TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY
SECTION ONE: CONSPIRACY AND TREASON
ART. 114 TREASON ART 115. CONSPIRACY &
PROPOSAL
1. That the offender owes TO COMMIT TREASON
allegiance to the
Government of the 1. Conspiracy to commit
Philippines; (a Filipino citizen treason – committed when
or Resident alien) in time of war, two or more
2. There is a war in which the persons come to an
Philippines is involved agreement to levy war
3. The offender either (modes against the Government or
of committing): to adhere to the enemies
a. Levies war against the and to give them aid or
government comfort, and decide to
b. Adheres to the enemies, commit it (Arts. 8 and 114)
giving them aid or
comfort. 2. Proposal to commit treason
– committed when in time of
war a person has decided
to levy war against the
Government or to adhere to
the enemies and to give
them aid or comfort,
proposes its execution to
some other person or
persons (Arts. 8 and 114)
ART 116. MISPRISION OF ART 117. ESPIONAGE
TREASON
1. By entering, without
1. That the offender is a citizen authority, a warship, fort, or
of the Philippines; military or naval
establishment or reservation
2. That he has knowledge of to obtain any information,
any conspiracy against the plan or other data of
Government; confidential nature relative to
the defense of the
3. That the conspiracy is one to Philippines
commit treason;
2. By disclosing to the
4. That he conceals or does not representative of a foreign
disclose and make known nation the contents of the
the same as soon as articles, data or information
possible to the proper referred to in the preceding
authority paragraph, which he had in
his possession by reason of
the public office he holds.
 SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR SECTION THREE: PIRACY AND
MUTINY ON THE HIGH SEAS
ART. 118 INCITING TO WAR ART. 119 VIOLATION OF ART 120. CORRES- ART 121. FLIGHT TO
OR GIVING MOTIVES FOR NEUTRALITY PONDENCE WITH HOSTILE ENEMY’S COUNTRY ARTICLE 122. PIRACY IN
REPRISALS COUNTRY GENERAL AND MUTINY
1. That there is a war in which 1. That there is a war in ON THE HIGH SEAS
1. That the offender performs the Philippines is not 1. That it is made in time of which the Philippines is
unlawful or unauthorized acts; involved; war in which the Philippines is involved; Two ways or modes of committing
involved; piracy:
2. That such acts provoke or 2. A regulation issued by a 2. Offender owes allegiance
give occasion for: competent authority for the 2. That the offender makes to the Government; 1. By attacking or seizing a vessel
a. A war involving or liable to purpose of enforcing correspondence with the: on the high seas or in Philippine
involve the Philippines; or neutrality; a. Enemy country or 3. Offender attempts to flee waters;
b. Expose Filipino citizens to b. Territory occupied by the or go to the enemy
reprisals on their persons 3. That the offender violates enemy troops; country; 2. By seizing in the vessel while on
and property. such regulation. the high seas or in Philippine
3. That the correspondence is 4. That going to the enemy waters the whole or part of its
either: country is prohibited by cargo, its equipment or personal
a. Prohibited by the the competent authority. belongings of its complement or
Government; or passengers.
b. Carried on in ciphers or
conventional signs; or Elements of piracy:
c. If notice or information
be given enemy. 1. That a vessel is on the high seas
or on Philippine waters;

The following must concur 2. That the offenders are NOT

to qualify the offense: members of its complement or
passengers of the vessel;
1. That the notice or
information might be useful to 3. That the offenders:
the enemy;
a. Attack or seize the vessel; or
2. That the offender intended
to aid the enemy. b. Seize the whole or part of the
cargo of said vessel, its equipment
or personal belongings of its
complement or passengers.

Piracy under PD 532: Punishes

piracy committed in Philippine waters
only.

Offenders: any person (passenger,

crew or stranger)
 SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND CRIMES
ARTICLE 123 QUALIFIED REPUBLIC ACT NO. 6235 ANTI- AGAINST RELIGIOUS WORSHIP
PIRACY HIJACKING LAW
SECTION ONE: ARBITRARY DETENTION AND EXPULSION
Qualifying Circumstances: “aircraft is in flight” - from the moment
ARTICLE 124. ARBITRARY ARTICLE 125. DELAY IN THE ARTICLE 126. DELAYING
1. Whenever the offenders all exterior doors are closed following
embarkation until the same doors are DETENTION DELIVERY OF DETAINED RELEASE
have seized the vessel by PERSONS TO THE PROPER
boarding or firing upon the again opened for disembarkation.
1. That the offender is a public JUDICIAL AUTHORITIES Three acts punished:
same;
Acts Punished officer or employee; 1. By delaying the performance of
1. Usurping or seizing control of an 1. That the offender is a public a judicial or executive order for
2. Whenever the pirates have 2. That he detains a person; officer or employee;
aircraft of Philippine registry while the release of a prisoner;
abandoned their victims
without means of saving it is in flight; or compelling the
pilots thereof to change its course 3. That the detention is without 2. That he has detained a person 2. By unduly delaying the service
themselves; legal ground. for some legal ground
or destination; Note: When the of the notice of such order to
aircraft is not in flight, the said prisoner;
3. Whenever the crime is Legal grounds for the 3. That he fails to deliver such
usurpation or seizure of the
accompanied by murder, detention of persons: person to the proper judicial
aircraft may amount to coercion 3. By unduly delaying the
homicide, physical injuries, authorities within:
or threat. When death results, the proceedings upon any petition
or rape.
crime is homicide or murder, as 1. The commission of a crime; for the liberation of such person.
the case may be. or 12 hrs. for light penalties or
. 2. Violent insanity or other their equivalent. Elements:
2. Usurping or seizing control of an ailment requiring
Qualified Mutiny: When the compulsory confinement of
second or the third aircraft of foreign registry, while 18 hrs. for correctional 1. That the offender is a public
within Philippine territory, or the patient in a hospital penalties or their equivalent. officer or employee;
circumstance accompanies the
crime of mutiny mentioned compelling the pilots thereof to
under Art. 122, mutiny is then land in any part of Philippine 36 hrs. for afflictive penalties 2. That there is a judicial or
qualified. First circumstance territory; or their equivalent executive order for the release
may not qualify the crime of of a prisoner or detention
mutiny. 3. Carrying or loading on board an prisoner, or that there is a
aircraft operating as a public proceeding upon a petition for
utility passenger aircraft in the the liberation of such person;
Philippines flammable, corrosive,
substances, explosive or 3. That the offender without good
poisonous Note on R.A. 6235: reason delays either:
Aggravating circ. to nos. 1 and2
1. When the offender has fired a. The service of the notice of
4. Loading, shipping, or transporting upon the pilot, member of the
on board a cargo aircraft such order to the prisoner;
crew, or passenger of the
operating as a public utility in the aircraft;
Philippines, flammable, corrosive, 2. When the offender has b. The performance of such
or poisonous substance if not exploded or attempted to judicial or executive order for
done in accordance with the rules explode any bomb or explosive the release of the prisoner; or
and regulations of the Air to destroy the aircraft;
3. Whenever the crime is c. The proceedings upon a
Transportation Office.
accompanied by murder, petition for the release of
homicide, serious physical such person.
injuries or rape;
 SECTION TWO: VIOLATION OF DOMICILE SECTION THREE: PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
ARTICLE 127. EXPULSION ARTICLE 128 VIOLATION OF ARTICLE 129. ARTICLE 130 SEARCHING PEACEFUL MEETINGS
DOMICILE SEARCH WARRANTS DOMICILE WITHOUT
Two acts punished: MALICIOUSLY OBTAINED WITNESSES ARTICLE 131 PROHIBITION, INTERRUPTION,
Acts Punished AND ABUSE IN THE & DISSOLUTION OF PEACEFUL MEETINGS
1. By expelling a person from SERVICE OF THOSE 1. That the offender is a public
the Philippines; 1. By entering any dwelling LEGALLY OBTAINED officer or employee; Acts Punished:
against the will of the owner
2. By compelling a person to thereof; Acts Punished: 2. That he searches the 1. Prohibiting, interrupting or dissolving without
change his residence. domicile, papers or other legal ground the holding of a peaceful
2. By searching papers or other 1. Procuring a search warrant belongings of any person; meeting;
Elements: effects found therein without without just cause
the previous consent of such 3. That he is armed with a 2. Hindering any person from joining any lawful
1. That the offender is a public owner; Elements: warrant; association or from attending any of its
officer or employee; meetings;
3. By refusing to leave the a. That the offender is a 4. That the owner or any
2. That he expels any person premises, after having public officer or member of his family or two 3. Prohibiting or hindering any person from
from the Philippines, or surreptitiously entered said employee; witnesses residing in the addressing, either alone or together with
compels a person to change dwelling and after having same locality are not others, any petition to the authorities for the
his residence; been required to leave the b. That he procures a present. correction of abuses or redress of grievances.
same. search warrant;
Common elements:
3. That the offender is not
Common elements: c. That there is no just
authorized to do so by law.
cause. 1. That the offender is a public officer;
1. That the offender is public
Exception: (no expulsion) in
officer or employee; 2. Exceeding his authority or by 2. That he performs any of the acts mentioned
cases of ejectment,
using unnecessary severity in above
expropriation or when the 2. That he is not authorized by
executing a search warrant
penalty of destierro is judicial order to enter the legally procured
imposed. dwelling and/ or to make a
search for papers and for Elements: ARTICLE 132. INTERRUP-TION OF
other effects. RELIGIOUS WORSHIP
a. That the offender is a
Qualifying circumstances: public officer or 1. That the offender is a public officer or
employee; employee;
1. If committed at nighttime;
b. That he has legally 2. That religious ceremonies or manifestations of
2. If any papers or effects, not procured a search any religion are about to take place or are
constituting evidence of a warrant; going on;
crime are not returned
immediately after a search is c. That he exceeds his 3. That the offender prevents or disturbs the
made by the offender. authority or uses same
unnecessary severity in
executing the same. - Qualified by violence or threats

ARTICLE 133. OFFENDING
RELIGIOUS FEELINGS
1. That the acts complained of
were performed:
a. In a place devoted to
religious worship (not
necessary that there is a
religious worship); or
b. During the celebration of
any religious ceremony;
2. That the acts must be
notoriously offensive to the
feelings of the faithful.
TITLE THREE: CRIMES AGAINST PUBLIC ORDER
ARTICLE 134. REBELLION/ ARTICLE 134-A. COUP ARTICLE 135. PENALTY ARTICLE 136. CONSPIRACY
INSURRECTION D’ETAT FOR REBELLION OR & PROPOSAL TO COMMIT
INSURRECTION OR COUP REBELLION, INSUR-
1. That there be: 1. That the offender is a D’ETAT RECTION OR COUP D’ ETAT
a. Public uprising; and person or persons
b. Taking up of arms against belonging to military or Persons liable for rebellion, 1. Conspiracy to commit
the government. police or holding any public insurrection and/or coup d’etat: rebellion – when two or
office or employment; more persons come to an
2. For the purpose of: The leaders – agreement to rise publicly
2. That it is committed by Any person who and take arms against the
a. Removing from the means of a swift attack, a. Promotes; Government for any of the
allegiance to said accompanied by violence, b. Maintains; or purposes of rebellion and
Government or its laws: intimidation, threat, c. Heads a rebellion or decide to commit it
strategy, or stealth; insurrection; or
i. The territory of the 2. Proposal to commit
Philippines, or any part 3. That the attack is directed Any person who – rebellion – when the
thereof; or against duly constituted a. Leads; person who has decided to
authorities of the Republic b. Directs; or rise publicly and take arms
ii. Any body of land, naval of the Philippines or any c. Commands others to against the Government for
or other armed forces; or military camp, or undertake a coup d’etat; any of the purposes of
installation, or rebellion proposes its
b. Depriving the Chief communication networks, The participants – execution to some other
Executive or Congress, public utilities or other Any person who person or persons
wholly or partially, of any facilities needed for the 1. Participates; or
of their powers or exercise and continued 2. Executes the
prerogatives. possession of power; commands of others in
rebellion, or insurrection;
4. That the purpose of the
attack is to seize or Any person in the
diminish state power. government service who
1. Participates; or
2. Executes directions or
commands of others in
undertaking a coup d’etat;
Any person not in the
government service who
1. Participates;
2. Supports;
3. Finances;
4. Abets; or
5. Aids in undertaking a
coup d’etat.
RICARDO M. RIBO JR.
 TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 137 DISLOYALTY ARTICLE 138. INCITING ARTICLE 139. SEDITION ARTICLE 140. ARTICLE 142. INCITING Elements of act no. 1:
OF PUBLIC OFFICERS/ TO REBELLION/ PENALTY FOR TO SEDITION
EMPLOYEES INSURRECTION 1. That the offenders rise: SEDITION 1. That the offender does not
a. Publicly; and Acts Punished: take direct part in the crime
Acts Punished 1. That the offender does not b. Tumultuously; Persons liable: of sedition;
take up arms or is not in 1. Inciting others to commit
1. Failing to resist a rebellion open hostility against the 2. That they employ force, 1. The leader of the sedition by means of 2. That he incites others to the
by all means in their power; Government; intimidation, or other sedition; speeches, accomplishment of any of
means outside of legal proclamations, writings, the acts which constitute
2. Continuing to discharge the 2. That he incites others to methods; 2. Other persons emblems cartoons, sedition;
duties of their office under the execution of any of the participating in the banners, or other
the control of the rebels; acts of rebellion; 3. That the offenders employ sedition. representations tending 3. That the inciting is done by
any of those means to to the same end; means of speeches,
3. Accepting appointment to 3. That the inciting is done by attain any of the following proclamations, writings,
office under the rebels. means of speeches, objects: 2. Uttering seditious words emblems, cartoons, banners,
proclamations, writings, ARTICLE 141. or speeches which tend or other representations
emblems, banners or other a. To prevent the CONSPIRACY TO to disturb the public tending to the same end.
representations promulgation or execution COMMIT SEDITION peace;
(SPWEBO) tending to the of any law or the holding of Acts nos. 2 & 3 punishable
same end any popular election; Only Conspiracy to 3. Writing, publishing, or when:
commit sedition is circulating scurrilous
b. To prevent the punishable and not libels against the 1. They tend to disturb or
government or any public proposal to commit Government or any of its obstruct any lawful officer in
officer from freely sedition. duly constituted executing the functions of his
exercising its or his authorities. office;
functions, or prevent the There must be an
execution of any agreement both to attain 4. Knowingly concealing 2. They tend to instigate others
Administrative Order; an object of sedition and such evil practices. to cabal and meet together
to rise publicly and for unlawful purposes;
c. To inflict any act of hate tumultuously.
or revenge upon the 3. They suggest or incite
person or property of any rebellious conspiracies or
public officer or employee; riots or

d. To commit, for any 4. They lead or tend to stir up

political or social end, the people against the lawful
any act of hate or revenge authorities or disturb the
against private persons or peace of the community, and
any social class; the safety and order of the
Government
e. To despoil, for any
political or social end, any
person or the government
of all its property or any
part thereof.
 CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION CHAPTER 3: ILLEGAL ASSMBLIES/ASSOCIATIONS
SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES SECTION 2: VIOLATION OF ARTICLE 146 ILLEGAL ARTICLE 147 ILLEGAL
PARLIAMENTARY ASSEMBLIES ASSOCIATIONS
ARTICLE 143. ACTS ARTICLE IMMUNITY
TENDING TO PREVENT THE 144.DISTURBANCE OF Forms of Illegal Prohibited
MEETING OF THE PROCEEDINGS ARTICLE 145 VIOLATION Assemblies: associations:
ASSEMBLY AND SIMILAR OF PARLIAMENTARY 1. Any meeting attended 2. Any meeting in which the Association totally or
BODIES IMMUNITY by armed persons for the audience, whether armed or partially organized for:
1. That there be a meeting of purpose of committing any not, is incited to the
1. That there be a projected or Congress or any of its Acts Punished of the crimes punishable commission of the crime of 1. The purpose of
actual meeting of the committees or under the Code treason, rebellion or committing any of the
National Assembly or any of subcommittees, 1. Using force, intimidation, insurrection, sedition, or crimes punishable
its committees or constitutional commissions threats, or frauds to prevent Requisites: assault upon a person in under the Code, or
subcommittees, or committees or divisions any member from: a. That there is a meeting, authority
constitutional commissions thereof, or any provincial gathering or group of 2. Some purpose
or committees or divisions board or city or municipal a. Attending the meetings persons, whether in a Requisites: contrary to public
thereof, or of any provincial council or board; of Congress or any of fixed place or moving; morals.
board or city or municipal its subcommittees, a. That there is a meeting, a
council or board; 2. That the offender does any commissions or b. That the meeting is gathering or group of
of the following acts: divisions thereof, or attended by armed persons, whether in a fixed
2. That the offender, who may from committees or persons; place or moving;
be any person, prevents a. He disturbs any of such constitutional
such meeting by force or meetings; committees or c. That the purpose of the b. That the audiences,
fraud. meeting is to commit whether armed or not, is
b. He behaves while in the b. Expressing his any of the crimes incited to the commission of
presence of any such opinions or punishable under the the crime of treason,
bodies in such a manner Code. rebellion or insurrection,
as to interrupt its c. Casting his vote sedition or direct assault.
proceedings or to impair
the respect due it. 2. Arresting or searching any
member while Congress is in Presumptions:
session, except in cases If any person carries an
where such member has unlicensed firearm, it is
committed a crime presumed that:
punishable under the Code
by a penalty higher than 1. The purpose of the meeting
prision mayor. insofar as he is concerned is
to commit acts punishable
under the RPC, and

2. He is considered a leader or
organizer of the meeting

RICARDO M. RIBO JR.

 CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

ARTICLE 152. PERSONS ARTICLE 148 DIRECT 2. Without public uprising, by ARTICLE 149 ARTICLE 150. ARTICLE 151 RESISTANCE
IN AUTHORITY & ASSAULT attacking, by employing force or INDIRECT DISOBEDIENCE TO & DISOBEDIENCE TO A
AGENTS OF PERSONS seriously intimidating or by ASSAULT SUMMONS ISSUED BY THE PERSON IN AUTHORITY OR
IN AUTHORITY Two ways to commit: seriously resisting any PA or APA, NAT’L ASSEMBLY, ITS THE AGENTS OF SUCH
while engaged in the performance 1. That a PA or an COMMITTEES OR PERSON
Public Officer (PO) 1. Without public uprising, of official duties, or on the occasion APA is the victim SUBCOMMITTEES, BY THE
by employing force or of such performance of any of the CONSTITUTIONAL Elements of resistance &
Any person who takes intimidation for the forms of direct COMMISSION, ITS serious disobedience:
part in the performance of attainment of any of the Elements: assault defined in COMMITTEES,
public functions in the purposes enumerated in a. That the offender: Art. 148; SUBCOMMITTEE OR 1. That a PA or his APA is
government. defining the crimes of i. Makes an attack (equivalent to DIVISIONS engaged in the performance
sedition & rebellion aggression), 2. That a person of official duty or gives a
Person in Authority (PA) ii. Employs force comes to the aid Acts punished: lawful order to the offender;
Elements: iii. Makes a serious intimidation of the APA;
Any person directly vested a. That the offender (unlawful coercion, duress, 1. Refusing, without legal 2. That the offender resists or
with jurisdiction, whether employs force or putting someone in fear, 3. That the offender excuse, to obey summons of seriously disobeys such
as an individual or as a intimidation; exertion of an influence in the makes use of Congress, or any person in authority or his
member of some court or mind which must be both force or commission or committee agent;
governmental corporation, b. That the aim of the immediate and serious), or intimidation upon chairman or member
board commission. offender is to attain iv. Makes a serious resistance (if such person authorized to summon 3. That the act of the offender
any of the purposes of not serious, crime committed coming to the aid witnesses; is not included in the
Agent of a Person in the crime of rebellion may be that under resistance of the APA. provisions of Arts. 148-150.
Authority (APA) or any of the objects and disobedience); 2. Refusing to be sworn or
of the crime of placed under affirmation Elements of simple
Any person who, by direct sedition; b. That the person assaulted is a while before such legislative disobedience:
provision of law or by person in authority or his agent; or constitutional body or
election or by appointment c. That there is no public official; 1. That an APA is engaged in
by competent authority, is uprising. c. That at the time of the assault the the performance of official
charged with the person in authority or his agent: 3. Refusing to answer any duty or gives a lawful order
maintenance of public i. Is engaged in the actual legal inquiry or to produce to the offender;
order and the protection performance of official duties, any books, papers, 2. That the offender disobeys
and security of life and or documents, or records in his such APA;
property. ii. That he is assaulted by reason possession, when required
of the past performance of his by them to do so in the 3. That such disobedience is
official duties; exercise of their functions; not of a serious nature.

d. That the offender knows that the 4. Restraining another from

one he is assaulting is a person in attending as a witness in
authority or his agent in the exercise such legislative or
of his duties; constitutional body;

e. That there is no public uprising 5. Inducing disobedience to

summons or refusal to be
sworn by any such body or
official
 CHAPTER FIVE: PUBLIC DISORDER CHAPTER SIX: EVASION OF SERVICE OF SENTENCE
ARTICLE 153 TUMULTS & ARTICLE .C 154 UNLAWFUL ARTICLE 155 ALARMS & ARTICLE 156 DELIVERY ARTICLE 157 ARTICLE 158 EVASION
OTHER DISTURBANCES OF USE OF MEANS OF SCANDALS OF PRISONERS FROM EVASION OF SERVICE OF OF SENTENCE ON THE
PUBLIC ORDER PUBLICATION AND JAIL SENTENCE OCCASION OF
UNLAWFUL UTTERANCES Acts punished: DISORDERS,
Acts punished: 1. That there is a person 1. That the offender is a CONFLAGRATIONS,
Acts punished: 1. Discharging any firearm, confined in a jail or convict by final judgment; EARTHQUAKES, OR
1. Causing any serious rocket, firecracker, or other penal establishment; OTHER CALAMITIES
disturbance in a public place, 1. Publishing or causing to be explosive within any town or 2. That he is serving his
office or establishment; published as news any public place, which produces 2. That the offender sentence, which consists 1. That the offender is a
false news which may alarm or danger removes such person, in deprivation of liberty; convict by final
2. Interrupting or disturbing endanger the public order, or helps the escape of judgment, and is
public performances, or cause damage to the 2. Instigating or taking an such person. 3. That he evades the confined in a penal
functions or gatherings, or interest or credit of the active part in any charivari or service of his sentence by institution;
peaceful meetings, if the act State; other disorderly meeting Committed in two ways: escaping during the term
is not included in Arts. 131- offensive to another or of his sentence. 2. That there is disorder,
132; 2. Encouraging disobedience prejudicial to public 1. By removing a prisoner resulting from:
to the law or to the tranquility confined in jail or penal Circumstances qualifying
3. Making an outcry tending to constituted authorities or by institution – to take the offense: a. Conflagration,
incite rebellion or sedition in praising, justifying or 3. Disturbing the public peace away a person from b. Earthquake,
any meeting, association or extolling any act punished while wandering about at confinement with or 1. By means of unlawful c. Explosion,
public place; by law, by the same means night or while engaged in without the active entry (“by scaling”); d. Similar catastrophe,
or by words, utterances or any other nocturnal participation of the e. Mutiny in which he
4. Displaying placards or speeches; amusements person released 2. By breaking doors, has not participated;
emblems which provoke a windows, gates, walls,
disturbance of public order in 3. Maliciously publishing or 4. Causing any disturbance or 2. By helping said person roofs or floors; 3. That the offender leaves
such place; causing to be published any scandal in public places to escape – furnish the penal institution
official resolution or while intoxicated or material means to 3. By using picklocks, false where he is confined, on
5. Burying with pomp the body document without authority, otherwise, provided Art. 153 facilitate escape keys, disguise, deceit, the occasion of such
of a person who has been or before they have been is not applicable violence, or intimidation; disorder or during the
legally executed. published officially; mutiny;
4. Through connivance with
4. Printing, publishing or other convicts or 4. That the offender fails to
distributing (or causing the employees of the penal give himself up to the
same) books, pamphlets, institution. authorities within 48 hrs.
periodicals, or leaflets following the issuance of
which do not bear the real a proclamation by the
printer’s name, or which are Chief Executive
classified as anonymous. announcing the passing
away of such calamity.
. CHAPTER SEVEN TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

ARTICLE 159 ARTICLE 160 COMMISSION CHAPTER ONE: FORGERIES

OTHER CASES OF EVASION OF ANOTHER CRIME SECTION 1: FORGING THE SEAL OF THE SECTION TWO: COUNTERFEITING COINS
OF SENTENCE DURING THE SERVICE OF GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
(CONDITIONAL PARDON) PENALTY IMPOSED FOR ARTICLE 163 ARTICLE 164
SIGNATURE OR STAMP OF THE CHIEF
ANOTHER PREVIOUS MAKING AND MUTILATION OF COINS-
EXECUTIVE.
1. That the offender was a OFFENSE IMPORTING AND IMPORTATION AND
convict; (QUASI-RECIDIVISM) ARTICLE 161 ARTICLE 162 UTTERING FALSE UTTERANCE OF MUTILATED
COUNTERFEITING SEAL USE OF FORGED COINS COINS
2. That he was granted a 1. That the offender was OF GOVERNMENT, SIGNATURE,
conditional pardon by the already convicted by final SIGNATURE AND COUNTERFEIT SEAL 1. That there be false or Acts punished
Chief Executive; judgment; STAMP OF PRESIDENT OR STAMP counterfeited coins;
1. Mutilating coins of the legal
3. That he violated any of the 2. That he committed a new Acts Punished 1. That the seal of the 2. That the offender either currency, with the intent to
conditions of such pardon. felony before beginning to Republic was made, imported or damage or to defraud
serve such sentence or 1. Forging the Great Seal counterfeited, or the uttered such coins; another;
while serving the same. of the Government of signature or stamp of
FORMS OF EVASION OF the Philippines; the Chief Executive 3. That in case of uttering 2. Importing or uttering such
SERVICE OF SENTENCE Who can be pardoned was forged by another such false or mutilated coins, with the
2. Forging the signature of person; counterfeited coins, he further requirement that there
1. By simply leaving or A quasi-recidivist can be the President; connived with the must be connivance with the
escaping from the penal pardoned: 2. That the offender knew counterfeiters or mutilator or importer in case
establishment under Art. 1. At the age of 70, if he shall 3. Forging the stamp of the of the counterfeiting or importers. of uttering.
157 have already served out his President. forgery;
original sentence (and not a ARTICLE 165. SELLING OF
2. Failure to return within 48 habitual criminal); or 3. That he used the FALSE OR MUTILATED
hours after having left the counterfeit seal or COIN, WITHOUT
penal establishment 2. When he shall have forged signature or CONNIVANCE
because of a calamity, completed it after reaching stamp.
conflagration or mutiny and the said age, unless by Acts Punished
such calamity, conflagration reason of his conduct or
or mutiny has been other circumstances, he 1. Possession of coin,
announced as already shall not be worthy of such counterfeited or mutilated by
passed under Art. 158. clemency. another with intent to utter
the same knowing that it is
3. Violating the condition of false or mutilated;
conditional pardon under
Article 159. 2. Actually uttering false or
mutilated coin, knowing it to
be false or mutilated.
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES
ARTICLE 166
FORGING TREASURY OR
BANK NOTES OR OTHER
DOCUMENTS PAYABLE
TO BEARER AND
UTTERING THE SAME
Acts penalized:
1. Forging or falsification of
treasury or bank notes or
other documents payable
to bearer;
2. Importation of the same
3. Uttering the same in
connivance with forgers
or importers;
What may be forged or
falsified under Article 166:
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and
securities, payable to
bearer.
ARTICLE 167. ARTICLE 168. ILLEGAL ARTICLE 170 ARTICLE 171 FALSIFICATION B. Causing it to appear that
COUNTERFEITING, POSSESSION AND USE OF FALSIFICATION OF BY PUBLIC OFFICER, persons have participated
IMPORTING AND FALSE TREASURY OR BANK LEGISLATIVE EMPLOYEE OR NOTARY OR in an act or proceeding
UTTERING NOTES AND OTHER DOCUMENT ECCLESIASTICAL MINISTER when they did not in fact so
INSTRUMENT NOT INSTRUMENTS OF CREDIT participate.
PAYABLE TO BEARER 1. That there be a bill, 1. That the offender is a public
1. That the treasury or bank note resolution or officer, employee or notary 1. That the offender
1. That there be an or certificate or other ordinance enacted by public or ecclesiastical caused it to appear in a
instrument payable to obligation and securities or approved or minister; document that a person
order or other payable to bearer or any pending approval by or persons participated
document of credit instrument payable to order or either House of the in an act or proceeding;
NOT payable to other document of credit not Legislative or any 2. That he takes advantage of
bearer; payable to bearer is forged or provincial board or his official position when: 2. That such persons did
falsified by another; municipal council; not in fact so participate
2. That the offender a. He has the duty to make in the act or proceeding.
either forged, 2. The offender knows that any 2. The offender alters or prepare or otherwise to
imported or uttered of these instruments is forged the same; intervene in the C. Attributing to persons
such instrument; or falsified; preparation of the who have participated in
3. That he has no proper document; OR any act or proceeding
3. That in case of 3. That he performs any of these authority therefor; statements other than those
uttering he connived acts: b. He has the official custody in fact made by them.
with the importer or 4. That alteration of the document which he
forger. a. Using any of such forged changed the meaning falsifies 1. That persons participated
or falsified instruments; or of the document. in an act or proceeding;
b. Possession with intent to 3. The offender falsifies a
use, any of the forged or document. 2. That such person or
falsified documents. persons made statements
Different Modes of Falsifying a in that act or proceeding;
Document:
ARTICLE 169. HOW FORGERY 3. That the offender in
IS COMMMITTED A. Counterfeiting or imitating any making a document,
handwriting, signature or rubric. attributed to such person,
1. By giving to treasury or bank statements other than
note or any instrument payable 1. That there be an intent to those in fact made by
to bearer or to order the imitate or an attempt to such person.
appearance of a true and imitate;
genuine document;
2. The two signatures or
2. Counterfeiting handwriting, the genuine and
Altering the forged bear some
Substituting resemblance to each other
Erasing any figures, letters,
words or signs contained therein.
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES

D. Making untruthful statements G. Issuing in an ARTICLE 172. FALSIFI- 3. Use of falsified documents. 3. Using such falsified ARTICLE 173. FALSI-
in a narration of facts. authenticated form a CATION BY PRIVATE messages. FICATION OF
document purporting to INDIVIDUALS AND USE OF Elements: · With respect to No. 3, WIRELESS, CABLE,
1. That the offender makes in a be a copy of an original FALSIFIED DOCUMENTS a. Introducing in a judicial the offender need not TELEGRAPH AND
document statements in a document when no proceeding: be connected to the TELEPHONE
narration of facts; such original exist or Acts punished: i. That the offender knew government or to such MESSAGES AND USE
including in such a copy 1. Falsification of public, official that the document was corporation. OF SAID FALSIFIED
2. That he has the legal a statement contrary to or commercial document by a falsified by another person; MESSAGES
obligation to disclose the truth or different from that of private individual Elements:
of the facts narrated by him; the genuine original. ii. That the false document a. That the accused Acts punished:
Elements: was embraced in Art. 171 knew that wireless, 1. Uttering fictitious
3. That the facts narrated by the H. Intercalating any a. The offender is a private or in any subdivision No.1 cable, telegraph or wireless, telegraph, or
offender are absolutely false; instrument or note individual or a public officer or or 2 of Art. 172; telephone message telephone messages;
relative to the issuance employee who did not take was falsified by any
4. That the perversion of truth in in a protocol, registry or advantage of his official iii. That he introduced said person specified in 1st 2. Falsifying wireless,
the narration of facts was official book. position; document in evidence in paragraph of Art.173; telegraph or telephone
made with the wrongful intent any judicial proceeding. messages.
of injuring a third person. b. That he committed any of · No damage is required. b. That the accused
the acts of falsification used such falsified Elements:
E. Altering true dates. enumerated in Art.171 (Pars.1- B. Use in any other transaction dispatch; a. That the offender
6); i. That the offender knew is an officer or
F. Making alteration or that the document was c. That the use of the employee of the
intercalation in a genuine c. That the falsification was falsified by another person; falsified dispatch government or an
document which changes its committed in a public or official resulted in the prejudice officer or an
meaning. or commercial document. ii. That the false document of a third party, or that employee of a private
was embraced in Art. 171 the use thereof was corporation, engaged
1. That there be an alteration or 2. Falsification of private or in any of subdivision No. with the intent to cause in the service of
intercalation (insertion) on a document by any person; 1 or 2 of Art. 172; such prejudice sending or receiving
document; wireless, cable or
Elements: iii. That he used such telephone message;
2. That it was made on a a. That the offender committed document (not in judicial
genuine document; any of the acts of falsification proceeding); b. That he commits
except those in par. 7, any of the above
3. That the alteration and enumerated in Art.171; iv. That the use of the false acts.
intercalation has changed the document caused damage
meaning of the document; b. That the falsification was to another or at least it was
committed in a private used with intent to cause
4. That the change made the document; damage.
document speak something
false c. That the falsification caused
damage to a third party or at
least the falsification was
committed with the intent to
cause damage.
 CHAPTER TWO: OTHER FALSITIES

SECTION FIVE SECTION SIX SECTION ONE: USURPATI ON OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
ARTICLE 174. FALSE ARTICLE 176 MANUFAC- ARTICLE 177. ARTICLE 178. USING COMMONWEALTH ACT ARTICLE 179. ILLEGAL
MEDICAL CERTIFICATES, TURING AND POSSESSION USURPATION OF FICTITIOUS NAME AND NO. 142, as amended USE OF UNIFORM OR
FALSE CERTIFICATE OF OF INSTRUMENTS AND AUTHORITY OR CONCEALING TRUE by REPUBLIC ACT NO. INSIGNIA
MERIT OR SERVICE IMPLEMENTS FOR OFFICIAL FUNCTIONS NAME 6085 An Act Regulating
FALSIFICATION the Use of Aliases 1. That the offender
Persons liable: Two offenses Elements: (using makes use of insignia,
1. Physician or surgeon who, in Acts punished: contemplated in Art. 177: fictitious name) General rule: No person uniform or dress;
connection with the practice 1. Making or introducing into shall use any name
of profession issued a false the Philippines any stamps, 1. Usurpation of authority 1. That the offender uses different from the one 2. That the insignia,
certificate; dies, marks, or other a name other than his with which he was uniform or dress
instruments or implements 2. Usurpation of official real name; registered at birth in the pertains to an office
2. Public officer who issued a for counterfeiting; functions office of the local civil not held by the
false certificate of merit or 2. That he uses that registry, or with which he offender or to a class
service, good conduct or 2. Possession with intent to use How committed: fictitious name publicly; was registered in the of person of which he
similar circumstances; the instruments or Bureau of Immigration is not a member; and
implements for counterfeiting 1. By knowingly misrep- 3. That the purpose of the upon entry, or such
3. Private individual who or falsification made in or resenting oneself to be offender is— substitute name as may 3. That said insignia,
falsified a certificate falling in introduced into the an officer, agent or a. To conceal a crime; have been authorized by uniform or dress is
the classes mentioned in Philippines by another representative of the b. To evade the a competent court. used publicly and
Nos. 1 and 2. person. government, whether execution of a improperly.
local, national or foreign; judgment; Or Exception: As
c. To cause damage to pseudonym solely for
2. By performing any act public interest. literary, cinema,
ARTICLE 175. USING FALSE pertaining to a person in television, radio or other
CERTIFICATES authority or public officer Elements: (Concealing entertainment purposes
of the government under true name) and in athletic events
1. That a false certificate the pretense of official where the use of
mentioned in the preceding position and without 1. That the offender pseudonym is a normally
article was issued; authority. conceals: accepted practice.
a. his true name,
2. That the offender knew that The acts performed must b. all other personal
the certificate was false; pertain to: circumstances;

3. That he used the same. 1. The Government 2. That the purpose is

2. To any person in only to conceal his
authority identity.
3. To any public officer

ARTICLE 180. FALSE TESTI-
MONY AGAINST A TESTIMONY
DEFENDANT
1. That there be a criminal
proceeding;
2. That the offender testifies
falsely under oath against
the defendant therein;
3. That the offender who gives
false testimony knows that it
is false;
4. That the defendant against
whom the false testimony is
given is either acquitted or
convicted in a final judgment.
False testimony – is
committed by any person who,
being under oath, and required
to testify as to the truth of a
certain matter at a hearing
before a competent authority,
shall deny the truth or say
something contrary to it.
Three forms of false
testimony
1. False Testimony in Criminal
Cases (Art. 180-181)
2. False Testimony in Civil
Cases (Art. 182)
3. False Testimony in other
cases (Art. 183)
SECTION TWO: FALSE TESTIMONY
ARTICLE 181. FALSE ARTICLE 182. FALSE ARTICLE 183 PERJURY Relevant – when it tends in ARTICLE 184.
TESTIMONY IN CIVIL any reasonable degree to OFFERING FALSE
FAVORABLE TO THE CASES Two ways of committing establish the probability or TESTIMONY IN
DEFENDANT perjury: improbability of a fact in issue. EVIDENCE
1. That the testimony
· The false testimony in must be given in a civil 1. By falsely testifying under Pertinent – when it concerns 1. That the offender
favor of the defendant case; oath; collateral matters which make offered in evidence a
need not directly more or less probable the false witness or
influence the decision of 2. That the testimony 2. By making a false affidavit. proposition at issue. testimony;
the acquittal and it need must relate to the
not benefit the defendant. issues presented in Elements: Oath – any form of attestation 2. That he knew the
said case; by which a person signifies witness or testimony
· Conviction or acquittal 1. That the accused made a that he is bound in conscience was false;
of defendant in principal 3. That the testimony statement under oath or to perform an act faithfully and
case is not necessary. must be false; executed an affidavit upon truthfully. 3. That the offer was
a material matter; made in a judicial or
A defendant who falsely 4. That the false Affidavit – a sworn statement official proceeding.
testifies in his own behalf testimony must be 2. That the statement or in writing; a declaration in .
in a criminal case can given by the defendant affidavit was made before a writing, made upon oath before
only be guilty of Art. 181 knowing it to be false; competent officer an authorized magistrate or
when he voluntarily goes authorized to receive and officer.
upon the witness stand 5. That the testimony administer oath;
and falsely imputes to must be malicious and Competent person – a person
some other person the given with an intent to 3. That in that statement or who has a right to inquire into
commission of a grave affect the issues affidavit, the accused made the questions presented to him
offense. If he merely presented in said case. a willful and deliberate upon matters under his
denies the commission of assertion of a falsehood; jurisdiction
the crime or his
participation therein, he 4. That the sworn statement or Subornation of perjury – is
should not be prosecuted affidavit containing the committed by a person who
for false testimony. falsity is required by law knowingly and willfully
procures another to swear
· Testimony must be falsely and he witness
complete. suborned does testify under
the circumstances rendering
him guilty of perjury.
 CHAPTER THREE: FRAUDS (Arts. 185-189)

ARTICLE 185. MACHI-NATIONS ARTICLE 186. MONOPOLIES The crime is ARTICLE 187. IMPORTATION REPUBLIC ACT NO. REPUBLIC ACT NO. 9165
IN PUBLIC AUCTIONS AND COMBINATIONS IN committed by: AND DISPOSITION OF 455 Law on Comprehensive Dangerous
RESTRAINT OF TRADE (1) combining, FALSELY MARKED Smuggling Drugs Act of 2002
Acts punishable: (2) conspiring, or ARTICLES OR (Repealing RA No. 6425,
1. Soliciting any gift or promise Acts punishable: (3) agreeing with any MERCHANDISE MADE OF Acts punishable: otherwise known as the
as a consideration for 1. Combination or conspiracy to person. GOLD, SILVER OR OTHER 1. That the Dangerous Drugs Act of
refraining from taking part in prevent free competition in PRECIOUS METALS OR merchandise must 1972)
the public auction; market. The purpose is: THEIR ALLOYS have been
(1) to make fraudulently or Controlled precursors and
a. That there be a public By entering into any contract transactions Articles or merchandise knowingly imported essential chemicals (CP/EC)
auction; or agreement or taking part in prejudicial to involved: contrary to law; – include those listed in
b. That the accused solicited any conspiracy or combination lawful commerce, 1. Gold, Tables I and II of the 1988 UN
any gift or a promise from in the form of a trust or or 2. Silver, 2. That the defendant Convention Against Illicit
any of the bidders; otherwise, in restraint of trade 3. Other precious metals, or if he is not the Traffic in Narcotic Drugs and
c. That such gift or promise or commerce or to prevent by (2) to increase the 4. Their alloys. importer himself, Psychotropic Substances
was the consideration for artificial means free market price of must have
his refraining from taking competition in the market. any merchandise Elements: received, Dangerous Drugs (DD) –
part in that public auction. or object of 1. That the offender imports, concealed, bought, include those listed in the
d. That the accused had the 2. Monopoly to restrain free commerce sells or disposes any of sold or in any Schedules annexed to the
intent to cause the competition in market. manufactured, those articles; manner facilitated 1961 Single Convention on
reduction of the price of the produced, the transportation, Narcotic Drugs, as amended
thing auctioned. By monopolizing any processed, 2. That the stamps, brands or concealment, or by the 1972 Protocol, and in
merchandise or object of trade assembled or marks of those articles or sale of the the Schedules annexed to the
2. Attempting to cause bidders to or commerce, or by combining imported into the merchandise fail to indicate merchandise and 1971 Single Convention on
stay away from an auction by with any other person or Philippines. the actual fineness or quality that he must be Psychotropic Substances
threats, gifts, promises or any persons to monopolize said of said metal or alloy; shown to have
artifice. merchandise or object in order knowledge that the Notwithstanding the
to alter the prices thereof by 3. That the offender knows that merchandise had provisions of the law to the
a. That there be a public spreading false rumors or the stamps, brands, or been illegally contrary, a positive finding for
auction; making use of any other marks fail to indicate the imported. the use of dangerous drugs
b. That the accused artifice to restrain free actual fineness or quality of shall be a QUALIFYING
attempted to cause the competition in the market. said metal or alloy. AGGRAVATING
buyers to stay away from CIRCUMSTANCE in the
that public auction; 3. Making transactions commission of a crime by an
c. That it was done by prejudicial to lawful offender, and the applicable
threats, gifts, promises or commerce or to increase the penalty provided for in the
any other artifice. market price of merchandise. RPC shall be applicable. (Sec.
d. That the accused had the 25)
intent to cause the The person liable is the:
reduction of the price of the a. Manufacturer,
thing. b. Producer,
c. Processor, or
d. Importer of any
merchandise or object of
commerce. RICARDO M. RIBO JR.
 TITLE SIX: CRIMES AGAINST PUBLIC MORALS

(CHAPTER ONE REPEALED) CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

ARTICLE 200 GRAVE ARTICLE 201. IMMORAL ARTICLE 202 VAGRANTS AND Prostitutes – women who, for
SCANDAL DOCTRINES, OBSCENE PROSTITUTES money or profit habitually
PUBLICATIONS AND indulge in sexual intercourse
1. That the offender performs EXHIBITIONS, AND INDECENT Persons Liable: or lascivious conduct.
an act or acts. SHOWS 1. Any person having no apparent
means of subsistence, who has Dissolutes- lax, unrestrained,
2. That such act or acts be Persons Liable: the physical ability to work and immoral Ruffians- violent or
highly scandalous as 1. Those who shall publicly expound who neglects to apply himself to lawless individuals
offending against decency or or proclaim doctrines openly and some lawful calling; (Mendicant)
good customs. contrary to public morals. Persons Liable under PD 1563
3. That the highly scandalous 2. Any person found loitering about or the Mendicancy Law:
conduct is not expressly 2. The authors of obscene literature, public or semipublic buildings or · Mendicant himself
falling within any article of published with their knowledge in places or tramping or wondering · Any person who abets
this Code. any form; the editors publishing about the country or the streets mendicancy by
such literature; and the owners, without visible means of support; giving alms directly to
4. That the act or acts operating the establishment or mendicants, exploited
complained of be committed selling the same. 3. Any person who, not being infants, and minors on public
in a public place or within the included in the provisions of other roads, sidewalks, parks and
public knowledge or view. 3. Those who, in theaters, fairs, articles of this Code, shall be bridges.
cinematographs or any other place, found loitering in any inhabited or
exhibit indecent or immoral shows uninhabited place belonging to
which are proscribed or are another without any lawful or
contrary to morals, good customs, justifiable purpose.
established policies, lawful orders,
decrees and edicts 4. Prostitutes

4. Those who shall sell, give away or

exhibit films, prints, engravings,
sculpture or literature which are
offensive to morals

The Test of Obscenity

The test is whether the tendency of
the matter charged as obscene, is to
corrupt those whose minds are open
to such immoral influences, and into
whose hands such a publication may
fall and also whether or not such
publication or act shocks the ordinary
and common sense of men as an
indecency.
 TITLE SEVEN: CRIMES COMITTED BY A PUBLIC OFFICER

CHAPTER ONE: CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE

PRELIMINARY PROVISIONS
ARTICLE 203. WHO ARE SECTION ONE: DERELICTION OF DUTY
PUBLIC OFFICERS
Misfeasance – improper ARTICLE 205. JUDGMENT ARTICLE 207 MALICIOUS ARTICLE 208. PROSE- ARTICLE 209
Requisites: performance of some act RENDERED THROUGH DELAY IN THE CUTION OF OFFENSES; BETRAYAL OF TRUST
To be a public officer one must which might lawfully be NEGLIGENCE ADMINISTRATION OF NEGLIGENCE AND BY AN ATTORNEY OR
be – done JUSTICE TOLERANCE SOLI-CITOR —
1. That the offender is a REVELATION OF
1. Taking part in the Malfeasance – the judge; 1. That the offender is a judge; Acts punished: SECRETS
performance of public performance of some act 1. By maliciously refraining
functions in the which ought not to be 2. That he renders a 2. That there is a proceeding in from Acts punished:
instituting
government, or performing done judgment in a case court. prosecution against
1. Causing damage to his
in said Government or in submitted to him for violators of the law; client, either:
any of its branches public Nonfeasance – omission decision; 3. That he delays the
duties as an employee, of some act which ought administration of justice; 2. By maliciously tolerating a. By any malicious
agent or subordinate to be performed 3. That the judgment is the commission of a breach of
official, of any rank or class; manifestly unjust; 4. That the delay is malicious, crime. professional duty; or
and ARTICLE 204 that is, the delay is caused b. Inexcusable
KNOWINGLY 4. That it is due to his by the judge with deliberate Elements: negligence or
2. That his authority to take RENDERING UNJUST inexcusable negligence intent to inflict damage on ignorance
part in the performance of JUDGMENT or ignorance. either party in the case. 1. That the offender is a
public functions or to public officer who has a 2. Revealing any of the
perform public duties must 1. That the offender is a duty to cause the secrets of his client
be – judge; prosecution of, or to learned by him in his
prosecute offenses; professional capacity
a. By direct provision of the 2. That he renders a
law, or judgment in a case ARTICLE 206 UNJUST Who Can Be Offenders in 2. That knowing the 3. Undertaking the
b. By popular election, or submitted to him for INTERLOCUTORY ORDER Art. 208? commission of the crime, defense of the
c. By appointment by decision; he does not cause the opposing party in the
competent authority 1. Public officer prosecution of the criminal same case without the
3. That the judgment is 1. That the offender is a Officers of the prosecution or knowing that a crime is consent of his first
unjust; judge; department, whose duty is to about to be committed he client after having
institute criminal proceedings tolerates its commission; undertaken the
4. That the judge knows 2. That he performs any of upon being informed and defense of said first
that his judgment is the following acts: client or after having
unjust. a. Knowingly renders 2. Officer of the law 3. That the offender acts with received confidential
unjust interlocutory By reason of position held by malice and deliberate information from said
order or decree, or them are duty-bound to cause intent to favor the violator client
prosecution and punishment of of the law.
b. Renders a manifestly offenders.
unjust interlocutory
order or decree through
inexcusable negligence
or ignorance.
 SECTION TWO: BRIBERY CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

ARTICLE 210. DIRECT BRIBERY ARTICLE 211 INDIRECT ARTICLE 213 Elements of frauds Elements of illegal exactions ARTICLE 216
BRIBERY FRAUD AGAINST THE against public treasury (Pars. 2-4): POSSES-SION OF
Acts Punished TREASURY AND (Par. 1): PROHIBITED
1. By agreeing to perform, or by 1. That the offender is a SIMILAR OF OFFENSES 1. The offender is a public INTEREST BY A
performing in consideration of any public officer; 1. That the offender be a officer entrusted with the PUBLIC OFFICER
offer, promise, gift or present, an Acts Punished public officer; collection of taxes, licenses,
act constituting a crime, in 2. That he accepts gifts; 1. By entering into an fees and other imposts; Persons liable:
connection with the performance of agreement with any 2. That he should have 1. Public officer who,
official duties. 3. That the said gifts are interested party or taken advantage of his 2. He is guilty of any of the directly or indirectly,
offered to him by reason speculator or making use office, that is, he following acts or omissions: became interested in
2. By accepting a gift in consideration of his office. of any other scheme, to intervened in the any contract or
of the execution of an act which defraud the Government, in transaction in his a. Demanding, directly or business in which it
does not constitute a crime, in ARTICLE 211-A dealing with any person official capacity; indirectly, the payment of was his official duty to
connection with the performance of QUALIFIED BRIBERY with regard to furnishing sums different from or intervene.
his official duty. supplies, the making of 3. That he entered into an larger than those
1. Public officer entrusted contracts, or the agreement with any authorized by law; or 2. Experts, arbitrators,
3. By agreeing to refrain, or by with law enforcement adjustment or settlement of interested party or and private
refraining, from doing something 2. Offender refrains from accounts relating to public speculator or madeuse b. Failing voluntarily to issue a accountants who, in
which it is his official duty to do, in arresting or prosecuting property or funds of any other scheme receipt, as provided by law, like manner, took part
consideration of a gift or promise. an offender who has with regard to for any sum of money in any contract or
committed a crime 2. By demanding, directly or a. Furnishing supplies collected by him officially; transaction connected
Elements of direct bribery: punishable by reclusion indirectly, the payment of b. The making of or with the estate or
1. That the offender be a public perpetua and/or death sums different from or contracts, or property in the
officer; 3. Offender refrains in larger than those c. The adjustment or c. Collecting or receiving, appraisal, distribution
consideration of any authorized by law, in the settlement of directly or indirectly, by way or adjudication of
2. That the offender accepts an offer promise, gift or present collection of taxes, accounts relating to of payment or otherwise, which they had acted.
or a promise or receives a gift or licenses, fees, and other public property or things or objects of a
present by himself or through imposts funds; nature different from that 3. Guardians and
another; ARTICLE 212 COR- provided by law. executors with respect
RUPTION OF PUBLIC 3. By failing voluntarily to 4. That the accused had to the property
3. That such offer or promise be OFFICIALS issue a receipt, as provided intent to defraud the belonging to their
accepted, or gift or present by law, for any sum of Government wards or the estate.
received by the public officer – 1. That the offender makes, money collected by him ARTICLE 214 OTHER
a. With a view to committing some offers or promises or officially, in the collection of FRAUDS
crime; or gives gifts or presents to taxes, licenses, fees and
b. In consideration of the execution a public officer; and other imposts 1. That the offender is a public
of an act which does not officer;
constitute a crime, but the act 2. That the offers or 4. By collecting or receiving,
must be unjust; or promises are made or directly or indirectly, by 2. That he takes advantage of
c. To refrain from doing something the gifts or presents way of payment or his official position;
which it is his official duty to do; given to a public officer, otherwise, things or objects
under circumstances of a nature different from 3. That he commits any of the
4. That the act which the offender that will make the public that provided by law, in the frauds or deceits enumerated
agrees to perform or which he officer liable for direct collection of taxes, in Arts. 315 to 318 (estafa,
executes be connected with the bribery or indirect licenses, fees and other other forms of swindling,
performance of his official duties. bribery. imposts swindling a minor, and other
deceits).
 CHAPTER FOUR: MALVERSATION OF PUBLICFUNDS OR PROPERTY
ARTICLE 217. MALVER- ARTICLE 218 FAILURE OF ARTICLE 219. FAILURE ARTICLE 220. ILLEGAL ARTICLE 221. FAILURE TO ARTICLE 222.
SATION OF PUBLIC FUNDS ACCOUNTABLE OFFICER OF RESPONSIBLE USE OF PUBLIC FUNDS MAKE DELIVERY OF PUBLIC OFFICERS
OR PROPERTY: PRESUMP- TO RENDER ACCOUNTS PUBLIC OR PROPERTY FUNDS OR PROPERTY INCLUDED IN THE
TION OF MALVERSATION OFFICER TO RENDER (Technical Malversation) PRECEDING
1. That the offender is a ACCOUNTS BEFORE Acts Punished PROVISIONS
Acts punished: public officer, whether in LEAVING THE COUNTRY 1. That the offender is a
1. By appropriating public the service or separated public officer; 1. By failing to make payment by Private individuals
funds or property. therefrom. 1. That the offender is a a public officer who is under who may be liable
public officer; 2. That there is a public fund obligation to make such under Art. 217-221:
2. By taking or 2. That he must be an or property under his payment from Government
misappropriating the same. accountable officer for 2. That he must be an administration; funds in his possession. 1. Private individuals
public funds or property. accountable officer for who, in any capacity
3. By consenting, or through public funds or property; 3. That such public fund or Elements: whatsoever, have
abandonment or negligence, 3. That he is required by law property has been a. Public officer has charge of any
permitting any other person or regulation to render 3. That he must have appropriated by law or government funds in his national, provincial
to take such public funds or accounts to the unlawfully left (or be on ordinance; possession. or municipal funds,
property. Commission on Audit, or to the point of leaving) the revenue or property
a provincial auditor. Philippines without 4. That he applies the same b. He is under obligation to
4. By being otherwise guilty of securing from the to a public use other than make payment from such 2. Administrator,
the misappropriation or 4. That he fails to do so for a Commission on Audit a that for which such funds funds. deposi-tory of funds
malversation of such funds period of two months after certificate showing that or property has been or property attached,
or property. such accounts should be his accounts have been appropriated by law or c. He fails to make the seized, or deposited
rendered. finally settled. ordinance. payment, maliciously. by public authority
Common elements: even if such
1. That the offender be a public property belongs to
officer. Malversation of Public 2. By refusing to make delivery a private individual
Funds by Private by a public officer who has (example: sheriffs
2. That he had custody or Individual: been ordered by competent and receivers)
control of funds or property 1. When a private person authority to deliver any
by reason of the duties of his conspired with a public property in his custody or
office officer to commit under his administration
malversation.
3. That those funds or property
were public funds or 2. When he is an
property for which he was accomplice or accessory.
accountable
3. Where a private person
4. That he appropriated, took, was constituted a
misappropriated or custodian in whatever
consented, or through capacity even without a
abandonment or negligence, public officer involved
permitted another person to and he misappropriated
take them. the same.
 CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS
SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND MALTREATMENT OF PRISONERS
ARTICLE 223. CONNIVING ARTICLE 224. EVASION ARTICLE 226 REMOVAL, ARTICLE 227 OFFICER ARTICLE 229 REVELATION ARTICLE 230.
WITH OR CONSENTING TO THROUGH NEGLIGENCE CONCEALMENT, OR BREAKING SEAL OF SECRETS BY AN PUBLIC OFFICER
EVASION DESTRUCTION OF OFFICER REVEALING
1. That the offender is a public DOCUMENTS (Infidelity 1. That the offender is a public SECRETS OF
1. That the offender is a public officer; in the Custody of officer; Acts punished: PRIVATE
officer; Documents) 1. By revealing any secret INDIVIDUAL
2. That he is charged with the 2. That he is charged with the known to the offending
2. That he had in his custody conveyance or custody of a 1. That the offender be a custody of papers or public officer by reason of 1. That the offender is
or charge, a prisoner, either prisoner, either detention public officer; property; his official capacity. a public officer;
detention prisoner or prisoner or prisoner by final
prisoner by final judgment; judgment; 2. That he removes, 3. That these papers or 2. By delivering wrongfully 2. That he knows of
conceals or destroys property are sealed by papers or copies of papers the secrets of a
3. That such prisoner escaped 3. That such prisoner escapes documents or papers; proper authority; of which he may have private individual
from his custody; through his negligence. charge and which should not by reason of his
3. That the said documents 4. That he breaks the seals or be published. office;
4. That he was in connivance or papers should have permits them to be broken.
with the prisoner in the been entrusted to such Elements of No. 1: 3. That he reveals
latter’s escape. public officer by reason such secrets
of his office; 1. That the offender is a public without authority or
Classes of prisoner officer; justifiable reason.
involved: 4. That damage, whether 2. That he knows of the secret
ARTICLE 225. ESCAPE OF serious or not, to a third ARTICLE 228. OPENING OF by reason of his official
1. If the fugitive has been PRISONER UNDER THE party or to the public CLOSED DOCUMENTS capacity;
sentenced by final judgment CUSTODY OF A PERSON interest should have 3. That he reveals such secret
to any penalty. NOT A PUBLIC OFFICER been caused. 1. That the offender is a public without authority or
officer. justifiable reasons;
2. If the fugitive is held only as 1. That the offender is a 4. That damage, great or small,
detention prisoner for any private person; 2. That any closed papers, be caused to public interest.
crime or violation of law or documents, or objects are
municipal ordinance. 2. That the conveyance or entrusted to his custody. Elements of No. 2:
custody of a prisoner or
person under arrest is 3. That he opens or permits to 1. That the offender is a public
confided to him; be opened said closed officer;
papers, documents, or 2. That he has charge of
3. That the prisoner or person objects. papers;
under arrest escapes; 3. That those papers should
4. That he does not have the not be published;
4. That the offender consents proper authority. 4. That he delivers those
to the escape of the prisoner papers or copies thereof to a
or person under arrest, or that third person;
the escape takes place 5. That the delivery is wrongful;
through his negligence. and
6. That damage be caused to
public interest
RICARDO M. RIBO JR.
 CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE AND MALTREATMENT OF PRISONERS SECTION TWO: ANTICIPATION, PROLONGATION AND
ABANDONMENT OF THE DUTIES AND POWERS OF
ARTICLE 231 OPEN ARTICLE 232. ARTICLE 233 REFUSAL OF ARTICLE 235. PUBLIC OFFICE .
DISOBEDIENCE DISOBEDIENCE TO ASSISTANCE MALTREATMENT OF
ORDER OF SUPERIOR PRISONERS
1. That the offender is a OFFICER WHEN SAID 1. That the offender is a public ARTICLE 236.ANTICIPATION ARTICLE 238
judicial or executive ORDER WAS SUSPENDED officer. 1. That the offender is a public OF DUTIES OF A PUBLIC ABANDONMENT OF
officer; BY INFERIOR OFFICER officer or employee; OFFICE OFFICE
2. That a competent authority
2. That there is a 1. That the offender is a demands from the offender 2. That he has under his 1. That the offender is entitled 1. That the offender is a
judgment, decision or public officer; that he lends his charge a prisoner convicted to hold a public office or public officer;
order of a superior cooperation towards the by final judgment or a employment, either by
authority; 2. That an order is issued administration of justice or detention prisoner; election or appointment; 2. That he formally
by his superior for other public service. resigns from his
3. That such judgment, execution; 3. That he maltreats such 2. That the law requires that position; · There must
decision or order was 3. That the offender fails to do prisoner in either of the he should first be sworn in be written or formal
made within the scope 3. That he has for any so maliciously. following manners: and/or should first give a resignation
of the jurisdiction of the reason suspended the bond;
superior authority and execution of such order; a. By overdoing himself in 3. That his resignation
issued with all legal the correction handling of 3. That he assumes the has not yet been
formalities; 4. That his superior a prisoner or detention performance of the duties accepted;
disapproves the prisoner under his charge and powers of such office;
4. That the offender suspension of the either: 4. That he abandons his
without any legal execution of the order; 4. That he has not taken his office to the detriment
justification openly i. by the imposition of oath of office and/or given of the public service.
refuses to execute said 5. That the offender punishments not the bond required by law.
judgment, decision or disobeys his superior authorized by the Qualifying
order, which he is duty despite the disapproval of ARTICLE 234. REFUSAL TO regulations, or circumstance – when
bound to obey the suspension. DISCHARGE ELECTIVE ARTICLE 237. PROLONGING the abandonment of the
OFFICE ii. by inflicting such PERFORMANCE OF DUTIES office has for its purpose
punishments (those AND POWERS to evade the discharge of
1. That the offender is elected authorized) in a cruel the duties of preventing,
by popular election to a and humiliating 1. That the offender is holding prosecuting or punishing
public office; manner; or a public office; any of the crimes falling
within Title 1 and
2. That he refuses to be sworn b. By maltreating such 2. That the period provided by Chapter 1 Title 3 of Book
in or to discharge the duties prisoner to extort a law, regulations or special 2 of this Code
of said office; and confession or to obtain provisions for holding such
some information from office, has already expired;
3. That there is no legal motive the prisoner.
for such refusal to be sworn 3. That he continues to
in or to discharge the duties exercise the duties and
of said office. powers of such office.
 SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT SECTION FOUR: ABUSES AGAINST CHASTITY
ARTICLE 239. ARTICLE 241. USUR- ARTICLE 243. ORDERS ARTICLE 245. ABUSES
USURPATION OF PATION OF JUDICIAL OR REQUESTS BY AGAINST CHASTITY –
LEGISLATIVE POWER FUNCTIONS EXECUTIVE OFFICERS TO PENALTIES
ANY JUDICIAL
1. That the offender is an 1. That the offender is an AUTHORITY Ways of committing Elements:
executive or judicial officer of the executive abuses against chastity: 1. That the offender is a
officer; branch of the Government; 1. That the offender is an public officer;
executive officer; 1. By soliciting or making
2. That he: 2. That he: immoral or indecent 2. That he solicits or makes
a. Makes general rules or a. Assumes judicial powers; 2. That he addresses any advances to a woman immoral or indecent
regulations beyond the or order or suggestion to any interested in the matters advances to a woman;
scope of his authority b. Obstructs the execution judicial authority; pending before the
or of any order or decision offending officer for 3. That such woman must
b. b. Attempts to repeal a rendered by any judge 3. That the order or decision, or with respect to be:
law or within his jurisdiction. suggestion relates to any which he is required to
c. Suspends the case or business coming submit a report to or a. Interested in matters
execution thereof. within the exclusive consult with a superior pending before the
jurisdiction of the courts of officer. offender for decision, or
justice with respect to which he
2. By soliciting or making is required to submit a
ARTICLE 240. ARTICLE 242. DIS- ARTICLE 244 UNLAWFUL immoral or indecent report to or consult with a
USURPATION OF OBEYING REQUEST FOR APPOINTMENTS advances to a woman superior officer; or
EXECUTIVE FUNCTIONS DISQUALIFICATION under the offender’s
1. That the offender is a custody. b. Under the custody of the
1. That the offender is a 1. That the offender is a public officer; offender who is a warden
judge; public officer; 3. By soliciting or making or other public officer
2. That he nominates or immoral or indecent directly charged with the
2. That he: 2. That a proceeding is appoints a person to a advances to the wife, care and custody of
a. Assumes a power pending before such public office; daughter, sister or relative prisoners or persons
pertaining to the public officer; within the same degree by under arrest; or
executive authorities; or 3. That such person lacks affinity of any person in
b. Obstructs the executive 3. That there is a question the legal qualifications the custody of the c. The wife, daughter, sister
authorities in the lawful brought before the proper therefor; offending warden or or relative within the
exercise of their powers authority regarding his officer. same degree by affinity of
jurisdiction, which is not 4. That the offender knows the person in the custody
yet decided; that his nominee or of the offender.
appointee lacks the
4. That he has been lawfully qualification at the time he
required to refrain from made the nomination or
continuing the proceeding; appointment.

5. That he continues the

proceeding.

ARTICLE 246. PARRICIDE
1. That a person is killed;
2. That the deceased is killed by
the accused; and
3. That the deceased is the
father, mother, or child,
whether legitimate or
illegitimate, or a legitimate
other ascendant or other
descendant, or the legitimate
spouse, of the accused.
Cases of parricide when the
penalty shall NOT be reclusion
perpetua to death:
 Parricide through negligence
(Art. 365).
 Parricide by mistake (Art. 249).
 Parricide under exceptional
circumstances (Art. 247).
 The child should not be less
than 3 days old; otherwise the
crime is infanticide (Art. 255)
TITLE EIGHT: CRIMES AGAINST PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE
ARTICLE 247. ARTICLE 248. MURDER Elements: ARTICLE 249. HOMICIDE
DEATH OR PHYSICAL
INJURIES INFLICTED Murder – unlawful killing of any 1. That a person was killed; Elements:
UNDER EXCEPTIONAL person which is not parricide or
CIRCUMSTANCES infanticide, provided that any 2. That the accused killed him; 1. That a person was killed;
of the following circumstances is
1. That a legally married present: 3. That the killing was attended 2. That the accused killed him
person or a parent surprises by any of the qualifying without any justifying
his spouse or his daughter, 1. With treachery, taking circumstances mentioned in circumstance;
the latter under 18 years of advantage of superior Art. 248; and
age and living with him, in strength, with the aid of armed 3. That the accused had the
the act of committing sexual men, or employs means to 4. That the killing is not parricide intention to kill, which is
intercourse with another weaken the defense, or of or infanticide. presumed; and
person; means or persons to insure or
afford impunity; Rules for the application of the 4. That the killing was not
2. That he or she kills any or circumstances which qualify attended by any of the
both of them, or inflicts upon 2. In consideration of a price, the killing to murder: qualifying circumstances of
any or both of them any reward or promise; murder, or by that of
serious physical injury, in the 1. That murder will exist with only parricide or infanticide.
act or immediately 3. By means of inundation, fire, one of the circumstances
thereafter; and poison, shipwreck, stranding of described in Art. 248.
a vessel, derailment or assault
3. That he has not promoted or upon a railroad, fall of an 2. Where there are more than
facilitated the prostitution of airship, by means of motor one qualifying circumstance
his wife or daughter, or that vehicles, or with the use of any present, only one will qualify
he or she has not consented other means involving great the killing, with the rest to be
to the infidelity of others. waste and ruin; considered as generic
aggravating circumstances.
4. On occasion of any calamities
enumerated in the preceding 3. That when the other
paragraph, or of an circumstances are absorbed or
earthquake, eruption of a included in one qualifying
volcano, destructive cyclone, circumstance, they cannot be
epidemic, or any other public considered as generic
calamity; aggravating.
5. With evident premeditation; or 4. That any of the qualifying
circumstances enumerated in
6. With cruelty, by deliberately Art. 248 must be alleged in the
and Inhumanly augmenting the information.
suffering of the victim, or
outraging or scoffing at his
person or corpse. (As
amended by RA No. 7659)
 SECTION ONE: PARRICIDE, MURDER, HOMICIDE SECTION TWO: INFANTICIDE AND ABORTION
ARTICLE 250. ARTICLE 251. DEATH ARTICLE 252. PHYSICAL ARTICLE 254 ARTICLE 255 ARTICLE 256
PENALTY FOR CAUSED IN A INJURIES INFLICTED IN A DISCHARGE OF INFANTICIDE INTENTIONAL ABORTION
FRUSTRATED TUMULTUOUS AFFRAY TUMULTUOUS AFFRAY FIREARMS
PARRICIDE, MURDER, Elements: Ways of Committing Intentional
OR HOMICIDE 1. That there be several 1. That there is a tumultuous 1. That the offender Abortion:
 Courts may impose a persons; affray as referred to in Art. discharges a 1. That a child was killed;
penalty two degrees 251; firearm against or 1. By using any violence upon the
lower for frustrated 2. That they did not compose at another person; 2. That the deceased child person of the pregnant woman;
parricide, murder or groups organized for the 2. That a participant or some and was less than three days
homicide. common purpose of participants thereof suffer (72 hours) of age; and 2. By acting, without using
 Courts may impose a assaulting and attacking serious physical injuries or 2. That the offender violence and without the
penalty three degrees each other reciprocally, physical injuries of a less has no intention to 3. That the accused killed consent of the woman (by
lower for attempted otherwise, they may be held serious nature only; kill that person. the said child. administering drugs or
parricide, murder or liable as co-conspirators; beverages upon such pregnant
homicide. 3. That the person woman without her consent;
 This provision is 3. That these several persons responsible therefor and
permissive NOT quarreled and assaulted cannot be identified; and
MANDATORY. one another in a confused 3. By acting, with the consent of
and tumultuous manner; 4. That all those who appear the pregnant woman, by
to have used violence administering drugs or
4. That someone was killed in upon the person of the Person liable in beverages.
the course of the affray; offended party are known. Intentional Abortion:

5. That it cannot be 1. The person who Elements:

ascertained who actually
killed the deceased; and
6. That the person or persons
who inflicted serious
physical injuries or who
used violence can be
identified.
Persons liable:
1. The person or persons who
inflicted the serious physical
injuries are liable.
2. If it is not known who
inflicted the serious physical
injuries on the deceased –
ALL the persons who used
violence upon the person of
the victim are liable, but
with lesser liability.
intentionally caused the 1. That there is a pregnant
abortion under Art. 256; woman;
ARTICLE 253. GIVING 2. The pregnant woman if
ASSISTANCE TO SUICIDE she consented under 2. That violence is exerted, or
Art. 258. drugs or beverages
Acts punished: administered, or that the
1. By assisting another to accused otherwise acts upon
commit suicide, whether such pregnant woman;
the suicide is
consummated or not; 3. That as a result of the use of
violence or drugs or beverages
2. By lending his assistance upon her, or any other act of the
to another to commit accused, the fetus dies, either in
suicide to the extent of the womb or after having been
doing the killing himself. expelled therefrom; and
4. That the abortion is intended.
 SECTION TWO: INFANTICIDE AND ABORTION SECTION THREE: DUEL

ARTICLE 257. UNINTEN- ARTICLE 258. ABORTION ARTICLE 259. ARTICLE 260. ARTICLE 261
TIONAL ABORTION PRACTICED BY THE WOMAN ABORTION PRACTICED BY A RESPONSIBILITY OF CHALLENGING TO A DUEL
HERSELF OR HER PARENTS PHYSICIAN OR MIDWIFE IN PARTICIPANTS IN A DUEL
1. That there is a pregnant DISPENSING OF ABORTIVES Acts Punished
woman; 1. That there is a pregnant Acts punished: 1. By challenging another to
woman who has suffered an Elements: a duel;
2. That violence is used upon abortion; 1. By killing one’s adversary
such pregnant woman 1. That there is a pregnant in a duel; 2. By inciting another to give
without intending an 2. That the abortion is intended; woman who has suffered an or accept a challenge to a
abortion; and abortion; 2. By inflicting upon such duel; and
adversary physical injuries;
3. That the violence is 3. That the abortion is caused by 2. That the abortion is intended; and 3. By scoffing or decrying
intentionally exerted; and – another publicly for having
a. The pregnant woman 3. That the offender, who must be 3. By making a combat refused to accept a
4. That as a result of the herself; a physician or midwife, causes, although no physical challenge to fight a duel.
violence, the fetus dies, b. Any other person, with her or assists in causing the injuries have been inflicted.
either in the womb or after consent; or abortion; and Persons liable:
having been expelled c. Any of her parents, with her Persons liable: 1. Challenger
therefrom. consent, for the purpose of 4. That said physician or midwife 2. Instigators
concealing her dishonor. takes advantage of his or her 1. The person who killed or
scientific knowledge or skill. inflicted physical injuries
upon his adversary or both
As to PHARMACISTS, the combatants in any other
ELEMENTS are: case, as principals.

1. That the offender is a 2. The seconds, as

pharmacist; accomplices.

2. That there is no proper

prescription from a physician;
and

3. That the offender dispenses

any abortive.

RICARDO M. RIBO JR.

 CHAPTER TWO: PHYSICAL INJURIES ARTICLE 266 SLIGHT Persons liable:
PHYSICAL INJURIES AND 1. Officers and members of the
ARTICLE 262 ARTICLE 263. SERIOUS 4. When the injured person ARTICLE 265 MALTREATMENT fraternity, sorority or organization who
MUTILATION PHYSICAL INJURIES becomes ill or LESS SERIOUS PHYSICAL Kinds: actually participated in the infliction of
Two kinds: incapacitated for labor for INJURIES 1. Physical injuries which physical harm shall be liable .as
How committed: more than 30 days (but incapacitated the offended principals – if the person subjected to
1. By intentionally 1. By wounding; must not be more than 90 1. The offended party is party from one to nine hazing suffers any physical injury or
mutilating another by 2. By beating; days), as a result of the incapacitated for labor for 10 days, or required medical dies as a result thereof.
depriving him, either 3. By assaulting; or physical injuries inflicted. days or more but not more attendance during the
totally or partially, of 4. By administering injurious than 30 days, or needs same period; 2. Owner of the place where the hazing
some essential organ substance. Requisites of deformity: attendance for the same is conducted shall be liable as an
for reproduction period; and 2. Physical injuries which did accomplice – when he has actual
(castration). Serious physical injuries 1. Physical ugliness; 2. The physical injuries must not prevent the offended knowledge of the hazing conducted
1. When the injured person 2. Permanent and definite not be those described in the party from engaging in his therein but failed to take any action to
Elements: becomes insane, imbecile, abnormality; and preceding articles. habitual work or which did prevent the same from occurring.
impotent or blind in 3. Must be conspicuous and not require medical
a. That there be consequence of the visible. Qualified Less Serious attendance; and 3. Parents shall be liable as principals –
castration, that is, physical injuries inflicted; Physical Injuries: when they have actual knowledge of the
mutilation of organs Qualifying Circumstances: hazing conducted in the home of one of
3. Ill-treatment of another by
necessary for 2. When the injured person – 1. A fine not exceeding P500, deed without causing any the officers or members of the fraternity,
generation, such as a. Loses the use of speech 1. Offense committed against in addition to arresto mayor, sorority or organization, but failed to
injury.
penis or ovarium; and or the power to hear or to persons enumerated in the shall be imposed for less prevent the same.
smell, or loses an eye, a crime of parricide. serious physical injuries
b. That the mutilation is hand, a foot, an arm, or a 2. With the attendance of when: 4. School authorities and faculty
ANTI-HAZING LAW (R.A.
caused purposely and leg; circumstance which qualify a. There is manifest intent members shall be liable as accomplices
No. 8049)
deliberately, that is, to b. Loses the use of any such the crime to murder. to insult or offend the - when they consent to the hazing or
deprive the offended member; or injured person; or have actual knowledge thereof, but
party of some Hazing – is an initiation rite
c. Becomes incapacitated b. There are circumstances failed to take any action to prevent the
essential organ for or practice as a prerequisite
for the work in which he ARTICLE 264 adding ignominy to the same from occurring.
reproduction. for admission into
was therefore habitually ADMINISTERING offense.
membership in a fraternity,
engaged, in consequence INJURIOUS SUBSTANCE 5. Officers, former officers or alumni of
2. By intentionally sorority or organization by
of the physical injuries OR BEVERAGES 2. A higher penalty is imposed the organization, group, fraternity or
making other placing the recruit, neophyte
inflicted. when the victim is either: sorority shall be liable as principals - if
or applicant in some
mutilation, that is, by 1. That the offender inflicted a. The offender’s parent, they actually planned the hazing,
lopping or clipping off embarrassing or humiliating
3. When the person injured - upon another any serious ascendant, guardian, although not present when the acts
any part of the body situations such as forcing
a. Becomes deformed, or physical injury; curator or teacher; or constituting the hazing were committed.
of the offended party, him to do menial, silly,
b. Loses any other member b. Persons of rank or
other than the foolish, and similar activities
of his body, or 2. That it was done by persons in authority, 6. Officers or members of the
essential organ for or otherwise subjecting him
c. Loses the use thereof, or knowingly administering to provided the crime is not organization, group, fraternity or sorority
reproduction, to to physical or psychological
d. Becomes ill or him any injurious substances direct assault. shall be liable as principals - if they
deprive him of that suffering or injury.
incapacitated for the or beverages or by taking knowingly cooperated in carrying out
part of the body acts are punishable: All acts
performance of the work advantage of his weakness The law includes 2 so long as it caused the hazing by inducing the victim to be
(mayhem). in which he was habitually of mind or credulity; and subdivisions, to wit:
physical injuries at the very present thereat.
engaged for more than 90 1. The inability for work; and 7. The fraternity or sorority’s adviser
least.
days, in consequence of 3. That he had no intent to kill. 2. The necessity for medical shall be liable as principal - if he was
the physical injuries attendance present when the acts constituting the
inflicted. hazing were committed and failed to
26 take any action to prevent the same.

ART. 266-A ANTI-RAPE How rape is committed:
LAW 1. By a man who shall have
carnal knowledge of a woman
Classification of Rape under any of the following
1. Traditional Rape under Art. circumstances:
335- carnal knowledge with a. Through force, threat or
a woman against her will; in intimidation;
this case, the offender is b. When the offended party is
always a man and the deprived of reason or
offended party is always a otherwise unconscious;
woman. c. By means of fraudulent
machinations or grave
2. Sexual Assault under R.A. abuse of authority;
8353- this is committed d. When the offended party is
when the offender inserts under twelve (12) years of
his penis to another age or is demented, even
person’s mouth or anal though none of the
orifice or by inserting an circumstances mentioned
instrument or object into the above be present.
genital or anal orifice of
another person. The
offender and theoffender Elements:
can either be a man or a a. That the offender is a man;
woman in the case of the
insertion of any instrument b. That the offender had carnal
or object. knowledge of a woman;
c. That such act is accomplished
under any of the following
circumstances:
i. By using force
intimidation, or
ii. When the woman is deprived
of reason or otherwise
unconscious, or
iii. By means of fraudulent
machination or grave abuse
of authority, or
iv. When the woman is under 12
years of age or demented.
CHAPTER THREE: RAPE
2. By any person who, under any
of the circumstances mentioned
in paragraph 1 hereof, shall
commit an act of sexual assault
by inserting his penis into
another person’s mouth or anal
orifice of another person, or any
instrument or object, into the
genital or anal orifice of another
person.
Elements:
a. That the offender commits an
act of sexual assault;
b. That the act of sexual assault
is committed by any of the
following means:
i. By inserting his penis into
another person’s mouth or
anal orifice;
ii. By inserting any instrument
or object into the genital or
anal orifice of another
person
c. That the act of sexual assault
is accomplished under any of
the circumstances
or enumerated under the first act
of committing rape.
ARTICLE 266-B QUALIFIED
RAPE
Rape under both acts of
committing it is qualified by
the following:
Note: Rape is punishable by death if it
falls under any of 4-14 circumstances.
1. When rape is committed with
the use of a deadly weapon or
by two or more persons;
2. When by reason or occasion
of rape, the victim has
become insane;
3. When the rape is attempted
and a homicide is committed
by reason of or on the
occasion of rape (special
complex crime);
4. When by reason of or on
occasion of rape, homicide is
committed (special complex
crime)
5. When the victim is under 18
years of age and the offender
is a parent, ascendant, step-
parent, guardian, relative by
consanguinity or affinity within
the third civil degree, or the
common law spouse of the
parent of the victim;
6. When the victim is under the
custody of the police or
military authorities or any law
enforcement or penal
institution;
7. When the rape is committed in
full view of the spouse, parent,
or any of the children or other
relatives within the third civil
degree of consanguinity;
8. When the victim is a religious
engaged in legitimate
religious vocation or calling
and is personally known to
be such by the offender
before or at the time of the
commission of the crime;
9. When the victim is a child
below 7 years old;
10. When the offender knows
that he is afflicted with
HIV/AIDS or any other
sexually transmissible
disease and the virus or
disease is transmitted to the
victim;
11. When committed by any
member of the AFP or para-
military units thereof of the
PNP or any law enforcement
agency or penal institution,
when the offender took
advantage of his position to
facilitate the commission of
the crime;
12. When by reason or on the
occasion of the rape, the
victim has suffered
permanent physical
mutilation or disability;
13. When the offender knew of
the pregnancy of the
offended party at the time of
the commission of the crime;
14. When the offender knew of
the mental disability,
emotional disorder and/or
physical disability of the
offended party at the time of
the commission of the crime.
 TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

ARTICLE 266-C EFFECT OF SECTION ONE: ILLEGAL DETENTION SECTION TWO:

PARDON KIDNAPPING OF
ARTICLE 267 Qualifying circumstances: ARTICLE 268 ARTICLE 269 UNLAWFUL MINORS
Effects of pardon: KIDNAPPING AND Death Penalty is imposed SLIGHT ILLEGAL ARREST
SERIOUS ILLEGAL (KERT) DETENTION ARTICLE 270 FAILURE
1. The subsequent valid DETENTION a. If the purpose is to Elements: (PIKO) 1. That the offender TO RETURN A MINOR
marriage between the extort ransom 1. That the offender is a arrests or detains
offender and the offended Elements: (PICK) b. When the victim is killed private individual; another person
party shall extinguish: 1. That the offender is
1. That the offender is a or dies a consequence of 2. That he kidnaps or detains entrusted with the
private individual who the detention; another, or in any manner 2. That the purpose of the
a. The criminal action or custody of a minor
is not any of the c. When the victim is raped; deprives him of his liberty; offender is to deliver
b. The penalty already person (less than 18
parents of the victim or 3. That the act of kidnapping him to the proper
imposed. years old);
nor a female; d. When the victim is or detention is illegal; authorities
subjected to torture or 4. That the crime is
2. The subsequent 2. That he deliberately
2. That he kidnaps or dehumanizing act. committed without the 3. That the arrest or
forgiveness of the wife to fails to restore the said
detains another, or in attendance of the detention is minor to his parents or
the legal husband shall any other manner circumstances enumerated unauthorized by law or
extinguish the criminal guardian
deprives the latter of in Art. 267. there is no reasonable
action or the penalty, his liberty; ground therefor.
PROVIDED that the crime Liability is mitigated when
shall not be extinguished or ARTICLE 271
3. That the act of the following
the penalty shall not be INDUCING A MINOR TO
detention or kidnapping circumstances concur:
abated if the marriage is (VOB) ABANDON HIS HOME
must be illegal;
void ab initio.
(This is an exception to the rule that 1. That a minor (less than
forgiveness by the offended party shall not 4. That in the commission 1. Offender voluntarily
18 years old) is living
extinguish the penal action in crimes against of the offense, any Of releases the person so
person) in the home of his
the following kidnapped or detained
parents or guardian or
circumstances is within three days from the
the person entrusted
present: commencement of the
ARTICLE 266-D detention. with his custody;
PRESUMPTIONS a. That the kidnapping or
2. Without having attained 2. That the offender
detention lasts for
Evidence which may be the purpose intended; and induces said minor to
more than 3 days; or
accepted in the prosecution abandon such home
of rape: b. That it is by committed 3. Before the institution of
simulating public criminal proceedings
1. Any physical overt act authority; or against him.
manifesting resistance
against the act of rape in c. That any serious
any degree from the physical injuries are
offended party; or inflicted upon the
person kidnapped or
2. Where the offended party is detained or threats to
so situated as to render kill him are made; or
him/her incapable of giving
his/her consent d. That the person
kidnapped or detained

SECTION THREE: SLAVERY AND SERVITUDE
ARTICLE 272. SLAVERY
(PE)
1. That the offender
purchases, sells, kidnaps
or detains a human being;
2. That the purpose of the
offender is to enslave such
human being.
Qualifying circumstance:
When the purpose of the
offender is to assign the
offended party to some
immoral traffic.
ARTICLE 273
EXPLOITATION OF CHILD
LABOR
(RAR-age)
1. That the offender retains a
minor in his service;
2. That it is against the will of
the minor;
3. That it is under pretext of
reimbursing himself of a
debt incurred by an
ascendant, guardian or
person entrusted with the
custody of such minor.
ARTICLE 274. SECTION ONE: ABANDONMENT OF HELPLESS
SERVICES RENDERED PERSONS AND EXPLOITATION OF MINORS
UNDER COMPULSION ARTICLE 275.
IN PAYMENT ABANDONMENT OF
PERSONS IN DANGER AND
(CAP) ABANDONMENT OF ONE’S
OWN VICTIM
1. That the offender Acts punished:
compels a debtor to 1. By failing to render
work for him, either as assistance to any person
household servant or whom the offender finds in
farm laborer; an uninhabited place
wounded or in danger of
2. That it is against the dying when he can render
debtor’s will; such assistance without
detriment to himself,
3. That the purpose is to unless such omission shall
require or enforce the constitute a more serious
payment of a debt. offense.
Elements: (UWOF)
a. The place is uninhabited;
b. The accused found there
a person wounded or in
danger of dying;
c. The accused can render
assistance without
detriment to himself;
d. The accused fails to
render assistance.
2. By failing to help or render
assistance to another
whom the offender has
accidentally wounded or
injured.
3. By failing to deliver a child
under seven years of age
whom the offender has
found abandoned, to the
authorities or to his family,
or by failing to take him to
a safe place.
CHAPTER TWO: CRIMES AGAINST SECUIRTY
ARTICLE 276.
ABANDONING A MINOR
(SCAN)
1. That the offender has
the custody of a child;
2. That the child is under
seven years of age.
3. That he abandons such
child;
4. That he has no intent to
kill the child when the
latter is abandoned.
Circumstances
Qualifying the Offense:
(DD)
1. When the death of the
minor resulted from
such abandonment; or
2. If the life of the minor
was in danger
ARTICLE 279.
ADDITIONAL PENALTIES
FOR OTHER OFFENSES
(Imposition of the penalties
prescribed in the preceding
articles (Art 275-278) shall not
prevent the imposition upon
the same person of the
penalty provided for any other
felonies defined and punished
under the Code.)
SECTION TWO: TRESPASS TO DWELLING
ARTICLE 280. QUALIFIED TRESPASS TO
DWELLING
.
(PEA)
1. That the offender is a private person;
2. That he enters the dwelling of another;
3. That such entrance is against the latter’s will.
Qualifying Circumstance: If committed by means
of violence/intimidation.
Rule: Whoever enters the dwelling of another at
late hour of the night after the inmates have retired
and closed their doors does so against their will.
Prohibition in this case is presumed.
Cases to which the provision of this article is
NOT applicable:
1. If the entrance to another’s dwelling is made for
the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third
person.
2. If the purpose is to render some service to
humanity or justice.
3. If the place where entrance is made is a café,
tavern, inn and other public house, while the same
are open.
ARTICLE 281 OTHER FORMS OF TRESPASS
(CUMN)
1. That the offender enters the closed premises or
the fenced estate of another
2. That the entrance is made while either of them
is uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the
permission of the owner or the caretaker
thereof.

ARTICLE 282. GRAVE
THREATS
Acts punished:
1. By threatening another with
the infliction upon his
person, honor, or property or
that of his family of any
wrong amounting to a crime
and demanding money or
imposing any other condition
even though not unlawful,
and the offender attained his
purpose. (with condition)
2. By making such threat
without the offender
attaining his purpose. (with
condition; elements for this
act are the same with the
first except that the purpose
is not attained.)
3. By threatening another with
the infliction upon his
person, honor or property or
that of his family of any
wrong amounting to a crime,
the threat not being subject
to a condition. (without
condition)
RICARDO M. RIBO JR.
SECTION THREE: THREATS AND COERCION
Qualifying Circumstance: If
threat was made in writing or
through a middleman.
Elements of Grave Threats
where the offender attained
his purpose: (TCDA)
1. That the offender threatens
another person with the
infliction upon the latter’s
person, honor or property, or
upon that of the latter’s family,
of any wrong;
2. That such wrong amounts to a
crime;
3. That there is a demand for
money or that any other
condition is imposed, even
though not unlawful;
4. That the offender attains his
purpose.
Elements of Grave Threats
NOT subject to a condition:
(TCN)
1. That the offender threatens
another person with the
infliction upon the latter’s
person, honor, or property, or
upon that of the latter’s family,
of any wrong.
2. That such wrong amounts to a
crime.
3. That the threat is not subject
to a condition.
ARTICLE 283. LIGHT THREATS
(TNDA/N)
1. That the offender makes a threat to
commit a wrong;
2. That the wrong does not constitute a
crime;
3. That there is a demand for money or
that other condition is imposed even
though not unlawful;
4. That the offender has attained his
purpose or, that he has not attained
his purpose.
ARTICLE 284. BOND FOR GOOD
BEHAVIOR
When a person is required to give bail
bond:
1. When he threatens another under the
circumstances mentioned in Art. 282.
2. When he threatens another under the
circumstances mentioned in Art. 283.
ARTICLE 285. OTHER LIGHT
THREATS
Prohibited Acts: (TOO)
1. Threatening another with a weapon,
or drawing such weapon in a quarrel,
unless it be in lawful self-defense.
2. Orally threatening another, in the heat
of anger, with some harm constituting a
crime, without persisting in the idea
involved in his threat.
3. Orally threatening to do another any
harm not constituting a felony.
ARTICLE 286. GRAVE COERCION
Two Ways of Committing Grave Coercion: (PC)
1. By preventing another by means of violence, threats or
intimidation, from doing something not prohibited by law.
(Preventive)
2. By compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it be right
or wrong. (Compulsive)
When PREVENTING is not When COMPELLING is not
considered Coercion: considered Coercion:
 Under Art. 132: When a  Under Art. 127: When a
public officer prevents the public officer compels a
ceremonies of a religious person to change his
group. residence.
 Under Art. 143: When a  Under Art. 267: When a
person prevents the person kidnaps his debtor to
meeting of a legislative compel him to pay.
assembly.
Elements: (PCVN)
 Under Art. 145: When a 1. That a person prevented
another from doing
person prevents a member
something not prohibited
of Congress from attending
meetings, expressing his by law, or by compelling
opinions or casting his vote him to do something
through the use of force or against his will, be it right
intimidation. or wrong;
When PRISION MAYOR shall 2. That the prevention or
be imposed: (VCP) compulsion be effected by
violence, threats or
1. If the coercion is committed intimidation.
in violation of the exercise of
the right of suffrage. 3. That the person that
2. If the coercion is committed restrained the will and
to compel another to liberty of another has no
perform any religious act. right to do so, or in other
3. If the coercion is committed words, that the restraint is
to prevent another from not made under authority
performing any religious act. of law or in the exercise of
any lawful right.
 CHAPTER THREE: DISCOVERY AND REVELATION
SECTION THREE: THREATS AND COERCION OF SECRETS
ARTICLE 287 LIGHT ARTICLE 288. OTHER ARTICLE 289 ARTICLE 290 ARTICLE 292
COERCION SIMILAR COERCIONS FORMATION, DISCOVERING SECRETS REVELATION OF
(CSVP) (COMPULSORY MAINTENANCE, & THROUGH SEIZURE OF INDUSTRIAL
PURCHASE OF PROHIBITION OF CORRESPONDENCE SECRETS
1. That the offender must MERCHANDISE & COMBINATION OF (PSID) (MSRP)
be a creditor; PAYMENT OF WAGES CAPITAL OR LABOR 1. That the offender is a
BY MEANS OF TOKENS) THROUGH VIOLENCE private individual or even 1. That the offender is a
2. That he seizes anything OR THREATS a public officer not in the person in charge,
belonging to his debtor; Prohibited acts: exercise of his official employee or workman
1. Forcing or compelling, 2. Paying the wages due 3. That the offender function; of a manufacturing or
3. That the seizure of the directly or indirectly, or his laborer or employee employs violence or industrial
thing be accomplished by means of tokens or 2. That he seizes the establishment;
knowingly permitting the threats, in such a degree
by means of violence or objects other than the papers or letters of
forcing or compelling of as to compel or force the
a display of material legal tender currency of another; 2. That the
the laborer or employee laborers or employers in
force producing of the offender to the Philippines, unless the free and legal manufacturing/industri
intimidation; purchase merchandise expressly requested by exercise of their industry 3. That the purpose is to al establishment has a
or commodities of any such laborer or or work; discover the secrets of secret of the industry
4. That the purpose of the kind from him employee such other person; which the offender has
offender is to apply the 4. That the purpose is to learned;
same to the payment of Elements: organize, maintain or 4. That the offender is
Elements:
the debt. informed of the contents 1. That the offender
prevent coalitions of
a. That the offender pays of the papers or letters reveals such secrets;
a. That the offender is any capital or laborers or
the wages due a laborer lockout of employers. seized.
person, agent or officer
Unjust Vexation (2nd par.) or employee employed
of any association or 2. That prejudice is
by him by means of Qualifying Circumstance:
corporation. caused to the owner.
Includes any human tokens or objects Offender reveals the
conduct that, although not contents of such paper or
b. That he or such firm or
productive of some b. That those tokens or letter of another to a third
corporation has
physical or material harm, objects are other than person.
employed laborers or
could unjustifiably annoy or the legal tender currency
employees
vex an innocent person. of the Philippines. ARTICLE 291
REVEALING SECRETS
c. That he forces or
The paramount question to c. That such employee or WITH ABUSE OF OFFICE
compels, directly or
be considered is whether laborer does not (MLR)
indirectly, or knowingly
the offender’s act caused expressly request that he
permits to be forced or
annoyance, irritation, be paid by means of 1. That the offender is a
compelled, any of his or
torment, distress, or tokens or objects. manager, employee or
its laborers or
disturbance to the mind of servant;
employees to purchase
the person to whom it was
merchandise or
directed. 2. That he learns the
commodities of any kind
from him or from said secrets of his principal or
firm or corporation. master in such capacity;

3. That he reveals such

secrets.
 TITLE TEN: CRIMES AGAINST PROPERTY
SECTION ONE: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

ARTICLE 293 ARTICLE 294 4. (a) If the violence or ARTICLE 295 ARTICLE 296. DEFINITION ARTICLE 297.
WHO ARE GUILTY OF ROBBERY WITH VIOLENCE intimidation employed in ROBBERY WITH OF A BAND AND PENALTY ATTEMPTED AND
ROBBERY AGAINST the commission of the PHYSICAL INJURIES, INCURRED BY THE FRUSTRATED
Robbery – is the taking of OR INTIMIDATION OF robbery is carried to a COMMITTED IN AN MEMBERS THEREOF ROBBERY
personal property PERSONS degree clearly UNINHABITED PLACE Outline: COMMITTED UNDER
belonging to another, with Acts Punished under this unnecessary for the BY A BAND OR WITH 1. When at least four armed CERTAIN
intent to gain, by means of Article: commission of the crime; THE USE OF FIREARM malefactors take part in CIRCUMSTANCES
violence against, or 1. (a) When by reason or on or ON A STREET, ROAD the commission of a
intimidation of any person, occasion of the robbery, the (b) When in the course OR ALLEY robbery, it is deemed Special Complex
or using force upon crime of homicide is of its execution, the committed by a band. Crime: When by
anything. committed; offender shall have Qualified Robbery with reason or on occasion
inflicted upon ANY Violence Against or 2. When any of the arms of an attempted or
Classification of (b) or when the robbery is PERSON NOT Intimidation of used in the commission of frustrated robbery, a
Robbery: accompanied by rape or RESPONSIBLE FOR Persons: robbery is not licensed, homicide is committed.
1. Robbery with violence intentional ITS COMMISSION Nos. 3, 4, and 5 of the penalty upon all
against, or intimidation physical injuries covered Article 294 if committed: malefactors shall be the The penalty is the
of persons (Arts. 294, 2. When by reason or on by subdivisions 3 and 4 maximum of the same whether the
297 and 298). occasion of such robbery any of Art. 263. 1. In an uninhabited corresponding penalty robbery is attempted or
2. Robbery by use of of the physical injuries place (despoblado); or provided by law without frustrated.
force upon things resulting in insanity, When the person injured – 2. By a band (en prejudice to the criminal
(Arts. 299 and 302). imbecility, impotency or cuadrilla); or liability for illegal
blindness is inflicted. a. Becomes deformed, or 3. By attacking a moving possession of firearms. ARTICLE 298
Elements of Robbery in (subdivision 1 of Art. 263) b. Loses any other train, street car, motor EXECUTION OF
general: member of his body, or vehicle, or airship; or 3. Any member by a band DEEDS BY MEANS
1. That there be personal 3. When by reason or on c. Loses the use thereof, 4. By entering the who was present at the OF
property (bienes occasion of robbery, any of or passengers’ commission of a robbery VIOLENCE OR
muebles) belonging to the physical injuries d. Becomes ill or compartments in a by the band, shall be INTIMIDATION
another; penalized in subdivision 2 of incapacitated for the train, or in any manner punished as principal of
Art. 263 is inflicted. performance of the taking the passengers any assaults committed Elements:
2. That there is unlawful When the person injured work in which he was by surprise in their by the band, unless it be
taking (apoderamiento or habitually engaged for respective shown that he attempted 1. That the offender
asportacion) of that a. Loses the use of speech more than 90 days, in conveyances or to prevent the same. has intent to
property; or the power to hear or to consequence of the 5. On a street, road, defraud another;
smell, or loses an eye, a physical injuries highway, or alley, and Requisites for liability for 2. That the offender
3. That the taking must be hand, a foot, an arm, or a inflicted. the intimidation is the acts of other members compels him to
with intent to gain leg; made with use of of the band: sign, execute, or
(animus lucrandi); b. Loses the use of any such 5. If the violence employed firearms, the offender 1. He was a member of the deliver any public
member; or by the offender does not shall be punished by band; instrument or
4. That there is violence c. Becomes incapacitated for cause any of the serious the maximum period or 2. He was present at the document;
against or intimidation of the work in which he was physical injuries defined the proper penalties commission of a robbery by 3. That the compulsion
any person or force used therefore habitually in Art. 263, or if the prescribed in Art. 294. that band; is by means of
upon things. engaged, in consequence offender employs 3. The other members of that violence or
of the physical injuries intimidation only. (simple bandcommitted an assault; intimidation.
inflicted; robbery) 4. He did not attempt to
prevent the assault.
 SECTION TWO: ROBBERY WITH THE USE OF FORCE UPON THINGS

ARTICLE 299. ROBBERY (Subdivision B) ARTICLE 301 WHAT IS ARTICLE 302 ROBBERY ARTICLE 303 ROBBERY ARTICLE 305 FALSE
IN AN INHABITED 1. Offender is inside a AN INHABITED HOUSE, IN AN UNINHABITED OF CEREALS, FRUITS, KEYS
HOUSE/PUBLIC BUILDING dwelling house, public PUBLIC BUILDING OR PLACE OR FIREWOOD IN AN
OR EDIFICE DEVOTED TO building or edifice devoted BUILDING DEDICATED OR IN A PRIVATE UNINHABITED PLACE Inclusions:
WORSHIP to religious worship, TO RELIGIOUS BUILDING OR PRIVATE BUILDING
regardless of the WORSHIP AND THEIR 1. Tools not mentioned
(Subdivision A) circumstances under which DEPENDENCIES 1. That the offender Penalty is 1 degree lower in the next preceding
1. The offender entered: he entered it. entered an uninhabited when cereals, fruits, or article
a. an inhabited house, Dependencies of an place or a building which firewood are taken in
b. a public building or 2. The offender takes inhabited house, public was not a dwelling robbery with force upon 2. Genuine keys stolen
c. an edifice devoted to personal property building or building house, not a public things. from the owner
religious worship belonging to another with dedicated to religious building, or not an
intent to gain under any of worship – all interior edifice devoted to ARTICLE 304. 3. Any keys other than
2. The entrance was the following courts, corrals, religious worship; POSSESSION OF those intended by the
effected by any of the circumstances: warehouses, granaries or PICKLOCKS owner for use in the
following means: enclosed places 2. That any of the following OR SIMILAR TOOLS lock forcibly opened
a. Through an opening not a. by the breaking of 1.Contiguous to the circumstances was by the offender.
intended for entrance or internal doors, building or edifice, present: 1. That the offender has in
egress; wardrobes, chests, or 2.Having an interior his possession picklocks
b. By breaking any wall, any other kind of sealed entrance connected a. The entrance was or similar tools;
roof, floor, door, or furniture or receptacle therewith, and effected through an
window; b. by taking such furniture 3.Which form part of the opening not intended for 2. That such picklocks or
c. By using false keys, or objects away to be whole. entrance or egress; similar tools are specially
picklocks or similar broken open outside the b. A wall, roof, floor, or adopted to the
tools; or place of the robbery outside door or window commission of robbery;
d. By using any fictitious was broken;
name or pretending the ARTICLE 300. ROBBERY c. The entrance was 3. That the offender does
exercise of public IN AN UNINHABITED effected through the use not have lawful cause for
authority. PLACE AND BY A BAND of false keys, picklocks such possession.
or other similar tools;
3. That once inside the Under this Article, Robbery d. A door, wardrobe, chest,
building, the offender with Force Upon Things is or any sealed or closed
took personal property qualified when committed in furniture or receptacle
belonging to another with an uninhabited place AND by was broken; or
intent to gain a band, as distinguished e. A closed or sealed
from Qualified Robbery with receptacle wa removed,
Violence or Intimidation of even if the same be
Persons (Art. 295) which is broken open elsewhere;
committed in an uninhabited 3. That with intent to gain,
place OR by a band. the offender took
therefrom personal
property belonging to
another.
 CHAPTER TWO: BRIGANDAGE

ARTICLE 306. ARTICLE 307 ARTICLE 308 WHO ARE LIABLE ARTICLE 309. ARTICLE 310 QUALIFIED ANTI CARNAPPING
BRIGANDAGE AIDING OR FOR THEFT PENALTIES THEFT ACT of 1972 (R.A.
ABETTING A BAND 6539)
1. There be at least four OF BRIGANDS 1. That there be taking of personal The basis of There is qualified theft in the
armed persons property; penalty in Theft following instances: Carnapping - taking,
2. They formed a band of 1. That there is a is: with intent to gain, of
robbers band of brigands; 2. That said property belongs to 1. If theft is committed by a motor vehicle
3. The purpose is any of another; 1. The value of the domestic servant belonging to another
the following: 2. That the offender thing stolen, and without the latter’s
a. To commit robbery in a knows the band to 3. That the taking be done with intent in some cases, 2. If committed with grave consent, or by means
highway; or be of brigands; to gain; abuse of confidence of violence against or
b. To kidnap persons for 2. The value and intimidation of persons,
the purpose of 3. That the offender 4. That the taking be done without the the nature of the 3. If the property stolen is (a) or by using force upon
extortion or to obtain does any of the consent of the owner; property taken, motor vehicle, (b) mail matter things.
ransom; or following acts: or or (c) large cattle
c. To attain by means of 5. That the taking be accomplished If the OWNER,
force or violence any a. That he aids, without the use of violence against 3. The 4. If the property stolen consists DRIVER OR
other purpose abets, or protects or intimidation of persons or force circumstances or of coconuts taken from the OCCUPANT of a
such band of upon things. causes that premises of plantation. carnapped vehicle is
Presumption of law as to brigands; impelled the killed or raped in the
brigandage: Theft is likewise committed by: culprit to commit 5. If the property stolen is taken course of the
All are presumed to be b. That he gives 1. Any person who, having found lost the crime from a fishpond or fishery commission of the
highway robbers or them information property, shall fail to deliver the carnapping or on the
brigands, if any of them on the movements same to the local authorities or to 6. If property is taken on the occasion thereof, the
carry unlicensed firearm. of the police or its owner occasion of fire, earthquake, penalty of reclusion
other peace typhoon, volcanic eruption, or perpetua to death shall
The only things to prove officers of the 2. Any person who, after having any other calamity, vehicular be imposed.
are: government; or maliciously damaged the property accident or civil disturbance
1. That there is an of another, shall remove or make Qualified Theft only:
organization of more c. That he acquires use of the fruits or object of the Elements: If material or physical
than three armed or receives damage caused by him; possession was given
persons forming a band property taken by 1. Taking of personal property; to the offender
of robbers; such brigands. 3. Any person who shall enter an 2. That the said property
2. That the purpose of the enclosed estate or a field where belongs to another; Estafa only: If material
band is any of those trespass is forbidden or which 3. That the said taking be done plus juridical
enumerated in Art. 306; belongs to another and without the with intent to gain; possession were given
3. That they went upon the consent of its owner; shall hunt or 4. That it be done without the to the offender
highway or roamed fish upon the same or shall gather owner’s consent;
upon the country for fruits, cereals, or other forest or 5. That it be accomplished
that purpose; farm products. without the use of violence or
4. That the accused is a intimidation against persons,
member of such band. nor of force upon things;
6. That it be done through the
above circumstances

CATTLE RUSTLING LAW
of 1974 (P.D. 533)
Cattle Rustling – is
defined as the taking away
by means, method or
scheme, without the
consent of the
owner/raiser, of any large
cattle whether or not for
profit or gain, or whether
committed with or without
violence against or
intimidation of persons or
force upon things. It
includes the killing of large
cattle or taking it as meat
or hide without the consent
of the owner/raiser.
Presumption of Cattle
Rustling: Failure to exhibit
the required documents by
any person having in his
possession, control, or
custody of large cattle,
upon demand by
competent authorities shall
be prima facie evidence
that the large cattle in his
possession, control and
custody are the fruits of
the crime of cattle rustling.
CHAPTER THREE: THEFT
LAW ON ILLEGAL “HIGHGRADING” OR :
CHAPTER THREE
FISHING (P.D. 534) THEFT OF GOLD (P.D.
581)
Illegal Fishing – the act of
any person to catch, take “Highgrading” or Theft of
or gather or cause to be Gold – the act of any
caught, taken or gathered person who shall take
fish or fishery/aquatic gold-bearing ores or rocks
products in Philippine from a mining claim or
waters with the use of mining camp or shall
explosives, obnoxious or remove, collect or gather
poisonous substances or gold-bearing ores or rocks
by the use of electricity. in place or shall extract or
remove the gold; from such
Dealing in illegally ores or rocks, or shall
caught fish or prepare and treat such
fishery/aquatic products ores or rocks to recover or
– any person who extract the gold content
possesses or deals in, thereof, without the
sells or in any manner consent of the operator of
disposes of, for profit , any the mining claim.
fish, fishery/aquatic
products which have been Presumption:
illegally caught, taken or Unauthorized possession
gathered. by any person within a
mining claim or mining
camp of gold-bearing ores
or rocks or of gold
extracted or removed from
such ores or rocks shall be
prima facie evidence that
they have been stolen
from the operator of a
mining claim (Sec. 2).
ANTI – FENCING LAW
THEFT PRESIDENTIAL DECREE PENALIZING TIMBER
(P.D. 1612) NO. 401 Penalizing the SMUGGLING OR
Elements: Unauthorized Installation ILLEGAL CUTTING OF
1. Crime of robbery or of Water, Electrical or LOGS FROM PUBLIC
theft has been Telephone Connections, FORESTS AND FOREST
committed; the Use of Tampered RESERVES AS
Water or Electrical QUALIFIED THEFT (P.D.
2. Accused, who is not a Meters, and other Acts NO. 330)
principal or accomplice
in the commission of Acts punished: Any person, whether
the crime of robbery or 1. The use of tampered natural or juridical who
theft, buys, receives, water or electrical meters directly or indirectly cuts,
possesses, keeps, to steal water or
gathers, removes, or
acquires, conceals, electricity;
smuggles timber, or other
sells, or disposes of, or forest products, either from
shall buy and sell, or in 2. The stealing or pilfering
any of the public forest,
any other manner deal of water and/or electrical
forest reserves and other
any article, item, object meters, electric and/or
kinds of public forest,
or anything of value telephone wires;
whether under license or
which he knows, or lease, or from any
should be known to 3. Knowingly possessing privately owned forest land
him, to have been stolen or pilfered water
in violation of existing
derived from the and/or electrical meters laws, rules and regulations
proceeds of said crime; and stolen or pilfered
shall be guilty of the crime
electric and/ or telephone of qualified theft.
3. Accused knows or wires.
should have known that
ARTICLE 311. THEFT OF
said article, item, object Theft of electricity can
THE PROPERTY OF THE
or anything of value has also be committed by any
NATIONAL LIBRARY
been derived from the of the following means:
AND NATIONAL
proceeds of theft or
robbery; 1. Turning back the dials of MUSEUM
the electric meter; Theft of property on
4. Accused has intent to 2. Fixing the electric meter National Library and
gain for himself or in such a manner that it Museum has a fixed
another will not register the penalty regardless of its
actual electric value. But if the crime is
Presumption of Fencing. consumption; committed with grave
· Mere possession of any 3. Under-reading of electric abuse of confidence, the
good, article, item, object, consumption; and penalty for qualified theft
or anything of value which 4. Tightening screw or shall be imposed, because
rotary blades to slow Art 311 says “unless a
has been the subject of
down the rotation of the higher penalty should be
robbery or thievery shall be
provided under the
prima facie evidence of same
provisions of this Code.”
fencing.
 CHAPTER FIVE:
CULPABLE CHAPTER SIX: SWINDLING AND OTHER DECEITS
CHAPTER FOUR: USURPATION INSOLVENCY

ARTICLE 312 ARTICLE 313. ARTICLE 314. ARTICLE 315 I. B. Estafa with abuse C. Estafa by taking
OCCUPATION OF REAL ALTERING FRAUDULENT SWINDLING/ ESTAFA Estafa with of confidence. Article undue advantage of
PROPERTY OR BOUNDARIES OR INSOLVENCY Unfaithfulness or 315 No.1-B) the signature in blank
USURPATION OF REAL LANDMARK Elements in general: Abuse of Confidence (Article 315, No. 1-C)
RIGHTS IN PROPERTY 1. That the offender 1. That money, goods,
1. That there be is a debtor, that is, 1. That the accused A. Estafa with or other personal 1. That the paper with
1. That the offender takes boundary marks or he has obligations defrauded another unfaithfulness (Article property be received the signature of the
possession of any real monuments of due and by abuse of 315, No. 1-A) by the offender in offended party be in
property or usurps any towns, provinces, or demandable; confidence, or by trust, or on blank;
real rights in property; estates, or any other means of deceit; 1. That the offender commission, or for
marks intended to 2. That he absconds has an onerous administration, or 2. That the offended
2. That the real property or designate the with his property; 2. That the damage or obligation to deliver under any other party should have
real rights belong to boundaries of the prejudice capable of something of value; obligation involving delivered it to the
another; same; 3. That there be pecuniary the duty to make offender;
prejudice to his estimation is 2. That he alters its delivery of, or to
3. That violence against or 2. That the offender creditors. caused to the substance, quantity return, the same; 3. That above the
intimidation of persons alters said boundary offended party or or quality; signature of the
is used by the offender marks. third persons. 2. That there be offended party a
in occupying real 3. That damage or misappropriation or document is written
property or usurping Damage or prejudice prejudice capable of conversion of such by the offender
real property or may consist of: pecuniary estimation money or property without authority to
usurping real right in is caused to the by the offender, or do so;
property; 1. Offended party offended party or denial on his part of
being deprived of third persons. such receipt; 4. That the document
4. That there is intent to his money or so written creates a
gain. property as a result 3. That such liability of, or causes
of the defraudation; misappropriation or damage to the
Acts punishable under conversion or denial offended party or
Article 312: 2. Disturbance in is to the prejudice of any third person.
property rights; another;
1. By taking possession of
any real property 3. Temporary 4. That there is
belonging to another by prejudice. demand made by the
means of violence offender party to the
against or intimidation offender.
of persons.

2. By usurping any real

rights in property
belonging to another by
means of violence
against or intimidation
of persons.
 CHAPTER SIX: SWINDLING AND OTHER DECEITS

Definition of Terms II. Ways of commission: B. Art. 315 No. 2 (B) BOUNCING CHECKS
1. Misappropriation (M) Estafa by Means of A. Art. 315 No. 2 (A): LAW (B.P. Blg. 22)
- the act of 1. If the offender has Deceit (Article 315, No. 1. By using a fictitious name. By altering, the quality, Offenses Punished
taking something f been given Material 2) fineness or weight of under BP 22:
or one’s own Possession of the 2. By falsely pretending to anything pertaining to his
benefit personal property and 1. That there must be possess (a) power, (b) business A. Making or Drawing
he Misappropriates false pretense, influence, (c) qualifications, and issuing a check
2. Conversion - the act the same, he is liable fraudulent act or (d) property, (e) credit, (f) C. Art. 315 No. 2 (C) knowing at the time of
of using or for the crime of fraudulent means; agency, (g) business or By pretending to have issue that he does not
disposing of anoth THEFT. imaginary transactions. bribed any Government have sufficient funds.
er’s property as it 2. That such false employee
was one’s own; MP + M = Theft pretense, act or 3. By means of other similar Elements:
thing has been de fraudulent means deceits. D. Art. 315 No. 2 (D) 1. That a person makes
voted to a purpose or 2. If the offender has must be made or or draws and issues
use other than that been given Juridical executed prior to or ILLEGAL RECRUITMENT 1. That the offender any check to apply on
agreed upon. Possession and simultaneously with Under the Migrant Workers postdated a check, account or for value.
Material Possession the commission of Act (R.A. No. 8042) OR issued a check in
3. Material Possession of the personal fraud. Illegal Recruitment – Any act payment of an 2. That the person
(MP) – The actual property and he of canvassing, enlisting, hiring, obligation knows that at the time
physical possession Misappropriates the 3. That the offended or procuring workers, including of issue he does not
of personal property, same, he is liable for party must have referring contract services, 2. That such postdating have sufficient funds
where the possessor the crime of ESTAFA. relied on the false promising or advertising for or issuing a check or credit with the
cannot claim a better pretense, fraudulent employment abroad, whether was done when the drawee bank for the
right to such property JP + MP + M = Estafa act, or fraudulent for profit or not, when offender had no funds payment of such
than that of its owner. means, that is, he undertaken by a non-licensee in the bank, or his check upon its
3. If the person has been was induced to part or non-holder of authority. funds deposited presentment
4. Juridical Possession given the Ownership, with his money or therein were not
(JP) – Is present Juridical Possession, property because of Any such non-licensee or non- sufficient to cover the 3. That the check is
when the possession and Material fraudulent means; holder of authority who, for a amount of the check subsequently
of the personal Possession of the fee, offers and promises dishonored by the
property arises from a personal property and 4. That as a result employment abroad to two or drawee bank for
lawful causation, he Misappropriates the thereof, the offended more persons shall be deemed insufficiency of funds
contract or same, he is NOT party suffered so engaged in illegal or credit, or would
agreement, express criminally liable and damage. recruitment. have been
or implied, written or incurs only a CIVIL dishonored for the
unwritten or by virtue LIABILITY. Economic Sabotage: same reason had not
of a provision of law. 1. Illegal recruitment by the drawer, without
O + JP + MP + M = NO syndicate – committed by a any valid reason,
5. Ownership (O) – CRIME group of three (3) or more ordered the bank to
There is ownership of persons conspiring or stop payment.
the personal property confederating with one
when there is no another.
obligation to return 2. Large Scale Illegal
exactly the same Recruitment – committed
property given or lent against three (3) or more
to the possessor. persons.
 CHAPTER SIX: SWINDLING AND OTHER DECEITS
Requisites for Criminal Failing to keep E. Art. 315, No. 2(E) III. B. Estafa by resorting ARTICLE 316
Liability under BP 22: sufficient funds to Estafa Through the to some fraudulent OTHER FORMS OF
1. A person makes, cover the full amount 1. By obtaining food, Following Means practice to insure SWINDLING
draws or issues a of the check. refreshment or success in gambling Persons liable:
check as payment for accommodation at A. Estafa by inducing (Article 315 No. 3B)
account or for value. 1. That a person has hotel, inn, restaurant, another to sign any 1. Any person who,
sufficient funds with boarding house, document (Article 315 C. Estafa by removing, pretending to be the
2. That the check was the drawee bank lodging house or No. 3A) concealing or owner of any real
dishonored by the when he makes or apartment house destroying documents property, shall convey,
bank due to a lack of draws and issues a without paying 1. That the offender (Article 315 No. 3C) sell, encumber or
funds, insufficiency of check thereof, with intent to induced the offended mortgage the same.
funds or account defraud the proprietor party to sign a 1. That there be court
already closed. 2. That he fails to keep or manager thereof document; record, office files,
sufficient funds or to documents or any a. That the thing be
3. The payee or holder maintain a credit to 2. By obtaining credit at 2. That deceit be other papers; immovable, such as a
of such check gives a cover the full amount any of the said employed to make parcel of land or a
written notice of if presented within a establishments by the him sign the 2. That the offender building; (property
dishonor and demand period of 90 days use of any false document; removed, concealed must actually exist)
for payment. from the date of pretense or destroyed any of
appearing thereon. 2. That the offended them; b. That the offender who
4. That the maker, 3. By abandoning or party personally is not the owner of
drawer or issuer, after 3. That the check is surreptitiously signed the document; 3. That the offender had said property should
receiving such notice dishonored by the removing any part of intent to defraud represent that he is
and demand, refuses drawee bank his baggage from any 3. That prejudice be another. the owner thereof
or fails to pay the of the said caused.
value of the check establishment after c. That the offender
within FIVE obtaining credit, food, should have executed
BANKING DAYS. refreshment or an act of ownership
accommodation (selling, leasing,
therein, without encumbering or
paying therefor. mortgaging the real
property);

d. That the act be made

to the prejudice of the
owner or a third
person
 CHAPTER SIX: SWINDLING AND OTHER DECEITS CHAPTER SEVEN: CHATTEL MORTGAGE

2. Any person who, 3. The owner of any personal 6. Any person who ARTICLE 317. ARTICLE 319. REMOVAL, B. Sale or Pledge of
knowing that real property who shall shall sell, mortgage or SWINDLING A MINOR SALE OR PLEDGE OF Mortgaged Property
property is wrongfully take it from its encumber real MORTGAGED PROPERTY
encumbered, shall lawful possessor, to the property with which 1. That the offender By selling or pledging
dispose of the same, prejudice of the latter or any the offender takes a dvantage of Acts punishable: personal property
although such third person. guaranteed the the inexperience or already pledged, or any
encumbrance be not fulfillment of his emotions or feelings of A. Removal of Mortgaged part thereof, under the
recorded. a. That the offender is the obligation as surety. a minor; Property terms of the Chattel
owner of personal property; Mortgage Law, without
a. That the thing a. That the offender is a 2. That he induces such By knowingly removing any the consent of the
disposed of be real b. That said personal property surety in a bond minor to assume an personal property mortgaged mortgagee written on the
property. is in the lawful possession of given in a criminal or obligation, or to give under the Chattel Mortgage back of the mortgage
another; civil action; release, or to execute Law to any province or city and noted on the record
b. That the offender a transfer of any other than the one in which it is thereof in the office of
knew that the real c. That the offender wrongfully b. That he guaranteed property right; located at the time of the register of deeds of
property was takes it from its lawful the fulfillment of such execution of the mortgage, the province where such
encumbered, whether possessor; (if from unlawful obligation with his 3. That the consideration without the written consent of property is located.
the encumbrance is possessor, Article 429 of the real property or is some loan of the mortgagee or his
recorded or not. Civil Code applies) properties; money, credit, or other executors, administrators or Elements:
(principle of personal property; (if assigns.
constructive notice d. That prejudice is thereby c. That he sells, real property, Article 1. Personal property is
does not apply) caused to the possessor or mortgages, or, in any 318 applies; minor Elements: pledged under
third person. manner encumbers cannot convey real Chattel Mortgage
c. That there must be said real property; property without 1. That personal property is Law;
express judicial authority) mortgaged under Chattel
representation by the d. That such sale, Mortgage Law; 2. Offender, who is the
offender that the real mortgage or 4. That the transaction is mortgagor, sells or
property is free from 4. Any person who, to the encumbrance is (1) to the detriment of 2. That the offender knows pledges the same
encumbrance. prejudice of another, shall without express such minor that such property is so property or any part
execute any fictitious authority from the mortgaged; thereof;
d. That the act of contract. court, or (2) made
disposing of the real before the 3. That he removes such 3. No consent of
property be made to cancellation of his mortgaged personal mortgagee written on
the damage of bond, or (3) before property to any province or the back of the
another. being relieved from city other than the one in mortgage and noted
the obligation which it was located at the on the record thereof
contracted by him. time of the execution of the in the Office of the
5. Any person who shall mortgage; Register of Deeds.
accept any compensation for
services not rendered or for 4. That the removal is
labor not performed. permanent;

5. That there is no written

consent of mortgagee,
executors, administrators or
assigns to such removal.
 CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

ARTICLE 320-326- Destructive Arson (Art. 3. Any train or There is also Other cases of Arson: Prima facie evidence of Arson (Sec. 6,
B REPEALED BY 320, RPC) Burning of: locomotive, ship or Destructive Arson: (Sec. 3, PD 1613) Burning PD 1613):
PD 1613 vessel, airship or (Art. 320, RPC) of: 1. If the fire started simultaneously in more
1. One (1) or more airplane, devoted to 1. Any building used as than one part of the building or
PD 1613- buildings or edifices, transportation or 1. When the arson is offices of the establishment.
AMENDING THE consequent to one conveyance, or for committed by 2 or Government or any of
LAW ON ARSON single act of burning, or public use, more persons, its agencies. 2. If substantial amount of flammable
as a result of entertainment or regardless of substances or materials are stored
Kinds of Arson: simultaneous burnings, leisure. whether their 2. Any inhabited house or within the building not of the offender
1. Arson (Sec. 1, PD committed on several or purpose is merely to dwelling. nor for the household.
No. 1613) different occasions. 4. Any building, factory, burn or destroy the
warehouse building or the 3. Any industrial 3. If gasoline, kerosene, petroleum or
2. Destructive arson 2. Any building of public or installation and any burning merely establishment, shipyard, other flammable or combustible
(Art. 320, as private ownership, appurtenances constitutes an overt oil, well or mine shaft, substances or materials soaked
amended by RA devoted to the public in thereto, which are act in the platform or tunnel. therewith or containers thereof, or any
No. 7659 general or where devoted to the commission of mechanical, electrical, chemical, or
people usually gather or service of public another violation of 4. Any plantation, farm, electronic contrivance designed to start
3. Other cases of congregate for a utilities. the law pasture land, growing a fire, or ashes or traces of any of the
arson (Sec. 3, PD definite purpose such crop or grain field, foregoing are found in the ruins or
No. 1613) as, but not limited to, 5. Any building the 2. When any person orchard, bamboo grove premises of the burned building or
official governmental burning of which is shall burn: or forest. property.
Arson – when any function or business, for the purpose of a. Any arsenal,
person burns or sets private transaction, concealing or shipyard, 5. Any rice mill, sugar mill, 4. If the building or property is insured for
fire to the property commerce, trade destroying evidence storehouse or cane mill, or mill central. substantially more than its actual value
of another, or his workshop, meetings of another violation military powder or at the time of the issuance of the policy.
own property under and conferences, or of law, or for the fireworks factory, 6. Any railway or bus
circumstance which merely incidental to a purpose of ordnance, station, airport, wharf, or 5. If during the lifetime of the
expose to danger definite purpose such concealing storehouse, warehouse. corresponding fire insurance more than
the life or property of as but not limited to bankruptcy or archives or two fires have occurred in the same or
another. (Sec. 1, PD hotels, motels, transient defrauding creditors general museum Special Aggravating other premises owned or under the
1613) dwellings, public or to collect from of the Circumstance on Arson control of the offender and /or insured.
conveyances or stops insurance. Government. (Sec. 4, PD 1613):
or terminals, regardless 6. If shortly before the fire, a substantial
of whether the offender b. In an inhabited 1. If committed with intent portion of the effects insured and stored
had knowledge that place, any to gain. in a building or property had been
there are persons in storehouse or 2. If committed for the withdrawn from the premises except in
said building or edifice factory of benefit of another. the ordinary course of business.
at the time it is set on inflammable or 3. If the offender be
fire and regardless also explosive motivated by spite or 7. If a demand for money or other valuable
of whether the building materials. hatred towards the consideration was made before the fire
is actually inhabited or owner or occupant of in exchange for the desistance of the
not. the property burned. offender or for the safety of the person
4. If committed by a or property of the victim.
syndicate - planned or
carried out by three or
more persons
 TITLE ELEVEN
CHAPTER NINE: MALICIOUS MISCHIEF CHAPTER TEN: TITLE TEN: CRIMES AGAINST CHASTITY
MALICIOUS MISCHIEF
Attempted, frustrated or ARTICLE 327 ARTICLE 329 OTHER CHAPTER ONE: ADULTERY AND CONCUBINAGE
consummated arson: MALICIOUS MISCHIEF MISCHIEFS
ARTICLE 332 ARTICLE 333 ARTICLE 334
1. A person, intending to 1. That the offender Mischiefs not included in PERSON EXEMPT ADULTERY CONCUBINAGE
burn a wooden deliberately caused the next preceding article FROM CRIMINAL
structure, collects damage to the and are punished LIABILITY Who are liable? Who are liable?
some rags, soaks property of another; according to the value of 1. The married man
them in gasoline and damage caused. Crimes involved in the 1. The married woman 2. The woman who knew that
places them beside 2. That such act does not exemption: who engages in sexual the man was married.
the wooden wall of the constitute arson or ARTICLE 330 intercourse with a man
building. When he is other crimes involving DAMAGE AND 1. Theft not her husband. Elements:
about to light a match destruction; OBSTRUCTION TO 2. Swindling
to set fire to the rags, MEANS OF 3. Malicious mischief 2. The man who, 1. That the man must be
he is discovered by 3. That the act of COMMUNICATION knowing of the married;
another who chases damaging another’s Persons exempted: marriage of the
him away. property be committed Person liable: Any woman, has sexual 2. That he committed any of
merely for the sake of person who shall damage 1. Spouses, ascendants intercourse with her. the following acts:
damaging it. any railway, telegraph or and descendants, or
2. Any charring of the telephone lines. relatives by affinity on a. Keeping a mistress in
wood of a building, ARTICLE 328. the same line. Elements: the conjugal
whereby the fiber of SPECIAL CASES OF Qualifying dwelling (mistress must
the wood is destroyed, MALICIOUS circumstance: Damage 2. The widowed spouse 1. That the woman is live therein as such);
is sufficient. It is MISCHIEF shall result in the with respect to the married;
necessary that the (When Qualified) derailment of cars, property which b. Having sexual
wood should be collision or other accident belonged to the 2. That she has sexual intercourse under
ablazed. 1. Causing damage to deceased spouse intercourse with a man scandalous
obstruct the ARTICLE 331 before the same shall not her husband; circumstances with a
3. Setting fire to the performance of public DESTROYING OR have passed to the woman who is not his
contents of a building functions; DAMAGING STATUES, possession of 3. That as regards the wife (proof of actual
constitutes the PUBLIC MONUMENTS another. man with whom she sexual relations not
consummated crime of 2. Using poisonous or OR PAINTINGS has sexual required as long as it
setting fire of a corrosive substances; 3. Brothers and sisters intercourse, he must can be inferred);
building, even if no Persons liable: and brothers in law know her to be
part of the building 3. Spreading any 1. Any person who shall and sisters in law, if married. c. Cohabiting with her in
was burned. infection or contagion destroy or damage living together. any other place (as
among cattle; statues or any other husband and wife);
useful or ornamental 4. Stepfather, adopted
4. Causing damage to public monuments. father, natural 3. As regards to the woman,
the property of the children, concubine, she must know him to be
National Museum or 2. Any person who shall paramour included as married.
National Library, or to destroy or damage ascendants by
any archive or registry, any useful or affinity.
waterworks, road, ornamental painting
promenade, or any of a public nature.
other thing used in
common by the public.
CHAPTER TWO: ACTS CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE
OF LASCIVIOUSNESS
ARTICLE 336. ACTS ARTICLE 337 The following are the ARTICLE 338 ARTICLE 339. ANTI-SEXUAL ARTICLE 340
OF LASCIVIOUSNESS QUALIFIED OFFENDERS: SIMPLE ACTS OF HARRASMENT ACT CORRUPTION OF
SEDUCTION 1. Those who abused their SEDUCTION LASCIVIOUS- (R.A. No. 7877) MINORS (AS
1. That the offender authority: NESS WITH THE AMENDED BY BP
commits any act of Two classes: a. Persons in public 1. That the offended CONSENT OF THE Persons penalized: 92)
lasciviousness or 1. Seduction of a virgin authority party is over 12 OFFENDED Employer, employee, Prohibited acts – to
lewdness; over 12 years and b. Guardian and under 18 PARTY manager, supervisor, promote or facilitate
under 18 years of c. Teacher years of age; teacher, professor, the prostitution or
2. That the act of age by persons who d. Person who, in any 1. That the offender instructor, coach, corruption of persons
lasciviousness is abuse their authority capacity, is entrusted with 2. That she must be commits acts of trainor, or any other under age to satisfy
committed against a or the confidence the education or custody of good lasciviousness or person having the lust of another.
person of either sex; reposed. of the woman seduced reputation, single lewdness; authority, influence,
or widow; or moral ascendancy Special Protection
3. That it is done under 2. Seduction of a sister 2. Those who abused 2. That the acts are over another in a of Children Against
any of the following by her brother or confidence reposed in 3. That the offender committed upon a work, education or Child Abuse Act
circumstances: descendant by her them: has sexual woman who is a training-related (R.A. 7610) – Child
ascendant, a. Priest intercourse with virgin or single or environment. prostitution and
a. By using force or regardless of her b. House servant her; a widow of good attempt to commit
intimidation age and reputation. c. Domestic reputation, under Prohibited acts: child prostitution are
4. That it is 18 years of age Demanding, punished under this
b. When the offended Elements: 3. Those who abused their committed by but over 12 years, requesting, or Act.
party is deprived of relationship: means of deceit. or a sister or otherwise requiring
reason or otherwise 1. That the offended a. Brother who seduced his descendant any sexual favor Sec. 5. Child
unconscious party is a virgin; sister regardless of her from the other, Prostitution and
b. Ascendant who seduced reputation or age; regardless of other Sexual Abuse
c. By means of 2. She must be over his descendant whether the demand, – Children whether
fraudulent 12 and under 18 c. A “domestic” is different 3. That the offender request, or male or female, who
machination or grave years of age; from a house servant, it accomplishes the requirement is for money, profit or
abuse of authority means any person living acts by abuse of accepted by the other consideration
3. That the offender under the same roof as a authority, object of the act. or due to the
d. When the offended had sexual member of the same confidence, coercion or influence
party is under 12 intercourse with her; household, and includes relationship or of any adult
years of age or is boarders or house-guests deceit. syndicate or group,
demented. 4. That there is abuse but not transients or indulge in sexual
of authority, visitors. intercourse or
confidence or d. The fact that the girl gave lascivious conduct
relationship on the her consent to the sexual are deemed to be
part of the offender. intercourse is no defense. children exploited in
In the same way, lack of prostitution and other
consent of the girl is not sexual abuse.
an element of the
offense.
e. The seduction of a sister
or descendant is known
as incest.
 Persons liable: ARTICLE 341 WHITE CHAPTER FOUR: ABDUCTION CHAPTER FIVE: PROVISIONS RELATING TO THE
1. Those who engage in or SLAVE TRADE PRECEDING CHAPTERS OF TITLE ELEVEN
promote, facilitate or induce
Two Kinds of ARTICLE 343 ARTICLE 344 If a minor or
child prostitution which Prohibited acts:
Abduction: CONSENTED PROSECUTION OF incapacitated and
include, but are not limited to 1. Engaging in the
ABDUCTION THE CRIMES OF refuses to file either of
the following: business of
1. Forcible abduction ADULTERY, the next succeeding
prostitution;
(Art. 342) Elements: CONCUBINAGE, persons may file:
a. Acting as a procurer of a child
1. That the offended SEDUCTION,
prostitute; 2. Profiting by
2. Consented abduction party must be a ABDUCTION, RAPE a. Either of the parents
b. Inducing a person to be a prostitution;
(Art. 343) virgin; 2. That she AND ACTS OF
client of a child prostitute by
must be over 12 and LASCIVIOUSNESS b. Either of the
means of written or oral 3. Enlisting the services
under 18 years if age;
advertisements or other of women for the grandparents whether
ARTICLE 342. 1. Adultery and
similar means; purpose of paternal or maternal
FORCIBLE 2. That the taking away concubinage must be
c. Taking advantage of prostitution. side
ABDUCTION of the offended party prosecuted upon the
influence or relationship to
must be with her complaint signed by
procure a child as a c. Legal or judicial
1. That the person consent, after the offended spouse
prostitute; guardians
abducted is a woman; solicitation or cajolery (and in the absence
d. Threatening or using violence
regardless of her age, from the offender; of an express or
towards a child to engage d. The State, as parens
civil status, or implied pardon).
him/her as a prostitute; patriae when the
reputation; 3. That the taking away
e. Giving monetary offended party dies or
of the offended party 2. Seduction, abduction
consideration, goods or other becomes
2. That the abduction is must be with lewd and acts of
pecuniary benefit to a child
against her will; design. lasciviousness must incapacitated before
with the intent to engage such
be prosecuted upon she could file the
child in prostitution.
3. That the abduction is Crimes against the complaint signed complaint and she
with lewd design. Chastity where age by (and in the has no known
2. Those who commit the act of
and reputation of the absence of an parents,
sexual intercourse or
victim are immaterial: express pardon) grandparents or
lascivious conduct with a child
offended party – guardians.
exploited in prostitution or
1. Acts of i. Even if a minor
subjected to other sexual
lasciviousness ii. If of legal age
abuse.
against the will of the and not
offended party or incapacitated, only
3. Those who derive profit or
against a sister or she can file
advantage therefrom, whether
descendant. complaint
as manager or owner of the
establishment where the
2. Qualified Seduction
prostitution takes place, or of
of sister or
the sauna, disco, bar, resort,
descendant.
place of entertainment or
establishment serving as a
cover or which engages in 3. Forcible Abduction.
prostitution in addition to the
activity for which the license
has been issued to said
establishment. RICARDO M. RIBO JR.
 CHAPTER FIVE: PROVISIONS RELATING TO THE ART ICLE 315 TITLE TWELVE: CRIMES AGAISNT THE CIVIL STATUS OF PERSONS
PRECEDING CHAPTERS OF TITLE ELEVEN SWINDLING/
CHAPTER ONE: SIMULATION OF BIRTHS CHAPTER TWO: ILLEGAL MARRIAGES
ESTAFA
ARTICLE 345 ARTICLE 346 AND USURPATION OF CIVIL STATUS
CIVIL LIABILITY OF LIABILITY OF ARTICLE 349. ARTICLE 350 ARTICLE 351. PREMATURE
Elem ents in general:
PERSONS GUILTY OF ASCENDANTS, ARTICLE 347 ARTICLE 348. BIGAMY MARRIAGE MARRIAGES
CRIMES AGAINST GUARDIANS, SIMULATION OF USURPATION OF CONTRACTED
OR 1. That the accused
CHASTITY TEACHERS, BIRTHS, CIVIL STATUS 1. That the offender AGAINST Persons liable:
defrauded
OTHER PERSONS SUBSTITUTION OF is legally married; PROVISIONS OF 1. A widow who married
another by abuse
Persons who are guilty ENTRUSTED WITH ONE CHILD FOR Usurping the civil LAWS (Illegal within 301 days from the
of confidence, or
of rape, seduction or THE CUSTODY OF THE ANOTHER, status of another is 2. That the marriage Marriage) date of the death of her
by means of
abduction shall also be OFFENDED PARTY CONCEALMENT OR committed by has not been husband, or before having
deceit;
sentenced: ABANDONMENT OF A assuming the dissolved or, in 1. That the offender delivered if she is pregnant
Persons who cooperate LEGITIMATE CHILD filiation, or the case the spouse is contracted at the time of his death.
2. That the damage absent the absent marriage;
1. To indemnify the as accomplices but are parental or conjugal
or prejudice
offended woman; punished as principals in Acts punished: rights of another spouse could not 2. A woman whose marriage
capable of
rape, seduction, with intent to enjoy yet be presumed 2. That he knew at the having been annulled or
pecuniary
of 1. Simulation of births;
2. To acknowledge the abduction, acts the rights arising dead according to time that: dissolved, married before
estimation is
offspring, EXCEPT: lasciviousness, acts of from the civil status the Civil Code; delivery or before
caused to the
lasciviousness with the 2. Substitution of one of the latter. a. The requirements expiration of the period of
offended party or
a. In adultery and consent of the offended 3. That he contracts of the law were 301 days after the date of
thirdchild for another; and
persons.
concubinage since party, corruption of Crime is qualified if a second marriage not complied with; legal separation.
only a natural child minors, white slave 3. Concealing or the purpose is to or subsequent or
Damage or prejudice
may be trade: abandoning any defraud offended marriage; and b. The marriage was ARTICLE 352.
may consist of:
acknowledged legitimate child with parties and heirs. in disregard of a PERFORMANCE OF
1. Ascendants, intent to party
cause such 4. That the second or legal impediment. ILLEGAL MARRIAGES
1. Offended subsequent
b. Where either the 2. Guardians, child to lose  Priests or ministers of any
being deprived of its civil
offended party or the 3. Curators, teachers, marriage has all QUALIFYING
his status.
money or religious denomination or
accused is married and the essential CIRCUMSTANCE: if sect, or civil authorities who
property as a
4. Any person, who In the third way of requisites for either of the shall perform or authorize
result of the
as committing this crime,
c. When paternity cooperates validity. contracting parties any legal marriage
defraudation;
cannot be determined accomplice with abuse three requisites must obtains the consent of ceremony shall be
as in multiple rape of authority or be present, namely: the other by means of punished under the
2. Disturbance in
confidential relationship. violence, intimidation Marriage Law.
property rights;
d. Other instances 1. The child must be or fraud.  Art. 352 presuppose that
where the law should legitimate; the priest or minister or civil
3. Temporary
prevent the offender authority is authorized to
prejudice.
from doing so; 2. The offender conceals solemnize marriages. If the
or abandons such accused is not authorized
In every case to child; and to solemnize marriage and
support the offspring.
he performs an illegal
3. The offender has the marriage ceremony, he is
intent to cause such liable under Art. 177
child to lose its civil (usurpation of authority or
status. public function).

ARTICLE 353 LIBEL
1. That, there must be an
imputation of a crime, or
a vice or defect, real or
imaginary, or any act,
omission, condition,
status or circumstance;
2. That the imputation must
be made publicly;
3. That it must be
malicious;
4. That the imputation must
be directed at a natural
person or a juridical
person, or one who is
dead;
5. That the imputation must
tend to cause the
dishonor, discredit, or
contempt of the person
defamed.
Test of defamatory
imputation:
A charge is sufficient if the
words are calculated to
induce the hearers to
suppose and understand
that the person against
whom they were uttered
was guilty of certain
offenses, or are sufficient to
impeach the honesty, virtue
or reputation, or to hold him
up to public ridicule.
TITLE THIRTEEN: CRIMES AGAINST HONOR
CHAPTER ONE: LIBEL
SECTION ONE DEFINITIONS, FORMS, AND PUNISHMENT OF THIS CRIME
ARTICLE 354 REQUIREMENT Requisites of the first Requisites of the THE ANTI-WIRE ARTICLE 358
FOR PUBLICITY kind of privileged second kind of TAPPING ACT (R.A. No. SLANDER
communication: privileged 4200) (oral defamation)
Every Defamatory Imputation is communication: Unlawful acts by any
Presumed to be Malicious, Even 1. That the person who person or participant, not Kinds:
if it be True. made the 1. That it is fair and authorized by all the 1. Simple slander
communication had true report of a parties to any private
The PRESUMPTION is rebutted a legal, moral or judicial, legislative, or communication or 2. Grave slander, when it
if it is shown by the accused social duty to make other official spoken word: is of a serious and
that – the communication, proceedings which insulting nature
1. The defamatory imputation is or, at least, he had are not of a 1. To tap any wire or cable.
true, in case the law allows an interest to be confidential nature, Factors that determine
proof of the truth of the upheld; or of a statement, 2. To use any other device the gravity of the oral
imputation (see Art. 361); report or speech or arrangement to defamation:
2. That the delivered in said secretly overhear,
2. It is published with good communication is proceedings, or of intercept or record such 1. Expressions used;
intention; addressed to an any other act communication by using 2. Personal relations of
officer or a board, or performed by a a device known as the accused and the
3. There is justifiable motive for superior, having public officer in the dictaphone, dictagraph, offended party;
making it. some interest or duty exercise of his detectaphone, walkie- 3. Circumstances
in the matter; functions; talkie or tape-recorder. surrounding the case;
MALICE is not presumed in the 4. Social standing and
following cases involving 3. That the statements 2. That it is made in 3. To knowingly possess position of the
qualifiedly privileged in the good faith; any tape/wire or disc offended party.
communication: communication are record of any
1. Private communication made made in good faith. 3. That it is without any communication or
by any person to another in the comments or spoken word or copies
performance of any legal, moral remarks. thereof.
or social duty.
4. To replay the same for
2. A fair and true report, made in Under Republic Act any person or persons.
good faith, without any No. 1477:
comments or remarks, of any A newspaper reporter 5. To communicate the
judicial, legislative, or other cannot be compelled to contents thereof, verbally
proceedings which are not of reveal the source of the or in writing.
confidential nature or of any news report he made,
statement, report, or speech unless the court or a 6. To furnish transcriptions
delivered in said proceedings, House or committee of thereof, whether
or of any other act performed Congress finds that complete or partial.
by public officers in the such revelation is
exercise of their functions. demanded by the Exception: When a peace
security of the state. officer is authorized by
written order from the
court.
 SECTION TWO: GENERAL PROVISIONS CHAPTER TWO: INCRIMINATORY
MACHINATIONS
ARTICLE 359 SLANDER ARTICLE 360. ARTICLE 361 PROOF
BY DEED PERSONS OF TRUTH ARTICLE 363. ARTICLE 364
Slander by Deed– is a RESPONSIBLE FOR INCRIMINATING INTRIGUING AGAINST
crime committed by LIBEL When proof of the INNOCENT PERSONS HONOR
performing any act which truth is admissible in a
casts dishonor, discredit 1. The person who charge for Libel: 1. That the offender Committed by any
or contempt upon another publishes, exhibits or performs an act; person who shall make
person. causes the publication 1. When the act or any intrigue which has
or exhibition of any omission imputed 2. That by such act he for its principal purpose
Elements: defamation in writing constitutes a crime directly incriminates or to blemish the honor or
1. That the offender or similar means. regardless of whether imputes to an reputation of another.
performs any act not the offended party is a innocent person the
included in any other 2. The author or editor of private individual or a commission of a This refers to such int
crime against honor; a book or pamphlet. public officer. crime; rigues against a perso
n’s honor or reputation
2. That such act is 1. The editor or business 2. When the offended 3. That such act does which are not otherwise
performed in the manager of a daily party is a Government not constitute perjury punished under other
presence of other newspaper magazine employee, even if the articles of the code. It
persons; or serial publication. imputation does not differs from defamation
constitute a crime, in that it consists of
3. That such act cast 2. The owner of the provided it is related tricky or secret plots and
dishonor, discredit, or printing plant which to the discharge of his may be committed
contempt upon the publishes a libelous official duties. without using written or
offended party. article with his spoken words which are
consent and all other defamatory
Slander by deed is of persons who in any ARTICLE 362
two kinds: way participate in or LIBELOUS REMARKS
have connection with
1. Simple slander by its publication. Libelous remarks or
deed; or comments connected
2. Grave slander by with the matter
deed, that is, which is privileged under the
provisions of Art. 354, if
of a serious nature.
made with malice, shall
not exempt the author
thereof nor the editor or
managing editor of a
newspaper from criminal
liability
 TITLE FOURTEEN: QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL NEGLIGENCE

. ARTICLE 365 Reckless Imprudence – Simple Imprudence – Qualifying Circumstance:

IMPRUDENCE AND consists in voluntarily but consists in the lack of Failing to lend help. It
NEGLIGENCE without malice, doing or precaution displayed in raises the penalty one
failing to do an act from those cases in which the degree higher.
Four ways of which material damage damage impending to be
committing quasi- results by reason of caused is not immediate Except: Sec. 55 of RA
offenses under Art inexcusable lack of nor the danger clearly 4136, the driver can leave
365: precaution on the part of the manifest. his vehicle without aiding
person performing or failing the victims if:
1. By committing through to perform such act, taking Elements:
reckless imprudence into consideration his 1. He is in imminent
any act which, had it employment or occupation, 1. That there is lack of danger of being harmed,
been intentional, degree of intelligence, precaution on the part of
would constitute a physical condition and other the offender. 2. He wants to report to the
grave or less grave circumstances regarding nearest officer of the
felony or light felony; persons, time and place. 2. That the damage law, or
impending to be caused
2. By committing through Elements: is not immediate nor the 3. He desires to summon a
simple imprudence or 1. That the offender does or danger clearly manifest. physician or a nurse for
negligence an act fails to do an act. medical assistance to
which would otherwise the injured.
constitute a grave or 2. That the doing of or the
less serious felony; failure to do that act is
voluntary.
3. By causing damage to
the property of 3. That it be without malice.
another through
reckless imprudence 4. That material damage
or simple imprudence results.
or negligence;
5. That there is inexcusable
4. By causing through lack of precaution on the
simple imprudence or part of the person
negligence some performing or failing to
wrong which, if done perform such act taking
maliciously, would into consideration –
have constituted a
light felony  Employment or
occupation.
 Degree of intelligence,
physical condition, and
 Other circumstances
regarding persons, time
47 and place