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Different Violation of

Laws
Gjenerrick Carlo R. Mateo

Crime An act or omission


punishable by law.
Felony Refers to any act or omission
punishable by the Revised Penal
Code.
Offense - Refers to any act or
omission punishable by Special Laws.
Infraction - Refers to any act or
omission punishable by City or
Municipal ordinance.

Crimes Against National


Security.

Art. 114 - TREASON


Elements
1. Offender is a Filipino or resident alien;
2. There is a war in which the Philippines
is involved;
3. Offender either (a) levies war
against the government; or (b)
adheres to the enemies, giving them
aid or comfort within the Philippines or
elsewhere

Article 117. Espionage


Acts punished (1) By entering, without authority
therefore, a warship, fort or naval or military
establishment or reservation to obtain any
information, plans, photograph or other data
of a confidential nature relative to the defense
of the Philippines;
Elements
(a)Offender enters any of the places mentioned;
(b)He has no authority therefore;
(c)His purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the
Philippines.

(2) By disclosing to the representative of a


foreign nation the contents of the articles,
data or information referred to in paragraph 1
of Article 117, which he had in his possession
by reason of the public office he holds.
Elements
(a)Offender is a public officer;
(b)He has in his possession the articles, data or
information referred to in paragraph 1 of
Article 117, by reason of the public office he
holds;
(c)He discloses their contents to a
representative of a foreign nation.

Crimes Against the


Fundamental Law of the
State.

Article 124. Arbitrary Detention


Elements
1. Offender is a public officer or employee;
2. He detains a person;
3. The detention is without legal grounds.
Meaning of absence of legal grounds
1. No crime was committed by the detained;
2. There is no violent insanity of the detained
person; and
3. The person detained has no ailment which
requires compulsory confinement in a
hospital.

The crime of arbitrary detention


assumes several forms:
(1)Detaining a person without legal
grounds under;
(2)Having arrested the offended party
for legal grounds but without warrant
of arrest, and the public officer does
not deliver the arrested person to the
proper judicial authority within the
period of 12, 18, or 36 hours, as the
case may be; or
(3)Delaying release by competent
authority with the same period

Crimes Against Public Order

Article 134. Rebellion or Insurrection


Elements
1. There is a public uprising and taking
arms against the government;
2. The purpose of the uprising or
movement is a. to remove from the
allegiance to the government or its laws
Philippine territory or any part thereof,
or any body of land, naval, or other
armed forces; or
b. to deprive the Chief Executive or
Congress, wholly or partially, of any of
their powers or prerogatives.

Article 134-A. Coup d' etat


Elements
1. Offender is a person or persons belonging to
the military or police or holding any public
office or employment;
2. It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth;
3. The attack is directed against the duly
constituted authorities of the Republic of the
Philippines, or any military camp or
installation, communication networks, public
utilities or other facilities needed for the
exercise and continued possession of power;
4. The purpose of the attack is to seize or
diminish state power.

Crimes Against Public Interest

How Forgery is Committed Under Article


169
1. By giving to a treasury or bank note
or any instrument payable to bearer or
to order mentioned therein, the
appearance of a true and genuine
document;
2. By erasing, substituting,
counterfeiting, or altering by any
means the figures, letters, words, or
sign contained therein.

Article 174. False Medical Certificates, False


Certificates of Merits or Service, Etc.
Persons liable
1. Physician or surgeon who, in connection with
the practice of his profession, issues a false
certificate (it must refer to the illness or injury of
a person); [The crime here is false medical
certificate by a physician.]
2. Public officer who issues a false certificate of
merit of service, good conduct or similar
circumstances; [The crime here is false
certificate of merit or service by a public officer.]
3. Private person who falsifies a certificate falling
within the classes mentioned in the two
preceding subdivisions.

Article 175. Using False Certificates


Elements
1. The following issues a false certificate:
(a) Physician or surgeon, in connection with
the practice of his profession, issues a false
certificate;
(b) Public officer issues a false certificate of
merit of service, good conduct or similar
circumstances;
(c) Private person falsifies a certificate falling
within the classes mentioned in the two
preceding subdivisions.
2. Offender knows that the certificate was false;
3. He uses the same.

Crimes Against Public Morals


Offenses against decency and
good customs.

Article 200. Grave Scandal


Elements
1. Offender performs an act or acts;
2. Such act or acts be highly
scandalous as offending against
decency or good customs;
3. The highly scandalous conduct is
not expressly falling within any
other article of this Code; and
4. The act or acts complained of be
committed in a public place or
within the public knowledge or view.

Article 202. Vagrants and Prostitutes


1. Prostitutes, who are women who, for
money or profit, habitually indulge
in sexual intercourse or lascivious
conduct.
Republic Act 10158 (2010) already
removed vagrancy from the list of
offenses. So, whenever confronted
with a situation where vagrancy
would previously apply, be reminded
of this development.

Crimes Committed by
Public Officers

Requisites to be a public officer under Article


203
1. Taking part in the performance of public
functions in the government; or Performing
in said government or in any of its
branches public duties as an employee,
agent or subordinate official, or any rank
or class;
2. 2. His authority to take part in the
performance of public functions or to
perform public duties must be
(a)By direct provision of the law;
(b) By popular election; or
(c) By appointment by competent authority.

Article 210. Direct Bribery


Acts punished
1. Agreeing to perform, or performing, in
consideration of any offer, promise, gift
or present an act constituting a crime,
in connection with the performance of
his official duties;
2. Accepting a gift in consideration of the
execution of an act which does not
constitute a crime, in connection with
the performance of his official duty;
3. Agreeing to refrain, or by refraining, from
doing something which it is his official

Article 211. Indirect Bribery


Elements
1. Offender is a public officer;
2. He accepts gifts;
3. The gifts are offered to him by
reason of his office.

Article 212. Corruption of Public


Officials
Elements
1. Offender makes offers or promises
or gives gifts or presents to a public
officer;
2. The offers or promises are made or
the gifts or presents given to a
public officer, under circumstances
that will make the public officer
liable for direct bribery or indirect
bribery.

Crimes Against Person


Article 246. Parricide
Elements
1. A person is killed;
2. The deceased is killed by the accused;
3. 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.

Article 248. Murder


Elements
1. A person was killed;
2. Accused killed him;
3. The killing was attended by any of
the following qualifying circumstances

(A) With treachery, taking advantage of superior strength,


with the aid or armed men, or employing means to
weaken the defense, or of means or persons to insure or
afford impunity;
(b) In consideration of a price, reward or promise;
(c) By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving
great waste and ruin;
(d) On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other
public calamity;
(e) With evident premeditation;
(f) With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse.

4. The killing is not parricide or


infanticide. Homicide is qualified to
murder if any of the qualifying
circumstances under Article 248 is
present. It is the unlawful killing of a
person not constituting murder,
parricide or infanticide.

Article 249. Homicide


Elements
1. A person was killed;
2. Offender killed him without any justifying
circumstances;
3. Offender had the intention to kill, which
is presumed;
4. The killing was not attended by any of
the qualifying circumstances of murder,
or by that of parricide or infanticide.
Homicide is the unlawful killing of a person
not constituting murder, parricide or
infanticide.

Article 255. Infanticide


Elements
1. A child was killed by the accused;
2. The deceased child was less than 72
hours old.

Article 266-A. Rape, When and How


Committed
Elements under paragraph 1
1. Offender is a man;
2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the
following circumstances:
(a) By using force or intimidation;
(b) When the woman is deprived of reason or
otherwise unconscious;
(c) By means of fraudulent machination or grave
abuse of authority; or
(d) When the woman is under 12 years of age or
demented.

Elements under paragraph 2


1. Offender commits an act of sexual
assault;
2. The act of sexual assault is committed
by any of the following means:
(a) By inserting his penis into another
person's mouth or anal orifice; or
(b) By inserting any instrument or
object into the genital or anal orifice of
another person;

3. The act of sexual assault is


accomplished under any of the
following circumstances:
(a) By using force or intimidation; or
(b) When the woman is deprived of
reason or otherwise unconscious; or
(c) By means of fraudulent machination
or grave abuse of authority; or
(d) When the woman is under 12 years
of age or demented.

Crimes Against property.


Article 293. Robbery
1. There is personal
property belonging to
another;
2. There is unlawful
taking of that property;
3. The taking must be
with intent to gain; and
4. There is violence
against or intimidation
of any person, or force
upon anything.

Article 308. Theft


1. There is taking of
personal property;
2. The property taken
belongs to another;
3. The taking was done
with intent to gain;
4. The taking was done
without the consent of
the owner;
5. The taking is
accomplished without
the use of violence

Other way of committing theft;


1. Those who having found lost property, fails
to deliver the same to the local authorities
or to its owner; (2nd mode)
2. Those who, after having maliciously
damaged the property of another, remove
or make use of the fruits or objects of the
damage caused by them;
3. Those who enter an enclosed estate or a
field where trespass is forbidden or which
belongs to another and, without the
consent of its owner, hunt or fish upon the
same or gather fruits, cereals or other
forest or farm products.

Special Penal Laws


1. The Anti-Child Abuse Act of 1992 (R.A. 7610)
2. The Anti-Trafficking in Persons Act of 2003
(R.A. 9208)
3. The Comprehensive Dangerous Act of 2005
(R.A. 9165)
4. The Anti-Money Laundering Act of 2001
(R.A. 9160)
5. The Anti-Violence Against Women and their
Children Act of 2004 (R.A. 9262)
6. The Anti Rape Act. (R.A. 8353)
7. The human Security Act of 2007 (R.A. 9372)
8. The Anti-Bullying Act (R.A. 10627)

Presidential Decrees
1. PD 1866 Illegal Possession of
Firearms and Explosives.
2. P.D. 1612 Anti-Fencing Law
3. P.D. 1602 Anti-Gambling Law
4. P.D. 330 Anti-Illegal logging Law

Infractions
1.
2.
3.
4.
5.

Anti-Littering
Anti-Smoking
Anti-Jaywalking
Breach of the peace
Drunk and Disorderly Conduct

THANK
YOU!!!

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