is a crime.
the purpose have only be realized, he will be
punished to the crime he actually committed.
One who utter “I will kill you if you won’t deliver P 10K.”
the penalty will be one degree lower. Even if what was
One who enters the house thinking that the owner is not
demanded is not unlawful, still be GT with conditions.
around, took advantage of the properties therein,
Thus, one who tell someone who will threatened
without knowing that the owner arrived and demanded
another if the other person will not pay the obligation is
to leave. The latter even attempted to arrest them via
violative under this article.
citizen’s arrest. Where the former, persisted and inflicted
injuries to the latter. What crime/s did he commit?
If there is no condition, but the act will be committed is a
Should there be a separate crimes or complex?
crime is a GT, the penalty is lower.
● Separate. One is not essential in commiting the
NOTE: Threat must be of a serious in character.
other. The intention is different, the other crime
is only incidental.
Art. 283. Light threats. — Any threat to commit a
wrong not constituting a crime, made in the manner
ART. 281. Other forms of trespass. - The penalty of expressed in subdivision 1 of the next preceding
arresto menor or a fine not exceeding- Forty article, shall be punished by arresto mayor.
thousand pesos (P40,000), or both, shal] be imposed
upon any person who shall enter the closed
premises or the fenced estate of another, while
either or both of them are uninhabited, if the Art. 284. Bond for good behavior. — In all cases
prohibition to enter be manifest and the falling within the two next preceding articles, the
trespasser has not- secured the permission of the person making the threats may also be required to
owner or the caretaker thereof. give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to
destierro.
If the place is not fenced and no manifest prohibition,
there is no violation under this article. If fenced or has a
In threats, the person giving the threat is given a bond.
signage “no trespassing” or do not enter” or “no entry”,
The reason for this is if he continue to do, the bond will
the prohibition is already manifested. One who will enter
be forfieted in favor of the victim.
this property or building will be criminally liable.
If one can’t post a bond, may be sentenced to destierro.
As per Atty, the act should’ve been vagrancy if one is
wandering within the closed premise or fenced estate.
ART. 285. Other light threats. - The penalty of
arresto menor in its minimum period or a fine not
ART. 282. Grave threats. - Any person who shall exceeding Forty thousand pesos (P40,000) shall be
threaten another with the infliction upon the imposed upon:
person, honor or property of the latter or of his
family of any wrong amounting to a crime, shall 1. Any person who. without being included in the
suffer: provisions of the next preceding article, shall
threaten another with a weapon, or draw such
1. The penalty next lower in degree than that- weapon in a quarrel, unless it be in lawful
prescribed by law for the crime he threatened to self-defense.
commit, if the offender shall have made the threat
demanding money or imposing any other condition, 2. Any person who, in the heat of anger, shall orally
even though not unlawful, and said offender shall threaten another with some harm not constituting
have attained his purpose. If the offender shall not a crime, and who by subsequent acts shows that
have attained his purpose, the penalty lower by two he did not persist, in the idea involved in his
(2) degrees shall be imposed. threat: Provided, That the circumstances of the
offense shall not bring it within the provisions of
75
One who took another’s property as a payment for the
Article 282 of this Code.
latter’s debt.
3. Any person who shall orally threaten to do
another any harm not constituting a felony. PARAGRAPH 2
Unjust vexation includes any human conduct which,
although not
PARAGRAPH 1
productive of some physical or material harm would,
A and B are arguing. B draw out his gun thereafter.
however, unjustly annoy or vex an innocent person.
PARAGRAPH 2
The paramount question to be considered, in
“Some harm not constituting the other”
determining whether the crime of unjust vexation is
One who saw her neighbor went to the hotel with
committed, is whether the offender's act caused
another woman who is not his wife. One morning, the
annoyance, irritation, vexation, torment, distress or
former saw the man, where the latter threw his garbage
disturbance to the mind of the person to whom it is
in front of the former’s house. The latter was
directed.
apprehended by the former, stating further that she will
report what she saw last night is violative under this
Holding of the woman’s breast, when can it be
article.
considered as unjust vexation and as acts of
lasciviousness?
ART. 286. Grave, coercions. - The penalty of prision ➔ UNJUST VEXATION - if one accidentally
correccional and a fine not exceeding One hundred touches upon the bus took a hard brake
thousand pesos (P100,000) shall be imposed upon ➔ ACTS OF LASCIVIOUSNESS - with a lewd
any person who without any authority of law
desire; the purpose is for sexual gratification
shall, by means of violence, threats, or
intimidation, prevent another from doing
something not prohibited by law, or compel him ART. 288. Other similar coercions; (Compulsory
to do something against his will, whether it be purchase of merchandise and payment of wages
right or wrong. by means of tokens). - The penalty of arresto mayor
or a fine ranging from Forty thousand pesos
If the coercion be committed in violation of the (P40.000) to One hundred thousand pesos
exercise of the right of suffrage, or for the purpose of (P100,000), or both, shall be imposed upon any
compelling another to perform any religious act, or to person, agent or officer of any association or
prevent him from exercising such right or from so corporation who shall force or compel, directly or
doing such act the penalty next higher in degree shall indirectly, or shall knowingly permit any laborer
be imposed. or employee employed by him or by such firm or
corporation to be forced or compelled, to
Grave coercion - violence, force, threat is immediate. purchase merchandise or commodities of any
kind.
The coercing person must have exerted violence on his The same penalties shall be imposed upon any
victim at the very moment that the latter is doing or is person who shall pay the wages due a laborer or
about to do something he wants to do.xxx but the employee employed by him, by means of tokens or
complainant went ahead and did it, xxx the crime is not objects other than the legal tender currency of the
grave coercion.40 Philippines, unless expressly requested by the
laborer or employee.
ART. 287. Light coercions. - Any person who, by

means of violence, shall seize anything belonging ART. 289. Formation, maintenance and
to his debtor for the purpose of applying the prohibition of combination of capital or labor
same to the payment of the debt, shall suffer the through violence or threats. — The penalty of
penalty of arresto mayor in its minimum period and a arresto mayor and a fine not exceeding Sixty
fine equivalent to the value of the thing, but in no thousand pesos (P60,000) shall be imposed upon
case less than Fifteen thousand pesos (Pl5,000). any person who, for the purpose of organizing,
maintaining or preventing coalitions of capital or
Any other coercions or unjust vexations shall be labor, strike of laborers or lock-out of employers,
punished by arresto menor or a fine ranging from shall employ violence or threats in such a degree
One thousand pesos (P1,000) to not more than Forty as to compel or force the laborers or employees
thousand pesos (P40,000) or both. in the free and legal exercise of their industry or
work, if the act shall not constitute a more serious
offense in accordance with the provisions of this
PARAGRAPH 1 Code.
40
People v Madrid C.A. 53 O.G. 711
76
ART. 290. Discovering secrets through seizure of
correspondence. - The penalty of prision (2) Trees, plants, and growing fruits, while they are
correccional in its minimum and medium periods and attached to the land or form an integral part of an
a fine not exceeding One hundredthousand pesos immovable;
(P100,000) shall be imposed upon any private
individual who in order to discover the secrets of (3) Everything attached to an immovable in a fixed
another, shall seize his papers orletters and manner, in such a way that it cannot be separated
reveal the contents thereof.
therefrom without breaking the material or deterioration
If the offender shall not reveal such secrets, the of the object;
penalty shall be arresto mayor and a fine not
exceeding One hundred thousand pesos (P100,000). (4) Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the
This provision shall not be applicable to parents, owner of the immovable in such a manner that it reveals
guardians, or persons entrusted with the custody the intention to attach them permanently to the
of minors with respect to the papers or letters of
tenements;
the children or minors placed under their care or
custody, nor to spouses with respect to the papers
or letters of either of them. (5) Machinery, receptacles, instruments or implements
intended by the owner of the tenement for an industry or
works which may be carried on in a building or on a
This also applies to text messages. (RA 10173 or Data
piece of land, and which tend directly to meet the needs
Privacy Act of 2012 which is subject to another
of the said industry or works;
discussion)
(6) Animal houses, pigeon-houses, beehives, fish ponds
ART. 291. Revealing secrets with abuse of office. - or breeding places of similar nature, in case their owner
The penalty of arresto mayor and a fine not has placed them or preserves them with the intention to
exceeding One hundred thousand pesos (P100,000) have them permanently attached to the land, and
shall be imposed upon any manager, employee or forming a permanent part of it; the animals in these
servant who, in such capacity, shall learn the
places are included;
secrets of his principal or master and shall reveal
such secrets.
(7) Fertilizer actually used on a piece of land;
ART. 292. Revelation of industrial secrets. - The (8) Mines, quarries, and slag dumps, while the matter
penalty of prision correccional in its minimum and thereof forms part of the bed, and waters either running
medium periods and a fine not exceeding One or stagnant;
hundred thousand pesos (P100,000) shall be
imposed upon the person in charge, employee or
(9) Docks and structures which, though floating, are
workman of any manufacturing or industrial
establishment who. to the prejudice of the owner intended by their nature and object to remain at a fixed
thereof, shall reveal the secrets of the industry of place on a river, lake, or coast;
the latter.
(10) Contracts for public works, and servitudes and
other real rights over immovable property.
Title 10: CRIMES AGAINST PROPERTY
(Arts. 293 to 331) PERSONAL PROPERTY (Movable), defined.
Article 416 and 417 of the Civil Code
1. those movables susceptible of appropriation
Art. 293. Who are guilty of robbery. — Any person which are not included in the preceding article;
who, with intent to gain, shall take any personal
2. real property which by any special provision of
property belonging to another, by means of
violence or intimidation of any person, or using law is considered as personal property;
force upon anything shall be guilty of robbery. 3. forces of nature which are brought under
control of science;
4. in general, all things which can be transported
NOTE: PERSONAL PROPERTY TO ANOTHER +
from place to place without impairment of the
INTENT TO GAIN + VIOLENCE or INTIMIDATION
real property to which they are fixed;
5. obligations and actions which have for their
REAL PROPERTY (Immovable), defined.
object movables or demandable sums; and
Article 415 of the Civil Code
(1) Land, buildings, roads and constructions of all kinds
adhered to the soil;
77
6.shares of stock of agricultural, commercial and
industrial entities, although they have real Section 3. Carnapping; Penalties. - Carnapping is the
estate. taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or
Article 312 of the Revised Penal Code by means of violence against or intimidation of
The property taken must be personal property, for if real persons, or by using force upon things. xxx
property is occupied or real right is usurped by means of
Any person charged with carnapping or when the
violence against or initmidation of person, the crime is
crime of carnapping is committed by criminal groups,
usurpation. gangs or syndicates or by means of violence or
intimidation of any person or persons or forced upon
Electricity is personal property. Same as gas, it is a things; or when the owner, driver, passenger or
valuable article of merchandise bought and sold like occupant of the carnapped vehicle is killed or raped
other personal property and is capable of appropriation in the course of the carnapping shall be denied bail
by another. when the evidence of guilt is strong.
Section 4. Concealment of Carnapping. - Any person

ILLUSTRATIONS who conceals carnapping shall be punished with
● A borrowed the property of B. Accused, C, at imprisonment of six (6) years up to twelve (12) years
the point of the gun, A relinquished the and a fine equal to the amount of the acquisition cost
possession of the property. It does not belong of the motor vehicle, motor vehicle engine, or any
to A. Is robbery present? other part involved in the violation; Provided, That if
-YES. It does not require that the the person violating any provision of this Act is a
juridical person, the penalty herein provided shall be
property must belong to the one who was imposed on its president, secretary, and/or members
taken from. of the board of directors or any of its officers and
● D, the accused, lost his cell phone. E went to employees who may have directly participated in the
the mall, saw a second-hand cellphone, and violation.
bought it. D saw E using his cell phone, it is
clear to him that it belongs to him. The latter Any public official or employee who directly commits
the unlawful acts defined in this Act or is guilty of
demanded to give him the cell phone. When E
gross negligence of duty or connives with or permits
refused, D took his knife out and told E to give the commission of any of the said unlawful acts shall,
the same. in addition to the penalty prescribed in the preceding
-There is no robbery since the paragraph, be dismissed from the service, and
cellphone belongs to the accused and not to E, his/her benefits forfeited and shall be permanently
the other person. However, he commits the disqualified from holding public office.
crime of grave coercion.
● One sells a drug. F, a drug addict, who do not
have the money to buy any drugs, approached Art. 294. Robbery with violence against or
intimidation of persons; Penalties. — Any person
the seller, pointed a gun and intimidated the
guilty of robbery with the use of violence against or
latter, and demanded for the drugs. Out of fear, intimidation of any person shall suffer:
the seller gave a pocket of illegal drugs, which
is the same is considered as personal property. 1. The penalty of reclusion perpetua to death, when
Did F commit robbery, considering that the by reason or on occasion of the robbery, the
subject thereof is an illegal drug? crime of homicide shall have been committed; or
-Yes, still robbery notwithstanding that when robbery shall have been accompanied by
rape or intentional mutilation or arson.
the object of the robbery is an illicit object.
2. The penalty of reclusion temporal in its medium
VIOLENCE AND INTIMIDATION period to reclusion perpetua when by reason or
The Court ruled that when the complainant herself occasion of robbery , any of the physical injuries
merely testified that the offender snatched her shoulder penalized in subdivision 1 of Article 263 shall
bag, without saying that such offender used violence, have been inflicted;
intimidation or force in snatching her shoulder bag, the
3. The penalty of reclusion temporal, when by reason
snatching of the shoulder bag constitutes the crime of or on occasion of the robbery, any of the physical
theft, not robbery.41 injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall
have been inflicted.
R.A. 10883
New Anti-Carnapping Law of 2016 4. The penalty of prision mayor in its maximum period
to reclusion temporal in its medium period, if the
41
People v Concepcion 691 Phil. 542 (2012)
78
they went out of the building, the accused
violence or intimidation employed in the
commission of the robbery shall have been exchanged fire with the latter, one police officer
carried to a degree clearly unnecessary for the was killed.
commission of the crime, or when the course of ➔ Robbery with homicide is appreciated
its execution, the offender shall have inflicted since it is still on the occasion of the
upon any person not responsible for its robbery.
commission any of the physical injuries covered by
sub-divisions 3 and 4 of said Article 263.
● There were 5 robbers, one of them was killed
5. The penalty of prision correccional in its maximum during the exchange of gunfire. Would that be
period to prision mayor in its medium period in other robbery with homicide?
cases. ➔ Yes even if one of the robbers was
killed. It does not require that another
person must be killed other than the
ON THE OCCASION / BY REASON
robbers.
This means that P.I or Homicide was committed in the
COURSE or BECAUSE of robbery.
● If robbers arrived in their safe house, where
they dividing their loot, one of the robbers
PARAGRAPH 1
noticed that the one who divided the loot is
With homicide or accompanied by rape or intentional
taking more than what the others are receiving.
mutilation or arson
Tension build up and one of them was shot.
Still, it is a robbery with homicide because
ILLUSTRATIONS
there is an intimate connection between the
● Several accused entered the house of the
robbery and the killing. It may not be ON THE
victim through intimidation by pointing a gun.
OCCASION of robbery but BY REASON of
They told the owner of the house to give all the
robbery.
jewelry. The latter gave the same. Not satisfied
with the jewelry given, the accused demanded
NOTE: Even if the killing was done by the robber/s
more, and the owner refused. One of the
him/themselves, under Article 4 RPC, because they are
accused pointed the gun at the ceiling without
committing a crime, all the consequences thereof which
the intention of killing anybody, and fired a
involve the firing at the police and they would not be
single shot, without knowing that the son of the
fired in return, would still fall under ON THE OCCASION
owner hid on the ceiling. The latter died. Can it
or BY REASON of robbery.
be a robbery with homicide?
➔ Supposedly when you fire your gun,
Since the law only requires on the occasion or by
without intent to kill, where
reason thereof and does not require that the robbers
unknowingly there’s someone hiding,
themselves will kill another person, likewise, that the
that the latter died thereafter, which
person killed is other than that of the robbers. The main
will result in reckless imprudence
crime is robbery.
resulting in homicide.
Therefore, despite there being “homicide” the crime is

In the case given, it is a robbery with
still under crime against property, the homicide is just an
homicide. The homicide must be
ancillary crime that will qualify the crime as a robbery
understood in its generic sense, that
with homicide.
is killing a person with imprudence. It
may also include the killing of a
NOTE: The main purpose of malefactors is robbery.
person with an attendant of any of
aggravating circumstances of the
● Several accused robbed a certain house, and
murder.
they told the victim to give the property. They
were able to abscond and divided the stolen
NOTE: The HOMICIDE here must be understood as the
item. After a month, one of the robbers
taking of another person’s life, even if the killing was
confessed to the crime committed, telling who
committed on the occasion of or by reason of robbery. It
are his companions at that time. Because of
also be understood in its generic sense (incl. Infanticide,
that, his companions got mad at him and killed
parricide, and murder).
him. Would that still be robbery with homicide?
➔ No. The killing committed was far
● In a bank robbery, the accused pointed the gun
removed from the time the robbery
at the teller, the latter gave the money, but the
police arrived in a timely fashion, at the time
79
commenced. The killing must be and D was able to noticed O when he went
intimately connected with the robbery. after the latter. When cornered, O attacked D,
where D sustained physical injuries. Is it
● If the accused killed the victim, harbored robbery with physical injuries?
something from the house, and before they left ➔ No. When the property was taken,
one of them realizes that the former was there was neither violence against
wearing an expensive watch which they also person nor intimidation. The violence
took. The crime is no longer robbery since the or threats must be the main reason
main intention is to kill the victim, the proper why the victim relinquished the
crime is homicide or murder, as the case may possession over his personal
be, and theft. property.
On robbery with rape, the law provides that it must be In the case above, the bsence of it,
accompanied by rape. This means that the rape must that is not robbery. The proper crime
be during the time when the robbery is in progress. But, will be 2 separate crimes; theft and
take note that the main purpose or intent of the serious or slight physical injuries, as
malefactor/s is robbery and that the rape is committed the case may be.
during the inception of robbery, where they just only
overcame by their sexual desire while committing PARAGRAPH 2
robbery. Physical injuries under subdivision 1 of Art. 263
(insanity, imbecility, impotency, or blindness)
What will happen, if a single robbery, the owner of the
house was killed, the daughter was raped, and the hand PARAGRAPH 3
of the wife was mutilated. What the crime did they Physical injuries under subdivision 2 of Art. 263 (the
commit? How many crimes did they commit? loss of the use of speech or the power to smell, or the
● The enumeration here is based on the gravity loss of an eye, a hand, a foot, an arm, or a leg or the
of the offense, where homicide is graver than loss of the use of any such member or incapacity for
rape, rape is graver than mutilation, when 2 or work)
3 of these are presence, it will be only one
crime which is the most servere will be taken PARAGRAPH 4
into account. Violence or intimidation; a degree clearly unnecessary
for the commission of the crime or
In the case presented, the crime wil be robbery
with homicide. The rape will not be considered PARAGRAPH 5
as a separate crime and it will be included in Other cases; simple robbery (e.g. Violence or
the aforementioned crime. intimidation only or P.I is slight, no use of
firearm/weapon)
If there is rape on the occasion of robbery, then
there’s mutilation, the proper crime will be
Art. 295. Robbery with physical injuries,
robbery with rape. Mutilation will be included. committed in an uninhabited place and by a band,
No need to complex it with the other crime/s. or with the use of firearm on a street, road or
alley. — If the offenses mentioned in subdivisions
If there’s a attempted rape, is not included under Article three, four, and five of the next preceding article shall
294. There will be 2 separate crimes since the have been committed in an uninhabited place or
attempted rape is not necessary in the commission of by a band, or by attacking a moving train, street
car, motor vehicle or airship, or by entering the
robbery, robbery and attempted rape. The main intent
passenger's compartments in a train or, in any
must be robbery. If the victim was raped first, then the manner, taking the passengers thereof by
offender took the personal property of the former, then, surprise in the respective conveyances, or on a
there are 2 separate crimes; raped and theft. street, road, highway, or alley, and the
intimidation is made with the use of a firearm, the
In physical injuries, the force or violence must preceed offender shall be punished by the maximum period of
the robbery, likewise in intimidation. the proper penalties.
In the same cases, the penalty next higher in degree

ILLUSTRATION shall be imposed upon the leader of the band.
● D, the victim was walking along the sidewalk
when someone opened his bag and took the
cell phone thereof. O, the accused, ran away BY A BAND (Article 14: Justifying Circumstances)
80
Three or more armed malefactors shall have acted
Any armed person who shall commit robbery in an
together in the commission of an offense. inhabited house or public building or edifice
devoted to religious worship, shall be punished by
reclusion temporal, if the value of the property taken
Art. 296. Definition of a band and penalty incurred
shall exceed Fifty thousand pesos (P50,000).
by the members thereof. — When more than three
armed malefactors take part in the commission of a
and if -
robbery, it shall be deemed to have been committed
by a band. When any of the arms used in the
(a) The malefactors shall enter the house or building
commission of the offense be an unlicensed firearm,
in which the robbery was committed, by any of the
the penalty to be imposed upon all the malefactors
following means:
shall be the maximum of the corresponding penalty
1. Through an opening not intended for
provided by law, without prejudice of the criminal
entrance or egress.
liability for illegal possession of such unlicensed
2. By breaking any wall, roof, or floor or
firearms.
breaking any door or window.
3. By using false keys, pick locks or similar
Any member of a band who is present at the
tools.
commission of a robbery by the band, shall be
4. By using any fictitious name or
punished as principal of any of the assaults
pretending the exercise of public
committed by the band, unless it be shown that he
authority.
attempted to prevent the same.
Or if -
Art. 297. Attempted and frustrated robbery (b) The robbery be committed under any of the
committed under certain circumstances. — When following circumstances:
by reason or on occasion of an attempted or 1. By the breaking of doors, wardrobes.,
frustrated robbery a homicide is committed, the chests, or any other kind of locked or
person guilty of such offenses shall be punished sealed furniture or receptacle.
by reclusion temporal in its maximum period to 2. By taking such furniture or objects away
reclusion perpetua, unless the homicide committed to be broken or forced open outside the
shall deserve a higher penalty under the provisions of place of the robbery.
this Code.
When the offenders do not carry arms, and the value
of the property taken exceeds Fifty thousand pesos
This is different from attempted rape. In this case, it is
(P50,000) the penalty next lower in degree shall be
the robbery which is attempted or frustrated and in imposed.
occasion of or by reason thereof a homicide is
committed. The same rule shall be applied when the offenders
are armed, but the value of the property taken does
In robbery the object thereof may only be personal not exceed Fifty thousand pesos (P50,000).
property, if the object is a real property, is not a robbery.
When said offenders do not carry arms and the value
However, in a one form of robbery which the object is a
of the property taken does not exceed Fifty thousand
real property (RP), that is under Article 298. pesos (P50,000), they shall suffer the penalty
prescribed in the two (2) next preceding paragraphs,
in its minimum period.
Art. 298. Execution of deeds by means of violence
or intimidation. — Any person who, with intent to If the robbery be committed in one of the
defraud another, by means of violence or dependencies of an inhabited house, public building,
intimidation, shall compel him to sign, execute or or building dedicated to religious worship, the
deliver any public instrument or documents, shall penalties next lower in degree than those prescribed
be held guilty of robbery and punished by the in this article shall be imposed.
penalties respectively prescribed in this Chapter.
The penalty depends on the means by which the

ILLUSTRATION
robbery was carried out and the value of the thing taken.
● If the offender pointed a gun at the owner of
If the value i more than 50k + robbery, penalty is
the RP and intimidated him, so that he will
reclusion temporal.
execute a deed of sale, reliquishing the
ownership of the same from him in favor to the
THROUGH AN OPENING NOT INTENDED FOR
offender, the crime is under 298.
ENTRANCE OR EGRESS. (Aggravating Cirs)
When the entry is made through the window or chimney.
ART. 299. Robbery in an inhabited house or
public building or edifice devoted to worship. -
81
BY BREAKING ANY WALL, ROOF, OR FLOOR OR Still robbery may be committed if it is a door of a chest,
BREAKING ANY DOOR OR WINDOW. (Aggravating wardrobes, vault, or sealed receptacle (piggy bank).
Cirs) This also includes when one took the vault in the safe
If the perpetrator entered the house through an open house and the same was destroyed, crime is robbery.
door but when about to cart away with the valuable
items that he took, he broke the window since the
GENERAL RULE: For the robbery with force upon
refrigerator does not fit to the door. He successfully took things be appreciated, offender must entered the
the item. Is robbery be appreciated? house through a breaking the outer walls, outer
● No. The breaking of any wall, roof, etc. must windows, or outer doors.
have been done only for the offender to enter
the house. If only used as means of egress, EXCEPTION: May still be appreciated if offender
about to leave, that is not the breaking broke the door of a chest, cabinet, vault, or sealed
receptacle.
contemplated here.
If he broke the window, reached for the item therein. Is it PROPERTY NOT EXCEED 50K - prision mayor
still robbery?
● No. It must be for him to gain entry. OFFENDERS DO NOT CARRY ARMS - prision
correcional in minimum
The perpetrator entered the house, through an open
door, however, he couldn’t find anything valuable, IF BOTH, VIOLENT and INTIMIDATION + FORCE
thinking that the same is being kept in one of the rooms. UPON THINGS
Then, he destroyed the door of the room. Is it robbery The offender entered by breaking the door (force). Upon
with force upon things? entry, the owner woke up, the former pointed the gun at
● No. The door/window/wall that must have the latter (violence/intimidation). The latter was tied to a
been destroyed must be the outer wall chair and offender took the items with a value exceeding
which enable him to enter the house; outer 50k. What crime did the offender commit?
walls, outer windows, outer doors. ● If in a robbery is both present, the graver of the
act will be consider; violence or intimidation is
BY USING FALSE KEYS, PICK LOCKS OR SIMILAR more serious than force upon things. The cime
TOOLS. will be based on Article 294.
If the owner left his key, then robbed by the accused.
Then it was used to open the door, is it considered a However, if you look at the 2nd to the last paragraph of
false key? Art. 299, the penalty will be prison correcional in
● Yes. False keys are genuine keys stolen from minimum period (if they do not carry firearms).
the owner or any keys other than those
intended by the owner for use in the lock If offender entered the house, destroyed the door, when
forcibly opened by the offender. he was inside the owner saw him, where the offender is
bigger than him, offender intimidated the latter. Offender
If the keys were found by the perpetrator, took the property worth less than 50k. In this case, since
“stolen” is a product of theft. Therefore, under no one is harmed, no firearms being mentioned, since
theft, even if you found a personal property and there’s intimidation the penalty will be based on Article
you did not return, where the owner is known 294, paragraph number 5.
or there is no effort exerted to find the owner,
or one did not deliver it to the proper authority, As between the two, since there is Force upon things +
it will be under theft. In effect, those keys are violence, if we follow that rule, the penalty will be prision
still considered as stolen. correcional maximum to prision mayor medium, which is
lower than penalty imposed under the second to the last
BY USING ANY FICTITIOUS NAME OR PRETENDING paragraph, prison mayor in minimum. Because if we
THE EXERCISE OF PUBLIC AUTHORITY. apply robbery with violence against persons, it is only
One claiming to be an officer of Bureau of Fire where he prision correcional. Whereas when you apply robbery
committed robbery thereof. with forced upon things it will be prision mayor
minimum. How do we remedy this? Does it mean that
PROPERTY ABOUT 50K + By the breaking of doors, when the robbery with force upon things, for the penalty
wardrobes., chests, or any other kind of locked or be lower, one must also intimidate the owner of the
sealed furniture or receptacle or By taking such house?
furniture or objects away to be broken or forced ● The rule is that, if in a robbery they co-exist,
open outside the place of the robbery. the crime is robbery with violence against
82
persons. Except, if the penalty for
or closed furniture or receptacle has been
violence/intimidaiton is lower with robbery with broken.
force upon things. In which case, the offender
will be prosecuted not under Art. 294 but Art. 5. If any closed or sealed receptacle, as
299 on robbery with force upon things. mentioned in the preceding paragraph, has
been removed, even if the same be broken
open elsewhere.
Art. 300. Robbery in an uninhabited place and by
a band. — The robbery mentioned in the next When the value of the property taken does not
preceding article, if committed in an uninhabited exceed Fifty thousand pesos (P50,000), the penalty
place and by a band, shall be punished by the next lower in degree shall be imposed.
maximum period of the penalty provided therefor.
In the cases specified in Articles 294. 295, 297. 299,
300, and 302 of this Code, when the property taken is
Art. 301. What is an inhabited house, public mail matter or large cattle, the offender shall suffer
building or building dedicated to religious the penalties next higher in degree than those
worship and their dependencies. — Inhabited provided in said articles.
house means any shelter, ship or vessel constituting
the dwelling of one or more persons, even though the
inhabitants thereof shall temporarily be absent Art. 303. Robbery of cereals, fruits, or firewood in
therefrom when the robbery is committed. an uninhabited place or private building. — In the
cases enumerated in Articles 299 and 302, when the
All interior courts, corrals, waterhouses, granaries, robbery consists in the taking of cereals, fruits, or
barns, coach-houses, stables or other departments or firewood, the culprit shall suffer the penalty next
inclosed places contiguous to the building or edifice, lower in degree than that prescribed in said articles.
having an interior entrance connected therewith, and
which form part of the whole, shall be deemed
dependencies of an inhabited house, public building Cereals mentioned here refers seedling which is the
or building dedicated to religious worship.c immediate product of the soil. Thus, hulled rice is not
the immediate and natural product of the soil.
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 Art. 304. Possession of picklocks or similar tools.
the building and having direct connection therewith. — Any person who shall without lawful cause have
in his possession picklocks or similar tools
The term "public building" includes every building especially adopted to the commission of the
owned by the Government or belonging to a private crime of robbery, shall be punished by arresto
person not included used or rented by the mayor in its maximum period to prision correccional
Government, although temporarily unoccupied by the in its minimum period.
same.
The same penalty shall be imposed upon any person
who shall make such tools. If the offender be a
ART. 302. Robbery in an uninhabited place or in a locksmith, he shall suffer the penalty of prision
private building. - Any robbery committed in an correccional in its medium and maximum periods.
uninhabited place or in a building other than those
mentioned in the first paragraph of Article 299 if the Mere possession of picklocks can be liable under this
value of the property taken exceeds Fifty thousand
pesos (P50,000), shall be punished by prision article.
correccional in its medium and maximum periods
provided that any of the following circumstances is
Art. 305. False keys. — The term "false keys" shall
present:
be deemed to include:
1. If the entrance has been effected through
1. The tools mentioned in the next preceding articles.
any opening not intended for entrance or
egress.
2. Genuine keys stolen from the owner.
2. If any wall, root floor or outside door or
3. Any keys other than those intended by the owner
window has been broken.
for use in the lock forcibly opened by the offender.
3. If the entrance has been effected through
the use of false keys, picklocks or other
similar tools. Art. 306. Who are brigands; Penalty. — When
more than three armed persons form a band of
4. If any door, wardrobe, chest, or any sealed robbers for the purpose of committing robbery in
83
the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for xxx
any other purpose to be attained by means of
force and violence, they shall be deemed highway e. Highway Robbery/Brigandage. The seizure of
robbers or brigands. any person for ransom, extortion or other
unlawful purposes, or the taking away of the
Persons found guilty of this offense shall be punished property of another by means of violence against
by prision mayor in its medium period to reclusion or intimidation of person or force upon things of
temporal in its minimum period if the act or acts other unlawful means, committed by any person
committed by them are not punishable by higher on any Philippine Highway.
penalties, in which case, they shall suffer such high
penalties. Section 3. Penalties. Any person who commits piracy
or highway robbery/brigandage as herein defined,
If any of the arms carried by any of said persons be shall, upon conviction by competents court be
an unlicensed firearms, it shall be presumed that said punished by:
persons are highway robbers or brigands, and in
case of convictions the penalty shall be imposed in a. Piracy. The penalty of reclusion temporal in its
the maximum period. medium and maximum periods shall be imposed. If
physical injuries or other crimes are committed as a
result or on the occasion thereof, the penalty of
Who are brigands? -paragraph 1, Article 306. reclusion perpetua shall be imposed. If rape, murder
or homicide is committed as a result or on the
It does not require that they commit the crime, The main occasion of piracy, or when the offenders abandoned
object in enacting this law (Art. 306) is to prevent the the victims without means of saving themselves, or
formation of such band. when the seizure is accomplished by firing upon or
boarding a vessel, the mandatory penalty of death
shall be imposed.
BRIGANDAGE ROBBERY
b. Highway Robbery/Brigandage. The penalty of
to commit robbery in the the purpose of the reclusion temporal in its minimum period shall be
highway, or offenders imposed. If physical injuries or other crimes are
is only to commit committed during or on the occasion of the
to kidnap persons for the robbery, not necessarily commission of robbery or brigandage, the penalty of
purpose of extortion or to in the highway reclusion temporal in its medium and maximum
obtain ransom, or periods shall be imposed. If kidnapping for ransom or
extortion, or murder or homicide, or rape is committed
for any other purpose to as a result or on the occasion thereof, the penalty of
be attained by means of death shall be imposed.
force and violence
Section 4. Aiding pirates or highway robbers/brigands
or abetting piracy or highway robbery/brigandage.
Any person who knowingly and in any manner aids or
Art. 307. Aiding and abetting a band of brigands. protects pirates or highway robbers/brigands, such as
— Any person knowingly and in any manner aiding, giving them information about the movement of police
abetting or protecting a band of brigands as or other peace officers of the government, or acquires
described in the next preceding article, or giving them or receives property taken by such pirates or
information of the movements of the police or other brigands or in any manner derives any benefit
peace officers of the Government (or of the forces of therefrom; or any person who directly or indirectly
the United States Army), when the latter are acting in abets the commission of piracy or highway robbery or
aid of the Government, or acquiring or receiving the brigandage, shall be considered as an accomplice of
property taken by such brigands shall be punished by the principal offenders and be punished in
prision correccional in its medium period to prision accordance with the Rules prescribed by the Revised
mayor in its minimum period. Penal Code.
It shall be presumed that the person performing any It shall be presumed that any person who does any of
of the acts provided in this article has performed them the acts provided in this Section has performed
knowingly, unless the contrary is proven. knowingly, unless the contrary is proven.
PRESIDENTIAL DECREE 532 What differentiates robbery under PD 532 and robbery
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY by a band?
LAW OF 1974 ● If by a band it is also punished under Art. 295
and 296. If 4 armed malefactors have a
Section 2. Definition of Terms. The following terms specific target in mind, where they agree that
shall mean and be understood, as follows:
they will intimidate the victim and took the
84
money, robbery by a band is committed. Under When somebody took a money from F’s bag, then tried
brigandage, it is committed if the offender is to retrieved the money immediately while his handsin
indiscriminate. In the case given, there was a the same, however, upon doing so, the accused
specific target. punched F preventing the latter in gaining possession of
the said money, the crime is robbery. There’s
Thus: violence/intimidation.
BRIGANDAGE ROBBERY BY A BAND
NO CRIME OF FRUSTRATED THEFT;
No specific target in mind If there’s specific target Cases of Diño, Espiritu, and Valenzuela
PEOPLE v DIÑO
C.A., 45 O.G. 3446 C.A., 45 O.G. 3446
Art. 308. Who are liable for theft. — Theft is
committed by any person who, with intent to gain The accused therein, a driver employed by the United
but without violence against or intimidation of States Army, had driven his truck into the port area of
persons nor force upon things, shall take personal the South Harbor, to unload a truckload of materials
property of another without the latter's consent. to waiting U.S. Army personnel. After he had finished
unloading, accused drove away his truck from the
Theft is likewise committed by: Port, but as he was approaching a checkpoint of the
Military Police, he was stopped by an M.P. who
1. Any person who, having found lost property, inspected the truck and found therein three boxes of
shall fail to deliver the same to the local army rifles.
authorities or to its owner;
The accused later contended that he had been
2. Any person who, after having maliciously stopped by four men who had loaded the boxes with
damaged the property of another, shall remove or the agreement that they were to meet him and
make use of the fruits or object of the damage retrieve the rifles after he had passed the checkpoint.
caused by him; and The trial court convicted accused of consummated
theft, but the Court of Appeals modified the
3. Any person who shall enter an inclosed estate or conviction, holding instead that only frustrated theft
a field where trespass is forbidden or which had been committed.
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. Accordingly, it is necessary for the crime of robbery to
become consummated is that the offender must have
full control over the property.
THEFT
Theft is committed by any person who, with intent to
Compare to this case of:
gain but without violence against or intimidation of
persons nor force upon things, shall take personal PEOPLE v ESPIRITU, ET AL.,
property of another without the latter's consent. CA-G.R. No. 2107-R, May 31, 1949
The accused had removed nine pieces of hospital

It does not require that the property is owned by the
linen from a supply depot and loaded them onto a
possessor. In facts, even if the latter stole the property truck. However, as the truck passed through the
from another, and the offender stole the said property checkpoint, the stolen items were discovered by the
from the one who stole it, the offender still commits theft. Military Police running the checkpoint.
The taking must be with intent to gain. Here, it is a state Even though those facts clearly admit to similarity
of mind. In one case, when the woman was raped, the with those in Diño, the Court of Appeals held that the
accused were guilty of consummated theft, as the
offender thereafter took her panty home for purposely accused "were able to take or get hold of the hospital
have an element of the said vile sexual encounter. Other linen and that the only thing that was frustrated,
than rape commited, he also committed theft. However, which does not constitute any element of theft, is the
if it is a remembrance, it cannot be said that there’s a use or benefit that the thieves expected from the
intent to gain. It may be coercion. commission of the offense.
Snatching, on the other hand, there’s a certain degree in Here it was ruled that the crime is consummated as
taking the property. Is it robbery or theft? much as they have a control over the thing.
● The law requires that force upon things,
violence/intimidation. Therefore, in snatching it The difference is lies in the “container”, thus:
would be theft.
85
➔ In DIÑO, the boxes of rifle were not encased in
Unlawful taking, which is the deprivation of one’s
a warehouse, the container thereof is the entire
personal property, is the element which produces
compound.
the felony in its consummated stage. At the same
time, without unlawful taking as an act of execution,
It was held that the crime committed is that of
the offense could only be attempted theft, if at all.
frustrated theft, because the fact determinative
of consummation in the crime of theft is the
With these considerations, we can only conclude that
ability of the offender to dispose freely of the under Article 308 of the Revised Penal Code, theft
articles stolen, even if it were more or less cannot have a frustrated stage. Theft can only be
momentarily. attempted or consummated.
➔ In ESPIRITU, they took the linens from inside

The operative word is “taking”. Once the offender has
of the warehouse, they about to take it out. In
taken the personal property, that is already
effect, the lines were already out from its
consummated theft. What is essential is that there is
container, a full control over the thing. They
taking.
could already dispose of the goods that they
thought there was already taking.
As to property belonging to another, the offender must
not be the one who owns it. If the property is co-owned,
if the right is undivided, there’s no theft.
It was held that the crime of theft was
consummated because the thieves were able
Can one be held criminally liable of theft if the latter took
to take or get hold of the hospital linen and that
the salary from his/her boss?
the only thing that was frustrated, which does
● Yes. Despite that he/she is entitled to have the
not constitute any element of theft, is the use
money, as long as the said money had not yet
or benefit that the thieves expected to derive
been delivered, it doesn't belong to him/her.
from the commission of the offense.
If one has the possession of the stolen property, can he
In pointing out the distinction between Diño and Espiritu,
found guilty if there’s no evidence presented?
Reyes wryly observes that "[w]hen the meaning of an
● There’s a presumption that the one who has
element of a felony is controversial, there is bound to
the stolen property is the one who took the
arise different rulings as to the stage of execution of that
same. But this is rebuttable, if the possessor
felony." Indeed, we can discern from this survey of
could show proof that he had only received the
jurisprudence that the state of the law insofar as
said property, the presumption is already
frustrated theft is concerned is muddled. It fact, given
overcame.
the disputed foundational basis of the concept of
frustrated theft itself, the question can even be asked
PARAGRAPH 1
whether there is really such a crime in the first place.
One who found and took the cell phone of the other,
where the latter left the same, the offender took the sim
Thus, in this case:
and sold the cell phone. Is theft can be appreciated?
VALENZUELA v PEOPLE ● Yes, even if you found it and did not return to
GR No. 160188 (2007) the owner or to the proper authorities so that
he/she can find the owner. There’s no such
A grocery boy was caught trying to abscond a box of thing as finders keepers.
Tide Ultrabar laundry soap from the Super Sale Club.
The guards apprehended him at the store parking lot
while trying to board a taxi. He claimed the theft was If proven that the item was just left, theft is stil
merely frustrated for he was not able to dispose of appreciated. One has no right to appropriate
the goods. himself any personal property that he/she had
found.
The Revised Penal Code (RPC) provisions on Theft
have not been designed in such fashion as to
NOT LIMITED TO ACTUAL FINDER
accommodate the earlier rulings. Again, there is no
language in Article 308 that expressly or impliedly A found in his carretela a purse containing money and
allows that the "free disposition of the items stolen" is jewelry left by a passenger. A delivered it to B, a
in any way determinative of whether the crime of policeman, with a request to give it to C, the owner
Theft has been produced. thereof. B did not give it to C and appropriated it.
Insofar as we consider the present question, Held: B is liable for theft, because although B is not a
"unlawful taking" is most material in this respect. finder in fact, he is a finder in law. The finder (A)
86
acquires physical custody only and does not become
are used: Provided, that if the explosion results (1) in
vested with the legal possession of the thing. The physical injury to person, the penalty shall be
person (B) to whom it was confided for delivery to its imprisonment from 12 to 20 years, or (2) in the loss of
owner assumes, by voluntary substitution, as to both the human life, then the penalty shall be imprisonment
property and its owner, the place occupied by the finder. from 20 years to life, or death;
PARAGRAPH 2 b. by imprisonment from 8 to 10 years, if obnoxious

or poisonous substances are used: Provided, that if
B, A’s neighbor, has a mango tree bearing with fruits. A
the use of such substances results (1) in physical
threw some slippers to it and then fell. A is not fond of injury to any person, the penalty shall be
eating mangoes, he just likes to throw on it and watch it imprisonment from 10 to 12 years, or (2) in the loss of
fall. What crime did he commit? human life, then the penalty shall be imprisonment
● At that point, it is just malicious mischief since from 20 years of life, or death;
he was just destroying the property of B.
However, if A proceeded to pick the mangoes, c. by imprisonment from 6 months to 4 years, or by a
fine of from P500 to P5,000 for violation of rules and
eat them or appropriate (sell) them to other
regulations mentioned in paragraph (f) of Section 1
person, the crime will be theft. hereof.
The same is appreciated when X’s neighbor, O, If the violation is committed by a partnership,
owns a goat which the latter grazed on the association or corporation, the managing partner or
former’s property. One day, X took his bolo director or president who ordered or allowed the
from his house and hacked the goat to death. violation to be committed shall be liable together with
other persons who actually committed the prohibited
At that point, upon leaving the goat, X acts.
committed malicious mischief. However, if X
proceeded to cook the meat of the same, it is Section 4. Dealing in illegally caught fish or
theft. fishery/aquatic products. Any person who knowingly
possesses, deals in, sells, or in any manner disposes
PARAGRAPH 3 of, for profit, any fish, fishery-aquatic products which
have been illegally caught, taken or gathered shall,
Supposedly when one entered a closed estate, it is the
upon conviction by a competent court, be punished
crime of other forms of trespass. But one entered and by imprisonment from 2 to 6 years.
proceed to gathered the fish from a flooded area, not
intended as a fishery, that the fishes in that particular
place is incidental not purposely. (Simple theft) ART. 309. Penalties. - Any person guilty of theft shall
be punished by:
What makes this differ from qualified theft is that the
place is not a fishery area or is not purposely intended 1. The penalty of prision mayor in its minimum and
for either industrial or commercial fishery. medium periods, if the value of the thing stolen is
more than One million two hundred thousand
pesos (P1,200,000) but does not exceed Two
PRESIDENTIAL DECREE No. 534 million two hundred thousand pesos (P2,200,000);
Defining Illegal Fishing And Prescribing Stiffer Penalties but if the value of the thing stolen exceeds the latter
Therefor amount, the penalty shall be the maximum period of
the one prescribed in this paragraph, and one (1)
Section 2. Prohibition. It shall be unlawful for any year for each additional One million pesos
person to catch, take or gather or caused to be (P1,000,000). but the total of the penalty which may
caught, taken or gathered fish or fishery/aquatic be imposed shall not exceed twenty (20) years. In
products in Philippine waters with the use of such cases, and in connection with the accessory
explosives, obnoxious or poisonous substances penalties which may be imposed and for the purpose
or by the use of electricity: Provided, that the of the other provisions of this Code, the penalty shall
Secretary of Natural Resources may, subject to such be termed prision mayor or reclusion temporal, as the
safeguards and conditions he deems necessary, case may be.
allow for research, educational or scientific purposes
only the use of explosives, obnoxious or poisonous 2. The penalty of prision correccional in its
substances or electricity to catch, take or gather fish medium and maximum periods, if the value of the
or fishery/aquatic products in specified areas. thing stolen is more than Six hundred thousand
pesos (P600,000) but does not exceed One million
Section 3. Penalties. Violations of this Decree and the two hundred thousand pesos (P1,200,000).
rules and regulations mentioned in paragraph (f) of
Section 1 hereof shall be punished as follows: 3. The penalty of prision correccional in its
minimum and medium periods, if the value of the
a. by imprisonment from 10 to 12 years, if explosives property stolen is more than Twenty thousand
87
pesos (P20,000) but does not exceed Six hundred domestic servant, or with grave abuse of
thousand pesos (P600 ,000). confidence, or if the property stolen is motor
vehicle, mail matter or large cattle or consists of
4. Arresto mayor in its medium period to prision coconuts taken from the premises of the
correccional in its minimum period, if the value of plantation or fish taken from a fishpond or
the property stolen is over Five thousand pesos fishery, or if property is taken on the occasion of
(P5,000) but does not exceed Twenty thousand fire, earthquake, typhoon, volcanic erruption, or
pesos (P20,000). any other calamity, vehicular accident or civil
disturbance.
5. Arresto mayor to its full extent, if such value is
over Five hundred pesos (P500) but does not
exceed Five thousand pesos (P5,000). NOTE: When you hear the word “qualify” it will increase
the penalty.
6. Arresto mayor in its minimum and medium
periods, if such value does not exceed Five Theft is qualified —
hundred pesos (P500). 1. If the theft is committed by a domestic servant.
2. If the theft is committed with grave abuse of
7. Arresto menor or a fine not exceeding Twenty
thousand pesos (P20,000), if the theft is committed confidence.
under the circumstances enumerated in 3. If the property stolen is a (a) motor vehicle, (b) mail
paragraph 3 of the next preceding article and the matter, or (c) large cattle.
value of the thing stolen does not exceed Five 4. If the property stolen consists of coconuts taken from
hundred pesos (P500). If such value exceeds said the premises of a plantation.
amount, the provisions of any of the five preceding- 5. If the property stolen is fish taken from a fishpond or
subdivisions shall be made applicable.
fishery.
8. Arresto menor in its minimum period or a fine 6. If property is taken on the occasion of fire,
of not exceeding Five thousand pesos (P5,000), earthquake, typhoon, volcanic eruption, or any other
when the value of the thing stolen is not over Five calamity, vehicular accident or civil disturbance.
hundred pesos (P500), and the offender shall
have acted under the impulse of hunger, poverty, DOMESTIC SERVANT
or the difficulty of earning a livelihood for the -housemate
support of himself or his family.
GRAVE ABUSE OF CONFIDENCE
Penalty imposed is dependent on the following: One who hired a cashier where the latter enjoys the
(1) the value of the thing stolen, and in some cases (2) confidence. If she took the money from the register, then
the value and also the nature of the property taken, or it’s qualified theft. It is not estafa since the possession is
(3) the circumstances or causes that impelled the culprit just momentary and not taken by administration or trust,
to commit the crime. it is just a physical possession over the said cash.
The prosecutors must allege the value of the item taken. If the thing taken is coconut, it is QT. While having a jog,
X became thirsty. He saw a store which sells coconut
If the neighbor took the fighting cock, entered it in a water. Since the seller was not around, he then took a
contest, and the same won without any injuries. The liberty to took one and opened it, drank the coconut
owner did not know that his fighting cock was missing. water without paying. Is it a QT or simple theft (ST)?
So the former returned it. Did he commit any crime? ● True, the thing taken was a coconut. But, what
● Yes, guilty of theft. The return of the property constitute a QT in the given case is that it must
stolen will not exonerate one of the crime since be taken within the premises of a plantation.
there is already taking. However, it can only The same with the fishes indicated in the
benefit the one who took because the civil article it must be in a fishery zone or pond, that
liability may be reduce since he returned the is being raised or breed.
property.
With regard to motor vehicle, it is under RA 10883.
One can be liable for theft if he took the item and use it,
notwithstanding the duration of time enjoyed, even if the With regard to illegal cutting of logs:
taking is momentarily, theft is appreciated.
PRESIDENTIAL DECREE No. 330
Art. 310. Qualified theft (QT). — The crime of theft PENALIZING TIMBER SMUGGLING OR ILLEGAL
shall be punished by the penalties next higher by CUTTING OF LOGS FROM PUBLIC FORESTS AND
two degrees than those respectively specified in FOREST RESERVES AS QUALIFIED THEFT
the next preceding article, if committed by a
88
Section 1. Any person, whether natural or known to him, to have been derived from the
juridical, who directly or indirectly cuts, gathers, proceeds of the crime of robbery or theft.
removes, or smuggles timber, or other forest
products, either from any of the public forest, (b) "Fence" includes any person, firm, association
forest reserves and other kinds of public forests, corporation or partnership or other organization
whether under license or lease, or from any who/which commits the act of fencing.
privately owned forest lands in violation of
existing laws, rules and regulation shall be guilty Section 3. Penalties. Any person guilty of fencing
of the crime of qualified theft as defined and shall be punished as hereunder indicated:
penalized under Articles 308, 309 and 310 of the
Revised Penal Code; Provided, That if the offender (a) The penalty of prision mayor, if the value of the
is a corporation, firm, partnership or association, the property involved is more than 12,000 pesos but not
penalty shall be imposed upon the guilty officer or exceeding 22,000 pesos; if the value of such property
officers, as the case may be, of the corporation, firm, exceeds the latter sum, the penalty provided in this
partnership or association, and if such guilty officer or paragraph shall be imposed in its maximum period,
officers are aliens, in addition to the penalty herein adding one year for each additional 10,000 pesos;
prescribed, he or they shall be deported without but the total penalty which may be imposed shall not
further proceedings on the part of the Commissioned exceed twenty years. In such cases, the penalty shall
of Immigration and Deportation. be termed reclusion temporal and the accessory
penalty pertaining thereto provided in the Revised
Penal Code shall also be imposed.
With regard to large cattle:
(b) The penalty of prision correccional in its medium
PRESIDENTIAL DECREE No. 533
THE ANTI-CATTLE RUSTLING LAW OF 1974 and maximum periods, if the value of the property
robbed or stolen is more than 6,000 pesos but not
Section 8. Penal provisions. Any person convicted exceeding 12,000 pesos.
of cattle rustling as herein defined shall,
irrespective of the value of the large cattle (c) The penalty of prision correccional in its minimum
involved, be punished by prision mayor in its and medium periods, if the value of the property
maximum period to reclusion temporal in its involved is more than 200 pesos but not exceeding
medium period if the offense is committed 6,000 pesos.
without violence against or intimidation of
persons or force upon things. If the offense is (d) The penalty of arresto mayor in its medium period
committed with violence against or intimidation to prision correccional in its minimum period, if the
of persons or force upon things, the penalty of value of the property involved is over 50 pesos but
reclusion temporal in its maximum period to reclusion not exceeding 200 pesos.
perpetua shall be imposed. If a person is seriously
injured or killed as a result or on the occasion of the (e) The penalty of arresto mayor in its medium period
commission of cattle rustling, the penalty of reclusion if such value is over five (5) pesos but not exceeding
perpetua to death shall be imposed. 50 pesos.
When the offender is a government official or (f) The penalty of arresto mayor in its minimum period
employee, he shall, in addition to the foregoing if such value does not exceed 5 pesos.
penalty, be disqualified from voting or being voted
upon in any election/referendum and from holding Fencing is important that one has a knowledge that the
any public office or employment.
item being sold is a stolen item.
When the offender is an alien, he shall be deported
immediately upon the completion of the service of his There’s a fence if there’s a proceeds of another crime.
sentence without further proceedings. Thus, A borrowed the necklace of B. He wore it to the
party. The former did not return it, instead sold it to C.
Did C violate the Anti-Fencing Law?
PRESIDENTIAL DECREE No. 1612 ● The thing was not a proceed of a robbery or
ANTI-FENCING LAW OF 1979 theft. A borrowed it to B, hence, there is
consent. Consent is not an element of robbery
Section 2. Definition of Terms. The following terms
shall mean as follows: nor theft. The crime is estafa.
(a) "Fencing" is the act of any person who, with

ART. 312. Occupation of real property or
intent to gain for himself or for another, shall buy,
usurpation of real rights in property. -Any person
receive, possess, keep, acquire, conceal, sell or
who, by means of violence against or intimidation of
dispose of, or shall buy and sell, or in any other
persons, shall take possession of any real
manner deal in any article, item, object or
property or shall usurp any real rights in property
anything of value which he knows, or should be
belonging to another, in addition to the penalty
89
incurred for the acts of violence executed by him, (P40,000) but does not exceed One million two
shall be punished by a fine from fifty (50) to one hundred thousand pesos (P1,200,000).
hundred (100) per centum of the gain which he shall
have obtained, but not less than Fifteen thousand "4th. By arresto mayor in its medium and maximum
pesos (P15,000). periods, if such amount does not exceed Forty
thousand pesos (P40,000): Provided, That in the four
If the value of the gain cannot be ascertained, a fine cases mentioned, the fraud be committed by any of
from Forty thousand pesos (P40,000) to One hundred the following means.
thousand pesos (P100,000) shall be imposed.
"1. With unfaithfulness or abuse of confidence,
namely:
If there are squatters in a property, you cannot
prosecute them. However, if they enter by means of "(a) By altering the substance, quantity, or quality of
violence or intimidation, Art. 312 is applicable. 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
ART. 313. Altering boundaries or landmarks. - Any consideration.
person who shall alter the boundary marks or
monuments of towns, provinces, or estates, or "(b) By misappropriating or converting, to the
any other marks intended to designate the prejudice of another, money, goods, or any other
boundaries of the same, shall be punished by personal property received by the offender in trust or
arresto menor or a fine not exceeding Twenty on commission, or for administration, or under any
thousand pesos (P20,000), or both. 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
Art. 314. Fraudulent insolvency. — Any person denying having received such money, goods, or other
who shall abscond with his property to the property.
prejudice of his creditors, shall suffer the penalty of
prision mayor, if he be a merchant and the penalty of "(c) By taking undue advantage of the signature of
prision correccional in its maximum period to prision the offended party in blank, and by writing any
mayor in its medium period, if he be not a merchant. document above such signature in blank, to the
prejudice of the offended party or any third person.
"2. By means of any of the following false pretenses

ART. 315. Swindling (estafa). - Any person who
or fraudulent acts executed prior to or simultaneously
shall defraud another by any of the means
with the commission of the fraud:
mentioned herein below shall be punished by:
"(a) By using fictitious name, or falsely pretending to
"1st. The penalty of prision correccional in its
possess power, influence, qualifications, property,
maximum period to prision mayor in its minimum
credit, agency, business or imaginary transactions, or
period, if the amount of the fraud is over Two
by means of other similar deceits.
million four hundred thousand pesos (P2,400,000)
but does not exceed Four million four hundred
"(b) By altering the quality, fineness or weight of
thousand pesos (P4,400,000), and if such amount
anything pertaining to his art or business.
exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period,
"(c) By pretending to have bribed any Government
adding one year for each additional Two million pesos
employee, without prejudice to the action for calumny
(P2,000,000): but the total penalty which may be
which the offended party may deem proper to bring
imposed shall not exceed twenty years. In such
against the offender. In this case, the offender shall
eases, and in connection with the accessory
be punished by the maximum period of the penalty.
penalties which may be imposed and for the purpose
of the other provisions of this Code, the penalty shall
"(d) By postdating a check, or issuing a check in
be termed prision mayor or reclusion temporal as the
payment of an obligation when the offender had no
case may be.
funds in the bank, or his funds deposited therein were
not sufficient to cover the amount of the check. The
''2nd. The penalty of prision correccional in its
failure of the drawer of the check to deposit the
minimum and medium periods, if the amount of the
amount necessary to cover his check within three (3)
fraud is over One million two hundred thousand
days from receipt of notice from the bank and/or the
pesos (P1,200,000) but does not exceed Two
payee or holder that said check has been dishonored
million four hundred thousand pesos
for lack or insufficiency of funds shall be prima facie
(P2,400,000).
evidence of deceit constituting false pretense or
fraudulent act.
"'3rd. The penalty of arresto mayor in its maximum
period to prision correccional. in its minimum period,
"Any person who shall defraud another by means of
if such amount is over Forty thousand pesos
false pretenses or fraudulent acts as defined in
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is not shabu but another substance that looks
paragraph 2(d) hereof shall be punished by:
similar to it. Can the receiver prosecute the
"1st. The penalty of reclusion temporal in its seller for estafa by alteringt the substance?
maximum period, if the amount of fraud is over Four -YES, the law says, ”even though such
million four hundred thousand pesos (P4,400,000) obligation be based on an immoral or illegal
but does not exceed Eight million eight hundred consideration.”
thousand pesos (P8,800,000). If the amount exceeds
the latter, the penalty shall be reclusion perpetua.
IN TRUST OR ON COMMISSION, OR FOR
"2nd. The penalty of reclusion temporal in its ADMINISTRATION
minimum and medium periods, if the amount of the Mr. A was on his way to work. Mr. D told the latter to pay
fraud is over Two million four hundred thousand his bills since the workplace of Mr. A is near the Davao
pesos (P2,400.000) but does not exceed Four million Light. Mr. A affirmed and received the money, however,
four hundred thousand pesos (P4,400,000). instead of paying the bills, he misappropriated it. The
crime is estafa since he received in trust or obligation to
"3rd. The penalty of prision mayor in its maximum
deliver it. With that, would it be consider as a debt on
period, if the amount of the fraud is over One million
two hundred thousand pesos (P 1,200,000) but does the part of Mr. A?
not exceed Two million four hundred thousand pesos ● The obligation mentioned here is a contract
(P2,400,000). of commodatum, on the other hand, loan is a
contract of mutuum42. Examples:
"4th. The penalty of prision mayor in its medium ➔ COMMODATUM. One who borrowed
period, if such amount is over Forty thousand pesos Mr. O’s car, has the obligation to
(P40,000) but does not exceed One million two
hundred thousand pesos (P1,200,000). return the same car he borrowed. If
failed to return the car, he committed
"5th. By prision mayor in its minimum period, if such estafa.
amount does not exceed Forty thousand pesos ➔ MUTUUM. P gave R Php 5000 to buy
(P40.000). a liquor on his birthday. The person
who borrowed, has not the obligation
Through any of the following fraudulent means:
to return THE SAME KIND and
"(a) By inducing another, by means of deceit, to QUALITY of Php 5000 that he
sign any document. received, in fact, he might return it
through a different denominations
"(b) By resorting to some fraudulent, practice to (instead of five 1,000, he will returned
insure success in a gambling game. it in a fifty 100 peso bill) so long as the
amount borrowed was returned.
"(c) By removing, concealing or destroying, in
whole or in part, any court record, office files,
document or any other papers. This also applies to perishable goods.
B borrowed five cups of rice for his
birthday. He has the obligation to
1987 PH Constitution return the same amount and quality of
Article III, Bill of Rights rice, but not the same grains that had
SEC. 20. No person shall be imprisoned for debt or borrowed. If he failed to deliver, it is
non-payment of a poll tax. not estafa, that is a loan, and no one
should be imprisoned for the same.
ALTERING THE SUBSTANCE OR QUALITY (OR
QUANTITY) NOTE: If the person who received has no obligation to
● One who has the obligation to deliver Jasmine return the same property that he received, but only the
rice, he already paid, however, he delivered the property of the same quality and same kind (mutuum),
different variety. estafa cannot be appreciated. However, if it is
● One who delivered a two-year old vehicle

42
instead of a brand new one. CREDIT TRANSACTION. Art. 1933. By the contract of loan, one of
the parties delivers to another, either something not consumable
so that the latter may use the same for a certain time and return it,
● One who bought 5 kilos of fish but the seller in which case the contract is called a commodatum; or
money or other consumable thing, upon the condition that the same
did something on the scale resulting to the amount of the same kind and quality shall be paid, in which case the
inaccurate weight of the item. contract is simply called a loan or mutuum.
Commodatum is essentially gratuitous. Simple loan may be gratuitous

● One who ordered and bought shabu (5g), the or with a stipulation to pay interest. In commodatum the bailor retains
the ownership of the thing loaned, while in simple loan, ownership
latter received the same. However, the 2g of it passes to the borrower.
91
commodatum, where the ownership does not transfer to rent. I am just under obligation to top off the
the borrower, and the borrower failed to deliver the gas, top off the gasoline or the fuel after I use
thing, estafa can be appreciated. it. So, that's your obligation. Now, if your
neighbor will ask you to return it immediately,
AS A GENERAL RULE: In commodatum, money cannot even if it's still 2pm, your agreement was for
be a subject and estafa is not applicable. you to use it from 1pm to 5pm, you can set that
up, you can use the agreement as against the
AS AN EXCEPTION: Error coins. If B allowed C to owner. You can use it from 1pm to 5pm. So,
borrowed the error coins, where for purposes of only you can set it up against the, you can use that
showing off to latter’s friends, he has an obligation to against the owner.
return the same and exact error coin to B. Thus, if failed
to deliver, estafa is applicable. ● The same with if you were tasked to, you will
ask your neighbor to ask you to sell his watch
UNDUE ADVANTAGE OF THE SIGNATURE OF THE on a commission basis. On a commission
OFFENDED PARTY IN BLANK basis. He told you that you can sell it, but if
One who ask for an autograph of his favorite artist in a you are able to sell it, he gets your commission
blank paper. Then that person use it to prejudice the and delivers the money. Delivers the money.
offended party by executing a contract. You have 1 month to accomplish that. If you
are not able to accomplish it within that 1
FALSE PRETENSES OR FRAUDULENT ACTS month period, you have to return the watch.
This is common. Examples of which are the fixers. So, once again, there is this juridical
possession. Since you can set that up, at 1
POSTDATING A CHECK, OR ISSUING A CHECK month period, if the owner wanted you to return
The issuance of a worthless check may give rise to the the watch within that 1 month period, you can
to the crime of estafa and BP 22. When can give rise to say no.
estafa?
● When the check is used to or simultaneous However, in what form can you convert it? Or
with an obligation. One who bought a second misappropriate it? For example, if you were
hand motor, issued a check which will be tasked to sell the watch on cash basis, and
encashed next month, but it bounced. The then what you did is that you sold it, but you
crime who issued the check is estafa, and did not deliver to him the money. So, what
violation of BP 22 since it bounced. crime did you commit? This one estafa. Why?
Because you have the obligation to return, to
BY MISAPPROPRIATING OR CONVERTING, TO THE deliver to him the selling price. But that's not
PREJUDICE OF ANOTHER, MONEY, GOODS the only one. If you were tasked to sell the
watch on a cash basis, but what you did is that
you sold it on installment. On installment. Now,
MISAPPROPRIATION CONVERSION
that is what we call conversion. You dispose it
means to own, to take Act of using or disposing as if it is your own. Since what you have
something for one’s own of another’s property as agreed upon is to sell it in cash. If you sold it
benefit. if it were one’s own on installment basis then, or on a term, that
would be estafa.
Before these two will exist, determine first the ● CASHIER/TELLER. What do we call their
relationship. Estafa may only give rise if the relationship possession of the money that they receive from
is that of commodatum, and not of mutuum. clients or customers? Is that a deliberate
possession? The answer is no. That is only a
Going back to the facts given43, Mr. A has this juridical physical possession. Why? If the bank
possession. It is a possession which gives rise to a demands for them to immediately remit the
transfer, a right over the thing which the transferee may amount that they receive, the same with
set up, even against the owner. Other illustrations of cashier, if the owner of the establishment
juridical possession: demanded for the delivery of the money that
● For instance, if you borrowed the car of your they receive from the customers, can they say
neighbor, your neighbor at need, he said, I will no? Can they use any other reason for refusing
borrow it from 1am to 5pm without paying any to do so? In fact, they have no right to bring the
money outside of the establishment. So that is
43
“Mr. A was on his way to work. Mr. D told the latter to pay his bills” only a physical possession.
previous page
92
● TENANTS UNDER TENANCY AGREEMENT. b) to deliver them to a principal; or

If you have a tenancy agreement, between the
landowner and the tenant, the agreement is c) to effect the consummation of some transactions
that the tenant will harvest from the plants or involving delivery to a depository or register; or
from the trees inside the property, sell it, and
deliver the share of the landowner, which is d) to effect their presentation, collection or renewal
usually 25 percent, one-fourth of the value of
The sale of goods, documents or instruments by a
the goods, of the fruits. So if they fail to do so person in the business of selling goods, documents
upon demand, do they commit estafa? The or instruments for profit who, at the outset of the
answer is yes. Because under their contractual transaction, has, as against the buyer, general
obligation, they have the obligation to deliver property rights in such goods, documents or
the share of the landowner. The share of the instruments, or who sells the same to the buyer on
landowner. Immediately, to deliver the share of credit, retaining title or other interest as security for
the payment of the purchase price, does not
the landowner. So in effect, they only hold it in
constitute a trust receipt transaction and is outside
trust. The ownership is not transferred to the purview and coverage of this Decree.
them. So there is trust.
So whenever one get goods from AVON, that person

PRESIDENTIAL DECREE No. 115 must sign a trust receipt agreement. In the trust receipt
PROVIDING FOR THE REGULATION OF TRUST
agreement, it is stated therein that whatever goods
RECEIPTS TRANSACTIONS
received, has the obligation to sell it and to remit to
Section 4. What constitutes a trust receipt AVON the selling price. Agreed selling price, then, that
transaction. A trust receipt transaction, within the person will get a markup.
meaning of this Decree, is any transaction by and The selling price that agreed upon will be delivered to
between a person referred to in this Decree as the AVON. So if one fail to deliver the selling price, or if the
entruster, and another person referred to in this
goods were not sold, you have the obligation to return
Decree as entrustee, whereby the entruster, who
owns or holds absolute title or security interests over the goods that have received from AVON. That's trust
certain specified goods, documents or instruments, receipt agreement. That's the usual provision in the trust
releases the same to the possession of the entrustee receipt agreement.
upon the latter's execution and delivery to the
entruster of a signed document called a "trust receipt" DEPOSIT
wherein the entrustee binds himself to hold the Can you sue the bank for stafa, for the officers of the
designated goods, documents or instruments in trust
bank for stafa? The amount that you deposited to the
for the entruster and to sell or otherwise dispose of
the goods, documents or instruments with the bank the amount that you deposited to the bank, is not
obligation to turn over to the entruster the proceeds actually deposit within the ambit of 315, that is actually
thereof to the extent of the amount owing to the a loan. So your relationship with the bank is that of the
entruster or as appears in the trust receipt or the debtor-creditor, the bank being your debtor. So it will
goods, documents or instruments themselves if they not fall still under stafa.
are unsold or not otherwise disposed of, in
accordance with the terms and conditions specified in
The same with deposit on a school, for the library, for
the trust receipt, or for other purposes substantially
equivalent to any of the following: the use of the books, you deposit a certain amount that
they have the obligation, that the school has the
1. In the case of goods or documents, (a) to sell the obligation to reimburse you with after you have already
goods or procure their sale; or (b) to manufacture or completed the course.
process the goods with the purpose of ultimate sale:
Provided, That, in the case of goods delivered under
Also if you bought an appliance or some appliances on
trust receipt for the purpose of manufacturing or
processing before its ultimate sale, the entruster shall credit, that is also a loan. So that is already outside of
retain its title over the goods whether in its original or the coverage of article 315. You will not be liable for
processed form until the entrustee has complied fully stafa. That will only be a loan that you have to pay.
with his obligation under the trust receipt; or (c) to Because if you will be held liable for estafa, then that will
load, unload, ship or tranship or otherwise deal with be in violation of the provision of the Constitution.
them in a manner preliminary or necessary to their
sale; or
BY PRETENDING TO POSSESS BUSINESS OR
2. In the case of instruments, IMAGINARY TRANSACTIONS
Those who engaged in pyramiding scheme is liable of
a) to sell or procure their sale or exchange; or estafa under this.
93
BY FALSELY PRETENDING TO POSSESS POWER in violation of Article 315, it is estafa. But if
One who received money by telling another that he/she that's the case, if it's in violation of 315, can he
has the power to approve a permit or renew a license be prosecuted also at the same time under BP
even without submitting any requirements is liable of 22?
estafa.
The answer is yes, he could be prosecuted
more, both. The reason being, they have
BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND difference in the elements.
ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS
OR CREDIT AND FOR OTHER PURPOSES.
ART. 315: ESTAFA BP 22
Section 1. Checks without sufficient funds. - Any
person who makes or draws and issues any What is being punished In BP 22, what is being
check to apply on account or for value, knowing under Article 315 is the punished is the fact that
at the time of issue that he does not have deceit, the deceit of the issuance of a
sufficient funds in or credit with the drawee bank somebody that the check worthless check will
for the payment of such check in full upon its
has value. destroy the faith of
presentment, which check is subsequently
dishonored by the drawee bank for insufficiency people to the check, to
of funds or credit or would have been dishonored the negotiable
for the same reason had not the drawer, without instrument, which will
any valid reason, ordered the bank to stop affect our economy. It will
payment, shall be punished by imprisonment of not affect commerce.
less than thirty days but not more than one (1) year or
by a fine of not less than but not more than double
Crimes against property Crimes against public
the amount of the check which fine shall in no case
exceed Two Hundred Thousand Pesos, or both such interest
fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any

person who, having sufficient funds in or credit
with the drawee bank when he makes or draws
and issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full
amount of the check if presented within a period
of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the
drawee bank.
Where the check is drawn by a corporation, company

or entity, the person or persons who actually signed
the check in behalf of such drawer shall be liable
When can we say that it is in contemporaneous to or
under this Act.
simultaneous to the obligation?
Section 2. Evidence of knowledge of insufficient ● ESTAFA in violation of BP 22. You bought a
funds. - The making, drawing and issuance of a second-hand car, a transformer that is sucking
check payment of which is refused by the drawee everything. You issued a cheque, you can now
because of insufficient funds in or credit with such cash it, it is worth P250,000. You received the
bank, when presented within ninety (90) days from
car, you are transferring the ownership to you,
the date of the check, shall be prima facie evidence
of knowledge of such insufficiency of funds or credit you received the car, but when the cheque was
unless such maker or drawer pays the holder thereof in cash, it bounced or even if it is not on date,
the amount due thereon, or makes arrangements for you issued a cheque that is payable after the
payment in full by the drawee of such check within (5) end of the month, so you postdated the
banking days after receiving notice that such check cheque.
has not been paid by the drawee.
You issued it simultaneous to your receipt of
When can one be held criminally liable under, when can the car and the execution of the document,
it be estafa and when can it be violation of BP 22? transferring the ownership of the car to you, of
When can one be held criminally liable under, when can the deed of sale. Execution of the deed of sale.
it be violation of BP 22? So even if it was postdated, but since it was
● If the check was issued simultaneous to or delivered simultaneous to the obligation, then
contemporaneous with the obligation, then it is that is also punishable as estafa.
94
ROSA LIM v PEOPLE
For example, if you are in debt, you bought a car on a GR No. 130038, 2000
loan. You are supposed to pay it within 30 days. It just
happens, within 30 days it happens. You got the car, you FACTS:
got the deed of sale, on the 30th day, you went to the On August 25, 1990, petitioner bought various kinds
seller, you issued the cheque. And the cheque bounced. of jewelry worth P300, 000.00 from Maria Antonia
Will that give rise to estafa? Seguan. She wrote out a check with the same
amount, dated August 25, 1990, payable to “cash”
● The answer is no. Why? Because the delivery
drawn on Metrobank and gave the check to Seguan.
of the cheque is no longer contemporaneous
to, or no longer simultaneous with, the The next day, petitioner again went to Seguan’s store
obligation. So in effect, it becomes a payment and purchased jewelry valued at P241,668.00.
to a pre-existing obligation It is in payment of a Petitioner issued another check payable to “cash”
loan. But it is punishable under BP 22, since dated August 16, 1990 drawn on Metrobank in the
there’s a damage to the commerce. amount of P241,668.007 and sent the check to
Seguan through a certain Aurelia Nadera. Seguan
This is the same when if you borrowed money,
deposited the two checks with her bank. The checks
a loan of 1 million pesos, payable in installment were returned with a notice of dishonor. Petitioner’s
(monthly). So you were required to issue account in the bank from which the checks were
cheques to pay the loan. Monthly installment. drawn was closed. Upon demand, petitioner
You postdated the cheques in sync with the promised to pay Seguan the amounts of the two
time during which its amortization was due. Will dishonored checks, but she never did.
that give rise to estafa? The answer is no.
On June 5, 1991, an Assistant City Prosecutor of
The answer is no. Because once again, the Cebu filed with the RTC, Cebu City, Branch 23, two
cheque was issued in payment of a debt. informations against petitioner for violations of BP No.
22.
NOTE: For purposes of BP 22, the 90 days should be
understood as the period within which the cheque is not After due trial, on December 29, 1992, the trial court
yet paid. As long as the cheque is not yet stale, the rendered a decision in the two cases convicting
petitioner. Petitioner appealed to the CA, but the
issuer, the one who issued the cheque must maintain
same was dismissed by the CA in its October 15,
sufficient funds. It is not stated that it is beyond 90 days. 1996 Decision wherein it affirmed in toto the RTC’s
Decision.
How to prove that drawer has knowledge under BP 22?
● By executing a written order of dishonor. You ISSUE:
should send him a notice of dishonor, informing Whether or not Lim violated B.P. No. 22.
him that the cheque bounced because of
RULING:
insufficient funds, closed account, and that he
The elements of B.P. Blg. 22 are: “(1) The making,
has to redeem the cheque, pay its face value drawing and issuance of any check to apply for
within five days or within a certain period of account or for value; “(2) The knowledge of the
time. maker, drawer, or issuer that at the time of issue he
does not have sufficient funds in or credit with the
If he refused to do so, then there is a drawee bank for the payment of such check in full
presumption now that he has knowledge. That upon its presentment; and “(3) The subsequent
dishonor of the check by the drawee bank for
now overcomes the requirement of proof that insufficiency of funds or credit or dishonor for the
he has knowledge that his cheque has no same reason had not the drawer, without any valid
funds. cause, ordered the bank to stop payment.”
If the drawer of the cheque refused to received the The gravamen of B.P. No. 22 is the act of making and
notice of dishonor and did not sign it, it is enough that issuing a worthless check or one that is dishonored
upon its presentment for payment. And the accused
the one who delivered the notice of dishonor may
failed to satisfy the amount of the check or make
execute an affidavit which may state as follows: arrangement for its payment within five banking days
from notice of dishonor. The act is malum prohibitum,
“...that,on this particular day and time, I went pernicious and inimical to public welfare. Laws are
to the house of the drawer, I delivered to him created to achieve a goal intended and to guide and
the notice of dishonor dated, and prevent against an evil or mischief. Why and to whom
that despite of the delivery of the set notice of the check was issued, and the terms & conditions
surrounding the issuance of the checks, are irrelevant
dishonor, he refused to pay the value of the
in determining culpability.
check.”
Under BP No. 22, one need not prove that the check
95
was issued in payment of an obligation, or that there penalty of imprisonment and imposing only the
was damage. It was ruled in United States v. Go penalty of fine in an amount double the amount of the
Chico, that in acts mala prohibita, the only inquiry is, check. In justification thereof, the Court said:
“has the law been violated?” When dealing with acts
mala prohibita –“it is not necessary that the appellant Petitioners are first-time offenders. They are
should have acted with criminal intent. In many Filipino entrepreneurs who presumably
crimes, the intention of the person who commits the contribute to the national economy. Apparently,
crime is entirely immaterial…” This case is a perfect they brought this appeal, believing in all good
example of an act mala prohibita. faith, although mistakenly that they had not
committed a violation of B.P. Blg. 22. Otherwise,
The first and last elements of the offense are they could simply have accepted the judgment of the
admittedly present. B.P. No. 22, Section 2 creates a trial court and applied for probation to evade a prison
presumption juris tantum that the second element term. It would best serve the ends of criminal justice if
prima facie exists when the first and third elements of in fixing the penalty within the range of discretion
the offense are present. If not rebutted, it suffices to allowed by Section 1, par. 1, the same philosophy
sustain a conviction. To escape liability, she must underlying the Indeterminate Sentence Law is
prove that the second element was absent. Petitioner observed, namely, that of redeeming valuable human
failed to rebut this presumption and she failed to pay material and preventing unnecessary deprivation f
the amount of the checks or make arrangement for its personal liberty and economic usefulness with due
payment within 5 banking days from receipt of notice regard to the protection of the social order. In this
of dishonor. B.P. No. 22 was clearly violated. Hoc case, we believe that a fine in an amount equal to
quidem per quam durum est sed ita lex scripta est. double the amount of the check involved is an
The law may be exceedingly hard but so the law is appropriate penalty to impose on each of the
written. However, the penalty imposed on petitioner petitioners In the recent case of Rosa Lim v. People
must be modified. of the Philippines (G. R. No. 130038, 18
September 2000), the Supreme Court en banc,
In Vaca v. Court of Appeals [298 SCRA 658 (1998)], applying Vaca also deleted the penalty of
it was held that in determining the penalty to be imprisonment and sentenced the drawer of the
imposed for violation of B.P. No. 22, the philosophy bounced check to the maximum of the fine
underlying the Indeterminate Sentence Law applies. allowed by B.P. Blg. 22, i.e., P200,000, and
The philosophy is to redeem valuable human concluded that “such would best serve the ends of
material, and to prevent unnecessary deprivation of criminal justice.”
personal liberty and economic usefulness with due
regard to the protection of the social order. The prison All courts and judges concerned should henceforth
sentence imposed on petitioners is deleted, and take note of the foregoing policy of the Supreme
imposed on them only a fine double the amount of Court on the matter of the imposition of penalties for
the check issued. Consequently, the prison sentences violations of B.P. Blg. 22. The Court Administrator
imposed on petitioner are deleted. The two fines shall cause the immediate dissemination of this
imposed for each violation, each amounting to Administrative Circular to all courts and judges
P200,000.00 are appropriate and sufficient. The concerned.
award of moral damages and order to pay attorney’s
fees are deleted for lack of sufficient basis.
BY RESORTING TO SOME FRAUDULENT PRACTICE
TO INSURE SUCCESS IN A GAMBLING GAME
ADMINISTRATIVE CIRCULAR NO. 12-2000 So even if gambling is illegal, if you are involved in
February 21, 2001 gambling.
RE : PENALTY FOR VIOLATION OF B.P. BLG. 22 In cockfighting, where one put an entry where their
fighting cock, that on the day of the actual fight, they
Section 1 of B.P. Blg. 22 (An Act Penalizing the
will bet on the opposing fighting cup. If the chickens are
Making or Drawing and Issuance of a Check Without
Sufficient Funds for Credit and for Other Purposes) killed, they will win.
imposes the penalty of imprisonment of not less than
thirty (30) days but not more than one (1) year or a **BY OBTAINING ANY FOOD REFRESHMENT OR
fine of not less than but not more than double the ACCOMMODATION AT A HOTEL, INN,
amount of the check, which fine shall in no case RESTAURANT, BOARDING HOUSE
exceed P200,000, or both such fine and One who did not pay for the price in the hotel or
imprisonment at the discretion of the court.
restaurant Where in case of an hotel, a person availed
In its decision in Eduardo Vaca, v. Court of Appeals on the complimentary drinks of the place but then left
(G.R. No. 131714, 16 November 1998; 298 SCRA without paying thereat. Remember, this is with the intent
656, 664) the Supreme Court (Second Division) per to defraud the proprietor or manager of or by obtaining
Mr. Justice V. Mendoza, modified the sentence credit at a hotel, inn, restaurant, etc.
imposed for violation of B.P. Blg. 22 by deleting the
96
NOTE: **This section was deleted but the acts not give rise to violation of article 3 of 6. It should be
mentioned may still constitute “other deceits” under included in this. There must be a representation.
Article 318.
PARAGRAPH 3
For instance, you sell your cell phone to your classmate.
Art. 316. Other forms of swindling. — The penalty
of arresto mayor in its minimum and medium period You sell it. You deliver it to him. He will say, I will pay
and a fine of not less than the value of the damage you 2,000 pesos next month and I will redeem it. So
caused and not more than three times such value, what is that contract? A contract of pledge.
shall be imposed upon:
So if after that one month period, your friend will be
1. Any person who, pretending to be owner of any like,”I will pay the phone bill. I will pay the debt. I will
real property, shall convey, sell, encumber or
look at the phone. I will look at it. It is already in debt.”
mortgage the same.
So as soon as he handed the phone to you, pledgee,
2. Any person, who, knowing that real property is he run away with it and did not pay.
encumbered, shall dispose of the same, although
such encumbrance be not recorded. Of course, you cannot file a crime of theft. Because in
theft, what is required is that the property must belong to
3. The owner of any personal property who shall another. So the property that you took, even if it was
wrongfully take it from its lawful possessor, to the
pledged, still belongs to you. Still belongs to the
prejudice of the latter or any third person.
pledgee. So, what crime did the pledgee commit? It is
4. Any person who, to the prejudice of another, other forms of swindling.
shall execute any fictitious contract.
5. Any person who shall accept any compensation PLEDGE MORTGAGE

given him under the belief that it was in payment
of services rendered or labor performed by him, Wherein you deliver your The one who will have
when in fact he did not actually perform such personal property to the possession over the
services or labor. pledgee. The pledgee property mortgage is the
will be the one who has mortgagor.
6. Any person who, while being a surety in a bond possession over the
given in a criminal or civil action, without express personal property
authority from the court or before the cancellation pledged.
of his bond or before being relieved from the
obligation contracted by him, shall sell,
PARAGRAPH 5
mortgage, or, in any other manner, encumber the
real property or properties with which he If he received payment for a job that he did not actually
guaranteed the fulfillment of such obligation. perform, that he did not actually perform, for example,
you were absent for 7 days, you were actually working
for 5 days only, and your employer did not pay you, you
PARAGRAPH 1
were paid for your entire working days, you received it,
If pretending to be the owner of any real property shall
and you refused to return it upon demand.
convey sale in number or mortgage the same. So if you
pretended to be the owner of any real property,
SYNDICATED ESTAFA
essentially, you have to execute a deed of sale. Deed of
absolute sale. You pretend that you are the one who is PD 1689
the registered owner. So you commit this, but also INCREASING THE PENALTY FOR CERTAIN FORMS OF
SWINDLING OR ESTAFA
committing another crime. What is that crime? When
you forge the signature of another person? That is Section 1. Any person or persons who shall commit
falsification of a public document. estafa or other forms of swindling as defined in Article
315 and 316 of the Revised Penal Code, as
PARAGRAPH 2 amended, shall be punished by life imprisonment to
Now if you have read some deed of sale, there is a death if the swindling (estafa) is committed by a
syndicate consisting of five or more persons
clause here, Sell in a matter that is absolute free from
formed with the intention of carrying out the
any free from any liens and encumbrances. If it turned unlawful or illegal act, transaction, enterprise or
out that the property was actually encumbered. It was scheme, and the defraudation results in the
actually mortgaged to another person. What crime did misappropriation of money contributed by
you commit? This one, other forms of swindling. But if stockholders, or members of rural banks,
there is no mention in the deed of sale that you are cooperative, "samahang nayon(s)", or farmers
selling it free from alliance and encumbrances. That will association, or of funds solicited by
corporations/associations from the general
97
public. similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding Forty thousand pesos
When not committed by a syndicate as above (P40,000).
defined, the penalty imposable shall be reclusion
temporal to reclusion perpetua if the amount of the
fraud exceeds 100,000 pesos. Art. 319. Removal, sale or pledge of mortgaged
property. — The penalty or arresto mayor or a fine
amounting to twice the value of the property shall be
PEOPLE v TIBAYAN imposed upon:
GR No. 209655-60, 2015
1. Any person who shall knowingly remove any
The accused-appellants, along with the other personal property mortgaged under the Chattel
accused who are still at large, used TGICI to engage Mortgage Law to any province or city other than
in a Ponzi scheme, resulting in the defraudation of the one in which it was located at the time of the
the TGICI investors. A Ponzi scheme is a type of execution of the mortgage, without the written
investment fraud that involves the payment of consent of the mortgagee, or his executors,
purported returns to existing investors from funds administrators or assigns.
contributed by new investors. Its organizers often
solicit new investors by promising to invest funds in 2. Any mortgagor who shall sell or pledge personal
opportunities claimed to generate high returns with property already pledged, or any part thereof,
little or no risk. under the terms of the Chattel Mortgage Law,
without the consent of the mortgagee written on
In this light, it is clear that all the elements of the back of the mortgage and noted on the record
Syndicated Estafa, committed through a Ponzi hereof in the office of the Register of Deeds of the
scheme, are present in this case, considering that: (a) province where such property is located.
the incorporators/directors of TGICI comprising more
than five (5) people, including herein
accused-appellants, made false pretenses and If you will buy a car with the assumption of mortgage
representations to the investing public in this case, with the assumption of mortgage or if you sell or if you
the private complainants regarding a supposed sell sayyou will assume the debt therein, that is in
lucrative investment opportunity with TGICI in order violation of Article 319 unless the mortgagee consented
to solicit money from them; (b) the said false to the sale consented to the sale which must also be
pretenses and representations were made prior to or
registered.
simultaneous with the commission of fraud; (c) relying
on the same, private complainants invested their hard
earned money into TGICI; and (d) the Art. 320. Destructive arson. — The penalty of
incorporators/directors of TGICI ended up running reclusion temporal in its maximum period to reclusion
away with the private complainants' investments, perpetua shall be imposed upon any person who
obviously to the latter's prejudice. shall burn:
1. Any arsenal, shipyard, storehouse or military

Art. 317. Swindling a minor. — Any person who powder or fireworks factory, ordinance,
taking advantage of the inexperience or emotions or storehouse, archives or general museum of the
feelings of a minor, to his detriment, shall induce him Government.
to assume any obligation or to give any release or
execute a transfer of any property right in 2. Any passenger train or motor vehicle in motion
consideration of some loan of money, credit or other or vessel out of port.
personal property, whether the loan clearly appears in
the document or is shown in any other form, shall 3. In an inhabited place, any storehouse or
suffer the penalty of arresto mayor and a fine of a factory of inflammable or explosive materials.
sum ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor.
ARSON - the malicious destruction of property by fire.
ART. 318. Other deceits. - The penalty of arresto Mr. A had a fight with Mr. B. The latter entered his
mayor and a fine of not less than the amount of the house. The former waited for the latter to fall asleep,
damage caused and not more than twice such then later burned the house and the corpse of Mr. B
amount, shall be imposed upon any person who shall together with the traces of the crime committed. What
defraud or damage another by any other deceit not crime/s committed by Mr. A?
mentioned in the preceding articles of this Chapter.
● Destructive Arson and Murder.
Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other
98
If the purpose of the burning of the house is to conceal
or destroy evidence of another violation of law, the crime 4. By prision correccional in its maximum period to
is destructive arson, not simple arson. prision mayor in its medium period:
(a) If a building used as dwelling located in an

Art. 321. Other forms of arson. — When the arson uninhabited place is set on fire and the damage
consists in the burning of other property and under caused exceeds 1,000 pesos;
the circumstances given hereunder, the offender shall (b) If the value or the damage caused in the case
be punishable: mentioned in paragraphs (c) and (d) of subdivision 2
1. By reclusion temporal or reclusion perpetua: of this article does not exceed 200 pesos.chanrobles
(a) if the offender shall set fire to any building, virtual law library
farmhouse, warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the time by one or more 5. By prision correccional in its medium period to
persons; prision mayor in its minimum period, when the
(b) If the building burned is a public building and damage caused is over 200 pesos but does not
value of the damage caused exceeds 6,000 pesos; exceed 1,000 pesos, and the property referred to in
paragraph (a) of the preceding subdivision is set on
(c) If the building burned is a public building and the fire; but when the value of such property does not
purpose is to destroy evidence kept therein to be exceed 200 pesos, the penalty next lower in degree
used in instituting prosecution for the punishment of than that prescribed in this subdivision shall be
violators of the law, irrespective of the amount of the imposed.chanrobles virtual law library
damage; chan robles virtual law library 6. The penalty of prision correccional in its medium
and maximum periods, if the damage caused in the
(d) If the building burned is a public building and the case mentioned in paragraph (b) of subdivision 3 of
purpose is to destroy evidence kept therein to be this article does not exceed 6,000 pesos but is over
used in legislative, judicial or administrative 200 pesos.chanrobles virtual law library
proceedings, irrespective of the amount of the
damage; Provided, however, That if the evidence 7. The penalty of prision correccional in its minimum
destroyed is to be used against the defendant for the and medium periods, if the damage caused in the
prosecution of any crime punishable under existing case mentioned paragraph (b) subdivision 3 of this
laws, the penalty shall be reclusion perpetua; article does not exceed 200 pesos.chanrobles virtual
law library
(e) If the arson shall have been committed with the
intention of collecting under an insurance policy 8. The penalty of arresto mayor and a fine ranging
against loss or damage by fire.chanrobles virtual law from fifty to one hundred per centum if the damage
library caused shall be imposed, when the property burned
consists of grain fields, pasture lands, forests, or
2. By reclusion temporal: plantations when the value of such property does not
exceed 200 pesos. (As amended by R.A. 5467,
(a) If an inhabited house or any other building in approved May 12, 1969).
which people are accustomed to meet is set on fire,
and the culprit did not know that such house or
building was occupied at the time, or if he shall set NOTE: Art. 321 is amended by PD 1613.
fire to a moving freight train or motor vehicle, and the
value of the damage caused exceeds 6,000 pesos;
(b) If the value of the damage caused in paragraph PRESIDENTIAL DECREE No. 1613
(b) of the preceding subdivision does not exceed AMENDING THE LAW ON ARSON
6,000 pesos;
Section 2. Destructive Arson. The penalty of
(c) If a farm, sugar mill, cane mill, mill central, Reclusion Temporal in its maximum period to
bamboo groves or any similar plantation is set on fire Reclusion Perpetua shall be imposed if the property
and the damage caused exceeds 6,000 pesos; and burned is any of the following:
(d) If grain fields, pasture lands, or forests, or 1. Any ammunition factory and other
plantings are set on fire, and the damage caused establishment where explosives, inflammable
exceeds 6,000 pesos.chanrobles virtual law library or combustible materials are stored.
3. By prision mayor: 2. Any archive, museum, whether public or

private, or any edifice devoted to culture,
(a) If the value of the damage caused in the case education or social services.
mentioned in paragraphs (a), (c), and (d) in the next
preceding subdivision does not exceed 6,000 pesos; 3. Any church or place of worship or other
(b) If a building not used as a dwelling or place of building where people usually assemble.
assembly, located in a populated place, is set on fire,
and the damage caused exceeds 6,000 pesos; 4. Any train, airplane or any aircraft, vessel or
99
watercraft, or conveyance for transportation of substances or materials are stored within the
persons or property building note necessary in the business of the
offender nor for household us.
4. Any building where evidence is kept for use
in any legislative, judicial, administrative or 3. If gasoline, kerosene, petroleum or other
other official proceedings. flammable or combustible substances or
materials soaked therewith or containers
5. Any hospital, hotel, dormitory, lodging thereof, or any mechanical, electrical,
house, housing tenement, shopping center, chemical, or electronic contrivance designed
public or private market, theater or movie to start a fire, or ashes or traces of any of the
house or any similar place or building. foregoing are found in the ruins or premises
of the burned building or property.
6. Any building, whether used as a dwelling or
not, situated in a populated or congested area. 4. If the building or property is insured for
substantially more than its actual value at the
Section 3. Other Cases of Arson. The penalty of time of the issuance of the policy.
Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following: 4. If during the lifetime of the corresponding
fire insurance policy more than two fires have
1. Any building used as offices of the occurred in the same or other premises
government or any of its agencies; owned or under the control of the offender
and/or insured.
2. Any inhabited house or dwelling;
5. If shortly before the fire, a substantial
3. Any industrial establishment, shipyard, oil portion of the effects insured and stored in a
well or mine shaft, platform or tunnel; building or property had been withdrawn from
the premises except in the ordinary course of
4. Any plantation, farm, pastureland, growing business.
crop, grain field, orchard, bamboo grove or
forest; 6. If a demand for money or other valuable
consideration was made before the fire in
4. Any rice mill, sugar mill, cane mill or mill exchange for the desistance of the offender or
central; and for the safety of the person or property of the
victim.
5. Any railway or bus station, airport, wharf or
warehouse.
Art. 323. Arson of property of small value. — The
Section 4. Special Aggravating Circumstances in arson of any uninhabited hut, storehouse, barn,
Arson. The penalty in any case of arson shall be shed, or any other property the value of which
imposed in its maximum period; does not exceed 25 pesos, committed at a time or
under circumstances which clearly exclude all
1. If committed with intent to gain; danger of the fire spreading, shall not be punished
by the penalties respectively prescribed in this
2. If committed for the benefit of another; chapter, but in accordance with the damage caused
and under the provisions of the following chapter.
3. If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned; One who burned the property of the other (e.g. bags,
cell phone) is guilty of Art. 323.
4. If committed by a syndicate.
The offense is committed by a syndicate if its is

planned or carried out by a group of three (3) or more
—ARTS. 324 to 326-B, read on your own 🙂—
persons.
Art. 327. Who are liable for malicious mischief. —
xxx
Any person who shall deliberately cause the
property of another any damage not falling within
Section 6. Prima Facie evidence of Arson. Any of the
the terms of the next preceding chapter shall be
following circumstances shall constitute prima facie
guilty of malicious mischief.
evidence of arson:
1. If the fire started simultaneously in more What is malicious mischief?

than one part of the building or establishment. ● It is the willful damaging of another ‘s property
for the sake of causing damage due to hate,
2. If substantial amount of flammable
revenge or other evil motive.
100
cannot be estimated.
If the act was not accompanied or involved with
fire or burning, but with damaging the property,
it is malicious mischief. Is it possible that the value cannot be estimated?
● Yes, when one pooped in front of a public
ILLUSTRATION school. It will fall under 329 since it entails
If one demolishes the house of his neighbor, the killing expenses. But the value cannot be
of domestic animals, provided that the offender did not ascertained.
profit from the destruction.
Art. 330. Damage and obstruction to means of
If A, demolished the house of B, then the former took communication. — The penalty of prision
the things thereof, that is theft. correccional in its medium and maximum periods
shall be imposed upon any person who shall damage
any railway, telegraph or telephone lines.
ART. 328. Special cases of malicious mischief. -
Any person who shall cause damage to obstruct If the damage shall result in any derailment of cars,
the performance of public functions, or using any collision or other accident, the penalty of prision
poisonous or corrosive substance; or spreading mayor shall be imposed, without prejudice to the
any infection or contagion among cattle; or who criminal liability of the offender for the other
causes damage to the property of the National consequences of his criminal act.
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any For the purpose of the provisions of the article, the
other thing used in common by the public, shall electric wires, traction cables, signal system and
be punished: other things pertaining to railways, shall be deemed
to constitute an integral part of a railway system.
"1. By prision correccional in its minimum and
medium periods, if the value of the damage caused
exceeds Two hundred thousand pesos (P200,000);
ART. 331. Destroying or damaging statues, public
"2. By arresto mayor, if such value does not exceed monuments or paintings. - Any person who shall
the abovementioned amount but is over Forty destroy or damage statues or any other useful or
thousand pesos (P40,000): and ornamental public monument, shall suffer the penalty
of arresto mayor in its medium period to prision
"3. By arresto menor. if such value does not exceed correccional in its minimum period.
Forty thousand pesos (P40,000)
Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer
ILLUSTRATION the penalty of arresto menor or a fine not exceeding
● One who threw a paint remover to the car of Forty thousand pesos (P40,000), or both such fine
and imprisonment, in the discretion of the court.
his neighbor. (corrosive)
● If the cattle farm was infected with avian flu,
where the offender took one of the infected
Art. 332. Persons exempt from criminal liability. —
cows and let it loose in the poultry of your No criminal, but only civil liability, shall result
neighbor. (by the use of contagion) from the commission of the crime of theft,
swindling or malicious mischief committed or
caused mutually by the following persons:
ART. 329. Other mischiefs. - The mischiefs not
included in the next preceding article shall be 1. Spouses, ascendants and descendants, or
punished: relatives by affinity in the same line.
1. By arresto mayor in its medium and maximum 2. The widowed spouse with respect to the property
periods, if the value of the damage caused exceeds which belonged to the deceased spouse before the
Two hundred thousand pesos (P200,000); same shall have passed into the possession of
another; and
2. By arresto mayor in its minimum and medium
periods, if such value is over Forty thousand pesos 3. Brothers and sisters and brothers-in-law and
(P40,000) but does not exceed Two hundred sisters-in-law, if living together.
thousand pesos (P200,000); and
The exemption established by this article shall not be
3) By arresto menor or a fine of not less than the applicable to strangers participating in the
value of the damage caused and not more than Forty commission of the crime.
thousand pesos (P40,000), if the amount involved
does not exceed Forty thousand pesos (P40,000) or
In Criminal Law 1, what is the absolutory cause?
101
● It is that situation where the act committed may
INTESTATE ESTATE OF MANOLITA GONZALES
be considered as a criminal offense; yet, VDA. DE CARUNGCONG vs. PEOPLE and
because of the public policy and sentiment, WILLIAM SATO
there is no penalty imposed for its commission. GR No. 181409, 2010
In other words, they have the effect of
exempting the actor from criminal liability. Facts:
William was married to Zenaida. They have two
daughters, Karen and Wendy. Zenaida died ahead of
if the relative committed the crime was in cahoots with
her mother Manolita, William's mother-in-law. In 1992,
or in conspiracy with a stranger, the relative will not be William made Manolita sign special powers of
held criminally liable but the stranger will be held attorney appointing Wendy, then only 20 years old, as
criminally liable. Manolita’s attorney-in-fact to sell and dispose four
valuable pieces of land in Tagaytay City. William told
NOTE: The relationship here is exclusive. So those Manolita (who was already completely blind) that the
people who are not mentioned here are not included in documents she was signing was merely for paying
taxes. Believing William's misrepresentation, Manolita
the exemption.
signed the documents. The parcels of land were sold
● For example, when your cousin committed and William misappropriated the proceeds thereof
theft against you, is not included in the amounting to P22,034,000.
exemption.
After the death of Manolita, Mediatrix, one of the
NOTE: The crimes are exclusive as well. Only in theft, surviving daughters, filed a petition for the settlement
swindling or malicious mischief. of Manolita’s intestate estate before the RTC praying
the she be appointed administratrix thereof. After her
appointment as such, Mediatrix learned from her
Thus, if the older brother, notice that the younger niece Wendy about the fraudulent sale of the parcels
brother is keeping a piggy bank. Some coins. So what of land and the misappropriation committed by
the older brother did is that he took the, this coin bank. William. Thus, as the duly appointed administrator of
Took it, brought it outside and through the use of a the estate of her deceased mother, she filed a case
hammer, broke, it. And he took the money and he for estafa against her brother-in-law, William.
bought a ticket for Taylor Swift concert. Is the elder
William moved to quash the Information claiming that
brother exempted from criminal liability? under Article 332 (1) of the RPC, his relationship to
● Now this boils down to the nature of the crime Manolita, his mother-in-law exempts him from
that he committed. What's the crime that he criminal liability. The RTC sustained William’s motion
committed there? Robbery. Of course, if it is and dismissed the information. The court said that the
theft, then he is exempted from criminal liability. death of Zenaida did not extinguish the relationship
But is it theft? The crime committed is robbery. by affinity of her husband William and her mother
Manolita, and therefore Article 332(1) exempting him
Why? The taking of a receptacle to be
from criminal liability was still applicable. The CA
destroyed elsewhere or the destruction of a affirmed the decision.
receptacle is considered as force upon things
which will make the crime robbery.
Issues:
Is he exempted from criminal liability? The
answer is no because this is exclusive only to 1. Did the death of Zenaida dissolve the relationship
by affinity of her surviving spouse William and her
the crimes mentioned here, outside of these mother Manolita?
crimes, there's no exemption
2. Should William be exempt from criminal liability for
One question asked in the bar examination, the father reason of his relationship to Manolita?
was so angry because his son failed in one of his
subjects. So what the father did is that he burned the
Held:
clothes as well as the cell phone of his son. Is the father
exempted from criminal liability? 1. There are two views on the subject:
● Of course, that depends to the nature of the
crime that was committed. What is the crime The first view (the terminated affinity view) holds that
committed by the father? Since the destruction relationship by affinity terminates with the dissolution
was carried out through the use of fire, then the of the marriage either by death or divorce which gave
crime is not malicious mischief but arson. And rise to the relationship of affinity between the parties.
Under this view, the relationship by affinity is
arson is not among those crimes mentioned
simply coextensive and coexistent with the
under Article 332. marriage that produced it. Its duration is
indispensably and necessarily determined by the
102
marriage that created it. Thus, it exists only for so the absolutory cause of relationship in favor of
long as the marriage subsists, such that the death of accessories under Article 20 also of the same Code.)
a spouse ipso facto ends the relationship by affinity of
the surviving spouse to the deceased spouses blood 2. No. The coverage of Article 332 is strictly limited to
relatives. simple crimes of theft, swindling and malicious
mischief. It does not apply where any of the crimes
The second view (the continuing affinity view) mentioned under Article 332 is complexed with
maintains that relationship by affinity between the another crime, such as theft through falsification or
surviving spouse and the kindred of the deceased estafa through falsification.
spouse continues even after the death of the
deceased spouse, regardless of whether the The Information against William charges him with
marriage produced children or not. Under this view, estafa. However, the real nature of the offense is
the relationship by affinity endures even after the determined by the facts alleged in the Information,
dissolution of the marriage that produced it as a not by the designation of the offense. What controls is
result of the death of one of the parties to the said not the title of the Information or the designation of
marriage. This view considers that, where the offense but the actual facts recited in the
statutes have indicated an intent to benefit Information. In other words, it is the recital of facts of
step-relatives or in-laws, the tie of affinity the commission of the offense, not the nomenclature
between these people and their of the offense, that determines the crime being
relatives-by-marriage is not to be regarded as charged in the Information.
terminated upon the death of one of the married
parties. A reading of the facts alleged in the Information
reveals that William is being charged not with simple
estafa but with the complex crime of estafa through
After due consideration and evaluation of the relative falsification of public documents. He resorted to
merits of the two views, we hold that the second view falsification of public documents (particularly, the
is more consistent with the language and spirit of special power of attorney and the deeds of sale) as a
Article 332(1) of the Revised Penal Code. necessary means to commit the estafa. Since the
crime with which respondent was charged was not
First, the continuing affinity view has been applied in simple estafa but the complex crime of estafa through
the interpretation of laws that intend to benefit falsification of public documents, he cannot avail
step-relatives or in-laws. Since the purpose of the himself of the absolutory cause provided under Article
absolutory cause in Article 332(1) is meant to be 332 of the Revised Penal Code in his favor.
beneficial to relatives by affinity within the degree
covered under the said provision, the continuing The purpose of Article 332 is to preserve family
affinity view is more appropriate. harmony and obviate scandal. Thus, the action
provided under the said provision simply concerns
Second, the language of Article 332(1) which speaks the private relations of the parties as family members
of relatives by affinity in the same line is couched in and is limited to the civil aspect between the offender
general language. It made no distinction between the and the offended party. When estafa is committed
spouse of ones living child and the surviving spouse through falsification of a public document,
of ones deceased child. however, the matter acquires a very serious
public dimension and goes beyond the respective
Third, the spirit of Article 332 is to preserve family rights and liabilities of family members among
harmony and obviate scandal. That relationship by themselves. Effectively, when the offender resorts
affinity is not affected by the death of one of the to an act that breaches public interest in the
parties to the marriage that created it is more in integrity of public documents as a means to
accord with family solidarity and harmony. violate the property rights of a family member, he
is removed from the protective mantle of the
Fourth, the fundamental principle in applying and in absolutory cause under Article 332.
interpreting criminal laws is to resolve all doubts in
favor of the accused. In dubio pro reo. When in NOTE: THE CRIMES MENTIONED IN 332 MUST
doubt, rule for the accused. BE OF A SIMPLE FORM OF FELONY, AND NOT
THE COMPLEX ONE.
Thus, for purposes of Article 332(1) of the
Revised Penal Code, the relationship by affinity
created between the surviving spouse and the Title 11: CRIMES AGAINST CHASTITY
blood relatives of the deceased spouse survives (Arts. 333 to 346)
the death of either party to the marriage which
created the affinity. (The same principle applies to
the justifying circumstance of defense of ones
relatives under Article 11[2] of the Revised Penal Art. 333. Who are guilty of adultery. — Adultery is
Code, the mitigating circumstance of immediate committed by any married woman who shall have
vindication of grave offense committed against ones sexual intercourse with a man not her husband
relatives under Article 13[5] of the same Code and and by the man who has carnal knowledge of her
103
marriage, he filed it before the declaration
knowing her to be married, even if the marriage
be subsequently declared void. of nullity of marriage, then the case may
still continue. Because he filed it during the
Adultery shall be punished by prision correccional in time when he's still considered as the spouse.
its medium and maximum periods.
However, if the spouse died after the case has
If the person guilty of adultery committed this offense already been filed, the case will continue. But
while being abandoned without justification by the
if he dies prior to the filing of the case, the
offended spouse, the penalty next lower in degree
than that provided in the next preceding paragraph children cannot file the case. Because he's
shall be imposed. just the husband. But if it has already been
filed by the spouse, and then he died, the
Here, in adultery, who is the offended party?
case may still continue.
● The offended party is the non-erring spouse.
The more logical rule is that adultery may be committed Art. 334. Concubinage. — Any husband who shall
by a man, but it is indispensable that the woman who is keep a mistress in the conjugal dwelling, or shall
married must participate therein. have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife,
or shall cohabit with her in any other place, shall
On the other hand, a married woman may commit it if be punished by prision correccional in its minimum
she will have sexual intercourse with the man, and the and medium periods.
man, if she knows that the woman is married, shall have
sexual intercourse with the married woman. So, that is The concubine shall suffer the penalty of destierro.
adultery.
Notice here that mere sexual intercourse will not give
NOTE: Here, each sexual intercourse constitutes a rise to concubinage. Or, if he has sexual intercourse
crime of adultery. So, if she has sexual intercourse with under scandalous circumstances with a woman who is
the other man, that would be the number of crimes not his wife, or by cohabiting with her in any other place.
committed. If he has not filed it. So, a single sexual intercourse by
a married man will not give rise to concubinage. If he is
Is it necessary that someone must actually testify that not his wife, then that's when concubinage arises.
they saw that they had sexual intercourse?
● Well, of course, it can be proven by When can we say that it is already under scandalous
circumstantial evidence. If someone saw them, circumstances? Do people need to see that they are
if somebody saw the married woman together having sexual intercourse? It would be too much to ask.
with another man, not her husband, enter Oh! ● If they already frequent some places, that a lot
George, and then left 30 minutes after, with of people already know about it.
their hair still disheveled, that could be
circumstantial evidence. RATIONALE BEHIND ADULTERY v CONCUBINAGE
Remember that this law existed prior to innovation on
Can the husband choose, where he's already married, the DNA testing. So, if the wife commits adultery and
but then he realized that he really loves his wife, and then she becomes pregnant, she will be bringing to the
that his wife already asked for forgiveness? family a child or an heir, who is not really an heir. Tthat
● The answer is no. Because in adultery, the would be a problem. If the spouse, if the husband
husband must file the case against the two commits concubinage, another woman got pregnant, of
offenders, or both offenders. course the wife will know that the child is not hers.
What about if the non-erring spouse only learned about

the adultery of the wife after the declaration of nullity of THE CRIME OF RAPE (ART 335) WAS ALREADY
marriage? Will it still continue? How can the husband DISCUSSED.
still file?
● The answer is no. If there is already
declaration of nullity of marriage before the Art. 336. Acts of lasciviousness. — Any person
filing of the case, and since the law requires who shall commit any act of lasciviousness upon
other persons of either sex, under any of the
that the person must file, it must be the
circumstances mentioned in the preceding
spouse. So, when there is already nullity of article, shall be punished by prision correccional.
marriage, then he's no longer the spouse. So,
he can no longer file it. But if he has already
filed it before the declaration of nullity of LEWD DESIGN
104
If it is obscene, lustful, indecent, lecherous. It signifies
The penalty next higher in degree shall be imposed
the form of immorality which has relation to moral upon any person who shall seduce his sister or
impurity or that which is carried on wanton manner. descendant, whether or not she be a virgin or over
eighteen years of age.
LASCIVIOUS CONDUCT
The intentional touching, either directly or through Under the provisions of this Chapter, seduction is
clothing, of the genitalia, anus, groin, breast, inner thigh, committed when the offender has carnal knowledge
of any of the persons and under the circumstances
or buttocks, or the introduction of any object into the
described herein.
genitalia, anus or mouth, of any person, whether of the
same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify sexual desire of NOTE: Over 16 and under 18 yrs old
any person, bestiality, masturbation, lascivious
exhibition of the genitalia or pubic area of a person. Virginity here does not require that she must have not
known any men. It only refers to that the woman must
ILLUSTRATIONS be virtuous. Not really the virginity wherein the hymen is
● Compelling a girl to dance naked before a intact.
group of men is acts of lasciviousness.
● Holding/Touching of girl’s breasts If it is not committed by these people, then the crime is
● A man who requires a woman to stroke his only simple seduction.
penis.
● When the accused stealthily approaches the Art. 338. Simple seduction. — The seduction of a
victim and without the opportunity to defend woman who is single or a widow of good reputation,
herself, embraced and kissed her is an act of over twelve but under eighteen years of age,
lasciviousness. committed by means of deceit, shall be punished by
➔ EXCEPTION: A lover’s embrace and arresto mayor.
kisses are not acts of lasciviousness,
there being no evidence that the lover
was actuated by lustful design or —ARTS. 339 to 343, read on your own 🙂—
purpose, or that is conduct was lewd.
Art. 344. Prosecution of the crimes of adultery,

concubinage, seduction, abduction, rape and acts
ART. 246: ABUSES ART. 336: ACTS OF of lasciviousness. — The crimes of adultery and
AGAINST CHASTITY LASCIVIOUSNESS concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
By a public officer By an private individual
The offended party cannot institute criminal
a mere immoral or necessary that some prosecution without including both the guilty parties, if
indecent proposal made actual act of they are both alive, nor, in any case, if he shall have
earnestly and lasciviousness should’ve consented or pardoned the offenders.
persistently is sufficient. been executed.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon
a complaint filed by the offended party or her
ART. 336: ACTS OF ATTEMPTED
parents, grandparents, or guardian, nor, in any
LASCIVIOUSNESS RAPE
case, if the offender has been expressly pardoned
by the above named persons, as the case may be.
The lascivious conduct is is actually an intent to
the end intent, the end have sexual intercourse In cases of seduction, abduction, acts of
purpose with a woman lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him.
Art. 337. Qualified seduction. — The seduction of a The provisions of this paragraph shall also be
virgin over twelve years and under eighteen years of applicable to the co-principals, accomplices and
age, committed by any person in public authority, accessories after the fact of the above-mentioned
priest, home-servant, domestic, guardian, crimes.
teacher, or any person who, in any capacity, shall
be entrusted with the education or custody of the
woman seduced, shall be punished by prision ADULTERY AND CONCUBINAGE
correccional in its minimum and medium periods. If the victim spouse consented to the sexual intercourse,
the parties may make an agreement stating therein that
they can already live separately from each other. That
105
they will consent for each other to have other sexual
Any physician or surgeon or pub he officer who,
partners. Will that be valid? in violation of the duties of his profession or
● For the eyes of the law, that would not be valid. office - shall cooperate in the execution of any of
But then, that can be used in avoiding the crimes mentioned in the two (2) next
prosecution for adultery and concubinage. So, preceding paragraphs, shall suffer the penalties
if the victim spouse or the spouses agreed to therein prescribed and also the penalty of temporary
that, then that is a defense. So, although that special disqualification.
kind of agreement is prohibited, it will still have
some benefits. SIMULATION OF BIRTH
The daughter got married at a very young age, 19 or 18,
Now, pardon here is allowed. Pardon is they had a child. And before that is a badge of dishonor.
allowed, even if the case has already been What the parents usually do is that instead of having the
filed. So, how can pardon be given? Well, child registered as the child of their daughter, they will
verbally that can be given or in writing or have it registered as their own child. So, in paper, the
impliedly. How could it given impliedly? If the child is the sibling of the child's mother.
innocent spouse had sexual intercourse with
the erring spouse, then that is an implied Or, when a childless couple intends to adopt a baby,
pardon. If they had sex, that is an implied they see a baby being abandoned, they don't have a
pardon. child. What they did is that they registered it as their
own, in their own birth certificate, named, their child is
The problem is that in adultery, if the wife registered as their own child. That is what we call a
committed five counts of adultery, then the simulation of birth.
husband was only charged with concubinage,
without knowing that prior to that, he knew that Simulation of birth takes place when the woman
the wife had sexual intercourse sometime in pretends to be pregnant when in fact she is not and on
April 2023, the first week and the second week. the day of the supposed delivery, takes the child of
another as her own.
So, he knew that the wife had sexual
intercourse sometime in April 2023, the first
Art. 348. Usurpation of civil status. — The penalty
week and the second week. Without him
of prision mayor shall be imposed upon any person
knowing that prior to that, you saw it was who shall usurp the civil status of another, should he
December or January, can he still prosecute do so for the purpose of defrauding the offended part
the wife? or his heirs; otherwise, the penalty of prision
correccional in its medium and maximum periods
The answer is yes. Because each sexual shall be imposed.
intercourse constitutes the crime of adultery.
—ARTS. 345 to 346, read on your own 🙂— Art. 349. Bigamy. — The penalty of prision mayor
shall be imposed upon any person who shall
contract a second or subsequent marriage before
the former marriage has been legally dissolved,
Title 12: CRIMES AGAINST THE CIVIL STATUS OF or before the absent spouse has been declared
PERSONS presumptively dead by means of a judgment
(Arts. 347 to 352) rendered in the proper proceedings.
So in bigamy, a man or a woman gets married twice or

ART. 347. Simulation of births, substitution of one thrice or more than that, or some more than once, even
child for another and concealment or if the first marriage is still subsisting.
abandonment of a legitimate child. - The
simulation of births and the substitution of one child
for another shall be punished by prision mayor and a The source of some issues here, is whether or not one
fine of not exceeding Two hundred thousand pesos can be prosecuted for bigamy if the offender, it's easy to
(P200,000). imagine, there is subsequent marriage, there is
subsequent marriage while the first marriage still exists.
The same penalties shall be imposed upon any While the first marriage still exists.
person who shall conceal or abandon any
legitimate child with intent to cause such child to
Can the offender use the nullity of the first marriage or
lose its civil status.
the second marriage as a defense in bigamy?
106
PULIDO v PEOPLE
GR No. 220149, 2021
Ruling:
Pulido and Rowena U. Baleda were charged with
bigamy. Pulido married his teacher Nora S. Arcon in
1983 and had a child in 1984. In 2007, Pulido (a) Yes. Article 40 has retroactive application on
stopped going home and admitted to having an affair marriages contracted prior to the effectivity of the
with Baleda. They got married in 1995 and indicated Family Code but only for the purpose of
Pulido’s civil status as single. Arcon charged them remarriage, as the parties are not permitted to
with bigamy in 2007. Pulido claimed both marriages judge for themselves the nullity of their marriage.
were null and void, while Baleda claimed she only In other words, in order to remarry, a judicial
knew of Pulido’s prior marriage in April 2007 and filed declaration of nullity is required for prior
a petition to annul her marriage with Pulido. The RTC marriages contracted before the effectivity of the
declared their marriage null and void for being Family Code. Without a judicial declaration of
bigamous. The trial court convicted Pulido of bigamy absolute nullity of the first marriage having been
and acquitted Baleda. The RTC dismissed Pulido’s obtained, the second marriage is rendered void ab
claim that both his marriages are void and upheld the initio even though the first marriage is also
validity of his marriage with Arcon. considered void ab initio. The only basis for
establishing the validity of the second marriage is the
Proceedings Before the Court of Appeals judicial decree of nullity of the first marriage.
Pulido appealed his conviction to the appellate court
on the ground that his first marriage to Arcon was However, in a criminal prosecution for bigamy, the
void for lack of a marriage license and his marriage parties may still raise the defense of a void ab initio
with Baleda was also void since there was no marriage even without obtaining a judicial declaration
marriage ceremony performed. The appellate court of absolute nullity if the first marriage was celebrated
sustained Pulido’s conviction but modified the before the effectivity of the Family Code. Such is still
penalty. The CA found that all elements of bigamy governed by the rulings in Mendoza, Aragon and
were present and was not convinced that Pulido’s first Odayat which are more in line with the rule that
marriage was void for lack of a marriage license. procedural rules are only given retroactive effect
insofar as they do not prejudice or impair vested or
The Certification issued by the Civil Registrar did not acquired rights.
attest that no marriage license was issued to Pulido
and Arcon. The appellate court ruled that even if the In this case, Pulido’s marriage with Arcon was
first marriage was void for lack of a marriage license, celebrated when the Civil Code was in effect while his
one may still be held liable for bigamy if he/she enters subsequent marriage with Baleda was contracted
into a subsequent marriage without first obtaining a during the effectivity of the Family Code. Hence,
judicial declaration of nullity of the prior marriage. Pulido is required to obtain a judicial decree of
Bigamy was consummated when Pulido entered into absolute nullity of his prior void ab initio marriage but
the second marriage without his marriage with Arcon only for purposes of remarriage. As regards the
being first judicially declared null and void. bigamy case, however, Pulido may raise the defense
of a void ab initio marriage even without obtaining a
The subsequent declaration of nullity of Pulido’s judicial declaration of absolute nullity.
second marriage with Baleda would not exonerate
him from criminal liability. The subsequent judicial
declaration of the second marriage for being (b) Yes. The SC ruled in this wise: “After a careful
bigamous in nature does not bar the prosecution of consideration, this Court is constrained to
Pulido for the crime of bigamy. One may still be abandon our earlier rulings that a judicial
charged with bigamy even if the second marriage is declaration of absolute nullity of the first, and/or
subsequently declared null and void so long as the second marriages cannot be raised as a defense
first marriage was still subsisting during the by the accused in a criminal prosecution for
celebration of the second marriage. The CA bigamy. We hold that a judicial declaration of
ultimately affirmed the June 22, 2009 Decision of the absolute nullity is not necessary to prove a void
RTC but with modification as to the penalty imposed. ab initio prior and subsequent marriages in a
bigamy case. Consequently, a judicial declaration
Issues: of absolute nullity of the first and/or second
marriages presented by the accused in the
(a) Whether Article 40 has retroactive application on prosecution for bigamy is a valid defense,
marriages contracted prior to the effectivity of the irrespective of the time within which they are
Family Code secured.”
Being inexistent under the eyes of the law, the nullity

(b) Whether the subsequent declaration of the nullity of a void marriage can be maintained in any
of the first and second marriages constitutes a valid proceeding in which the fact of marriage may be
defense in bigamy material, either direct or collateral, in any civil court
between any parties at any time, whether before or
107
after the death of either or both the spouses. A void from the beginning. Thus, the element, “that he or
marriage is ipso facto void without need of any she contracts a second or subsequent marriage” is
judicial declaration of nullity; the only recognized lacking. A subsequent judicial declaration of nullity of
exception under existing law is Article 40 of the the second marriage merely confirms its inexistence
Family Code where a marriage void ab initio is and shall not render the accused liable for bigamy for
deemed valid for purposes of remarriage, hence entering such void marriage while the first marriage
necessitating a judicial declaration of nullity before still subsists. Consequently, the accused in bigamy
one can contract a subsequent marriage. may validly raise a void ab initio second or
subsequent marriage even without a judicial
Clearly, when the first marriage is void ab initio, one declaration of nullity.
of the essential elements of bigamy is absent, i.e. a
prior valid marriage. There can be no crime when the True, a marriage is presumed to be valid even if the
very act which was penalized by the law, i.e. same is void ab initio without a judicial declaration of
contracting another marriage during the subsistence its absolute nullity in view of Article 40 of the Family
of a prior legal or valid marriage, is not present. The Code. However, the accused in a bigamy case should
existence and the validity of the first marriage being not be denied the right to interpose the defense of a
an essential element of the crime of bigamy, it is but void ab initio marriage, which effectively retroacts to
logical that a conviction for said offense cannot be the date of the celebration of the first marriage.
sustained where there is no first marriage to begin
with. Thus, an accused in a bigamy case should be
allowed to raise the defense of a prior void ab initio CASES CITED IN PULIDO:
marriage through competent evidence other than the ● In People v. Mendoza and in People v. Aragon,
judicial decree of nullity. SC ruled that no judicial decree is necessary to
establish the invalidity of a prior void marriage
Apropos, with the retroactive effects of a void ab initio as a defense in the case of Bigamy, as
marriage, there is nothing to annul nor dissolve as the
distinguished from mere annullable or voidable
judicial declaration of nullity merely confirms the
inexistence of such marriage. Thus, the second marriages.
element of bigamy, i.e. that the former marriage has ● In Gomez v. Lipana, SC deviated from its
not been legally dissolved or annulled, is wanting in previous pronouncements in Mendoza and
case of void ab initio prior marriage. Aragon when it declared that a judicial
declaration of nullity of the second marriage is
What Article 349 of the RPC contemplates is necessary even though it is presumed to be
contracting a subsequent marriage when a voidable
null and void for it was contracted during the
or valid first marriage is still subsisting. As expounded
by Associate Justice Estela M. Perlas-Bernabe, subsistence of a prior marriage.
Article 349 of the RPC was patterned after the ● Wiegel v. Sempio-Diy, SC ruled that there is a
Codigo Penal, which was enacted when the law need for a judicial declaration of nullity of a
governing marriages was the Spanish Civil Code of void marriage before one can enter into
1889, which provides that marriages may be another marriage.
dissolved either through annulment or divorce. The ● In Apiag v. Cantero and Ty v. Court of Appeals,
term “former marriage”, therefore, in the second
element of bigamy refers to voidable or valid this Court clarified that the requirement of a
marriages which may be dissolved by annulment or judicial decree of nullity does not apply to
divorce, respectively. Hence, Article 349 should be marriages that were celebrated before the
construed to pertain only to valid and voidable effectivity of the Family Code, which continue
marriages. to be governed by Mendoza, Aragon and
Odayat wherein a void ab initio marriage can
In effect, when the accused contracts a second
be raised as a defense in a bigamy case even
marriage without having the first marriage dissolved
or annulled, the crime of bigamy is consummated as without a judicial declaration of its nullity.
the valid or voidable first marriage still subsists ● In People v. Mora Dumpo and People v. Lara
without a decree of annulment by a competent court, the Court decided on the issue of the validity of
In contrast, when the first marriage is void ab initio, the second marriage in the same criminal
the accused cannot be held liable for bigamy as the proceeding for bigamy to determine the guilt of
judicial declaration of its nullity is not tantamount to the accused, i.e. if he contracted a valid
annulment nor dissolution but merely a declaration of
second marriage during the subsistence of the
a status or condition that no such marriage exists.
first marriage. Patently, the Court allowed the
In the same manner, when the accused contracts a accused in Dumpo and Lara to Interpose the
second or subsequent marriage that is void ab initio, defense of a void ab initio second marriage
other than it being bigamous, he/she cannot be held other than it being bigamous in the criminal
liable for bigamy as the effect of a void marriage prosecution for bigamy.
signifies that the accused has not entered into a ● In Merced v. Diez, the Court recognized the
second or subsequent marriage, being inexistent
action to annul the second marriage as a
108
prejudicial question in a prosecution for
exceptional cases under the following substantive
bigamy. Also, Since the validity of the second requisites. It states that “notwithstanding the rule of
marriage, subject of the action for bigamy, Islamic law permitting a Muslim to have more than
cannot be determined in the criminal case and one wife but not more than four at a time, no Muslim
since prosecution for bigamy does not lie male can have more than one wife unless he can
unless the elements of the second, marriage deal with them with equal companionship and just
appear to exist, it is necessary that a decision treatment as enjoined by Islamic law and only in
exceptional cases.”
in a civil action to the effect that the second
marriage contains all the essentials of a Article 162 spells out the formal requisites for the
marriage must first be secured. Muslim husband’s subsequent marriage, requiring the
husband to file a written notice thereof with the Clerk
What is now the rule? of Court of the Shari ‘a Circuit Court of the place
● The existing rule, therefore, is that a judicial where his family resides before contracting a
declaration of nullity of the second marriage is subsequent marriage. The Clerk shall serve a copy
thereof to the wife or wives.
not a valid defense in bigamy nor a prejudicial
question to a criminal action for bigamy. These requisites were not present, hence petitioners’
conversion to Islam does not exculpate them.
Change of religion is NOT a defense in the crime of Conversion to Islam does not release them from
bigamy. criminal liability without the proper application of law
and presence of the above requisites. The Supreme
MALAKI AND MALAKI v PEOPLE Court further clarified that while we enact laws to
GR No. 221075 preserve and develop cultures, traditions and
institutions, it will not allow circumvention of law in the
The complainant and Francis Malaki were validly guise of preserving culture.
married. After petitioner Francis left and abandoned
their family, complainant discovered that petitioners
cohabited and later on got married while complainant —end of Criminal Law 2—
and Francis’s marriage was subsisting. However,
petitioners claimed that they cannot be penalized for /less
bigamy as they converted to Islam prior to their
marriage. The trial court found them guilty of bigamy,
which was affirmed by the Court of Appeals.
The Supreme Court, in resolving petitioners’ appeal,

held that a party who converts to Islam and
marries another despite the subsistence of a first
marriage is guilty of bigamy. Likewise guilty is the
spouse in the subsequent marriage. It found that
there is no conflict between the Muslim Code and
the general law on the issue.
Article 13(2) of the Muslim Code spells out that the

Civil Code governs marriages where either party is
non-Muslim and which were not solemnized in
Muslim rites. Hence, the nature, consequences and
incidents of petitioner Francis’ prior and admittedly
subsisting marriage to complainant remain well within
the ambit of the Civil Code, and its counterpart penal
provisions in the Revised Penal Code.
In sum, the Muslim Code finds no application in his

subsisting marriage with the complainant who was a
non-Muslim and his marriage to whom had not been
solemnized in Muslim rites. Thus, it does not matter
whether the subsequent marriage of petitioners
happened before or after their conversion because
the subsequent marriage consummated the crime of
bigamy.
Furthermore, there are conditions under which the

Muslim Code allows a subsequent marriage. Article
27 of the Muslim Code conditionally allows the
Muslim husband’s subsequent marriage in
109

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CRIMINAL LAW II NOTES | LAWRENCE EDWARD S. SORIANO | 2ND SEM | S.Y.

No person shall be convicted of treason unless on the PEOPLE V PEREZ

2. Being in possession, by reason of the public office

NOTE: This can only be punished when there is no ESPIONAGE TREASON

XPN: In the exempting circumstance of insuperable

Article 122 of the Revised Penal Code, before its

It shall likewise be unlawful for any person 3to

Article 128. Violation of domicile. — The penalty of

G.R: In conducting a rally, there must be a permit of the

Levying of war was

Last paragraph: UNKNOWN leaders but performed ENRILE v SALAZAR

The warrant had issued on an information charges

A WA was issued to a member of a pulahan, group of I. SCURRILOUS LIBEL

Issue: Whether the accused is liable of seditious libel

Regarding the publication, it suggests or incites

As used in this article, the word "meeting" shall be

A. ATTENDED BY ARMED PERSONS

Article 147. Illegal associations. — The penalty of

Against whom direct assault (D.A) should it be

A. EMPLOY FORCE OR INTIMIDATION FOR THE

Article 153. Tumults and other disturbance of Nature of speeches involved

III. MALICIOUSLY PUBLISH OR CAUSE TO BE

2. Any person who shall instigate or take an active

CONDITIONAL PARDON Title 4: CRIMES AGAINST PUBLIC INTEREST

2. By prision mayor in its maximum period and a fine

2. Causing it to appear that persons have

3. Attributing to persons who have participated in

EXAMPLE 1: One who is applying in a position in govt

Private documents are treated differently.

Mere perversion of truth Mere falsification is not

1. Any physician or surgeon who, in connection,

Can a public officer commit this crime?

Whereupon the Vice-Mayor sent a telegram to the

Also, take note that:

Section 1. Hereafter it shall be unlawful for

EXECUTIVE ORDER NO. 29715 In cases provided in subdivisions 3 and 4 of this

1. Any person who shall enter into any contract or

2. Any person who shall monopolize any

This article does not apply to the manufacturer of

3. Any person who, in the sale or advertising of his

(3) Those who shall sell, give away or exhibit films,

1. It is violative under this article when a dancer in

PRIOR TO AMENDMENT If a man is having habitual intercourse with a woman or

(a) To recruit, transport, transfer; harbor, provide, INVOLUNTARY SERVITUDE

(c) To offer or contract marriage, real or

(f) When the offender is a member of the military or

TERMS TO REMEMBER UNDER TITLE SEVEN, viz:

Act would be done lawfully but the

NONFEASANCE Omission of an act which ought to

JUANITO MERENCILLO v PEOPLE CASING v OMBUDSMAN

Santillano still asserts that there is no proof of

2. The penalty of prision mayor in its minimum and

Art. 216. Possession of prohibited interest by a

This provisions is applicable to experts, arbitrators EXAMPLES

R.A. 708032 5) By establishing agricultural, industrial or

Considering that what R.A. No. 7080 punishes is the

Art. 223. Conniving with or consenting to evasion.

It is required that PO charge the prisoner and the latter However,