CRIMINAL

LAW BOOK 2
NOTES

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 TABLE OF CONTENTS

CONTENT

Crimes against national security

Crimes against law of nations

Crimes against the fundamental law of the state

Crimes Against Religious Worship

Crimes against public order

Crimes against popular representation

Public Disorders

Crimes against public interest

Offenses against decency and good customs

Crimes committed by public ofcers

Crimes against person

Crimes against personal liberty and security

Crimes against property

Crimes against chastity

Estafa

Crimes against Honor

Criminal Negligence

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 Criminal Law Book 2

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One
CRIMES AGAINST NATIONAL SECURITY

Section One. - Treason and espionage

CRIMES AGAINTS NATIONAL SECURITY (TreCME)

Treason (Art. 114)

Conspiracy and proposal to commit treason(Art. 115)
Misprision of treason (Art. 116)
Espionage (Art. 117)

ARTICLE 114 – Treason

A breach (violation, defiance, betrayal) of allegiance to a government by a

person who owes allegiance to it.

This crime can only be committed in time of war. The war must involve the
Philippine government.

Allegiance

The obligation of fidelity (loyalty, faithfulness, commitment) and obedience

(compliance, respect, duty, conformity) which the individual owe to the government
in which they live in return to the protection they receive from government of the
Philippines.

Allegiance is either permanent or temporary. Permanent allegiance is the

obligation of fidelity and obedience which a citizen owes to his own country while
temporary allegiance is the obligation of fidelity and obedience which a resident
alien owes to the country where he resides.

Ofenders:

Filipino citizen (either in the Philippines or elsewhere) – owes permanent allegiance

Resident alien – owes temporary allegiance

Two ways or modes of committing treason

1. By levying war against the government.

2. By adhering to the enemies of the Philippines, giving them aid or comfort.

By levying war constitutes the following:

a. There must be an actual assembling of men

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 b. For the purpose of executing a treasonable design. (To deliver the Philippines
to the enemy country –under the control of the enemy country)

Levying of war must be in collaboration (in conspiracy with) with the enemy
country. If the levying of war is one of mere civil uprising without any intention to
help the enemy country, the crime is not treason but rebellion under Article 135.

In treason by levying war, it is not necessary that there be a formal

declaration of the existence of a state of war. The actual hostilities (fighting,
aggression, warfare) between the two countries determine the commencement of
war.

By adhering to the enemy country giving them aid and comfort

Adherence (loyalty, obedience devotion, faithfulness) to the enemy country,

giving them aid or comfort. There is adherence when a citizen intellectually or
emotionally favors (sympathize) the enemy and harbors sympathies disloyal to his
country.

Adherence and giving aid or comfort to the enemy must concur together.
Adherence alone without giving aid or comfort is not sufcient enough to constitute
the crime of treason. Conversely, giving aid or comfort alone with out adherence is
not treason (as giving aid or comfort for humanitarian consideration).

“Aid or Comfort” defned

Means any act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitors country and an act which weakens or tends to
weaken the power of the traitors country.

The giving of aid or comfort must be manifested by some kind of action.

There must be a physical activity and not merely a mental operation like:

1. Furnishing the enemy with arms, troops and supplies, information and
means of transportation
2. Serving as informer, agent or spy
3. Taking active part in armed combats with the enemy country

Ways of proving treason

Testimony of at least two witnesses to the same overt act (act of giving aid or
comfort).

ARTICLE 115 – Conspiracy and Proposal to Commit Treason

Conspiracy to commit treason

Committed when in times of war, two or more persons come to an agreement

to levy war against the government or to adhere to the enemies and to give them
aid or comfort, and decide to commit it.

Proposal to commit treason

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 Committed when in time of war a person who has decided to levy war against
the government or to adhere to the enemies and give them aid or comfort proposes
its execution to some other person or persons.

DOCTRINE OF ABSORPTION

1. PROPOSAL- If the person to whom the proposal is made does not agree to
commit treason, the proponent shall be held liable for “crime of proposal to
commit treason”.

2. CONSPIRACY- If the person to whom proposal is made agrees and decides to

commit treason, said person and the proponent shall be held liable for the
“crime of conspiracy to commit treason”, the proponent cannot be separately
held liable for proposal to commit treason since conspiracy to commit
treason absorbs proposal to commit treason.

3. TREASON- If the person to whom the proposal is made actually commits the
crime of treason, said person and the proponent as conspirators are liable
for the “crime of treason”; the proponent is also considered as principal by
inducement; the conspirators could not be separately held liable for
conspiracy to commit treason since treason absorbs the crime of conspiracy
to commit treason. Conspiracy in this case is just mode of committing
treason for purposes of applying the collective responsibility rule.

ARTICLE 116 – Misprision of Treason

Committed by any person owing allegiance to the Philippine government and

having knowledge of any conspiracy against it conceals or does not disclose and
make known the same as soon as possible to governor or fiscal of the province or
the mayor or fiscal of the city or municipality in which he resides.

ARTICLE 117 – Espionage

Committed by means of gathering, transmitting, or losing information

respecting the national defense with intent or reason to believe that the
information is to be used to the injury of the Philippine government or to the
advantage of any foreign nation.

Two ways of committing espionage

1. By entering, without authority therefore, warship, naval, or military

establishment or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the defense of
the Philippines.

The accused must have the intention to use the information to the
injury of the government or to the advantage of the foreign country. If the
accused has no such intention even if he successfully takes possession of
the same, he cannot be made liable for espionage.

It is not also necessary that the accused actually obtain such information.
Mere entry is sufcient for as long as the purpose is to obtain information

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 inside the place.

Committed by any person.

2. By disclosing to the representative of a foreign nation the contents of the

articles, data or information which are confidential in nature relative to the
defense of the Philippines, which he had in his possession by reason of his
public ofce.

Committed by a public ofcer.

ESPIONAGE versus TREASON

Committed both in time of peace and Committed only in time of war
in time of war
Can be committed in many ways Can only be committed in two ways

Section Two. - Provoking war and disloyalty in case of war

CRIMES AGAINST LAW OF NATION (InVioCor FliP)

Inciting to War of Giving Motives for reprisals (Art. 118)

Violation of Neutrality (Art. 119)
Correspondence with Hostile country (Art. 120)
Flight to Enemy’s Country (Art. 121)
Piracy in General and Mutiny on the High Seas (Art. 122)

ARTICLE 118 – Inciting to War or Giving Motives for Reprisals

Committed by any person who by means of unlawful or unauthorized acts shall

provokes or gives occasion for war which will involve the Philippines or exposes
Filipino citizens to reprisals on their person or property.

The unlawful or unauthorized acts of the offender to provoke or give occasion for a
war or expose Filipino citizens to reprisals. The effects of the unlawful or
unauthorized acts of the offender provoke a war between the Philippines and
foreign nation or expose Filipino citizens to reprisals on their persons or property.

ARTICLE 119 – Violation of Neutrality

Committed by any person who on the occasion of war in which the

Philippines is NOT involved VIOLATES any regulation issued by competent
authority for the purpose of enforcing neutrality.

Neutrality

When a nation takes no part in the contest of arms that is going on between
two other countries.

ARTICLE 120- Correspondence with Hostile Country

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 Committed by any person who, in time of war, shall have correspondence
(communication by way of letters) with an enemy or territory occupied by enemy
troops when prohibited by the government, or if it contains notice of information
which might be useful to the enemy country.

Correspondence means communication by way of letters. It may refer to

letters which pass between those who have friendly or business relations.

Suppose correspondence contains innocent matters: still punishable

provided such type of correspondence is prohibited by the government.

ARTICLE 121 – Flight to Enemy’s Country

Committed by any person who owing allegiance to the government of the

Philippines ATTEMTPS to flee or go to the enemy country when prohibited by
competent authority. There must be a war in which the Philippines is involved.
Mere attempt consummates the crime.

Section Three. - Piracy and mutiny on the high seas or in Philippine waters

ARTICLE 122 (As amended by R.A. 7659-Henious Crime Law.) – Piracy and
Mutiny on the High Seas or Philippine Waters

(Before Art. 122 was amended by R.A 7659, only piracy and mutiny on the
high seas was covered. The amendment includes the commission of the same acts
in Philippine Waters. The commission of such acts in Philippine Water is punished
as piracy under P.D. No. 532. The offender in piracy in Philippine water can be
ANY person including a passenger or member of the complement of the vessel)

Piracy is committed by any person who:

Shall attack or seize a vessel on the high seas or Philippine waters;
Shall seize the whole or part of the cargo of the vessel or its equipment or the
personal belongings of the passengers.

Elements:

1. The vessel must be on the high seas or Philippine waters

2. Offenders are NOT members of its complement or passengers of the vessel;
3. The offenders attack or seize the vessel OR seize the whole or part of its
cargo or its equipment or personal belongings of the vessel;

High seas
The portion of the ocean/sea which is beyond the territorial jurisdiction of any
country.

Vessel
Any vessel or watercraft used for transport of passengers and cargo from one place
to another through Philippine Waters.

Piracy

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It is robbery or forcible depredation on the high seas without lawful authority and
done with animo furandi (intent to gain) and in the spirit and intention of universal
hostility.

Mutiny

It is the unlawful resistance to a superior ofcer or the raising of commotions and

disturbances on board a ship against the authority of its commander.

PIRACY MUTINY

The offenders are strangers to the The offenders are members of the
vessel crew or passengers
There must be animo furandi (intent No intent to gain
to gain).

Piracy when considered as terrorism under R.A. 9372(Human Security Act of

2007)

When the person who commits an act punishable as piracy and mutiny,
thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism and shall suffer the
penalty of 40 years imprisonment without the benefit of parole.

PIRACY UNDER THE REVISED PENAL CODE AND PIRACY UNDER P.D. NO.
532

ART. 123 P.D 532

Criminal act The criminal act in both piracy under the RPC
and piracy under PD No. 532 is attacking upon
or seizing the vessel, or taking away seizing the
vessel, or other properties with intent to gain.
However, in piracy under PD No. 532, the
seizure or taking away must be committed by
means of violence or intimidation or force upon
things (such as destroying the door of a
vessel’s room). In piracy under the RPC, by
means of violence or intimidation or force upon
things was not mentioned as element.
Ofender A pirate must neither A pirate is any
be a member of person including the
complement of a passenger or
vessel nor a member of the
passenger thereof. In complement of the
sum, a pirate must be vessel. In sum, the
an outsider. pirate can be an
outsider or insider.
Vessel The RPC provides no Refers to any vessel
definition of a vessel or watercraft used
for purposes of for transport of
piracy. Hence, vessel passengers and

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 for purposes of piracy cargo from one place
under RPC is not to another through
confined to Philippine waters.
passenger, cargo or But it shall include
fishing vessel. vessels or boats used
in fishing.
Place of commission In the Philippine Must be in the
water or in the high Philippine water
seas
Qualifying Murder, homicide, Murder, homicide,
circumstance rape and physical rape and physical
injuries that injuries or any other
accompanied piracy crime committed as
shall be considered as a result or on
components of occasion of piracy
qualified piracy under qualifies the crime.
Art. 123 of the RPC.

ARTICLE 123 – Qualifed Piracy

Piracy is qualified if the following qualifying circumstances are present:

1. Offenders seized the vessel by boarding or firing upon the same

2. Pirates abandoned their victims without the means of saving themselves
3. When the crime is accompanied by murder, rape, homicide and physical
injuries

Republic Act No. 6235 (Aircraft Piracy)

It is committed by any person who shall compel a change in the course or

destination of an aircraft of Philippine Registry or who shall seize or usurp the
control thereof while it is in fight. (An aircraft is in flight from the moment all its
external doors are closed following embarkation until such doors are opened for
disembarkation.)

It is also committed by any person who shall compel an aircraft of foreign

registry to land in the Philippine Territory or shall seize or usurp the control
thereof while in said territory.

Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
AND CRIMES AGAINST RELIGIOUS WORSHIP

Section One. - Arbitrary detention and expulsion

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CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

Art. 124. Arbitrary detention

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities
Art. 126. Delaying release
Art. 127. Expulsion
Art. 128. Violation of domicile
Art. 129. Search warrants maliciously obtained and abuse in the service of those
legally obtained
Art. 130. Searching domicile without witnesses
Art. 131. Prohibition, interruption and dissolution of peaceful meetings
Art. 132. Interruption of religious worship
Art. 133. Offending religious meetings

CLASSES OF ARBITRARY DETENTION

a. Arbitrary detention by detaining a person without legal ground. (Art. 124)

b. Arbitrary detention by delaying the delivery of detained persons to the proper
judicial authorities. (Art. 125)
c. Arbitrary detention by delaying release (Art. 126)

ARTICLE 124 - Arbitrary Detention by Detaining a Person without Legal

Ground

Elements:

1. The offender is a public ofcer

2. That he detains a person
3. That the detention is without legal ground
4. The detention is illegal from the very beginning.

The offender who is a public ofcer must be one that is vested with authority
to detain or order the detention of persons accused of a crime such as
policemen and other agents of the law, judges or mayors. If committed by OTHER
public ofcers, crime committed is ILLEGAL DETENTION because they are acting
in their private capacity. The same is true if the crime is perpetrated by a private
individual.

Detention
A person is considered detained if he is placed in confnement or there is a
restraint of his person.

Even if the person detained could move freely in and out of their prison cell
and could take meals outside the prison, he is still considered under detention if
he is under surveillance of guards and they could not escape for fear of being
apprehended.

Legal grounds for detention of any person

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 1. The commission of a crime
2. Violent insanity or other ailment which requires compulsory confinement of
the patient in the hospital.

Warrantless Arrest

A peace ofcer or a private person may without a warrant, arrest a person:

1. When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;
2. When an offense has in fact just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has committed
it, and;
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

ARTICLE 125 - Arbitrary detention by delaying the Delivery of Detained

Person to the Proper Judicial Authorities (courts)

It is the failure of the arresting ofcer to file the proper complaint or

information against the person arrested within the period prescribed by law:

12 hrs. for crimes punishable by LIGHT PENALTIES;

18 hrs. for crimes punishable by CORRECTIONAL PENALTIES
36 hrs. for crimes punishable by AFFLICTIVE or CAPITAL PUNISHMENT

At the onset, the arrest is legal but becomes illegal after the expiration of 12,
18, 36 hrs. without the filing of the proper case against the person arrested. Unlike
in Art. 124 where the arrest is illegal from the very beginning.

ARTICLE 126 - Arbitrary detention by delaying the release of the person

under detention.
Elements:

1. The offender is a public ofcer

2. There is an order (judicial or executive) for the release of the prisoner;
3. The offender delays the SERVICE of such notice to the prisoner, delays the
PERFORMANCE of such order and delays the PROCEEDING upon a petition
for the release of such person.

ARTICLE 127- Expulsion

A crime committed by any public officer or employee who not being

authorized by law shall expel any person from the Philippine Islands or shall
compel such person to change his residence.

Article 127 makes it unlawful for a public ofcer or employee to unlawfully

expel a person from the Philippines or compel a person to change his residence.
Only the President is empowered to deport undesirable aliens as a result of

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deportation proceedings and only the court by final judgment can order a person
to change his residence. (ejectment proceedings/when the penalty imposed is
destiero)

CRIMES KNOWN AS VIOLATION OF DOMICILE

a. Entering a dwelling against the will of the owner or making search without
the previous consent of the owner. (Art. 128)
b. Search Warrants maliciously obtained and abuse in the service thereof. (Art.
129)
c. Searching domicile without witnesses.(Art. 130)

If the above enumerated crime is perpetrated or committed by a private individual,

the crime is trespass to dwelling.

Section Two. - Violation of domicile

ARTICLE 128-Violation of Domicile

The search was made without a search warrant.

Acts Punishable: (No Search Warrant)

1. Entering any dwelling against the will of the owner thereof.
2. Searching papers or other effects found therein without the previous consent
of the owner
3. By refusing to leave the premises after having surreptitiously entered the
dwelling when being required to leave the same.

If a public ofcer searched a person OUTSIDE of his dwelling and such person
is not legally arrested for an offense, the crime is GRAVE COERCION if there is
violence or intimidation or UNJUST VEXATION (annoyed, provoked, troubled,
bothered, irritated) if there is no violence or intimidation.

ARTICLE 129 – Search Warrants Maliciously Obtained and Abuse in the

Service of those Legally Obtained

Acts Punishable:

1. By procuring a search warrant without just cause

2. By exceeding his authority or using unnecessary severity in executing search
warrant legally procured.

Search Warrant

An order in writing issued in the name of the people of the Philippines,

signed by a judge and directed to a peace ofcer, commanding him to search for
personal property described therein and bring it before the court.

Requisites:

1. Probable cause
2. Probable cause must be determined personally by the judge

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 3. Must be in connection with one specific offense
4. Must be issued after examination under oath or afrmation of the
complainant and his/her witnesses
5. It must particularly described the place to be searched and the things to be
seized

A search warrant is said to have been obtained without just cause if

afdavits submitted in support of the application for search warrant were executed
by the applicant or his witnesses without personal knowledge of the fact stated
therein.

Example:

A peace ofcer wanted to verify a report that a particular house was being
used as a gambling den. Instead of stating such fact in his afdavit, he stated that
the house was being used as a drug laboratory. If no drug paraphernalia is found
inside the house, the ofcer is guilty of (violation of domicile) procuring a search
warrants without just cause.

A search warrant is also considered procured without just cause if obtained

for purposes of extorting money from the owner of the premises to be searched.

A peace ofcer may break open any outer or inner door or window of the
house to execute a search warrant if owner refuse to allow him to enter after
announcing his purpose and authority.

Search of a house, room or premises shall be made in the presence of the

occupant thereof or any member of his family. In the absence thereof, the search
must be made in the presence of at least two witnesses of sufcient age and
discretion residing in the same locality/place.

Violation of domicile can still be committed even if the search warrant is

legally obtained if the peace ofcer executing the warrant exceeded his authority in
executing the search or used unnecessary violence in executing the same.

Exceeding authority in executing search warrant:

Seizing properties not included in the search warrant to be searched except

contrabands such as fire arms without a license.

Using unnecessary severity in executing search warrant:

Destroying furniture without any justification or employing unnecessary

force and violence against the owner of the dwelling.

ARTICLE 130 – Searching Domicile without Witnesses

The search was affected through a valid search warrant but the same was
made without the presence of the occupant/owner thereof or any member of his
family. In the absence of owner of the building or any member of his family, the
search was made without the presence of at least two (2) witnesses residing in the
same locality.

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Instances of a Warrantless Search

1. Plain view Doctrine

2. Hot pursuit (fleeing criminal/offender)
3. Search incidental to a lawful arrest
4. Moving vehicles

Section Three. - Prohibition, interruption and dissolution of peaceful meetings

ARTICLE 131 – Prohibition, Interruption and Dissolution of a peaceful

meeting (gathering, assembly)

Acts Punishable:

1. By prohibiting or interrupting without legal ground the holding of a

peaceful meeting, or by dissolving a peaceful meeting

The offender must not be a participant of the peaceful meeting; otherwise the
crime would be unjust vexation under Article 287.

2. By hindering (delaying, preventing) any person from joining any lawful

association or from attending its meeting

3. By prohibiting or hindering any person from addressing any petition

(request, appeal) to the authorities for the correction of abuses or redress of
grievances

If committed by a private individual, the crime is Disturbance of Public Order

under Art.153.

The meeting must be peaceful; otherwise, it can be legally prohibited,

stopped or dissolved.

CRIMES AGAINST RELIGIOUS WORSHIP

Section Four. - Crimes against religious worship

ARTICLE 132- Interruption of religious worship

- Any person who shall prevent or disturb any religious ceremonies or

manifestations which are about to take place or are going on.

The offender prevents or disturbs a religious ceremony that is taking place or

about to take place as when the offender threatened the priest who is about to say
mass which as a result the mass was not celebrated.

ARTICLE 133- Ofending religious feeling

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 A crime committed by any person who shall perform acts notoriously
offensive to the feeling of the faithful in a place devoted to religious worship or
during the celebration of religious ceremony.

Examples:

Throwing a stone at the priest who was preaching

Making a remarks that the Pope is the Commander of Satan

Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, SEDITION AND DISLOYALTY

ARTICLE 134 - Rebellion or insurrection; How committed.- The crime of

rebellion or insurrection is committed by rising publicly and taking arms against
the Government for the purpose of removing from the allegiance to said
Government or its laws, the territory of the Philippine Islands or any part thereof,
of any body of land, naval or other armed forces, depriving the Chief Executive or
the Legislature, wholly or partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).

Elements:

There must be (a) public uprising and (b) taking arms against the
government

The purpose of the uprising or the movement is either:

a. To remove from the allegiance to the Philippine government or its

laws

1.The territory of the Philippines or any part thereof

2.Anybody of land, naval or other armed forces

b.To deprived the president or congress of any of their powers or

prerogatives.

Rebellion and insurrection are not synonymous.

Insurrection

The uprising or the movement is considered insurrection if the purpose is to

effect some changes of minor importance in the system of government.
(Changes in the policy of the government)

Rebellion

The uprising or movement is considered as rebellion if the purpose or object

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is to overthrow and supersede the existing government.

Distinction of rebellion from treason:

REBELLION TREASON
If the taking of arms against the If the taking of arms against the
government or levying of war was government was carried out in order
carried out during peace time for to aid the enemy country
purposes of overthrowing the
government
always involves taking up arms can be committed by mere
against the government adherence to the enemy giving them
aid or comfort
The offender engage war against the The offender levies war against the
forces of government without government in adherence to an
adherence to the enemy enemy
Giving aid and comfort in adherence Includes giving aid and comfort in
to rebels is not rebellion unless there adherence to the enemy
is conspiracy
The intention of the rebels in rising Intent to betray the government by
publicly and taking up arms is to adherence to the enemy is required
remove the allegiance to the
government and its laws from the
territory of the Philippines or part
thereof or armed forces, or to deprive
executive or
legislative power
Can be committed by any person Can only be committed by a Filipino
citizen or resident alien
Can be committed in times of war or War crime
peace
Governed by the territoriality Extraterritoriality rule
principle

ARTICLE 134-A - Coup d’état

A swift (quick, immediate, sudden) attack accompanied by violence,

intimidation (fear) , threat (danger, peril), strategy (plan, approach, tactic) or
stealth (secret, surreptitious) directed against the duly constituted authorities, any
military camp or installation, communication networks, public utilities and other
facilities needed for the exercise and continued possession of power by the
government, carried out by any person or persons belonging to the military or
police or holding any public ofce or employment, with or without civilian support
for the purpose of seizing (destabilize) or diminishing (paralyze, weaken) state
power.

Ofender/s:

A person or persons belonging to the military or police or holding any public ofce
or employment.

How committed:

By means of a swift attack accompanied by VITSS (violence, intimidation, threat,

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strategy and stealth)

Attack directed:

Directed against the duly constituted authorities of the government, military

camp or military installation, communication networks (communication lines of
telecommunication companies (PLDT, SMART, GLOBE), Public utilities (television
networks) and other facilities needed for the exercise and continued possession of
power.

Purpose:

Seize or diminish (weaken) state power.

It can be committed with or without civilian participation. Unlike in the crime of

rebellion where civilian participation is necessary

Who are liable for Rebellion, Insurrection, and/or coup d’état:

Leaders

It includes those persons who promotes or heads the uprising or those who leads,
directs or commands others to rise publicly against the government.

Participants

Those who participates or executes the command of others or supports or finances

the uprising.

Distinction of rebellion from Coup d’ etat:

REBELLION COUP D’ ETAT

The criminal act in rebellion is While that in Coup d’ etat is a swift
public uprising and taking up arms attack by means of violence,
intimidation, threat strategy or
stealth against the duly constituted
authorities or facilities needed for
the exercise
and continued possession of power
The purpose of rebellion is removal Seizure or diminution of state power
of the Philippine territory or part
thereof or armed forces from the
allegiance to the government
and its laws or deprivation of
executive or legislative powers or
privileges
The offenders in rebellion are any The offenders are military ofcer,
persons police ofcer and public ofcers;
however this crime can be
committed with or without the
participation of civilians

NOTA BENE:

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Overthrowing the government is an objective of rebellion or Coup d’ etat. Since the
purpose of the offenders is to remove the territory of the Philippines from the
allegiance of the people to the government and its laws, or to seize state power.

Article 135. Penalty for rebellion, insurrection or coup d'etat. - Any person
who promotes, maintains, or heads rebellion or insurrection shall suffer the
penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion

shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake
a coup d'etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or

commands of others in undertaking a coup d'etat shall suffer the penalty of prision
mayor in its maximum period.

Any person not in the government service who participates, or in any manner
supports, finances, abets or aids in undertaking a coup d'etat shall suffer the
penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of
unknown leaders, any person who in fact directed the others, spoke for them,
signed receipts and other documents issued in their name, as performed similar
acts, on behalf or the rebels shall be deemed a leader of such a rebellion,
insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24,
1990).

Article 136. Conspiracy and proposal to commit coup d’etat, rebellion, or

insurrection - The conspiracy and proposal to commit coup d’etat shall be
punished by prisión mayor in its minimum period and a fine which shall not
exceed One million pesos (₱1,000,000).

"The conspiracy and proposal to commit rebellion or insurrection shall be

punished respectively, by prisión correccional in its maximum period and a fine
which shall not exceed One million pesos (₱1,000,000) and by prisión correccional
in its medium period and a fine not exceeding Four hundred thousand pesos
(₱400,000)."

- Merely agreeing and deciding to rise publicly and take arms against the
government for the purposes of rebellion or merely proposing the
commission of said acts is already subject to punishment.

ARTICLE 137. Disloyalty of Public Officers or employees

Crime committed by public ofcers or employees who failed to resist rebellion by

all the means in their power or shall continue to discharge their duties of their
ofce under the control of the rebels.

PREPARED BY: ATTY. RECSON B. BANGIBANG

18
Acts Punished:

1. Failure to resist rebellion by all means in their power.

2. Continuing to discharged their duties under the control of the rebels
Accepting appointment under the rebels

Ofender/s:

Must be a public ofcer or employees

ARTICLE 138. Inciting to Rebellion or Insurrection

Committed by any person who, without taking arms or in open hostility

(aggression) against the government, shall incite (motivate, provoke) others to
the execution of any of the acts of rebellion, by means of speeches, proclamations,
writings, emblems, banners or other representations.

Elements:

1. The offender does not take arms or is not in open hostility against the
government.
2. That he incites others for the executions of any of the acts of rebellion
3. The inciting must be done by means of speeches, proclamations, writings,
emblems, banners or other representations.

Inciting to Rebellion versus Proposal to Commit Rebellion

a. In inciting to rebellion, it is not required that the offender has decided to

commit rebellion whereas in proposal to commit rebellion, the offender has
decided to commit rebellion
b. In inciting to rebellion, the inciting is done publicly while in proposal to
commit rebellion, the inciting is done secretly.

ARTICLE 139. Sedition

Committed by any person who shall rise publicly and tumultuously (at least
four (4)) (disorderly, recklessly) in order to attain by force or intimidation or by
other means outside of legal methods any of the following:

a. To prevent the promulgation or execution of any law or the holding of

any popular election;
b. To prevent the National Government or the Local Government units from
freely exercising their function or prevent the execution of an
administrative order;
c. To infict an act of hate or revenge upon the person or property of a public
ofcer or employee; To commit for any political or social end any act of hate
or revenge against private person;
d. To despoil (damage) for any political or social end the property of the
national or local government;

Nature of the crime of sedition

It is the raising of commotions or disturbances in the government.

PREPARED BY: ATTY. RECSON B. BANGIBANG

19
ARTICLE 140. Penalty for sedition

Leader- prision mayor in its minimum period and a fine not exceeding two million
(2,000,000) pesos

Participants- prision correccional in its minimum period and a fine not exceeding
one million (1,000,000) pesos

ARTICLE 141. Conspiracy to commit sedition .-Persons conspiring to commit

the crime of sedition shall be punished by prisión correccional in its medium
period and a fine not exceeding Four hundred thousand pesos (₱400,000)."

Note:
No proposal to commit sedition.

Article 142. Inciting to sedition

(Diferent acts of inciting to sedition)

Committed by any person who, without taking any direct part in the crime of
sedition, should:

1) Inciting others to the accomplishment of any of the acts which constitute

sedition by means of speeches, proclamations, writings, emblems, etc.
2) Uttering seditious words or speeches which tend to disturb the public peace.
3) Writing, publishing, or circulating scurrilous libels against the government
or any duly constituted authorities thereof, which tend to disturb the public
peace.

Elements:

1) That the offender does not take direct part in the crime of sedition.
2) That he incites others to the accomplishment of any of the acts which
constitute sedition.
3) That the inciting is done by means of speeches, proclamations, writings,
emblem, cartoons, banners, or other representations tending to the same
end.

Distinction of rebellion from Sedition:

REBELLION SEDITION
There must be public uprising and There must be a public and
taking up arms against the tumultuous uprising by means of
government force, intimidation, or by
other means outside of legal
methods
The purpose of rebels is political The purpose of the seditionists is
either political or social
It absorbs crime in furtherance The doctrine of absorption is not
thereof applicable to sedition

PREPARED BY: ATTY. RECSON B. BANGIBANG

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 Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION

Section One. - Crimes against legislative bodies and similar bodies

Article 143. Acts tending to prevent the meeting of Congress and similar
bodies - The penalty of prisión correccional or a fine ranging from Forty thousand
pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or both, shall be
imposed upon any person who, by force or fraud, prevents the meeting of Congress
or of any of its committees or subcommittees, Constitutional Commissions or
committees or divisions thereof, or of any provincial board or city or municipal
council or board."

Elements:

1) That there be a projected or actual meeting of the National Assembly or any

of its committees or subcommittees, constitutional committees or division
thereof, or of any provincial board or city or municipal council or board.

2) That the offender who may be any person prevents such meeting by force or
fraud.

Article 144. Disturbance of proceedings - The penalty of arresto mayor or a fine

from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000)
shall be imposed upon any person who disturbs the meetings of Congress or of any
of its committees or subcommittees. Constitutional Commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board,
or in the presence of any such bodies should behave in such manner as to
interrupt its proceedings or to impair the respect due it."

Elements:

1) That there be a meeting of the National Assembly or any of its committees or

subcommittees, constitutional commission or committees or division thereof,
or of any provincial board or city or municipal council or board.
2) That the offender does any of the following acts:

a) He disturbs any of such meetings

b) He behaves while in the presence of any of such bodies in such a
manner as to interrupt its proceedings or to impair the respect due to
it.

Section Two. - Violation of parliamentary immunity

Article 145. Violation of parliamentary immunity. - The penalty of prision

mayor shall be imposed upon any person who shall use force, intimidation,
threats, or fraud to prevent any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his vote; and the penalty
of prision correccional shall be imposed upon any public ofcer or employee who
shall, while the Assembly (Congress) is in regular or special session, arrest or
search any member thereof, except in case such member has committed a crime

PREPARED BY: ATTY. RECSON B. BANGIBANG

21
punishable under this Code by a penalty higher than prision mayor.

Acts punishable:

1) By using force, intimidation, threats, or frauds to prevent any member of the

National Assembly from:

a) Attending the meetings of the National Assembly or of any of its

committees or
subcommittees, constitutional commission or committees or divisions
thereof.
b) From expressing his opinions.
c) Casting his votes.

2) By arresting or searching any member thereof while the National Assembly is

in regular or special session, except in case such member has committed a
crime punishable under the code by a penalty of prision mayor or higher.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

ARTICLE 146 - Illegal Assemblies

The crime/act being punished under this article is the holding of a

meeting/assembly and attendance of such meeting for the purpose of
committing any of the crimes punishable under the RPC.

Meeting – It includes any gathering or group whether in fixed place or moving.

2 forms of illegal assembly

1. Any meeting attended by armed persons for the purpose of committing any
of the crimes punishable under the RPC.

The meeting in this first form of illegal assembly must be attended by armed
persons. It is not however necessary that all the audience must be armed.
The law doest not state the number of armed persons. It is said that a good
number, say, at least four must be armed.

An unarmed person merely present in the meeting under this form of illegal
assembly is liable but must have a common intent to commit a felony with
the other offenders otherwise, if the said person was present in the said
meeting out of curiosity, he is not liable.

2. Any meeting in which the audience whether armed or not is incited to the
commission of the crime of TRIS or assault upon a person in authority or his
agents.

It is necessary in this second form of illegal assembly that the audience

whether armed or not must be incited to the commission of TRIS or direct
assault.

PREPARED BY: ATTY. RECSON B. BANGIBANG

22
 Take note that in illegal assembly, the persons liable are the organizers or
leaders and the persons merely present at the meeting. Thus the person
who incites others to the commission of the crimes of TRIS under the
second form of illegal assembly is liable for Inciting to rebellion or
sedition.

If a person attending the said meeting (whether in the frst form or

second form of illegal assembly) is in possession of an unlicensed
frearm, it shall be presumed in so far as he is concerned that the said
meeting is to commit acts punishable under the RPC. Moreover, he/she
shall be presumed to be the leader or organizer of the said meeting.

ARTICLE 147. Illegal Association

The crime/act being punished under this article is the act of organizing or
forming an association and membership in such association which is illegal. An
association is considered illegal if the purpose of such association is to commit any
of the crimes punishable under the RPC or if the purpose is contrary to morals.

Persons liable for illegal association.

a. Founders, directors and president of the association

b. Members of the association

Note.

The Communist Party of the Philippines has been declared as per Anti-
Subversion Act (R.A. No. 1700) to be an organized conspiracy to overthrow the
government, hence, declared as illegal and outlawed. This includes other
organizations and associations having the same purpose.

ILLEGAL ASSEMBLY VERSUS ILLEGAL ASSOCIATION

It is necessary that there is an It is not necessary that there is an

actual meeting or assembly of actual meeting.
armed persons for purposes of
committing any of the crimes
punishable under the RPC, or
individuals who although not armed
but were incited during the said
meeting to commit TRIS.
It is the meeting and attendance at It is the act of forming or organizing
such meeting that are punished. an association and membership in
the said association that are
punished.
The persons liable are: The persons liable are: Founders,
Organizers or leaders of the meeting directors and presidents Members
Persons present at the said meeting
The purpose is to commit a felony or The purpose is to commit a felony or
to incite the audience to commit act, which is contrary to public
treason, rebellion, sedition or direct mora. e.i. offense punishable under
assault special law.

PREPARED BY: ATTY. RECSON B. BANGIBANG

23
 Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN
AUTHORITY AND THEIR AGENTS

ARTICLE 148 - Direct Assault- Any persons who, without a public uprising, shall
employ force or intimidation for the attainment of any of the purposes enumerated
in defining the crimes of rebellion and sedition, or shall attack, employ force, or
seriously intimidate or resist any person in authority of any of his agents, while
engaged in the performance of ofcial duties, or on occasion of such performance,
shall suffer the penalty of prisión correccional in its medium and maximum
periods and a fine not exceeding Two hundred thousand pesos (₱200,000), when
the assault is committed with a weapon or when the offender is a public ofcer or
employee, or when the offender lays hands upon a person in authority. If none of
these circumstances be present, the penalty of prisión correccional in its minimum
period and a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed."

Two ways of committing direct assault

1. Without public uprising, by employing force or intimidation for the

attainment of any of the purposes of rebellion and sedition;
2. Without public uprising, by attacking, employing force or by seriously
intimidating or seriously resisting any person in authority or any of his
agents while engaged in the performance of ofcial duty or on occasion of
such performance.

Elements of the First form of Direct Assault

1. The offender employs force or intimidation.

2. The aim or purpose of the offender is to attain any of the purpose of rebellion
or any of the objects of sedition.
3. There is no public uprising.

Elements of 2nd form of direct assault:

1) That the offender (a) makes an attack, (b) by employing force, (c) makes a
serious intimidation or (d) makes a serious resistance.
2) That the person assaulted is a person in authority or his agent.
3) That at the time of the assault the person in authority or his agent:
(a) is engaged in actual performance of ofcial duties; or
(b) that he is assaulted by reason of past performance of ofcial duties.
4) That the offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties
5) That there is no public uprising.

PERSONS IN AUTHORITY

Any person directly vested with jurisdiction, whether as an individual or as a

member of some court or government corporation, board or commission, shall be
deemed a person in authority. A barrio captain and a barangay chairman shall

PREPARED BY: ATTY. RECSON B. BANGIBANG

24
also be deemed a person in authority.

Teachers, professors, and persons charged with the supervision of public or

duly recognized private schools, colleges and universities, shall be deemed person
in authority.

AGENT OF A PERSON IN AUTHORITY

A person who by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of the public order and the
protection of life and property, such as, barrio councilman, barrio policemen and
barangay leader and any person who comes to the aid of person in authority.

Requiring Degree of Force, intimidation, or Resistance for liability to attach under

the Article:

FORCE EMPLOYED INTIMIDATION

RESISTANCE
Person in Authority Need not be serious Must be serious
Agent Must be of serious Must be serious
character
ASSAULT UPON AN AGENT OF A PERSON IN AUTHORITY

a. Simple Assault -if the attack or employment of force, resistance or

intimidation against an agent of a person in authority is not serious, the crime
is not direct assault because intent to defy the law and its representative at all
hazard, which is an important element of this crime, is not present.

If the use of physical force against agents of persons in authority is not

serious, the offense is not direct assault, but resistance or disobedience. In this
case where X grabbed the shirt of Ofcer Y then slapped and kicked him
several times, it was held that the exerted force is not dangerous, grave, or
severe enough to warrant the penalties attached to the crime of direct assault.
(Mallari v. People, G.R. No. 224679)

b. Serious Assault-if the attack or employment of force, resistance or

intimidation, against an agent of a person in authority is serious, which shows
intent to defy the law and its representative at all hazard, direct assault is
committed.

Direct assault may be committed upon a private person who comes to the aid
of a person in authority since he is then considered an agent of a person in
authority.

General Rule: Direct assault is always complexed with the material

consequence of the act (Ex. Direct Assault with Murder).

Exception: If resulting in slight physical injuries, the consequent crime is

absorbed.

PREPARED BY: ATTY. RECSON B. BANGIBANG

25
Qualifying Circumstances

a. When the assault is committed with a weapon

b. When the offender is a public ofcer or employee
c. When the offender lays hand upon a person in authority.

ARTICLE 149. INDIRECT ASSAULT

Any person who shall make use of force or intimidation upon any person coming to
the aid of the authorities or their agents on occasion of the commission of any of
the crimes defined in the next preceding article.

ELEMENTS:

1. That a person in authority or his agent is the victim of any of the forms of
direct assault defined in Article 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.

NOTES:

1. Because of the amendment in Art. 152 by R.A. No. 1978, a private individual
coming to the aid of a person in authority is himself deemed an agent of the
person in authority. Thus, the rules are:

a) If the victim is a PA who is subject of a direct assault, and the third

person coming to his aid (who then becomes an APA) is likewise
attacked, the crime committed against the third person will be direct
assault, resistance or disobedience depending on the degree of force or
violence used by the offender;
b) If the victim is an APA, it depends:

i. If direct assault is being committed against the APA, the attack

against the third person will constitute indirect assault; or
ii. If only resistance or disobedience is being committed against the
agent, the attack against the third person is either physical
injuries or coercion as the case may be.

2. The offended party in indirect assault may be a private person. Art. 149 states
that the use of force or intimidation must be made “upon any person coming to
the aid of a person in authority. (Reyes, The Revised Penal Code: Book Two,
2017, p.49)

3. Indirect assault can be committed only when a direct assault is also

committed. (Ibid.)

ARTICLE 150. DISOBEDIENCE TO SUMMON ISSUED BY THE NATIONAL

ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR
DIVISIONS.

PREPARED BY: ATTY. RECSON B. BANGIBANG

26
ACTS PUNISHED UNDER ARTICLE 150:

1. By refusing, without legal excuse, to obey summons of the National

Assembly, its special or standing committees, subcommittees, the
Constitutional commissions or committee chairman or member authorized to
summon witnesses
2. By refusing to be sworn or placed under afrmation while being before such
legislative or constitutional body or ofcial
4. By refusing to answer any legal inquiry or to produce any books, papers,
documents or record in his possession, when required by them to do so in
the exercise of their functions
5. By restraining another from attending as a witness in such legislative or
constitutional body
6. By inducing disobedience to a summon or refusal to be sworn by any such
body or ofcial

ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSON.

The penalty of arresto mayor and a fine not exceeding One hundred thousand
pesos (₱100,000) shall be imposed upon any person who not being included in the
provisions of the preceding articles shall resist or seriously disobey any person in
authority, or the agents of such person, while engaged in the performance of
ofcial duties.

"When the disobedience to an agent of a person in authority is not of a serious

nature, the penalty of arresto menor or a fine ranging from Two thousand pesos
(₱2,000) to Twenty thousand pesos (₱20,000) shall be imposed upon the offender."

ELEMENTS OF RESISTANCE AND SERIOUS DISOBEDIENCE

1. That a person in authority or his agent is engaged in the performance of

ofcial duty or gives lawful order to the offender
2. That the offender resists or seriously disobeys such person in authority or
his agent
3. That the act of the offender is not included in the provisions of articles 148,
149 and 150.

ELEMENTS OF SIMPLE DISOBEDIENCE

1. That an agent of a person in authority is engaged in the performance of

ofcial duty or gives a lawful order to the offender
2. That the offender disobeys such agent of a person in authority
3. That such disobedience is not of a serious nature

ARTICLE 152. PERSON IN AUTHORITY AND AGENTS OF PERSON IN

AUTHORITY

Person authority-any person directly vested with jurisdiction, whether as an

individual or as a member of some court or governmental corporation, board or
commission.

A. Barangay captain

PREPARED BY: ATTY. RECSON B. BANGIBANG

27
 B. Barangay chairman
C. Teachers
D. Professors
E. Persons charged with the supervision of public or duly recognized private
schools, college and universities.
F. Lawyers in the actual performance of their professional duties or on the
occasion of such performance

Agent of person in authority-any person who by direct provision of law or by

election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property.

A. Barrio councilman
B. Barrio policeman
C. Barangay leader
D. Any person who comes to the aid of persons in authority

Section 388 of the Local Government Code provides that for purpose of the RPC,
the punong barangay, sangguniang barangay members and the members of the
lupong tagapamayapa in each barangay ofcials and the members who may be
designated by law or ordinance and charged with the maintenance of public order,
protection and the security of life, property or the maintenance of a desirable and
balanced environment, and any barangay members who comes to the aid of
persons in authority shall be deemed Agent of persons in authority.

Chapter Five
PUBLIC DISORDERS

ARTICLE 153-160 Public Disorder

Article 153- Tumults and other Disturbances of Public Order

Punishable Acts:

1. Causing any serious disturbance in a public place, ofce or establishment

2. Interrupting or disturbing public performances, functions or gatherings, or
peaceful meetings
3. Making an outcry tending to include rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which provoke a disturbance of public order
in such place
5. Burying with pomp the body of a person who has been legally executed

a. The penalty next higher in degree shall be imposed upon persons

causing any disturbance or interruption of a character.
b. It is tumultuous if caused by more than three persons who are armed
or provided with the means of violence.
c. Serious disturbance must be planned or intended.

PREPARED BY: ATTY. RECSON B. BANGIBANG

28
 Outcry- to shout spontaneously subversive or provocative words tending to stir up
the people so as to obtain by means of force or violence any of the objects of
rebellion or sedition
 Burying with pomp the body of a person -ostentatious display of a burial

Article 154- Unlawful use of Means of Publication and Unlawful Utterances

Punishable Acts:

a. Publishing or causing to be published as news any false news which may

endanger the public order, or cause damage to the interest or credit of the
State
b. Encouraging disobedience of the law or to the constituted authorities or by
praising, justifying or extolling any act punished by law, by the same means
or by words, utterances or speeches
c. Maliciously publishing or causing to be published any official resolution or
document without authority, or before they have been published
officially
d. Printing, publishing or disturbing (or causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printers’ name, or which
are classified as anonymous

Republic Act No. 248 prohibits the reprinting, reproduction or republication of

government publications and ofcial documents without previous authority.

Article 155- Alarms and Scandals

Punishable Acts:

1. Discharging any firearm, rocket, firecracker, or any explosive within any

town or public place, calculated to cause alarm or danger.

a. NOTE: The discharge of the firearm should not be directed at a person.

Otherwise, the offense committed would be Discharge of Firearms
under Article 254.
b. It is the result, not the intent that counts. Act must produce alarm or
danger as a consequence.

2. Instigating or taking an active part in any charivari or other disorderly

meeting offensive to another or prejudicial to public tranquility.

Charivari- includes a medley of discordant voices, a mock serenade of

discordant noises made in kettles, tin, horns, etc. designed to annoy or
insult

3. Disturbing the public peace while wandering about at a night or while

engaged in any other nocturnal amusements.

PREPARED BY: ATTY. RECSON B. BANGIBANG

29
 4. Causing any disturbance or scandal in public while intoxicated or otherwise,
provided Article 153 is not applicable.

a. If the disturbance is of a serious nature, the case will fall under Article
153.

Article 156- Delivering Prisoners from Jail

Committed in two Ways:

1. By removing a prisoner confined in jail or penal institution – to take away a

person from confinement with or without the active participation of the
person released
2. By helping said person to escape – furnish material means to facilitate
escape

Elements:
a) That there is a person confined in a jail or penal establishment
b) That the offender removes such person, or helps the escape of such
person

The prisoner may be a detention prisoner or one sentenced by virtue of final

judgment. This article applies even if the prisoner is in the hospital or
asylum when he is removed or when the offender helps its escape, because
it’s considered as an extension of the penal institution.

Chapter Six
EVASION OF SERVICE OF SENTENCE

Article 157- Evasion of Service of Sentence

Elements:

1. That the offender is convicted by fnal judgment

2. That he is serving his sentence which consists in deprivation of liberty
3. That he evades the service of his sentence by escaping during the term of his
sentence

Circumstances Qualifying the Ofense

1. By means of unlawful entry (should be “by scaling”)

2. By breaking doors, windows, gates, walls, roof, or floors
3. By using picklocks, false keys, disguise, deceit, violence or intimidation
4. Through connivance with other convicts or employees of the penal institution

 Minor delinquents who escape confinement are not liable for evasion of
service of sentence.

PREPARED BY: ATTY. RECSON B. BANGIBANG

30
  Article 157 is applicable to sentence by destierro

Article 158- Evasion of Sentence on the Occasion of Disorders,

Confagrations, Earthquakes, or other Calamities

Elements:

1. That the offender is convicted by final judgment and is confined in a penal

institution
2. That there is disorder resulting from: conflagration earthquake, explosion,
similar catastrophe, mutiny in which he has not participated
3. That the offender leaves the penal institution where he is confined, on the
occasion of such disorder or during the mutiny
4. That the offender fails to give himself up to the authorities within 48 hours

 If the ofender fails to give himself up, he shall sufer an increase of 1/5 of
the time still remaining to be served under the original sentence, which shall
not exceed 6 months.
 If the ofender gives himself up, he is entitled to a deduction of 1/5 his
original sentence.

Article 159- Other cases of Evasion of Sentence

The penalty of prision correccional in its minimum period shall be imposed upon
the convict who, having been granted conditional pardon by the Chief Executive,
shall violate any of the conditions of such pardon. However, if the penalty remitted
by the granting of such pardon be higher than six years, the convict shall then
suffer the unexpired portion of his original sentence.

Elements:

1. That the offender was a convict

2. That he was granted a conditional pardon by the Chief Executive
3. That he violated any of the conditions of such pardon

 Violation of a conditional pardon is a distinct crime

 A conditional pardon is a contract between the Chief Executive who grants the
pardon and the convict who accepts it.

Offender can be arrested and re-incarcerated without trial – in accordance with

Section 64 of the Revised Administrative Code

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE

Article 160- Commission of another Crime during the Service of Penalty

PREPARED BY: ATTY. RECSON B. BANGIBANG

31
imposed for another previous Ofense

Quasi-recidivism – is a special aggravating circumstance where a person, after

having been convicted by final judgment, shall commit a new felony before
beginning to serve such sentence, or while serving the same.

He shall be punished by the maximum period of the penalty prescribed by law for
the new penalty.

*Elements:

1) That the offender was already convicted by final judgment of one offense.
2) That he committed a new felony before beginning to serve such sentence or
while serving the same.

The second crime must be a felony (RPC) – but the first crime for which the
offender is serving sentence need not be a felony.

The new offense need not be of different character from that of the former offense.

Quasi-recidivism does not require that the two offenses are embraced in the same
title of the code – only in recidivism that it is required – article 14 no. 9

Quasi-recidivism vs. Reiteracion

Reiteracion requires that the offender against whom it is considered shall have
served out his sentences for the prior offenses.

But only a convict who is not a habitual criminal shall be pardoned

Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter One
FORGERIES

Section One. - Forging the seal of the Government of the Philippine Islands, the
signature or stamp of the Chief Executive.

Article 161- Counterfeiting the great seal of the Government of the

Philippine Islands, the signature and stamp of the Chief Executive

Acts punished:

1. Forging the great seal of the Government of the Philippines

2. Forging the signature of the President
3. Forging the stamp of the President

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32
 If the signature of the president is forged, it is not falsifcation of
public document, but forging the signature of the Chief Executive

Article 162- Use of forged Signature, Counterfeit Seal or Stamp.-

The penalty of prision mayor shall be imposed upon any person who shall
knowingly make use of the counterfeit seal or forged signature or stamp mentioned
in the preceding article.

Elements:

1. That the seal of the Republic was counterfeited, or signature or stamp of the
Chief Executive was forged by another person
2. That the offender knew of the counterfeiting or forgery
3. That he used the counterfeit seal or forged signature or stamp

 The offender must not be the forger otherwise the crime committed is forgery under
Article 161.

 In using the forged seal, signature or stamp of the President, the participation of
the offender is in effect that of an accessory. Although the general rule is that he
should be punished by a penalty 2 degrees lower, he will be punished by only 1
degree lower under Article 162.

Section Two. - Counterfeiting Coins

Article 163- Making, Importing and Uttering False Coins- Any person who
make, imports, or utters false coins, in connivance with counterfeiters, or
importers, shall suffer:

1. Prisión correccional in its minimum and medium periods and a fine not to
exceed Four hundred thousand pesos (₱400,000), if the counterfeited coins be any
of the coinage of the Philippines.

2. Prisión correccional in its minimum period and a fine not to exceed Two
hundred thousand pesos (₱200,000), if the counterfeited coin be currency of a
foreign country."

Elements:

1. That there be false or counterfeited coins

2. That the offender either made, imported or uttered such coins
3. That in case of uttering false or counterfeited coins, he connived with the
counterfeiters or importers

Note: Utter its meaning

To utter is to pass counterfeit coins. It includes their delivery or the act of giving
them away. A counterfeit coin is uttered when it is paid, when the offender is

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33
caught counting the counterfeit coins preparatory to the act of delivering them
even though the utterer may not obtain the gain intended.

Kinds of Coins the Counterfeiting is Punished:

1.Silver coins of the Philippines or coin of the Central Bank

2.Coin of the minor coinage of the Philippines or the Central Bank
3.Coin of the currency of a foreign country

Art. 164- Mutilation of coins; Importation and utterance of mutilated coin.

Acts Punished:

a. Mutilating coins of the legal currency, with the further requirement that
there be intent to damage or defraud another
b. Importing or uttering such mutilated coins, with the further requirement
that there must be connivance with the mutilator or importer in case of
uttering.

Note: Mutilation means to take off part of the metal by filling it or substituting it
for another metal of inferior quality. It is intended to diminish the metal value of
the coin.

Article 165- Selling of false or mutilated coin, without connivance

Acts Punished:

a. Possession of coin, counterfeited or mutilated by another with intent to utter

the same, knowing that it is false or mutilated
b. Actually uttering false or mutilated coin, knowing it to be false or mutilated

Article 166- Forging treasury, bank notes or other documents, and uttering
the same

Acts Punished:

a. Forging or falsification of treasury or bank notes or other documents payable

to bearer
b. Importation of the same
c. Uttering the same in connivance with forgers or importers

What may be forged or falsified? (Under Art166)

a. Treasury or bank notes

b. Certificates
c. Other obligations and securities, payable to bearer

Article 167- Counterfeiting, importing and uttering instrument not payable to

bearer

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Any person who shall forge, import or utter, in connivance with the forgers or
importers, any instrument payable to order or other document of credit not
payable to bearer.

Elements:
1. That there be an instrument payable to order or other document of credit not
payable to bearer
2. That the offender either forged imported or uttered such instrument
3. That in case of uttering, he connived with the importer or forger

Article 168- Illegal possession and use of false treasury or bank notes and
other instruments

Unless the act be one of those coming under the provisions of any of the preceding
articles, any person who shall knowingly use or have in his possession, with intent
to use any of the false or falsified instruments referred to in this section, shall
suffer the penalty next lower in degree than that prescribed in said articles.

Elements:

1. That the treasury, bank note, certificate, or other obligation and securities
payable to bearer, other instrument payable to order, or other document of
credit not payable to bearer is forged or falsified by another
2. That the offender knows that any of these instruments is forged or falsified.
3. That he performs any of these acts:
a. using any of such forged or falsified instruments
b. Possession with intent to use, any of the forged or falsified documents

Article 169- How Forgery is Committed

How committed:

1. By giving to treasury, bank note, or any instrument payable to bearer, or to

order the appearance of a true and genuine document
2. By erasing, substituting, or altering by any means the figures, letters, words,
or signatures contained therein.
3. Presidential Decree No. 247 penalizes defacement, mutilation, tearing,
burning or destroying of Central Bank notes and coins.
4. It includes falsification and counterfeiting.

Section Four. - Falsifcation of legislative, public, commercial, and private

documents, and wireless, telegraph, and telephone message.

Article 170. Falsifcation of legislative documents. –

How committed:

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35
Any person who, without proper authority therefor alters any bill, resolution, or
ordinance enacted or approved or pending approval by either House of the
Legislature or any provincial board or municipal council.

Article 171. Falsifcation by public officer, employee or notary or ecclesiastic

minister. - How committed:

Any public ofcer, employee, or notary who, taking advantage of his ofcial
position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes
its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy
a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or ofcial book.

The same penalty shall be imposed upon any ecclesiastical minister who shall
commit any of the offenses enumerated in the preceding paragraphs of this article,
with respect to any record or document of such character that its falsification may
affect the civil status of persons.

Article 172. Falsifcation by private individual and use of falsifed documents.

–

How committed:

1. Any private individual who shall commit any of the falsifications enumerated
in the next preceding article in any public or ofcial document or letter of
exchange or any other kind of commercial document; and
2. Any person who, to the damage of a third party, or with the intent to cause
such damage, shall in any private document commit any of the acts of
falsification enumerated in the next preceding article.
3. Any person who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who, with the intent to cause such
damage, shall use any of the false documents embraced in the next
preceding article, or in any of the foregoing subdivisions of this article, shall
be punished by the penalty next lower in degree.

FOUR KINDS OF DOCUMENT

PRIVATE- a deed between private individuals by which something is proved,

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 evidenced or set forth and for which a notary public or authorized person has
not intervened. A private document becomes public after it had been
notarized or made part of public record
PUBLIC- a private document that has been notarized, one that has been part
of public record.
OFFICIAL- its issuance is mandated by law and in performance of ofcial
duty.
COMMERCIAL- one that is prepared in accordance with mercantile laws.

Article 173. Falsifcation of wireless, cable, telegraph and telephone

messages, and use of said falsifed messages. –

How committed:

Any ofcer or employee of the Government or of any private corporation or concern

engaged in the service of sending or receiving wireless, cable or telephone message
who utters a fictitious wireless, telegraph or telephone message of any system or
falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party
or with the intent of cause such prejudice, shall suffer the penalty next lower in
degree.

Section Five. - Falsifcation of medical certifcates, certifcates of merit or services

and the like.

Article 174. False medical certifcates, false certifcates of merits or service,

etc. - The penalties of arresto mayor in its maximum period to prision correccional
in its minimum period and a fine not to exceed Two hundred thousand pesos
(₱200,000) shall be imposed upon:

1. Any physician or surgeon who, in connection, with the practice of his

profession, shall issue a false certificate; and
2. Any public ofcer who shall issue a false certificate of merit of service, good
conduct or similar circumstances.

The penalty of arresto mayor shall be imposed upon any private person who shall
falsify a certificate falling within the classes mentioned in the two preceding
subdivisions.

Article 175. Using false certifcates. - The penalty of arresto menor shall be
imposed upon any one who shall knowingly use any of the false certificates
mentioned in the next preceding article.

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Article 176. Manufacturing and possession of instruments or implements for
falsifcation. - The penalty of prisión correccional in its medium and maximum
periods and a fine not to exceed One million pesos (₱1,000,000) shall be imposed
upon any person who shall make or introduce into the Philippines any stamps,
dies, marks, or other instruments or implements intended to be used in the
commission of the offenses of counterfeiting or falsification mentioned in the
preceding section of this Chapter.

"Any person who, with the intention of using them, shall have in his possession
any of the instruments or implements mentioned in the preceding paragraphs,
shall suffer the penalty next lower in degree than that provided therein."

Chapter Two
OTHER FALSITIES

Section One. - Usurpation of authority, rank, title, and improper use of names,
uniforms and insignia.

Article 177. Usurpation of authority or official functions. – How committed

Any person who shall knowingly and falsely represent himself to be an ofcer,
agent or representative of any department or agency of the Philippine Government
or of any foreign government, or who, under pretense of ofcial position, shall
perform any act pertaining to any person in authority or public ofcer of the
Philippine Government or any foreign government, or any agency thereof, without
being lawfully entitled to do so.

Two offenses in Article 177:

a) Usurpation of authority
b) Usurpation of ofcial functions

Two ways of committing the crime:

1) By knowingly and falsely representing oneself to be an ofcer, agent or

representative of any department or agency of the Philippine government or
any foreign government.
2) By performing any act pertaining to any person in authority or public ofcer
of the Philippine government or of a foreign government or any agency
thereof, under pretense of ofcial position, and without being lawfully
entitled to do so.

Article 178. Using fctitious name and concealing true name. –

The penalty of arresto mayor and a fine not to exceed One hundred thousand pesos
(₱100,000) shall be imposed upon any person who shall publicly use a fictitious
name for the purpose of concealing a crime, evading the execution of a judgment or
causing damage. Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to exceed Forty
thousand pesos (₱40,000).

Elements: (Using fctitious name)

1) That the offender uses a name other than his real name.

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 2) That he uses that fictitious name publicly.
3) That the purpose of the offender is:

a) To conceal a crime;
b) To evade the execution of a judgment; or
c) To cause damage to public interest.

Commonwealth Act no. 142, Sec 1 – except a spseudonym solely for literary,
cinema, television, radio or other entertainment purposes and in athletic events
where the use of pseudonym is a normally accepted practice, no person shall use
any name difff

Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor
shall be imposed upon any person who shall publicly and improperly make use of
insignia, uniforms or dress pertaining to an ofce not held by such person or to a
class of persons of which he is not a member.

Elements:

1) That the offender makes use of insignia, uniform or dress.

2) That the insignia, uniform or dress pertains to an ofce not held by the
offender or to a class of persons of which he is not a member.
3) That said insignia, uniform or dress is used publicly and improperly.

FALSE TESTIMONY

False testimony defned.

False testimony is committed by a 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.

What are the three forms of false testimony?

1. False testimony in criminal cases (Art. 180 and 181)

2. False testimony in civil cases (Art. 182)
3. False testimony in other cases (Art. 183)

Section Two. - False testimony

Article 180. False testimony against a defendant. – How committed:

Any person who shall give false testimony against the defendant in any criminal
case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall have
been sentenced to death;
2. The penalty of prision mayor, if the defendant shall have been sentenced to
reclusion temporal or reclusion perpetua;

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39
 3. The penalty of prision correccional, if the defendant shall have been
sentenced to any other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a fine, or shall have been acquitted.
5. In cases provided in subdivisions 3 and 4 of this article the offender shall
further suffer a fine not to exceed Two hundred thousand pesos (₱200,000).

Elements:

1) That there be a criminal proceeding. Self-Regulated Learning Module

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.

Article 181. False testimony favorable to the defendants. –

Any person who shall give false testimony in favor of the defendant in a criminal
case, shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period a fine not to exceed Two hundred thousand
pesos (₱200,000), if the prosecution is for a felony punishable by an afflictive
penalty, and the penalty of arresto mayor in any other case.

Article 182. False testimony in civil cases. –

Any person found guilty of false testimony in a civil case shall suffer the penalty of
prisión correccional in its minimum period and a fine not to exceed One million
two hundred thousand pesos (₱1,200,000), if the amount in controversy shall
exceed One million pesos (₱1,000,000), and the penalty of arresto mayor in its
maximum period to prisión correccional in its minimum period and a fine not to
exceed Two hundred thousand pesos (₱200,000), if the amount in controversy shall
not exceed said amount or cannot be estimated."

Elements:

1) That the testimony must be given in a civil case.

2) That the testimony must relate to the issues presented in said case.
3) That the testimony must be false.
4) That the false testimony must be given by the defendant knowing the
same to be false.
5) That the testimony must be malicious and given with an intent to
affect the issues presented in said case.

Article 182 is not applicable when false testimony is given in special proceedings.

Article 183. False testimony in other cases and perjury in solemn affirmation.
–

The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon any person, who knowingly makes

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40
untruthful statements and not being included in the provisions of the next
preceding articles, shall testify under oath, or make an affidavit, upon any
material matter before a competent person authorized to administer an oath
in cases in which the law so requires.

Any person who, in case of a solemn afrmation made in lieu of an oath, shall
commit any of the falsehoods mentioned in this and the three preceding articles of
this section, shall suffer the respective penalties provided therein.

Ways of committing perjury:

a) Falsely testifying under oath.

b) Making a false afdavit.

Elements of perjury:

1) That the accused made a statement under oath, or executed an afdavit

upon a material matter.
2) That the statement or afdavit was made before a competent ofcer,
authorized to receive and administer oath.
3) That in that statement or afdavit, the accused made a willful and deliberate
assertion of a falsehood.
4) That the sworn statement or afdavit containing the falsity is required by
law.

False testimony before the justice of peace or fiscal during the preliminary
investigation may give rise to the crime of perjury.

Article 184. Ofering false testimony in evidence. –

Any person who shall knowingly offer in evidence a false witness or testimony in
any judicial or ofcial proceeding, shall be punished as guilty of false testimony
and shall suffer the respective penalties provided in this section.

Elements:

1) That the offender offered in evidence a false witness or false testimony.

2) That he knew the witness or the testimony was false.
3) That the offer was made in a judicial or ofcial proceeding.

FORGERY FALSIFICATION PERJURY FALSE

TESTIMONY
The subject is the subject matter Testimony given Oral testimony
treasury note, is private, public, in given in court

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 bank note, or official or administrative or judicial
any instrument commercial proceedings, proceedings, for
payable to order documents not congressional or against an
or bearer. If required by law bodies and accused or
other document, generally to be hearings, not in respondent in
it is falsification sworn to, judicial civil or criminal
otherwise it is proceedings cases.
perjury otherwise it is a
false testimony.
Likewise, false
narration of
material
matters in
sworn
statements,
required by law
to be given under
oath if not so
required, it is
falsification.

Chapter Three
FRAUDS

Section One. - Machinations, monopolies and combinations

Chapter Three
FRAUDS

Section One. - Machinations, monopolies and combinations

Article 185. Machinations in public auctions. - Any person who shall solicit any
gift or promise as a consideration for refraining from taking part in any public
auction, and any person who shall attempt to cause bidders to stay away from an
auction by threats, gifts, promises, or any other artifice, with intent to cause the
reduction of the price of the thing auctioned, shall suffer the penalty of prision
correccional in its minimum period and a fine ranging from 10 to 50 per centum of
the value of the thing auctioned.

Article 186. Monopolies and combinations in restraint of trade. - The penalty

of prision correccional in its minimum period or a fine ranging from 200 to 6,000
pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in
any conspiracy or combination in the form of a trust or otherwise, in restraint of
trade or commerce or to prevent by artificial means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or

commerce, or shall combine with any other person or persons to monopolize and

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merchandise or object in order to alter the price thereof by spreading false rumors
or making use of any other article to restrain free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any

merchandise or object of commerce or an importer of any merchandise or object of
commerce from any foreign country, either as principal or agent, wholesaler or
retailer, shall combine, conspire or agree in any manner with any person likewise
engaged in the manufacture, production, processing, assembling or importation of
such merchandise or object of commerce or with any other persons not so similarly
engaged for the purpose of making transactions prejudicial to lawful commerce, or
of increasing the market price in any part of the Philippines, of any such
merchandise or object of commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or of any article in the manufacture
of which such manufactured, produced, or imported merchandise or object of
commerce is used.

If the offense mentioned in this article affects any food substance, motor fuel or
lubricants, or other articles of prime necessity, the penalty shall be that of prision
mayor in its maximum and medium periods it being sufcient for the imposition
thereof that the initial steps have been taken toward carrying out the purposes of
the combination.

Any property possessed under any contract or by any combination mentioned in

the preceding paragraphs, and being the subject thereof, shall be forfeited to the
Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or

association, the president and each one of its agents or representatives in the
Philippines in case of a foreign corporation or association, who shall have
knowingly permitted or failed to prevent the commission of such offense, shall be
held liable as principals thereof.

Section Two. - Frauds in commerce and industry

Article 187. Importation and disposition of falsely marked articles or

merchandise made of gold, silver, or other precious metals or their alloys. -
The penalty of prisión correccional or a fine ranging from Forty thousand pesos
(₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed
upon any person who shall knowingly import or sell or dispose of any article or
merchandise made of gold, silver, or other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate the actual fineness or quality of
said metals or alloys.

"Any stamp, brand label, or mark shall be deemed to fail to indicate the actual
fineness of the article on which it is engraved, printed, stamped, labeled or
attached, when the test of the article shows that the quality or fineness thereof is
less by more than one-half karat, if made of gold, and less by more than four one-
thousandth, if made of silver, than what is shown by said stamp, brand, label or
mark. But in case of watch cases and flatware made of gold, the actual fineness of
such gold shall not be less than more than three one-thousandth than the fineness
indicated by said stamp, brand, label, or mark."

PREPARED BY: ATTY. RECSON B. BANGIBANG

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(Articles 188 and 189 of the Revised Penal Code were repealed by the Intellectual
Property Code [R.A.No. 8293], January 1, 1998)

Title Five

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

( Articles 190 to 194 of the Revised Penal Code were repealed by R.A. No. 9165
otherwise known as Comprehensive Dangerous Drugs Act of 2002)

Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One
GAMBLING AND BETTING

(Articles 195 to 199 of the Revised Penal Code are repealed by P.D. No. 1602. P.D.
1602 is modified by R.A. No. 9287)

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Grave Scandal – Article 200

Immoral Doctrines, Obscene Publications and Exhibitions Vagrancy and

Prostitutes

ARTICLE 200. Grave Scandal

Offender performs an act or acts which is highly scandalous being offensive

to decency or good customs and such act was committed in public place or within
public knowledge or public view.

Decency

Refers to the propriety of conduct or the proper observance of modesty and good
taste.

Customs

Refers to the established rules of action, usage or practice.

In grave scandal, the scandal involved is MORAL SCANDAL offensive to decency. It

does not refer to the scandal that disturbs or affect the public peace or public
tranquility for this is the crime of ALARMS and SCANDAL.

Any act which is notoriously offensive to decency will bring about the crime of
Grave Scandal provided such act does not constitute violation of other provisions
of the RPC. In grave scandal, it is necessary that the act/acts done must not fall
under the coverage of any other provision of the RPC.

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Hence, if a scandalous conduct such as acts of lasciviousness was committed in a
public place, the offender can not be prosecuted for the crime of grave scandal
because the acts fall under the crime of Acts of Lasciviousness under article 336 of
the RPC.

Distinction however should be made as to the place where the offensive act was
committed whether in a public place or in a private place.

If the scandalous act was performed or committed in a PUBLIC PLACE, criminal

liability for grave scandal will arise irrespective of whether the immoral act is open
to public view. In short public view is not required if the immoral act was
performed in a public place.

If an act offensive to decency is done in a PRIVATE PLACE, it is necessary that

such act be open to public view. Thus, public view or public knowledge is
necessary if the act was done in private place.

ILLUSTRATIONS:

A man and a woman enter a movie house which is a public place and then
occupy the darkest part of the balcony. Thereat, the man starts performing acts of
lasciviousness on the woman.

What crime/crimes is committed?

If it is against the will of the woman, the crime would be Acts of Lasciviousness.
But if there is mutuality, the crime is grave scandal even if they are the only ones
inside the movie house. Here public view is not necessary because the act was
performed in a public place.

Likewise when a man and a woman went to Burnham Park, slept thereat, covered
themselves with their blanket and made the grass as their conjugal bed. Crime is
grave scandal.

Article 201. Immoral doctrines, obscene publications and exhibitions and

indecent shows - The penalty of prisión mayor or a fine ranging from Twenty
thousand pesos (₱20,000) to Two hundred thousand pesos (₱200,000), or both
such imprisonment and fine, shall be imposed upon:

"1. Those who shall publicly expound or proclaim doctrines openly contrary to
public morals;

"2. a. The authors of obscene literature, published with their knowledge in any
form; the editors publishing such literature; and the owners/operators of the
establishment selling the same;

"b. Those who, in theaters, fairs, cinematographs or any other place, exhibit
indecent or immoral plays, scenes, acts or shows, it being understood that the
obscene literature or indecent or immoral plays, scenes, acts or shows, whether
live or in film, which are prescribed by virtue hereof, shall include those which: (1)
glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the
market for violence, lust or pornography; (3) offend any race or religion; (4) tend to

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45
abet trafc in and use of prohibited drugs; and (5) are contrary to law, public
orders, morals, and good customs, established policies, lawful orders, decrees and
edicts; and

"3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals."

Article 202. Prostitutes; Penalty. - For the purpose of this article, women who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct,
are deemed to be prostitutes.

"Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding Twenty thousand pesos
(₱20,000), and in case of recidivism, by arresto mayor in its medium period to
prisión correccional in its minimum period or a fine ranging from Twenty thousand
pesos (₱20,000) to Two hundred thousand pesos (₱200,000), or both, in the
discretion of the court."

(The crime of vagrancy, which was punishable under Article 202 of the Revised
Penal Code was decriminalized by R.A. No. 10158 dated March 27, 2012.)

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY PROVISIONS

ARTICLE 203. Public officers

Any person who by direct provision of law, popular election or appointment

by competent authority shall take part in the performance of public functions in
the government or its branches either as employee, agent or subordinate ofcal.

The person must be performing public functions.

His authority to perform public function must be by direct provision of law,

popular election or by appointment of competent authority.

To be a public ofcer, one must be:

1) Taking part in the performance of public functions in the government or

performing in said document or in any of its branches, public duties as an
employee, agent or subordinate ofcial, of any rank or class.
2) That his authority to take part in the performance of public functions or to
perform public duties must be:

a) By direct provision of the law

b) By popular election
c) By appointment by competent authority

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Government laborer is not a public ofcer. – But temporary performance of public
functions by a laborer makes him a public ofcer.

CRIMES COMMITTED BY PUBLIC OFFICERS COULD EITHER BE A

MALFEASANCE, MISFEASANCE and NONFEASANCE.

Malfeasance - The performance of an act which ought not to be done.

Misfeasance - The improper performance of an act which might be lawfully done
Nonfeasance - The omission or non-performance of an act which ought to be
performed

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. - Dereliction of duty

Article 204. Knowingly rendering unjust judgment. - Any judge who shall
knowingly render an unjust judgment in any case submitted to him for decision,
shall be punished by prision mayor and perpetual absolute disqualification.

Article 205. Judgment rendered through negligence. - Any judge who, by

reason of inexcusable negligence or ignorance shall render a manifestly unjust
judgment in any case submitted to him for decision shall be punished by arresto
mayor and temporary special disqualification.

Article 206. Unjust interlocutory order. - Any judge who shall knowingly render
an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in
its minimum period and suspension; but if he shall have acted by reason of
inexcusable negligence or ignorance and the interlocutory order or decree be
manifestly unjust, the penalty shall be suspension.

Article 207. Malicious delay in the administration of justice. - The penalty of

prision correccional in its minimum period shall be imposed upon any judge guilty
of malicious delay in the administration of justice.

Article 208. Prosecution of offenses; negligence and tolerance. - The penalty

of prision correccional in its minimum period and suspension shall be imposed
upon any public ofcer, or ofcer of the law, who, in dereliction of the duties of his
ofce, shall maliciously refrain from instituting prosecution for the punishment of
violators of the law, or shall tolerate the commission of offenses.

Article 209. Betrayal of trust by an attorney or solicitor.— Revelation of

Secrets. - In addition to the proper administrative action, the penalty of prisión
correccional in its minimum period, or a fine ranging from Forty thousand pesos
(₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed
upon any attorney-at-law or any person duly authorized to represent and/or assist
a party to a case who, by any malicious breach of professional duty or of
inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the
secrets of the latter learned by him in his professional capacity.

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"The same penalty shall be imposed upon an attorney-at-law or any person duly
authorized to represent and/or assist a party to a case who, having undertaken the
defense of a client or having received confidential information from said client in a
case, shall undertake the defense of the opposing party in the same case, without
the consent of his first client."

Section Two. - Bribery

WHAT IS BRIBERY (ART. 210)

It is a crime of a public ofcer who receives a gift, offer or promise by reason

or in connection with his ofce. It is the crime of the receiver. The crime of the
giver is corruption of public ofcers.

KINDS OF BRIBERY

DIRECT BRIBERY (ART. 210) – The public ofcer will do an act in consideration
of what he will receive OR will refrain from doing what he should do because of
what he receives.

1st Paragraph – the act constitutes a crime. Here mere agreement between the
public officer and the giver consummates the crime of Direct Bribery. (“shall
AGREE to perform an act constituting a crime”)

2nd Paragraph – the act does not constitute a crime. Here the public officer
must accept the gift. Mere agreement will not suffice to bring about the crime
of direct bribery under this paragraph. (“the gift was accepted by the public
officer”)

ELEMENTS OF DIRECT BRIBERY

1. This offense has four essential elements:

2. That the accused is a public ofcer with in the scope of Art. 203 of the RPC.
The accused received by himself or thru another some gift, offer or promise
3. That such gift, offer or promise had been given in consideration for the
performance of an act by public ofcers in connection with his ofce.
4. That such act to be performed by the public ofcer either constitutes a crime
or not constituting a crime.

ILLUSTRATION:

With out any understanding with the public ofcer, a taxi operator gave an
television set to the regional director of the LTFRB. After receiving the said
television set, the regional director found out that it was given by a taxi operator.
Here television set was given to the public ofcer BY REASON of his ofce or of his
position. The crime is only INDIRECT BRIBERY.

If the regional director of the LTFRB will call on to his subordinates to take
care of the taxi units of the operator so that the registration of the taxi units is
facilitated ahead of the
others. The crime will be DIRECT BRIBERY.

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 Also in DIRECT BRIBERY, determine whether the ofcial act to be done
constitutes a crime or not.

If it constitutes a crime, it is not necessary for the corruptor/giver to deliver

the consideration. Mere agreement between the giver and the public ofcer even
without the delivery of the consideration or the ofcer performing the act
amounting to a crime, direct bribery is committed by the public ofcer and
corruption of public ofcial on the part of the giver.

If the public ofcer will commit the act agreed upon, he as well as the giver will be
liable also for that crime.

INDIRECT BRIBERY – It is a crime of a public ofcer who shall accept gifts offered
to him by reason of his ofce. Here mere acceptance of a gift consummates the
crime of Indirect Bribery.

The public ofcer must do an act signifying his acceptance of the gift. Otherwise.
Indirect Bribery is not committed.

Note:

P.D No. 46
Prohibits giving and acceptance of gifts by or to a public ofcer even during
anniversaries or occasions.

QUALIFIED BRIBERY (Art. 211)

This is a crime committed by public ofcers who are entrusted with the
enforcement of the law and the arrest and prosecution of ofenders who has
committed a crime punishable by reclusion perpetua and/or death in
consideration of an offer, promise or gift.

Apparently, the public ofcers being referred to in this article are the PEACE
OFFICERS, they being the ones in charged with law enforcement and arrest of
offenders and also the PUBLIC PROSECUTORS, they being the ones in charged
with the prosecution of offenders.

Actually this is a kind of direct bribery where the bribe , offer, promise or gift has a
consideration on the part of a public ofcer and that is refraining from arresting or
prosecuting the offender in exchange of such offer, promise or gift.

But this crime however, arises only if the crime committed by the offender is
punishable by reclusion perpetua and/or death. Thus, if the crime committed by
the offender is punishable by a penalty LOWER than reclusion perpetua, such
nonfeasance of the public ofcer will bring about the crime of direct bribery and
NOT qualified bribery.

If the crime committed was QUALIFIED bribery, the dereliction of duty punished
under Art. 208 is absorbed because it also punishes public ofcer who “maliciously
refrain from instituting prosecution of law violators or shall tolerate the
commission of offenses”. Hence the crime of Dereliction of duty is necessarily
included in the crime of qualified bribery.

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On the other hand. If the crime committed was DIRECT bribery, the public ofcer
involved can still be prosecuted for DERELICTION OF DUTY under Art. 208. This is
so because the crime of Dereliction of Duty under Art. 208 is not absorbed by the
crime of direct bribery under Art. 210. The reason behind is that in the case of
direct bribery where the public ofcer agreed to perform an act constituting a crime
in connection with the performance of his ofcial duties, Art. 210 expressly provide
that the liability thereunder shall be “in addition to the penalty corresponding to
the crime agreed upon if the same shall have been committed.

ILLUSTRATION:

A fiscal, for sum of money, refrains from prosecuting a person charged before him.
If the penalty of the crime involved is reclusion perpetua and/or death, The fiscal
commits qualified bribery. If the crime involved however is punishable by a penalty
lower than reclusion perpetua, the crime committed by the fiscal is direct bribery.

If it is direct bribery the fiscal can still be charged for the crime of dereliction of
duty and the giver for corruption of public ofcial.

Article. 212. CORRUPTION OF PUBLIC OFFICIALS

Committed by any person who shall makes offer or promise or give gifts or
presents to the public ofcer under circumstances that will make the public ofcer
liable for direct bribery or indirect bribery.

Elements:

1) That the offender makes offer or promise or gives gift or present to a public
ofcer.
2) That the offer or promise are made or the gifts or presents given to a public
ofcer, under circumstances that will make the public ofcer liable for direct
bribery or indirect bribery.

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Article. 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR

OFFENSES

Acts punished:

1) By entering into an agreement with any interested party or speculator or

making use of any other scheme, to defraud the Government in dealing with
any person with regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public property or
funds.

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 2) By demanding, directly or indirectly, the payment of sums different from or
larger than those authorized by law, in the collection of taxes, licenses, fees
and other imposts.
3) By failing voluntary to issue a receipt, as provided by law, for any sum of
money collected by him ofcially, in the collection of taxes, licenses, fees and
other imposts.
4) By collecting or receiving, directly or indirectly, of payment or otherwise,
things or objects of a nature different from that provided by law, in the
collection of taxes, licenses, fees and other imposts.

*Elements of frauds against public treasury:

1) That the offender be a public ofcer.

2) That he should have taken advantage of his ofce, that is, he intervened in
the transaction in his ofcial capacity.
3) That he entered into an agreement with any interested party or speculator or
made use of any other scheme with regard to (1) furnishing supplies, (2) the
making of contracts, or (3) the adjustment or settlement of accounts relating
to public property or funds.
4) That the accused had intent to defraud the government.

The public ofcer must act in his ofcial capacity.

The crime of fraud against public treasury is consummated by merely entering into
an agreement with any interested party or speculator or by merely making use of
any other scheme to defraud the government.

Elements of illegal exactions:

1) That the offender is a public ofcer entrusted with the collection of taxes,
licenses, fees and other imposts.
2) That he is guilty of any of the following acts or omission –

a) Demanding, directly or indirectly, the payment of sums different

from or larger than those authorized by law.
b) Failing voluntarily to issue a receipt, as provided by law, for any
sum of money collected by him ofcially.
c) Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or object of a nature different from that provided
by law.

Article 214. Other frauds. - In addition to the penalties prescribed in the

provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of
temporary special disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public ofcer who, taking advantage of
his ofcial position, shall commit any of the frauds or deceits enumerated in said
provisions.

Elements:

1) That the offender is a public ofcer.

2) That he takes advantage of his position.

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 3) That he commits any of the frauds or deceits enumerated in articles 315-
318.

Articles 315 – 318 are estafa, other forms of swindling, swindling minor, and other
deceit.

Article 215. Prohibited transactions. - The penalty of prisión correccional in its

minimum period or a fine ranging from Forty thousand pesos (₱40,000) to Two
hundred thousand pesos (₱200,000), or both, shall be imposed upon any
appointive public ofcer who, during his incumbency, shall directly or indirectly
become interested in any transaction of exchange or speculation within the
territory subject to his jurisdiction."

Elements:

1) That the offender is an appointive public ofcer.

2) That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
3) That the transaction takes place within the territory subject to his
jurisdiction.
4) That he becomes interested in the transaction during his incumbency

Article 216. Possession of prohibited interest by a public ofcer. - The penalty

of arresto mayor in its medium period to prisión correccional in its minimum
period, or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred
thousand pesos (₱200,000), or both, shall be imposed upon a public ofcer who
directly or indirectly, shall become interested in any contract or business in which
it is his ofcial duty to intervene.

"This provision is applicable to experts, arbitrators and private accountants who,

in like manner, shall take part in any contract or transaction connected with the
estate or property in appraisal, distribution or adjudication of which they shall
have acted, and to guardians and executors with respect to the property belonging
to their wards or estate."

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

MALVERSATION OF PUBLIC FUNDS OR PROPERTY (Art. 217)

Malversation is otherwise called embezzlement.

Elements:

1) Offender is a public ofcer or employee.

2) That he has the custody or control of funds or property by reason of the
duties of his ofce.
3) Those funds or property were public funds or property for which he was
accountable.
4) He appropriated took, misappropriated or consented, or through
abandonment or negligence,

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 permitted another person to take them.

Offender is an accountable ofcer – is an ofcer in the course of the

performance of his duties receives funds or property from the government which he
has the obligation to account later.

Punishable act:

1) Appropriating public funds or property.

2) Taking or misappropriating the same.
3) Consenting, through abandonment or negligence, permitting any other
person to take such public funds.
4) Being otherwise guilty of the misappropriation or malversation of such funds
or property.

*Malversation of public funds and property can be committed either:

Positive act – through deliberate intent or through dolo, he is the one who
appropriates or misappropriates, who took the said public funds or property.

Passive act – through abandonment or negligent, or culpa, he allowed others to

appropriate or misappropriate the said public funds or property.

*There is prima facie presumption of malversation – when demand is made by

duly authorized ofcer to an accountable public ofcer to account for public funds
or property, and the same is not forthcoming. –

a. The public ofcer indeed receives the public funds or property. That
is, he is an accountable public ofcer.
b. The said public funds and property was missing, or there was a
shortage, or he cannot produce it.
c. The said public ofcer cannot give a justifiable reason, a legal excuse
for the said shortage or missing of public funds or property.

When a public ofcer had no authority to receive the money the government and
upon receipt of the same he misappropriates it, the crime committed is estafa and
not malversation.

A public ofcer having only a qualified charge of government property without

authority to part with physical possession of it unless upon order from his
immediate superior, cannot be held liable for malversation.

Even private parties who participate as co- perpetrators in the offense of

malversation could be penalized for the commission of such crime.

Demand is not an element in malversation

Demand merely raises prima facie presumption that missing funds or

property has been put to personal use. Crime is still committed when there are
enough evidence to prove it.

Demand is not an element in malversation

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53
 Demand merely raises prima facie presumption that missing funds or
property has been put to personal use. Crime is still committed when there are
enough evidence to prove it.

The provision of article 217 shall apply to article 222 when:

• Private individuals who. In any capacity whatsoever, have charge of national,

provincial or municipal funds, revenue or property.
• Any administrator or depositor of funds or property attached, seized or deposited
by public authority.

*Return of funds malversed is only mitigating.

Article 218. Failure of accountable ofcer to render accounts. - Any public

ofcer, whether in the service or separated therefrom by resignation or any other
cause, who is required by law or regulation to render account to the Commission
on Audit, or to a provincial auditor and who fails to do so for a period of two (2)
months after such accounts should be rendered shall be punished by prisión
correccional in its minimum period, or by a fine ranging from Forty thousand
pesos (₱40,000) to One million two hundred thousand pesos (₱1,200,000), or both."

Article 219. Failure of a responsible public ofcer to render accounts before

leaving the country. - Any public ofcer who unlawfully leaves or attempts to
leave the Philippines without securing a certificate from the Commission on Audit
showing that his accounts have been finally settled, shall be punished by arresto
mayor, or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred
thousand pesos (₱200,000, or both."

Article 220. Illegal use of public funds or property. (Technical Malversation)

- Any public ofcer who shall apply any public fund or property under his
administration to any public use other than for which such fund or property
were appropriated by law or ordinance shall suffer the penalty of prision
correccional in its minimum period or a fine ranging from one-half to the total of
the sum misapplied, if by reason of such misapplication, any damages or
embarrassment shall have resulted to the public service. In either case, the
offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty

shall be a fine from 5 to 50 per cent of the sum misapplied.

Elements:

1) That the offender is a public ofcer.

2) There is public fund or property under his administration.
3) Such public fund or property has been appropriated by law or ordinance.
4) That he applies the same to a public use other than that for which such
fund or property has been appropriated by law or ordinance.

*There is no technical malversation if there is no a law or ordinance appropriating

public fund or property for a particular purpose.

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*Technical malversation is not included in nor does it necessarily include the crime
of malversation of public funds.

Article 221. Failure to make delivery of public funds or property. - Any public
ofcer under obligation to make payment from Government funds in his
possession, who shall fail to make such payment, shall be punished by arresto
mayor and a fine from five (5) to twenty-five (25) percent of the sum which he failed
to pay.

"This provision shall apply to any public ofcer who, being ordered by competent
authority to deliver any property in his custody or under his administration, shall
refuse to make a delivery.

"The fine shall be graduated in such case by the value of the thing: Provided, That
it shall not be less than Ten thousand pesos (₱10,000)."

Acts punished:

1) By failing to make payment by a public ofcer who is under obligation to

make such payment from government funds in his possession.
2) By refusing to make delivery by a public ofcer who has been ordered by
competent authority to deliver any property in his custody or under his
administration.

Elements of failure to make payment:

1) The public ofcer has government funds in his possession.

2) He is under obligation to make payment from such funds.
3) He fails to make the payment maliciously.

Article 222. Ofcers included in the preceding provisions. - The provisions of

this chapter shall apply to private individuals who in any capacity whatever, have
charge of any insular, provincial or municipal funds, revenues, or property and to
any administrator or depository of funds or property attached, seized or deposited
by public authority, even if such property belongs to a private individual.

Private individuals who may be liable under 217-221:

1) Private individuals who, in any capacity whatever, have charge of any

national, provincial or municipal funds, revenue or property.
2) Administrator or depository funds or property, attached, seized or deposited
by public authority, even if such property belongs to a private individual.

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Section One. - Infdelity in the custody of prisoners

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Art. 223. Conniving with or consenting to evasion

Committed by any public ofcer who shall consent to the escape of prisoner
(sentenced or detention) in his custody or charge.

Article 224. Evasion through negligence

The prisoner escaped through the negligence of the public ofcer having custody.

Article 225. Escape of prisoner under the custody of a person not a public
officer. Committed by a private individual who consents to the escape of a prisoner
of person under arrest the custody of which is confided to him.

DISTINCTION OF EVASION OF SERVICE OF SENTENCE, INFEDILITY IN THE

CUSTODY OF PRISONER AND DELIVERY OF PRISONER FROM JAIL

EVASION OF INFEDILITY IN DELIVERY OF

SERVICE OF THE PRISONER
SENTENCE (Art. CUSTODY OF FROM JAIL (Art.
157) PRISONER (Art. 156)
223-225)
OFFENDER Convicted Custodian of the Person other
prisoner convicted or than the
detention custodian of the
prisoner convicted or
detention
prisoner
PRISONERS Must be a The person who The person who
convicted prisoner escaped in escaped through
and not merely a connivance with the help of the
detention prisoner or consent of or accused, is either
through a detention
negligence of the prisoner or
accused- convicted
custodian, is prisoner
either a
detention
prisoner
or convicted
prisoner
DOLO OR CULPA Committed by Committed by Committed by
means of dolo means of dolo means of dolo
and culpa. If
committed by
means of dolo
this crime can
be called

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 consenting to
evasion; if
committed by
means of culpa,
it can be called
evasion through
negligence
SENTENCE Penalty involves Penalty involves Penalty involves
deprivation of imprisonment imprisonment
liberty

Section Two. - Infdelity in the custody of document

Article 226. Removal, concealment or destruction of documents. - Any public

ofcer who shall remove, destroy or conceal documents or papers ofcially
entrusted to him, shall suffer:

"1. The penalty of prisión mayor and a fine not exceeding Two hundred thousand
pesos (₱200,000), whenever serious damage shall have been caused thereby to a
third party or to the public interest.

"2. The penalty of prisión correccional in its minimum and medium period and a
fine not exceeding Two hundred thousand pesos (₱200,000), whenever the damage
caused to a third party or to the public interest shall not have been serious.

"In either case, the additional penalty of temporary special disqualification in its
maximum period to perpetual disqualification shall be imposed."

Article 227. Ofcer breaking seal - Any public ofcer charged with the custody
of papers or property sealed by proper authority, who shall break the seals or
permit them to be broken, shall suffer the penalties of prisión correccional in its
minimum and medium periods, temporary special disqualification and a fine not
exceeding Four hundred thousand pesos (₱400,000)."

Article 228. Opening of closed documents. - Any public ofcer not included in
the provisions of the next preceding article who, without proper authority, shall
open or shall permit to be opened any closed papers, documents or objects
entrusted to his custody, shall suffer the penalties of arresto mayor, temporary
special disqualification and a fine not exceeding Four hundred thousand pesos
(₱400,000)."

Section Three. - Revelation of secrets

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Article 229. Revelation of secrets by an ofcer. - Any public ofcer who shall
reveal any secret known to him by reason of his ofcial capacity, or shall
wrongfully deliver papers or copies of papers of which he may have charge and
which should not be published, shall suffer the penalties of prisión correccional in
its medium and maximum periods, perpetual special disqualification and a fine not
exceeding Four hundred thousand pesos (₱400,000) if the revelation of such
secrets or the delivery of such papers shall have caused serious damage to the
public interest; otherwise, the penalties of prisión correccional in its minimum
period, temporary special disqualification and a fine not exceeding One hundred
thousand (₱100,000) pesos shall be imposed."

Article 230. Public ofcer revealing secrets of private individual. - Any public
ofcer to whom the secrets of any private individual shall become known by reason
of his ofce who shall reveal such secrets, shall suffer the penalties of arresto
mayor and a fine not exceeding Two hundred thousand pesos (₱200,000)."

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Article 231. Open disobedience. - Any judicial or executive ofcer who shall
openly refuse to execute the judgment, decision or order of any superior authority
made within the scope of the jurisdiction of the latter and issue with all the legal
formalities, shall suffer the penalties of arresto mayor in its medium period to
prisión correccional in its minimum period, temporary special disqualification in
its maximum period and a fine not exceeding Two hundred thousand pesos
(₱200,000)."

Article 232. Disobedience to order of superior ofcers, when said order was
suspended by inferior ofcer. - Any public ofcer who, having for any reason
suspended the execution of the orders of his superiors, shall disobey such
superiors after the latter have disapproved the suspension, shall suffer the
penalties of prision correccional in its minimum and medium periods and
perpetual special disqualification.

Article 233. Refusal of assistance. - The penalties of arresto mayor in tits

medium period to prisión correccional in its minimum period, perpetual special
disqualification and a fine not exceeding Two hundred thousand pesos (₱200,000),
shall be imposed upon a public ofcer who, upon demand from competent
authority, shall fail to lend his cooperation towards the administration of justice or
other public service, if such failure shall result in serious damage to the public
interest, or to a third party; otherwise, arresto mayor in its medium and maximum
periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed."

Article 234. Refusal to discharge elective ofce. - The penalty of arresto mayor
or a fine not exceeding Two hundred thousand pesos (₱200,000), or both, shall be
imposed upon any person who, having been elected by popular election to a public
ofce, shall refuse without legal motive to be sworn in or to discharge the duties of
said ofce."

Article 235. Maltreatment of prisoners

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 Committed by a public ofcer or employee who maltreats a prisoner under
his custody in either of the following manner:

a. Imposing punishments not authorized by the regulations;

b. Inflicting such punishments in a cruel or humiliating manner;
c. By maltreating the prisoner to extort a confession or obtain some
information.

Nota Bene:

The liability of the public ofcer shall be in addition to any physical injuries
that may be been suffered by the prisoner as a result of maltreatment.

Section Two. - Anticipation, prolongation and abandonment of the duties and

powers of public ofce.

Article 236. Anticipation of duties of a public ofce. - Any person who shall
assume the performance of the duties and powers of any public or employment
without first being sworn in or having given the bond required by law, shall be
suspended from such ofce or employment until he shall have complied with the
respective formalities and shall be fined from Forty thousand pesos (₱40,000) to
One hundred thousand pesos (₱100,000)."

Elements:

1) That the offender is entitled to hold a public ofce or employment, either by

election or appointment.
2) That the law requires that he should first be sworn in and/or should first
give a bond.
3) That he assumes the performance of the duties and powers of such ofce.
4) That he has not taken his oath of ofce and/or given the bond required by
law.

Article 237. Prolonging performance of duties and powers.— Any public ofcer
who shall continue to exercise the duties and powers of his ofce, employment or
commission, beyond the period provided by law, regulation or special provisions
applicable to the case, shall suffer the penalties prisión correccional in its
minimum period, special temporary disqualification in its minimum period and a
fine not exceeding One hundred thousand pesos (₱100,000)."

Article 238. Abandonment of ofce or position. - Any public ofcer who, before
the acceptance of his resignation, shall abandon his ofce to the detriment of the
public service shall suffer the penalty of arresto mayor.

If such ofce shall have been abandoned in order to evade the discharge of the
duties of preventing, prosecuting or punishing any of the crime falling within Title
One, and Chapter One of Title Three of Book Two of this Code, the offender shall be
punished by prision correccional in its minimum and medium periods, and by
arresto mayor if the purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.

Section Three. - Usurpation of powers and unlawful appointments

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Article 239. Usurpation of legislative powers. - The penalties of prisión
correccional in its minimum period, temporary special disqualification and a fine
not exceeding Two hundred thousand pesos (₱200,000), shall be imposed upon any
public ofcer who shall encroach upon the powers of the legislative branch of the
Government, either by making general rules or regulations beyond the scope of his
authority, or by attempting to repeal a law or suspending the execution thereof."

Article 240. Usurpation of executive functions. - Any judge who shall assume
any power pertaining to the executive authorities, or shall obstruct the latter in the
lawful exercise of their powers, shall suffer the penalty of arresto mayor in its
medium period to prision correccional in its minimum period.

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in

its medium period to prision correccional in its minimum period and shall be
imposed upon any ofcer of the executive branch of the Government who shall
assume judicial powers or shall obstruct the execution of any order or decision
rendered by any judge within its jurisdiction.

Article 242. Disobeying request for disqualifcation. - Any public ofcer who,
before the question of jurisdiction is decided, shall continue any proceeding after
having been lawfully required to refrain from so doing, shall be punished by
arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000).

Article 243. Orders or requests by executive ofcers to any judicial

authority. - Any executive ofcer who shall address any order or suggestion to any
judicial authority with respect to any case or business coming within the exclusive
jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a
fine not exceeding One hundred thousand pesos (₱100,000).

Article 244. Unlawful appointments. - Any public ofcer who shall knowingly
nominate or appoint to any public ofce any person lacking the legal qualifications
therefor, shall suffer the penalty of arresto mayor and a fine not exceeding Two
hundred thousand pesos (₱200,000).

Section Four. - Abuses against chastity

Article 245. Abuse against chastity

How committed:

1. By soliciting or making immoral or indecent advances to a woman interested

in matters pending before the offending ofcer for decision, or with respect to
which he is required to submit a report to or consult with a superior ofcer.
2. By soliciting or making immoral or indecent advances to a woman under the
offender’s custody.
3. By soliciting or making immoral or indecent advances to the wife, daughter,
sister, or relative within the same degree by afnity of any person in the
custody of the offending warden or ofcer.

Note. The mother of the person under custody is not included.

Title Eight

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 CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide

Article. 246. Parricide

Committed by any person who shall kill his father, mother or child
whether legitimate or illegitimate, or any of his ascendants or descendants, or
his/her spouse.

Note:

Relationship of the offender with the victim is the essential element of this crime. It
applies only to BLOOD RELATIVES in the direct line. Thus, adopted parents and
adopted children, parents-in-law and children-in-law are not included in the
crime of parricide.

If the offender and the victim are related with each other as parents and
children, the relationship may either be legitimate or illegitimate.

Spouse must also be legitimate.

If it involves other ascendants and descendants, the relationship must

always be legitimate. Thus, an illegitimate grandson who kills his grandfather is
not guilty of parricide. Instead, it would be either homicide or murder.

A stranger cooperating in parricide will be made liable for homicide or

murder as the case maybe.

Article 247. Death or physical injuries inficted under exceptional

circumstances.

Committed by any legally married person who having surprised his spouse
in the act of committing sexual intercourse with another person, shall kill any or
both of them in the act or immediately thereafter, or shall inflict upon them any
serious physical injury.
The same rule applies under the same circumstances to parents with respect
to their daughter under eighteen years of age and their seducers while the
daughter is living with their parents.

Article 248. Murder

Committed by any person who shall kill another which is not parricide or
infanticide with the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense;
2. In consideration of price, reward or promise;

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 3. By means of inundation, fire, explosion, shipwreck, stranding of a vessel,
derailment of or assault upon a street car or locomotive, fall of an airship, by
means of motor vehicle, or with the use of any other means involving great
waste and ruin;
4. On the occasion of calamities abovementioned, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scofng at his person or corpse;

Article 249. Homicide

It is the unlawful killing of any person which is neither parricide, murder nor
infanticide.

Committed by any person who, shall kill another without the attendance of
any qualifying aggravating circumstance and not considered as parricide.

Article 250. Penalty for frustrated parricide, murder or homicide. - The

courts, in view of the facts of the case, may impose upon the person guilty of the
frustrated crime of parricide, murder or homicide, defined and penalized in the
preceding articles, a penalty lower by one degree than that which should be
imposed under the provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by one degree
the penalty which under Article 51 should be imposed for an attempt to commit
any of such crimes.

Article 251. Death caused in a tumultuous afray

It is committed when several persons NOT composing a group that is

organized for assaulting and attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and in the course of the affray
someone is killed and it cannot be ascertained who actually killed the deceased.
The person/s who inflicted serious physical injuries if identified will be the one
liable.

If the person/s who inflicted serious physical injuries cannot be identified,

all those who employed violence upon the deceased shall be the one liable.

The affray is considered tumultuous when at least four (4) persons took part. The
person killed in the affray may or may not be a participant in the affray.

Persons liable for death in tumultuous affray:

a. The person or persons who inflicted the serious physical injuries.

b. 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,
but with lesser liability.

Article 252. Physical injuries inficted in a tumultuous afray.

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 When in a tumultuous affray, only serious physical injuries are inflicted
upon the participants thereof, and the person responsible thereof cannot be
identified, all persons who appear to have used violence upon the person of the
offended party shall be liable. The same rule applies when only less serious
physical injury is inflicted.

The offended party however must be a participant of the affray. Slight physical
injury is excluded under this article.

Article 253. Giving assistance to suicide

Committed by any person who shall assist another to commit suicide

whether consummated or not.

Also committed by a person who lends assistance to another to commit

suicide to the extent of doing the killing himself.

Euthanasia

Is the practice of painlessly putting to death a person suffering from

some incurable disease.

It is not considered as lending assistance to suicide because the

person killed does not want to die. Any person who practices such may be liable for
murder.

Article 254. Discharge of frearm.

Committed by any person who WITHOUT intent to kill shall shoot at another
with any firearm.

The purpose of the offender is merely to intimidate or frighten the offended party.

If the offended party is hit or wounded, there will be a complex crime of

discharge of firearm with physical injuries (refers to serious physical injury and
less serious physical injury. If only slight physical injury, it will be a separate crime
of discharge of firearm and slight physical injury.

Section Two. - Infanticide and abortion.

Article 255. Infanticide. - The penalty provided for parricide in Article 246 and
for murder in Article 248 shall be imposed upon any person who shall kill any
child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and if said crime be committed
for the same purpose by the maternal grandparents or either of them, the penalty
shall be prision mayor.

Article 256. Intentional abortion. - Any person who shall intentionally cause an
abortion shall suffer:

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1. The penalty of reclusion temporal, if he shall use any violence upon the person
of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the
consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the
woman shall have consented.

Article 257. Unintentional abortion. - The penalty of prision correccional in its

minimum and medium period shall be imposed upon any person who shall cause
an abortion by violence, but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. - The
penalty of prision correccional in its medium and maximum periods shall be
imposed upon a woman who shall practice abortion upon herself or shall consent
that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the
penalty of prision correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them,
and they act with the consent of said woman for the purpose of concealing her
dishonor, the offenders shall suffer the penalty of prision correccional in its
medium and maximum periods.

Article 259. Abortion practiced by a physician or midwife and dispensing of

abortives. - The penalties provided in Article 256 shall be imposed in its maximum
period, respectively, upon any physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion or assist in causing the same.

"Any pharmacist who, without the proper prescription from a physician shall
dispense any abortive shall suffer arresto mayor and a fine not exceeding One
hundred thousand pesos (₱100,000)."

Section Three. - Duel

Article 260. Duel

It is a formal or regular combat previously concerted between two parties in the

presence of two or more seconds of lawful age on each side, who make the
selection of arms and fix all the other conditions of the fight.

It is committed by:

a. Killing one’s adversary, Inflicting physical injuries (either serious, less

serious or slight) upon such adversary;
b. Making a combat although no physical injuries have been inflicted.

The persons who acted as seconds are liable as accomplices and the combatants
as principals.

Article 261. Challenging to a duel

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Committed by any person who shall challenge another, or incite another to give or
accept a challenge to a duel or shall decry another publicly for having refused to
accept a duel.

The person making the challenge to fight must have in mind a formal combat
to be concerted between them. A mere challenge to fight without such purpose is
not challenging to a duel.

Acts punished:

1. By challenging another to a duel.

2. By inciting another to give or accept a challenge to a duel.
3. By scofng at or decrying another publicly for having refused to
accept a challenge to fight a duel.

A challenge to fight, without contemplating a duel, is not challenging to a duel.

Person responsible:

a. Challenger, and
b. Instigators

Chapter Two
PHYSICAL INJURIES

Article 262. Mutilation

It is the lopping or the clipping off some part of the body. It is committed by:

a. Intentionally mutilating another by depriving his either totally or partially of

some essential organ for reproduction.
b. Intentionally making other mutilation, that is by looping or clipping off any
part of the body of the offended party other than essential organ for
reproduction, to deprive him of that part of the body.

The purpose of the ofender must be to deprive the ofended party of the use
of such part of the body.

Article 263. Serious physical injury

It is committed by:

a. Wounding
b. Beating
c. Assaulting
d. Administering injurious substances

There is no intent to kill in the crime of physical injury.

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The injury is considered serious when:

a. The injured person becomes insane, imbecile, impotent or blind as a

consequence of the injury inflicted.
b. The person injured loses the use of speech or the power to hear or to smell,
or loses an eye, a hand, a foot, an arm, or a leg or loses the use of any such
member of the body or becomes incapacitated for work in which he is
habitually engaged as a consequence of the injury inflicted.
c. When the person injured becomes deformed, loses any other member of his
body or loses the use thereof, or becomes ill or incapacitated for work in
which he is habitually engaged for more than 90 days.
d. When the person injured becomes ill or incapacitated for labor for more than
30 days but not more than 90 days as a result of the injuries inflicted.

Article 264. Administering injurious substances or beverages. - The penalties

established by the next preceding article shall be applicable in the respective case
to any person who, without intent to kill, shall inflict upon another any serious,
physical injury, by knowingly administering to him any injurious substance or
beverages or by taking advantage of his weakness of mind or credulity.

Article 265. Less serious physical injury

The injury is considered less serious when the offended party was
incapacitated for labor for 10 days or more but not more than 30 days as a result
of the injury inflicted or needs medical attendance for the same period of time.

Article 266. Slight physical injury

a. Slight physical injuries which incapacitates the offended party for labor for 1
to 9 days or requires medical attendance for the same period;
b. Physical injuries which did not prevent the offended party from engaging in
his habitual work or did not require medical attendance. (contusion ,black
eye on the face caused by a fistic blow)
c. Ill-treatment of another by deed without causing any injury. (Any physical
violence which does not produce any injury such as slapping the face
without causing dishonor to the offended party).

Article 266-A to D – Rape

R.A 8353 (ANTI-RAPE LAW)

SALIENT FEATURES OF REPUBLIC ACT No. 8353

Rape is now a crime against PERSON and no longer a crime against CHASTITY.
Thus, the requirement of consent of the offended party to file the case is no longer
necessary because this is now a “public crime” unlike when it was still classified as
a crime against chastity which is a private offense, the filing of which requires the
consent of the private offended party.

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The complaint can now be filed by any person other than the private offended
party. It can now be committed by a man or a woman.
Mere touching of the drawbridge of the female sex organ by the male sex organ is
now consummated.

There is now rape thru sexual assault.

Marital rape can now be committed. The criminal liability is however extinguished
by the subsequent forgiveness by the wife.

2 KINDS OF RAPE

1.Rape thru sexual intercourse

2.Rape thru sexual assault

Article 266-A. Rape, When and How Committed.-

Rape is committed-

1. By a man who shall have carnal knowledge of a woman under any of

the following circumstances:

a. Through force, threat or intimidation;

b. When the offended party is deprived of reason or is otherwise

unconscious;

c. By means of fraudulent machination or grave abuse of authority;

d. When the offended party is under sixteen (16) years of age or is

demented, even though none of the circumstances mentioned above be
present: Provided, That there shall be no criminal liability on the part
of a person having carnal knowledge of another person sixteen (16)
years of age when the age difference between the parties is not more
than three (3) years, and the sexual act in question is proven to be
consensual, non-abusive, and non-exploitative: Provided, further, That
if the victim is under thirteen (13) years of age, this exception shall not
apply.

As used in this Act, non-abusive shall mean the absence of undue

influence, intimidation, fraudulent machinations, coercion, threat,
physical, sexual, psychological, or mental injury or maltreatment, either
with intention or through neglect, during the conduct of sexual activities
with the child victim. On the other hand, non-exploitative shall mean
there is no actual or attempted act or acts of unfairly taking advantage of
the child's position of vulnerability, differential power, or trust during the
conduct of sexual activities. (As amended by R.A. 11648, March 4,2022)

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 orifce, or any instrument or

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 object into the genital or anal orifce of another person. (R.A. No. 8353,
October 22, 1997)

ATTEMPTED RAPE

Mere epidermal contact; Stroking or grazing of organs; A slight brush or a

scrape of the penis on the external layer of the female sex organ or the mons
pubis/vaginal surface/pudendum;

Mere strafng of the citadel of passion/shelling of the castle of orgasmic

potency is attempted and not consummated.

Mere touch to the woman’s sex organ by the male sex organ is consummated
rape. However, it must be emphasized that the “Touching of the female sex
organ by the male sex organ” should be understood or described as the
introduction of the male sex organ into the labias of the female sex organ.
The “touching” must be viewed as an essential part or process of penile
penetration and not mere touching in the ordinary sense. The touching
should be understood as an inherent part or process of entry of the penis
into the labias/labial threshold of the female sex organ. Hence, the male
sex organ must be capable of penetration.

“Touching” as applied in consummated rape does not simply mean

epidermal contact, stroking or grazing of organs.

CONSUMMATED RAPE

“Bombardment of the drawbridge (labias) is invasion enough even if the troops

did not succeed in entering the castle”

Forcible abduction

It is the taking of a woman against her will and with lewd designs. It is
consented abduction if the offended party is a virgin, over 12 but below 18 carried
out with her consent and with lewd design.

Sexual intercourse is not an element of abduction. It is enough that the

woman was taken against her will with lewd design.

Forcible abduction with rape takes place when the woman was taken against
her will with lewd design and thereafter raped. All subsequent rapes will be
considered as separate count of rape. (PEOPLE versus BACALSO 210 scra 206)

In kidnapping and serious illegal detention with rape which is not a

complex crime but a composite crime, if the taking of the woman amounts to
kidnapping and the woman was thereafter raped, all subsequent rape will only be
considered as aggravating circumstance.

Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article
shall be punished by reclusion perpetua.

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Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua to death.

When the rape is attempted and a homicide is committed by reason or on the

occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion ofthe rape, homicide is committed, the penalty
shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any
of the following aggravating/qualifying circumstances:

l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or afnity within the
third civil degree, or the common-law spouse of the parent of the victim;

2) When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution;

3) When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity;

4) 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;

5) When the victim is a child below seven (7) years old;

6) When the offender knows that he is afflicted with the Human Immuno-
Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted to the victim;

7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement
agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;

8) When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;

9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and

10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.

Rape under paragraph 2 of the next preceding article shall be punished by prision
mayor.

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Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prision mayor to reclusion temporal.

When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.

When the rape is attempted and a homicide is committed by reason or on the

occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.

When by reason or on the occasion of the rape, homicide is committed, the penalty
shall be reclusion perpetua.

Reclusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article.

SC: Theory on Child Sexual Abuse Accommodation Syndrome Can Help in

Determining Credibility of Child Rape Victims

October 13, 2023

“We may have to adjust our perspective and try to see things from the eyes of child
victims. Actions which we commonly see as strange and inconsistent to the norm
may actually be seen by victims as the only expected recourse or way out for
them.”

Thus held the Court’s First Division, in a Decision penned by Justice Ramon Paul
L. Hernando, which dismissed the appeal by accused XXX. The Court afrmed the
rulings of the Court of Appeals (CA) and the Regional Trial Court (RTC) convicting
XXX with three counts of Qualified Rape.

In 2015, XXX was charged for the rape of his daughters, AAA, then 14 years old,
and BBB, then 11 years old. The RTC found the straightforward testimonies of AAA
and BBB against their father as the perpetrator, backed up by medical findings of
hymenal lacerations, as credible as opposed to the bare denial of XXX. The trial
court thus found XXX guilty beyond reasonable doubt of three counts of
incestuous rape.

The RTC was afrmed by the CA, which ruled that the minor inconsistencies in the
testimonies of AAA and BBB did not affect the substance, truth, or weight of the
victims’ clear, convincing, and straightforward testimonies.

The Supreme Court, in sustaining the rulings of the lower courts, found that all
elements of Qualified Rape were present in the case.

Under Articles 266-A (1) and 266-B of the Revised Penal Code, the elements of
Qualified Rape are: (1) sexual congress; (2) with a woman; (3) done by force and
without consent; (4) the victim is under 18 years of age at the time of the rape; and
(5) the offender is a parent (whether legitimate, illegitimate, or adopted) of the
victim.

The High Court, which noted that the correct term for the offense is Qualified
Statutory Rape, ruled that the prosecution sufciently established and proved that
XXX had sexual congress with his daughters with force and without the latter’s

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consent, based on the testimonies of the victims. Their respective Certificates of
Live Birth also prove their minority at the time of the commission of the crime, as
well as their relationship to XXX.

The Court also dismissed the arguments of XXX challenging the testimonies of the
victims for being “illogical” or contrary to “normal behavior.”

XXX argued that AAA should have shouted or made some noise when she was
being raped since her siblings were sleeping in the same room, and that AAA
should have avoided being left alone with XXX. As for BBB, XXX insisted that
during the second incident of rape, BBB should have already known that XXX had
ill intentions when she was told by XXX, who was then only in his underwear, to
enter the house. According to XXX, the normal human reaction would be to run
away instead of following him.

The Court found XXX’s arguments unacceptable, underscoring that XXX is “in no
place to question the responses of AAA and BBB to the traumatic stimuli he
himself created.”

The Court proceeded to apply the theory on Child Sexual Abuse Accommodation
Syndrome (CSAAS) as a model for understanding why the behavior of children
who have been sexually abused may seem strange to adults.

Under CSAAS, there are five stages:

(1) The frst stage, described as ‘secrecy,’ was explained in terms of both what
an abuser does and why the child keeps the matter secret because of
embarrassment or shame, ‘sometimes enforced’ by the adult telling the child
to keep it secret or suggesting negative consequences if it is revealed.
(2) The second stage is ‘helplessness’ or the absence of power a child has in a
relationship with a parental fgure or trusted adult.
(3) The third stage is ‘entrapment’ and ‘accommodation’ which happen when
the child fails to seek protection.
(4) The stage of ‘delayed disclosure’ which was opined to have the tendency to
be delayed because of the child’s fear, shame, or emotional confusion.
(5) The fnal stage called ‘retraction,’ which was said to involve the child’s
denial that the abuse has occurred.

The High Court noted that select courts in the United States admit expert
testimony on CSAAS for a limited purpose of “disabusing the mind of common
misconceptions it might have about how child victims react to sexual abuse. It is
often used to rehabilitate the credibility of the witness when the abuser suggests
that the child’s conduct is inconsistent with the testimony about molestation.”

The Court also held that countless incestuous rape cases come before the courts
and the defense often attacks the credibility of the victims based on their
‘inconsistent’ responses to what is ‘normal.’ “This is not only diabolical but absurd
as well,’ held the Court, adding, “There is a need to correct our minds that these
are not actually strange nor inconsistent but the normal course of action on the
part of children who are victims of sexual abuse.”
The Court further ruled that “individual differences dictate that there is no
singular response when a person encounters a certain situation, especially when

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involving an extremely traumatic experience such as rape committed by one’s own
father.”

As to AAA and BBB’s “silence”, the Court held that rape victims’ actions are
oftentimes influenced by fear rather than by reason, with the perpetrator hoping to
build a climate of extreme psychological terror that numbs the victim into silence
and submissiveness. “[I]ncestuous rape further magnifies this terror, for the
perpetrator in these cases, such as the victim’s father, is a person normally
expected to give solace and protection to the victim. Moreover, in incest, access to
the victim is guaranteed by the blood relationship, magnifying the sense of
helplessness and the degree of fear.”

The Court thus imposed on XXX the penalty of reclusion perpetua without
eligibility for parole. He was also ordered to pay AAA PhP600,000 and BBB
PhP300,000 in damages. (Courtesy of the Supreme Court Public Information Ofce)

Full text of G.R. No. 263227 (People v. XXX)

at: https://sc.judiciary.gov.ph/263227-people-of-the-philippines-vs-xxx/

Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the subsequent forgiveness by
the wife as the offended party shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.

Article 266-D. Presumptions. - Any physical overt act manifesting resistance

against the act of rape in any degree from the offended party, or where the offended
party is so situated as to render her/him incapable of giving valid consent, may be
accepted as evidence in the prosecution of the acts punished under Article 266-A.

Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One
CRIMES AGAINST LIBERTY

Section One. - Illegal Detention

ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION

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Kidnapping

= It connotes the idea of transporting the offended party from one place to another
for the purpose of extorting ransom.

Ransom – Any payment made for the release of a person under captivity.

When the victim was transported from one place to another, the criminal intent of
the offender must be considered:

= If a woman was transported from one place to another and was restrained of her
liberty WITH LEWD DESIGN or LEWD INTENT. The crime will be FORCIBLE
ABDUCTION.

= If the woman was transported just to restrain her of her liberty WITHOUT lewd
design, the crime is SERIOUS ILLEGAL DETENTION.

= If the woman was transported or carried away just to break her will or compel
her to agree to the demand or request of the offender, the crime is GRAVE
COERCION.
If the victim of the crime of kidnapping was killed, raped or was subjected to a
torture or dehumanizing act, it will bring about the composite crime of
KIDNAPPING WITH HOMICIDE. (Generic sense), KIDNAPPING WITH RAPE (all
other rapes are absorbed) and KIDNAPPING WITH PHYSICAL INJURIES.

Illegal detention
= It connotes the idea that one is restrained of his liberty without the
necessity of transporting him/her to another place. Even if transported but not for
ransom, the crime is still illegal detention.

Circumstances which makes illegal detention serious:

1.If detention lasted for more than three days.

2.When the offended party is a female.
3.When the offended party is a minor.
4.When the offended party is a public officer.
5.When threats to kill the victim was made.
6.When Serious Physical injuries have been inflicted to the victim.
7.When it was committed simulating public authority. (When offender
represented himself as a police ofcer)

Article 268. Slight illegal detention

If the detention was committed without any of the circumstances above, the crime
will only be slight illegal detention (Article 268).

ARTICLE 269. UNLAWFUL ARREST

A crime committed by any person who without legal ground shall arrest or detain
another person for the purpose of delivering him to the proper judicial authorities
or for purposes of filing a case he did not actually commit.

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ARTICLE 270. KIDNAPPING AND FAILURE TO RETUN A MINOR

This is committed by any person who is entrusted with the custody of a

minor and deliberately fails to restore or return the minor to his parents or
guardian.

Article 271. Inducing a minor to abandon his home. - The penalty of prisión
correccional and a fine not exceeding One hundred thousand pesos (₱100,000)
shall be imposed upon anyone who shall induce a minor to abandon the home of
his parents or guardians or the persons entrusted with his custody.

"If the person committing any of the crimes covered by the two (2) preceding
articles shall be the father or the mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding Forty thousand pesos (₱40,000), or both."

Section Three. - Slavery and Servitude

Article 272. Slavery

Committed by any person who shall purchase, sell, kidnap or detain a
human being for the purpose of enslaving him.( to require such person to render
some services against his will without compensation)

Article 273. Exploitation of child labor

Committed by anyone who under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with the custody of a
minor, shall against the latter’s will, retain him in his service.

The offended party must be a minor.

Article 274. Services rendered under compulsion in payment of debt.

Committed by any person who shall compel the debtor to work for him
against his will as household servant or farm laborer in order to enforce the
payment of a debt incurred by the offended party.

The debtor himself is the one compelled to work for the offender.

Chapter Two
CRIMES AGAINST SECURITY

Section One. - Abandonment of helpless persons and exploitation of minors.

Article 275. Abandonment of person in danger and abandonment of one's

own victim. - The penalty of arresto mayor shall be imposed upon:

1. Anyone who shall fail to render assistance to any person whom he shall find
in an uninhabited place wounded or in danger of dying, when he can render
such assistance without detriment to himself, unless such omission shall
constitute a more serious offense.
2. Anyone who shall fail to help or render assistance to another whom he has
accidentally wounded or injured.

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 3. Anyone who, having found an abandoned child under seven years of age,
shall fail to deliver said child to the authorities or to his family, or shall fail
to take him to a safe place.

Article 276. Abandoning a minor. - The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos (₱100,000) shall be imposed upon anyone
who shall abandon a child under seven (7) years of age, the custody of which is
incumbent upon him.

"When the death of the minor shall result from such abandonment, the culprit
shall be punished by prisión correccional in its medium and maximum periods;
but if the life of the minor shall have been in danger only, the penalty shall be
prisión correccional in its minimum and medium periods.

"The provisions contained in the two (2) preceding paragraphs shall not prevent the
imposition of the penalty provided for the act committed, when the same shall
constitute a more serious offense."

Article 277. Abandonment of minor by person entrusted with his custody;

Indifference of parents. - The penalty of arresto mayor and a fine not exceeding
One hundred thousand pesos (₱100,000) shall be imposed upon anyone who,
having charge off the rearing or education of a minor, shall deliver said minor to a
public institution or other persons, without the consent of the one who entrusted
such child to his care or in the absence of the latter, without the consent of the
proper authorities.

"The same penalty shall be imposed upon the parents who shall neglect their
children by not giving them the education which their station in life requires and
financial condition permits."

Article 278. Exploitation of minors. - The penalty of prisión correccional in its

minimum and medium periods and a fine not exceeding One hundred thousand
pesos (₱100,000) shall be imposed upon:

1. "Any person who shall cause any boy or girl under sixteen (16) years of age
to perform any dangerous feat of balancing, physical strength, or contortion.

2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal

tamer or circus manager or engaged in a similar calling, shall employ in
exhibitions of these kinds children under sixteen (16) years of age who are
not his children or descendants.
3. Any person engaged in any of the callings enumerated in the next preceding
paragraph who shall employ any descendant of his under twelve years (12)
years of age in such dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted in any capacity with

the care of a child under sixteen (16) Years of age, who shall deliver such
child gratuitously to any person following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or beggar.

"If the delivery shall have been made in consideration of any price,
compensation, or promise, the penalty shall in every case be imposed in its
maximum period.1âwphi1

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 "In either case, the guardian or curator convicted shall also be removed from
ofce as guardian or curator; and in the case of the parents of the child, they
may be deprived, temporarily or perpetually, in the discretion of the court, of
their parental authority.

5. Any person who shall induce any child under sixteen (16) years of age to
abandon the home of its ascendants, guardians, curators or teachers to
follow any person engaged in any of the callings mentioned in paragraph 2
hereof, or to accompany any habitual vagrant or beggar."

Article 279. Additional penalties for other offenses. - The imposition of the
penalties prescribed in the preceding articles, shall not prevent the imposition
upon the same person of the penalty provided for any other felonies defined and
punished by this Code.

Section Two. - Trespass to dwelling

Article 280. Qualifed trespass to dwelling. - Any private person who shall
enter the dwelling of another against the latter’s will shall be punished by arresto
mayor and a fine not exceeding Two hundred thousand pesos (₱200,000).

"If the offense be committed by means of violence or intimidation, the penalty shall
be prisión correccional in its medium and maximum periods and a fine not
exceeding Two hundred thousand pesos (₱200,000).

"The provisions of this article shall not be applicable to any person who shall enter
another’s dwelling for the purpose of preventing some serious harm to himself, the
occupants of the dwelling or a third person, nor shall it be applicable to any person
who shall enter a dwelling for the purpose of rendering some service to humanity
or justice, nor to anyone who shall enter cafes, taverns, inns and other public
houses, while the same are open."

Elements:

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.

Exceptions to the application of Article 280 of the RPC:

a) 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.
b) If the purpose is to render some service to humanity or justice.
c) If the place where entrance is made is a café, tavern, inns, and other public
houses, while the same are open.

Article 281. Other forms of trespass. - The penalty of arresto menor or a fine not
exceeding Forty thousand pesos (₱40,000), or both, shall be imposed upon any
person who shall enter the closed premises or the fenced estate of another, while
either or both of them are uninhabited, if the prohibition to enter be manifest and
the trespasser has not secured the permission of the owner or the caretaker
thereof."

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Elements:

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.

Section Three. - Threats and Coercion

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.
2. By making such threat without the offender attaining his purpose.
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.

The essence of this crime is intimidation.

Article 283. Light threat

It is committed by any person who shall threaten another to commit a wrong not
constituting a crime. (Blackmailing)

Elements:

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.

Light threats are committed in the same manner as grave threats, except that the
act threatened to be committed should not be a crime.

Article 284. Bond for good behavior.

A bail bond required to be posted by the person making the threat in order
for him not to molest (harass, disturb) the person threatened. His failure to give
such bond shall be sentenced to destierro.

Article 285. Other light threats

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It is committed by:

a. By threatening another with a weapon or draw such weapon in a quarrel

unless it be a lawful defense.
b. By orally threatening another in the heat of anger with harm constituting a
crime without persisting in the idea involved in his threat.
c. By orally threatening to do another any harm not constituting a felony.

Article 286. Grave coercion

It is committed by:

a. Preventing another by means of violence from doing something not

prohibited by law.
b. Compelling another by means of violence to do something against his will
whether it be right or wrong.

Element:

1) That the person prevented another from doing something not prohibited by
law, or that he compelled him to do something against his will, be it right or
wrong.
2) The prevention or compulsion be affected by violence, threats or
intimidation.
3) That the restraint shall not be made under authority of law or in the exercise
of any lawful right.

Article 287. Light coercions. - Any person who, by means of violence, shall
seize anything belonging to his debtor for the purpose of applying the same
to the payment of the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the thing, but in no case
less than Fifteen thousand pesos (₱15,000).

"Any other coercions or unjust vexations shall be punished by arresto menor or

a fine ranging from One thousand pesos (₱1,000) to not more than Forty thousand
pesos (₱40,000), or both."

Par. 1 Elements:

1) That the offender must be a creditor.

2) That he seizes anything belonging to his debtor.
3) That the seizure of the thing be accomplished by means of violence or a
display of material force producing intimidation.
4) That the purpose of the offender is to apply the same to the payment of the
debt.

Par. 2 Elements:

1) there is a human conduct that unjustly annoys or irritates another person;

2) such human conduct was not attended with violence;
3) such human conduct caused annoyance, irritation, torment, distress or
disturbance to the mind of the person to whom it is directed; and

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 4) the offender acted with criminal intent.

Light coercion under the first paragraph will be unjust vexation if the element of
employing violence or intimidation is absent. – Same with grave coercion – when no
violence, threat or intimidation – only unjust vexation.

Kissing a girl, without performing acts of lasciviousness, is unjust vexation.

Unjust vexation – any human conduct, which although not productive of some
physical or material harm would, however, unjustly annoy or vex an innocent
person.

Article 288. Other similar coercions; (Compulsory purchase of merchandise

and payment of wages by means of tokens. - The penalty of arresto mayor or a
fine ranging from Forty thousand pesos (₱40,000) to One hundred thousand pesos
(₱100,000), or both, shall be imposed upon any person, agent or ofcer of any
association or corporation who shall force or compel, directly or indirectly, or shall
knowingly permit any laborer or employee employed by him or by such firm or
corporation to be forced or compelled, to purchase merchandise or commodities of
any kind.

"The same penalties shall be imposed upon any person who shall pay the wages
due a laborer or employee employed by him, by means of tokens or objects other
than the legal tender currency of the Philippines, unless expressly requested by the
laborer or employee."

Acts punished:

1. By forcing or compelling, directly or indirectly or knowingly permitting the

forcing or compelling of the laborer or employee of the offender to purchase
merchandise or commodities of any kind from him.
2. By paying wages due his laborer or employee by means of tokens or objects
other than the legal tender currency of the Philippines, unless expressly
requested by such laborer or employee.

Article 289. Formation, maintenance and prohibition of combination of

capital or labor through violence or threats. - The penalty of arresto mayor and
a fine not exceeding Sixty thousand pesos (₱60,000) shall be imposed upon any
person who, for the purpose of organizing, maintaining or preventing coalitions of
capital or labor, strike of laborers or lock-out of employers, shall employ violence or
threats in such a degree as to compel or force the laborers or employees in the free
and legal exercise of their industry or work, if the act shall not constitute a more
serious offense in accordance with the provisions of this Code."

Chapter Three
DISCOVERY AND REVELATION OF SECRETS

Article 290. Discovering secrets through seizure of correspondence. - The

penalty of prisión correccional in its minimum and medium periods and a fine not

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exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any
private individual who in order to discover the secrets of another, shall seize his
papers or letters and reveal the contents thereof.

"If the offender shall not reveal such secrets, the penalty shall be arresto mayor
and a fine not exceeding One hundred thousand pesos (₱100,000).

"This provision shall not be applicable to parents, guardians, or person entrusted

with the custody of minors with respect to the papers or letters of the children or
minors placed under their care or custody, nor to spouses with respect to the
papers or letters of either of them."

Article 291. Revealing secrets with abuse of ofce. - The penalty of arresto
mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be
imposed upon any manager, employee or servant who, in such capacity, shall learn
the secrets of his principal or master and shall reveal such secrets."

Article 292. Revelation of industrial secrets. - The penalty of prisión

correccional in its minimum and medium periods and a fine not exceeding One
hundred thousand pesos (₱100,000) shall be imposed upon the person in charge,
employee or workman of any manufacturing or industrial establishment who, to
the prejudice of the owner thereof, shall reveal the secrets of the industry of the
latter."

Title Ten

CRIMES AGAINST PROPERTY

Chapter One
ROBBERY IN GENERAL

Article 293. Robbery

It is committed by any person who, with intent to gain, shall take personal
property belonging to another by means of violence against or intimidation of
person or using force upon things.

Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons;

Penalties. - Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the

robbery, the crime of homicide shall have been committed.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua

when the robbery shall have been accompanied by rape or intentional mutilation,
or if by reason or on occasion of such robbery, any of the physical injuries
penalized in subdivision 1 of Article 263 shall have been inflicted; Provided,
however, that when the robbery accompanied with rape is committed with a use of
a deadly weapon or by two or more persons, the penalty shall be reclusion

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perpetua to death (As amended by PD No. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of the

robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the commission
of the crime, or when the course of its execution, the offender shall have inflicted
upon any person not responsible for its commission any of the physical injuries
covered by sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its
medium period in other cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited

place and by a band, or with the use of frearm on a street, road or alley. - If
the offenses mentioned in subdivisions three, four, and five of the next preceding
article shall have been committed in an uninhabited place or by a band, or by
attacking a moving train, street car, motor vehicle or airship, or by entering the
passenger's compartments in a train or, in any manner, taking the passengers
thereof by surprise in the respective conveyances, or on a street, road, highway, or
alley, and the intimidation is made with the use of a firearm, the offender shall be
punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the
leader of the band.

Article 296. Defnition of a band and penalty incurred by the members

thereof. - When more than three armed malefactors take part in the commission
of a robbery, it shall be deemed to have been committed by a band. When any of
the arms used in the commission of the offense be an unlicensed firearm, the
penalty to be imposed upon all the malefactors shall be the maximum of the
corresponding penalty provided by law, without prejudice of the criminal liability
for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band,
shall be punished as principal of any of the assaults committed by the band,
unless it be shown that he attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain

circumstances. - When by reason or on occasion of an attempted or frustrated
robbery a homicide is committed, the person guilty of such offenses shall be
punished by reclusion temporal in its maximum period to reclusion perpetua,
unless the homicide committed shall deserve a higher penalty under the provisions
of this Code.

Article 298. Execution of deeds by means of violence or intimidation. - Any

person who, with intent to defraud another, by means of violence or intimidation,
shall compel him to sign, execute or deliver any public instrument or documents,

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shall be held guilty of robbery and punished by the penalties respectively
prescribed in this Chapter.

Section Two. - Robbery by the use of force upon things

Article 299. Robbery in an inhabited house or public building or edifce

devoted to worship. - Any armed person who shall commit robbery in an
inhabited house or public building or edifice devoted to religious worship, shall be
punished by reclusion temporal, if the value of the property taken shall exceed
Fifty thousand pesos (₱50,000), and if—

"(a) The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means:

"1. Through an opening not intended for entrance or egress.

"2. By breaking any wall, roof, or floor or breaking any door or window.

"3. By using false keys, picklocks or similar tools.

"4. By using any fictitious name or pretending the exercise of public authority.

"Or if—

"(b) The robbery be committed under any of the following circumstances:

"1. By the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle.

"2. By taking such furniture or objects away to be broken or forced upon outside
the place of the robbery.

"When the offenders do not carry arms, and the value of the property taken
exceeds Fifty thousand pesos (₱50,000), the penalty next lower in degree shall be
imposed.

"The same rule shall be applied when the offenders are armed, but the value of the
property taken does not exceed Fifty thousand pesos (₱50,000).

"When said offenders do not carry arms and the value of the property taken does
not exceed Fifty thousand pesos (₱50,000), they shall suffer the penalty prescribed
in the two (2) next preceding paragraphs, in its minimum period.

"If the robbery be committed in one of the dependencies of an inhabited house,

public building, or building dedicated to religious worship, the penalties next lower
in degree than those prescribed in this article shall be imposed."

Article 300. Robbery in an uninhabited place and by a band. - The robbery

mentioned in the next preceding article, if committed in an uninhabited place and
by a band, shall be punished by the maximum period of the penalty provided
therefor.

Article 301. What is an inhabited house, public building or building

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dedicated to religious worship and their dependencies. - Inhabited house
means any shelter, ship or vessel constituting the dwelling of one or more persons,
even though the inhabitants thereof shall temporarily be absent therefrom when
the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables

or other departments or inclosed places contiguous to the building or edifice,
having an interior entrance connected therewith, and which form part of the whole,
shall be deemed dependencies of an inhabited house, public building or building
dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in
the terms of the next preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.

The term "public building" includes every building owned by the Government or
belonging to a private person not included used or rented by the Government,
although temporarily unoccupied by the same.

Article 302. Robbery in an uninhabited place or in a private building. - Any

robbery committed in an uninhabited place or in a building other than those
mentioned in the first paragraph of Article 299, if the value of the property taken
exceeds Fifty thousand pesos (₱50,000), shall be punished by prisión correccional
in its medium and maximum periods provided that any of the following
circumstances is present:

"1. If the entrance has been effected through any opening not intended for entrance
or egress.

"2. If any wall, roof, floor or outside door or window has been broken.

"3. If the entrance has been effected through the use of false keys, picklocks or
other similar tools.

"4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has
been broken.

"5. If any closed or sealed receptacle, as mentioned in the preceding paragraph,

has been removed, even if the same be broken open elsewhere.

"When the value of the property taken does not exceed Fifty thousand pesos
(₱50,000), the penalty next lower in degree shall be imposed.

"In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code,
when the property taken is mail matter or large cattle, the offender shall suffer the
penalties next higher in degree than those provided in said articles."

Article 303. Robbery of cereals, fruits, or frewood in an uninhabited place

or private building. - In the cases enumerated in Articles 299 and 302, when the
robbery consists in the taking of cereals, fruits, or firewood, the culprit shall suffer
the penalty next lower in degree than that prescribed in said articles.

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 Classifcation of robbery

1. Robbery with violence against or intimidation of persons (Art. 294). (The

owner of the property taken was subjected to physical violence or
intimidation).

i.e.:
a. Robbery with homicide
b. Robbery with rape
c. Robbery with physical injury

2. Robbery with force upon things. (By using force upon anything in taking
personal property. The owner of the property was not subjected to physical
violence).

i. By entering the house or building:

a. Through an opening not intended for entrance or egress.

b. By breaking any wall, roof or floor, door or window
c. By using false keys, picklocks or similar tools
d. By using fictitious name or pretending the exercise of public
authority

ii. When the crime was committed by:

a. Breaking the doors, wardrobes, chest, or any other kind of locked

or sealed furniture or receptacle.
b. By taking such furniture or objects away to be broken or forced
open outside the place of robbery.

Article 304. Possession of picklocks or similar tools. - Any person who shall
without lawful cause have in his possession picklocks or similar tools especially
adopted to the commission of the crime of robbery, shall be punished by arresto
mayor in its maximum period to prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If
the offender be a locksmith, he shall suffer the penalty of prision correccional in its
medium and maximum periods.

Elements:

1) That the offender has in his possession picklocks or similar tools.

2) That such picklocks or similar tools are specially adopted to the commission
of robbery.
3) That the offender does not have lawful cause for such possession.

*Actual use of picklocks or similar tools, not necessary in illegal possession

thereof.

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Article 305. False keys. - The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock forcibly
opened by the offender.

Chapter Two
BRIGANDAGE

Article 306. Brigandage

Committed by at least four (4) armed persons who form a band of robbers for
the purpose of committing robbery in the highway or kidnapping of persons for the
purpose of extortion or to obtain ransom or any other purpose to be attained by
means of force or violence.

The offenders have no predetermined victim.

Article 296. Robbery in band

The offenders have a predetermined victim and the group was not organized
for the purpose of committing robbery in the highway.

Article 307. Aiding and abetting a band of brigands. - Any person knowingly
and in any manner aiding, abetting or protecting a band of brigands as described
in the next preceding article, or giving them information of the movements of the
police or other peace ofcers of the Government (or of the forces of the United
States Army), when the latter are acting in aid of the Government, or acquiring or
receiving the property taken by such brigands shall be punished by prision
correccional in its medium period to prision mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in this
article has performed them knowingly, unless the contrary is proven.

Elements:

1) That there is a band of brigands.

2) That the offender knows the band to be brigands.
3) That the offender does any of the following acts:

a) He in any manner aids, abets or protects such band of brigands.

b) He gives them information of the movement of the police or other
peace ofcer of the government.
c) He acquires or receives the property taken by such brigands.

It shall be presumed that the person performing any of the acts provided in this
article has performed them knowingly, unless the contrary is proven.

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 Chapter Three
THEFT

Article 308. Theft

It is committed by any person who with intent to gain but without violence
against or intimidation of persons nor force upon things shall take personal
property of another without the latter’s consent.

It is likewise committed by:

a. Ay person who having found lost property shall fail to deliver the same to
the local authorities or to its owner;
b. Ay person who after having maliciously damaged the property of another
shall remove or make use of the fruits or object of the damaged caused
by him;
c. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belong to another and without the consent of it’s owner
shall hunt or fish upon the same or shall gather fruits, cereals, or other
forest or farm products.

Article 309. Penalties. - Any person guilty of theft shall be punished by:

"1. The penalty of prisión mayor in its minimum and medium periods, if the value
of the thing stolen is more than One million two hundred thousand pesos
(₱1,200,000) but does not exceed Two million two hundred thousand pesos
(₱2,200,000); but if the value of the thing stolen exceeds the latter amount, the
penalty shall be the maximum period of the one prescribed in this paragraph, and
one (1) year for each additional One million pesos (₱1,000,000), but the total of the
penalty which may be imposed shall not exceed twenty (20) years. In such cases,
and in connection with the accessory penalties which may be imposed and for the
purpose of the other provisions of this Code, the penalty shall be termed prisión
mayor or reclusion temporal, as the case may be.

"2. The penalty of prisión correccional in its medium and maximum periods, if the
value of the thing stolen is more than Six hundred thousand pesos (₱600,000) but
does not exceed One million two hundred thousand pesos (₱1,200,000).

"3. The penalty of prisión correccional in its minimum and medium periods, if the
value of the property stolen is more than Twenty thousand pesos (₱20,000) but
does not exceed Six hundred thousand pesos (₱600,000).

"4. Arresto mayor in its medium period to prisión correccional in its minimum
period, if the value of the property stolen is over Five thousand pesos (₱5,000) but
does not exceed Twenty thousand pesos (₱20,000).

"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (₱500)
but does not exceed Five thousand pesos (₱5,000).

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"6. Arresto mayor in its minimum and medium periods, if such value does not
exceed Five hundred pesos (₱500).

"7. Arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), if the
theft is committed under the circumstances enumerated in paragraph 3 of the next
preceding article and the value of the thing stolen does not exceed Five hundred
pesos (₱500). If such value exceeds said amount, the provisions of any of the five
preceding subdivisions shall be made applicable.

"8. Arresto menor in its minimum period or a fine of not exceeding Five thousand
pesos (₱5,000), when the value of the thing stolen is not over Five hundred pesos
(₱500), and the offender shall have acted under the impulse of hunger, poverty, or
the difculty of earning a livelihood for the support of himself or his family."

Article 310. Qualifed theft

The crime of theft is qualifed when:

a. Committed by a domestic servant;

b. Committed with grave abuse of confdence
c. If the property stolen is a motor vehicle, mail matter or large cattle;
d. If the property taken consist of coconuts taken from the premises of a
plantation;
e. If the property taken is fish taken from the fishpond or fishery;
f. If the property was taken on the occasion of calamity.

Note: Art. 310 par. b was amended by:

1. New Anti-Carnapping Law (RA 10883)

2. Anti-Cattle Rustling Law (PD 533)

Anti-Carnapping Act of 2016 (RA 10883)

RA 10883 punishes the crime of carnapping which refers to the taking, with intent
to gain, of a motor vehicle belonging to another without the latter’s consent, or by
means of violence against or intimidation of persons, or by using force upon
things.

Article 311. Theft of the property of the National Library and National
Museum.— If the property stolen be any property of the National Museum, the
penalty shall be arresto mayor or a fine ranging from Forty thousand pesos
(₱40,000) to One hundred thousand pesos (₱100,000), or both, unless a higher
penalty should be provided under other provisions of this Code, in which case, the
offender shall be punished by such higher penalty."

ANTI – CATTLE RUSTLING LAW PD 533

*Cattle rustling – taking away by any means, method or scheme, without the
consent of the owner/raiser, of any of the animals ( large cattle) whether or not for
profit or gain, or whether committed with or without violence against or
intimidation of any person or force upon things, it includes the killing of large
cattle, or taking its meat or hide.

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*Large Cattle – cow, carabao, horse, mule, ass, or other domestic member of the
bovine family.

*Timber smuggling from, and illegal cutting of logs in, public forest and forest
reserves – qualified theft/PD330

ANTI – FENCING LAW PD 1612

*Fencing – the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell or in any other manner deal in any article, item, or object or
anything of value which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft.

*Elements:

1) The crime of robbery or theft has been committed.

2) The accused, who is not a principal or accomplice in the commission of the
crime of robbery or theft, buys, receives, possess, keeps, acquires, conceal,
sells or disposes, or buy andsells, or in any manner deals in any article,
item, object or anything of value, which has been derived from the proceeds
of the said crime.
3) The accused knows or should have known that the said article, item,
objector anything of value has been derived from the proceeds of the crime of
robbery or theft.
4) There is, on the part of the accused ,intent to gain for himself or another.

Mere possession of any good, article, item, object or anything of value which has
been the subject of robbery or thievery shall be prima facie evidence of fencing.

*The crime of robbery and theft, on one hand, and fencing, on the other, are
separate and distinct offenses.

Chapter Four
USURPATION

Article 312. Occupation of real property or usurpation of real rights in

property. - Any person who, by means of violence against or intimidation of
persons, shall take possession of any real property or shall usurp any real rights in
property belonging to another, in addition to the penalty incurred for the acts of
violence executed by him, shall be punished by a fine from fifty (50) to one
hundred (100) per centum of the gain which he shall have obtained, but not less
than Fifteen thousand pesos (₱15,000).

"If the value of the gain cannot be ascertained, a fine from Forty thousand pesos
(₱40,000) to One hundred thousand pesos (₱100,000) shall be imposed."

Acts punished:

1. By taking possession of any real property belonging to another bymeans of

violence against or intimidation of persons.
2. By usurping any real rights in property belonging to another by means of
violence against or intimidation of persons.

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Article 313. Altering boundaries or landmarks. - Any person who shall alter
the boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same, shall be punished by
arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), or both."

Chapter Five
CULPABLE INSOLVENCY

Article 314. Fraudulent insolvency. - Any person who shall abscond with his
property to the prejudice of his creditors, shall suffer the penalty of prision mayor,
if he be a merchant and the penalty of prision correccional in its maximum period
to prision mayor in its medium period, if he be not a merchant.

Chapter Six
SWINDLING AND OTHER DECEITS

ESTAFA

Is committed by any person who defrauds another with unfaithfulness or

abuse of confidence, by means of false pretenses or fraudulent acts executed prior
to or simultaneously with the commission of the fraud (parting of property by the
victim) or through fraudulent means. (Art. 315)

Article 315. Swindling (estafa). - Any person who shall defraud another by
any of the means mentioned hereinbelow shall be punished by:

1. With unfaithfulness or abuse of confdence, namely:

a. altering the substance, quantity, or quality of anything of value which

the offender shall deliver by virtue of an obligation to do so, even
though such obligation be based on an immoral or illegal
consideration. (Estafa with unfaithfulness)

b. By misappropriating or converting, to the prejudice of another, money,

goods, or any other personal property received by the offender in trust
or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the same,
even though such obligation be totally or partially guaranteed by a
bond; or by denying having received such money, goods, or other
property. (Estafa with abuse of confidence)

c. By taking undue advantage of the signature of the ofended party in

blank, and by writing any document above such signature in blank, to
the prejudice of the offended party or any third person. (Estafa by
taking advantage of signature)

2. By means of any of the following false pretenses or fraudulent acts executed

prior to or simultaneously with the commission of the fraud:

a. By using fctitious name, or falsely pretending to possess power,

influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.

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 (Estafa by using fctitious name- the crime of using fictitious name is
absorbed in estafa by using fictitious name)

b. By altering the quality, fneness or weight of anything pertaining to

his art or business. (Estafa by Alteration)

Altering Substance:
Where a person sold 100 tins to another saying that all of it
contained opium however, it was discovered that only 50 tins
contained opium and the other 50 contains only molasses.

Here there was alteration of the substance from opium to

molasses.

Altering the Quantity:

A person agreed to the sale of 100 cavans of rice and in fact
received the payment but delivers only 80 cavans is guilty of
estafa for altering the quantity (number) of the thing he is
supposed to deliver.

Altering the Quality (class, value or superiority)

A agreed to sell first class rice to another and in fact received the
payments thereof but delivered a poor kind of rice is guilty of
estafa for altering the quality. From first class to poor class of
rice.

If there is no agreement as to the quality, no estafa if the thing

delivered is not acceptable to the complainant.

The crime of estafa with unfaithfulness can still be committed

even if the obligation be based on immoral or illegal consideration
like the delivery of a thing which is not the subject of a lawful
commerce such as opium and other drugs.

c. By pretending to have bribed any Government employee, without

prejudice to the action for calumny which the offended party may
deem proper to bring against the offender. In this case, the offender
shall be punished by the maximum period of the penalty. (Estafa by
pretending to have bribed a public officer)

d. By postdating a check, or issuing a check in payment of an obligation

when the ofender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check. The failure
of the drawer of the check to deposit the amount necessary to cover his
check within three (3) clays from receipt of notice from the bank and/or the
payee or holder that said check has been dishonored for lack or insufciency
of funds shall be prime facie evidence of deceit constituting false pretense or
fraudulent act. (Estafa through issuance of bouncing check

3. Through any of the following fraudulent means:

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 a. By inducing another, by means of deceit, to sign any document.
(Estafa by inducing another to sign)
b. By resorting to some fraudulent practice to insure success in a
gambling game. (Estafa through fraudulent gambling)
c. By removing, concealing or destroying, in whole or in part, any court
record, office fles, document or any other papers." (Estafa by
removing, concealing or destroying document)

For public ofcers the crime is infidelity in the custody of documents under
article 226 of the RPC.

SYNDICATED ESTAFA- P.D. 1689

The elements of syndicated estafa are the following:

1. Estafa or other forms of swindling under articles 315 to 318 of the RPC
is committed;
2. It is committed by a syndicate of five or more persons; and
3. Defraudation results in the misappropriation of moneys contributed by
stockholders, or members of rural banks, cooperative, samahang
nayon, or farmers associations, or funds solicited by corporations/
associations from the general public.

SYNDICATE

A syndicate is defined as consisting of five or more persons formed

with the intention of carrying out unlawful or illegal act, transaction,
enterprise or scheme. In illegal recruitment, trafcking in person and child
pornography, a syndicate is only composed of at least three offenders. In
syndicate/organized crime group, a syndicate is composed of atleast two
offenders.

PONZI OR PYRAMID SCHEME

Diagrammatically, such a scheme look like a pyramid; hence its name.

Members of the syndicate operating a Ponzi or pyramiding scheme are liable
for syndicated estafa.

ANTI-BOUNCING CHECKS LAW-B.P.22 ELEMENTS:

1. The accused makes or draws, and issues any check to apply on

account or for value;
2. The accused knows at the time of the issuance that he or she does not
have sufcient funds in, or credit with, the drawee bank for the
payment of the check in full upon its presentment; and
3. The check is subsequently dishonored by the drawee bank for
insufciency of funds or credit, or it would have been dishonored for
the same reason had not the drawer, without any valid reason, ordered
the bank to stop payment.

Lack of deceit is a defense in estafa but not in violation of B.P. 22 since

the latter is malum prohibitum. Dishonor by reason of closed account

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 is covered by B.P. 22. The term closed accounts is within the meaning
of D.A.I.F.

By current banking practice, a check becomes stale after more than

six months, if the check is presented after six months from issuance
thereof, it will be dishonored for being stale dated.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its
minimum and medium period and a fine of not less than the value of the
damage caused and not more than three times such value, shall be imposed
upon:

1. Any person who, pretending to be owner of any real property, shall

convey, sell, encumber or mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from
its lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any
fictitious contract.
5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed
by him, when in fact he did not actually perform such services or
labor.
6. Any person who, while being a surety in a bond given in a criminal or
civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed
the fulfillment of such obligation.

Article 317. Swindling a minor. - Any person who taking advantage of the
inexperience or emotions or feelings of a minor, to his detriment, shall
induce him to assume any obligation or to give any release or execute a
transfer of any property right in consideration of some loan of money, credit
or other personal property, whether the loan clearly appears in the
document or is shown in any other form, shall suffer the penalty of arresto
mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor.

Elements:

1) That the offender takes advantage of the inexperience or emotions

or feelings of a minor.
2) That he induces such minor (1) to assume an obligation, or (2) to
give release, or (3) to execute a transfer of any property right.
3) That the consideration is (1) some loan of money, (2) credit, or (3)
other personal property.
4) That the transaction is to the detriment of such minor.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not
less than the amount of the damage caused and not more than twice such
amount shall be imposed upon any person who shall defraud or damage

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 another by any other deceit not mentioned in the preceding articles of
this Chapter.

"Any person who, for proft or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the public
in any other similar manner, shall suffer the penalty of arresto mayor or a
fine not exceeding Forty thousand pesos (₱40,000)."

Punishable acts:

1. By defrauding or damaging another by any other deceit not

mentioned in the preceding articles.
2. By interpreting dreams, by making forecasts, by telling fortunes, or
by taking advantage of the credulity of the public in any other similar
manner, for profit or gain.

*Estafa by hiring and using public vehicle without money to pay the fare*

Chapter Seven
CHATTEL MORTGAGE

Article 319. Removal, sale or pledge of mortgaged property. - The penalty or

arresto mayor or a fine amounting to twice the value of the property shall be
imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than the one in
which it was located at the time of the execution of the mortgage, without the
written consent of the mortgagee, or his executors, administrators or
assigns.
2. Any mortgagor who shall sell or pledge personal property already pledged, or
any part thereof, under the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the mortgage and noted on
the record hereof in the ofce of the Register of Deeds of the province where
such property is located.

ARSON

The original law on arson is Article 320 to 326-B of the RPC as amended by R.A.
5467. Thereafter, P.D. 1613 repealed expressly these provisions. Later, the death
penalty law, R.A. 7659 re-enacted Art. 320 making arson with homicide a heinous
crime punishable with death (now, reclusion perpetua).

Arson defned.

Arson is defined as the malicious destruction of property by fire.

Kinds of Arson.

1. Simple Arson (Sec. 1, P.D. No. 1613)

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 2. Destructive Arson (Art. 320, as amended by R.A. No. 7659)
3. Other cases of Arson (Sec. 3, P.D. No. 1613)

Note:

The crime of arson has no frustrated stage.

The penalty depends on the value or amount of the damage caused.

There is no complex crime of arson with homicide, if death results by reason or on

occasion of arson, the crime is simply arson.

If the objective of the offender is to kill and arson is resorted to as the means to
accomplish the crime, the offender can be charged with murder only.

But if the objective is to kill-and in fact the offender has already done so-and arson
is resorted to as a means to cover up the killing, the offender may be convicted of
two separate crimes of either homicide or murder, and arson.

Chapter Nine
MALICIOUS MISCHIEF

Article 327. Malicious mischief

Committed by any person who shall deliberately cause to the property of

another any damage not covered by the crime of arson.

Elements:

1) That the offender deliberately caused damage to the property of another.

2) That such act does not constitute arson or other crimes involving
destruction.
3) That the act of damaging another’s property be committed merely for the
sake of damaging it.

Article 328. Special cases of malicious mischief. - Any person who shall cause
damage to obstruct the performance of public functions, or using any poisonous
or corrosive substance; or spreading any infection or contagion among cattle; or
who causes damage to the property of the National Museum or National Library,
or to any archive or registry, waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:

"1. By prisión correccional in its minimum and medium periods, if the value of the
damage caused exceeds Two hundred thousand pesos (₱200,000);

"2. Bv arresto mayor if such value does not exceed the abovementioned amount but
is over Forty thousand pesos (₱40,000); and

"3. By arresto menor, if such value does not exceed Forty thousand pesos
(₱40,000)."

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The special cases of malicious mischief are:

1. Causing damage to obstruct the performance of public functions.

2. Using any poisonous or corrosive substance.
3. Spreading any infection or contagion among cattle.
4. Causing damage to the property of the Nation Museum or National Library, or
to any archives or registry, waterworks, road, promenade, or any other thing
used in common by public.

*These are called qualifed malicious mischief

Article 329. Other mischiefs. - The mischiefs not included in the next preceding
article shall be punished:

"1. By arresto mayor in its medium and maximum periods, if the value of the
damage caused exceeds Two hundred thousand pesos (₱200,000);

"2. By arresto mayor in its minimum and medium periods, if such value is over
Forty thousand pesos (₱40,000) but does not exceed Two hundred thousand pesos
(₱200,000); and

"3. By arresto menor or a fine of not less than the value of the damage caused and
not more than Forty thousand pesos (₱40,000), if the amount involved does not
exceed Forty thousand pesos (₱40,000) or cannot be estimated."

Article 330. Damage and obstruction to means of communication. - The

penalty of prision correccional in its medium and maximum periods shall be
imposed upon any person who shall damage any railway, telegraph or telephone
lines.

If the damage shall result in any derailment of cars, collision or other accident, the
penalty of prision mayor shall be imposed, without prejudice to the criminal
liability of the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables,
signal system and other things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.

Article 331. Destroying or damaging statues, public monuments or

paintings. - Any person who shall destroy or damage statues or any other useful
or ornamental public monument, shall suffer the penalty of arresto mayor in its
medium period to prisión correccional in its minimum period.

"Any person who shall destroy or damage any useful or ornamental painting of a
public nature shall suffer the penalty of arresto menor or a fine not exceeding Forty
thousand pesos (₱40,000), or both such fine and imprisonment, in the discretion of
the court."

Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Article. 332. Persons exempt from criminal liability

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 No criminal but only civil liability shall result from the commission of the
crime of THEFT, SWINDLING (Estafa), or MALICIOUS MISCHIEF committed or
caused mutually by the following persons:

a. Spouses, ascendants and descendants or relatives by afnity in the

same line.
b. The widowed spouse with respect to the property of the deceased
spouse before the same shall have been into the possession of another;
c. Brothers and sisters and brothers-in-law and sisters-in-law if living
together.

Note:

Any strangers participating in the commission of the offense are not entitled to the
exemption.

CRIME AGAINST CHASTITY

Article 333. Who are guilty of adultery

Committed by any married woman who shall have sexual intercourse with
another man not her husband and by the man who has carnal knowledge of her
knowing her to be married.

Note:
Each sexual intercourse constitutes separate ofense.

Article 334. Concubinage

Committed by any married man under any of the following circumstances:

a. Keeping a mistress in the conjugal dwelling;

b. Having sexual intercourse with another woman not her wife under
scandalous circumstances;
c. Cohabiting with another woman not her wife in any other place.

Note:

This is a continuing offense. Hence, there is only one crime of cuncubinage

regardless of the number of sexual intercourse.

Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS

Article 335 of the Revised Penal Code has been repealed by R.A. No. 8353 [Anti-
Rape law of 1997] effective October 22, 1997. New provsions on rape are found in
Arts. 266-A to 266-D of the Revised Penal Code.)

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Article 336. Acts of Lasciviousness

Committed by any person who shall commit any act of lasciviousness upon
other persons of either sex under the same circumstances in which rape is
committed.

Lascivious conduct.

Lascivious conduct means the intentional touching, either directly or indirectly or

through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks,
whether of the same or opposite sex with an intent to abuse, humiliate, harass,
degrade, or arouse, or gratify the sexual desires of any person, bestiality,
masturbation, lascivious exhibition of the genitals or pubic area of a person. (Sec.
2 (h), Rules and Regulation of the Reporting and Investigation of Child Abuse
Cases).

Attempted rape vs. Acts of Lasciviousness

1. If the act performed by the offender clearly indicate that his purpose was to
lie with the offended woman, it is attempted rape.
2. In case of attempted rape, the lascivious acts are preparatory acts to the
commission of rape, whereas, in the other, the lascivious acts are themselves
the final objective sought by the offender.

*Desistance in the commission of attempted rape may constitute acts of

lasciviousness.

*No attempted and frustrated crime of acts of lasciviousness.

Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Seduction

Enticing a woman to an unlawful sexual intercourse by promise of marriage

or other means of persuasion without use of force. There must be sexual
intercourse. The crime of seduction could either be qualified under Art. 337 or
simple under Art. 338.

Article 337. Qualifed seduction

The seduction of a virgin sixteen and over but under eighteen years of age
, committed by:

a. Any person in public authority

b. Priest who abused confidence reposed in them
c. House servant who abused confidence reposed in them
d. Guardian
e. Teacher
f. Any person entrusted with the education or custody of the woman
seduced.

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 g. Brother who seduced his sister
h. Ascendant who seduced his descendant

Note: Article 337. Qualifed seduction. - The seduction of a minor, sixteen and
over but under eighteen years of age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or any person who, in any
capacity, shall be entrusted with the education or custody of the minor seduced,
shall be punished by prision correccional in its minimum and medium periods.

"The penalty next higher in degree shall be imposed upon any person who shall
seduce his sister or descendant, whether or not she be a virgin or over eighteen
years of age.

"Under the provisions of this Chapter, seduction is committed when the offender
have carnal knowledge of any of the persons and under the circumstances
described therein. (R.A. 11648, March 04, 2022)

Article 338. Simple seduction

The seduction of a woman by means of deceit by persons not included in
qualified seduction.

Note: Article 338. Simple seduction. - The seduction of a minor, sixteen and
over but under eighteen years of age, committed by means of deceit, shall be
punished by arresto mayor. (R.A. 11648, March 04, 2022)

Article 339. Acts of lasciviousness with the consent of the offended party. -
The penalty of arresto mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and the same circumstances as
those provided in Articles 337 and 338.

Elements:

1) That the offender commits acts of lasciviousness.

2) That the acts are committed upon a woman who is virgin or single or widow
of good reputation, under 18 years of age but over 12 years, or a sister or
descendant regardless of her reputation or age.
3) That the offender accomplishes the acts by abuse of authority, confidence,
relationship, or deceit.

*Male cannot be the offended party in this crime.

*Committed by the same persons under the same circumstances as those provided
in article337 and 338.

Article 340. Corruption of minors

Committed by any person who shall promote or facilitate the prostitution or

corruption of a person under age to satisfy the lust of another.

*Mere proposal will consummate the offense.

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*Child prostitution RA 7610

Article 341. White slave trade

It is committed by:

a. Engaging in the business of prostitution.

b. Profiting by prostitution.
c. Enlisting the services of women for the purpose of prostitution.

Chapter Four
ABDUCTION

Abduction

It is the taking away of a woman from her house or the place where she may be for
the purpose of carrying her to another place with intent to marry or corrupt her.

Sexual intercourse is not necessary.

Article 342. Forcible abduction

The abduction of any woman against her will and with lewd design.

Elements:

1) That the person abducted is any woman, regardless of her age, civil status or
reputation.
2) That the abduction is against her will.
3) That the abduction is with lewd design

Note:

*When there are several defendants, it is enough that one of them had lewd
designs.
*Husband not liable for abduction of his wife as lewd design is wanting.
*Sexual intercourse is not necessary in forcible abduction.
*When there is deprivation of liberty and no lewd designs, it is kidnapping and
serious illegal detention.
*There can only be one complex crime of forcible abduction with rape when forcible
abduction is followed by several acts of rape.
*Rape may absorb forcible abduction if the main objective was to rape the victim.

Article 343. Consented abduction

The abduction of a virgin over 12 but under 18 carried out with the consent
of the woman and with lewd design.

Elements:

1) That the offended party must be a virgin.

2) That she must be over 12 and under 18 years of age.

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 3) That the taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender.
4) That the taking away of the offended party must be with lewd designs.

*Virginity – referred under this article is not to be understood in so material sense

as to exclude the idea of abduction of a virtuous woman of good reputation.

Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Article 344. Prosecution of the crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness. - The crimes of adultery and
concubinage shall not be prosecuted except upon a complaint filed by the offended
spouse.

The offended party cannot institute criminal prosecution without including both
the guilty parties, if they are both alive, nor, in any case, if he shall have consented
or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be

prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of

the offender with the offended party shall extinguish the criminal action or remit
the penalty already imposed upon him. The provisions of this paragraph shall also
be applicable to the co-principals, accomplices and accessories after the fact of the
above-mentioned crimes.

Article 345. Civil liability of persons guilty of crimes against chastity. -

Person guilty of rape, seduction or abduction, shall also be sentenced:

1. To indemnify the offended woman.

2. To acknowledge the offspring, unless the law should prevent him from so
doing.
3. In every case to support the offspring.

The adulterer and the concubine in the case provided for in Articles 333 and 334
may also be sentenced, in the same proceeding or in a separate civil proceeding, to
indemnify for damages caused to the offended spouse.

Article 346. Liability of ascendants, guardians, teachers, or other persons

entrusted with the custody of the offended party. - The ascendants, guardians,
curators, teachers and any person who, by abuse of authority or confidential
relationships, shall cooperate as accomplices in the perpetration of the crimes
embraced in chapters, second, third and fourth, of this title, shall be punished as
principals.

Teachers or other persons in any other capacity entrusted with the education and
guidance of youth, shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual special disqualification.

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Any person falling within the terms of this article, and any other person guilty of
corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the ofce of guardian.

Title Twelve

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter one
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Article 347. Simulation of births, substitution of one child for another and
concealment or abandonment of a legitimate child. - The simulation of births
and the substitution of one child for another shall be punished by prisión mayor
and a fine of not exceeding Two hundred thousand pesos (₱200,000).

"The same penalties shall be imposed upon any person who shall conceal or
abandon any legitimate child with intent to cause such child to lose its civil status.

"Any physician or surgeon or public ofcer who, in violation of the duties of his
profession or ofce. shall cooperate in the execution of any of the crimes mentioned
in the two (2) next preceding paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary special disqualification."

Article 348. Usurpation of civil status. - The penalty of prision mayor shall be
imposed upon any person who shall usurp the civil status of another, should he do
so for the purpose of defrauding the offended part or his heirs; otherwise, the
penalty of prision correccional in its medium and maximum periods shall be
imposed.

Chapter Two
ILLEGAL MARRIAGES

Article 349. Bigamy. - The penalty of prision mayor shall be imposed upon any
person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent spouse has been declared
presumptively dead by means of a judgment rendered in the proper proceedings.

Elements:

1) That the offender has been legally married.

2) That the marriage has not been legally dissolved or, in case his or her
spouse is absent, the absent spouse could not yet be presumed dead
according to the Civil Code.
3) That he contracts a second or subsequent marriage.
4) That the second or subsequent marriage has all the essential requisites for
validity.

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Article 350. Marriage contracted against provisions of laws. - The penalty of
prision correccional in its medium and maximum periods shall be imposed upon
any person who, without being included in the provisions of the next proceeding
article, shall have not been complied with or that the marriage is in disregard of a
legal impediment.

If either of the contracting parties shall obtain the consent of the other by means of
violence, intimidation or fraud, he shall be punished by the maximum period of the
penalty provided in the next preceding paragraph.

Article 351. Premature marriages. - Any widow who shall marry within three
hundred and one day from the date of the death of her husband, or before having
delivered if she shall have been pregnant at the time of his death, shall be
punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have
been annulled or dissolved, if she shall marry before her delivery or before the
expiration of the period of three hundred and one day after the legal separation.

(Article 352 of the Revised Penal Code on premature marriages was repealed
by R.A. 10655, approved on March 13, 2015.)

Title Thirteen

CRIMES AGAINST HONOR

Chapter One
LIBEL

CRIMES AGAINST HONOR

Section One. - Defnitions, forms, and punishment of this crime.

Article 353. Defnition of libel. - A libel is public and malicious imputation of a

crime, or of a vice or defect, real or imaginary, or any act, omission, condition,
status, or circumstance tending to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one who is dead.

Elements of defamation:

1. That there must be an imputation of a crime, or of a vice or defect, real or

imaginary, or any act, omission, status or circumstance.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed to a natural or juridical person, or one
who is dead.
5. That the imputation must tend to cause the dishonor, discredit or contempt
of the person defamed.

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Article 354. Requirement for publicity. - Every defamatory imputation is
presumed to be malicious, even if it be true, if no good intention and justifiable
motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of

any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of
any judicial, legislative or other ofcial proceedings which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of
any other act performed by public ofcers in the exercise of their functions.

Article 355. Libel by means of writings or similar means. - A libel committed

by means of writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar means, shall be
punished by prisión correccional in its minimum and medium periods or a fine
ranging from Forty thousand pesos (₱40,000) to One million two hundred
thousand pesos (₱1,200,000), or both, in addition to the civil action which may be
brought by the offended party."

Libel may be committed by means of:

1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic exhibition
10. Or any similar means

Article 356. Threatening to publish and offer to prevent such publication for
a compensation. - The penalty of arresto mayor or a fine from Forty thousand
pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or both, shall be
imposed upon any person who threatens another to publish a libel concerning him
or the parents, spouse, child, or other member of the family of the latter, or upon
anyone who shall offer to prevent the publication of such libel for a compensation
or money consideration."

Article 357. Prohibited publication of acts referred to in the course of

ofcial proceedings. - The penalty of arresto mayor or a fine of Forty thousand
pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be
imposed upon any reporter, editor or manager of a newspaper, daily or magazine,
who shall publish facts connected with the private life of another and offensive to
the honor, virtue and reputation of said person, even though said publication be
made in connection with or under the pretext that it is necessary in the narration
of any judicial or administrative proceedings wherein such facts have been
mentioned."

Article 358. Slander. - Oral defamation shall be punished by arresto mayor in its
maximum period to prisión correccional in its minimum period if it is of a serious

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and insulting nature; otherwise the penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos (₱20,000)."

Slander is libel committed by oral means, instead of in writing.

*Kinds of oral defamation:

1. Simple slander

2. Grave slander, when it is of serious and insulting nature.

Article 359. Slander by deed. - The penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period or a fine ranging from Twenty
thousand pesos (₱20,000) to One hundred thousand pesos (₱100,000) shall be
imposed upon any person who shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or contempt upon another person. If
said act is not of a serious nature. the penalty shall be arresto menor or a fine not
exceeding Twenty thousand pesos (₱20,000)."

Slander by deed is a crime against honor which his committed by performing any act which casts
dishonor, discredit, or contempt upon another person.

Elements:
1) That the offender performs any act not included in any other crime against
honor. That such act is performed in the presence of other person or
persons.
2) That such act casts dishonor, discredit or contempt upon the offended party.

Kinds of slander by deed:

1. Simple slander by deed

2. Grave slander by deed

Section Two. - General provisions

Article 360. Persons responsible. - Any person who shall publish, exhibit, or
cause the publication or exhibition of any defamation in writing or by similar
means, shall be responsible for the same.

The author or editor of a book or pamphlet, or the editor or business manager of a

daily newspaper, magazine or serial publication, shall be responsible for the
defamations contained therein to the same extent as if he were the author thereof.

The criminal and civil action for damages in cases of written defamations as
provided for in this chapter, shall be filed simultaneously or separately with the
court of first instance of the province or city where the libelous article is printed
and first published or where any of the offended parties actually resides at the time
of the commission of the offense: Provided, however, That where one of the
offended parties is a public ofcer whose ofce is in the City of Manila at the time
of the commission of the offense, the action shall be filed in the Court of First
Instance of the City of Manila, or of the city or province where the libelous article is
printed and first published, and in case such public ofcer does not hold ofce in
the City of Manila, the action shall be filed in the Court of First Instance of the

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province or city where he held ofce at the time of the commission of the offense or
where the libelous article is printed and first published and in case one of the
offended parties is a private individual, the action shall be filed in the Court of
First Instance of the province or city where he actually resides at the time of the
commission of the offense or where the libelous matter is printed and first
published: Provided, further, That the civil action shall be filed in the same court
where the criminal action is filed and vice versa: Provided, furthermore, That the
court where the criminal action or civil action for damages is first filed, shall
acquire jurisdiction to the exclusion of other courts: And, provided, finally, That
this amendment shall not apply to cases of written defamations, the civil and/or
criminal actions which have been filed in court at the time of the effectivity of this
law.

Preliminary investigation of criminal action for written defamations as provided for

in the chapter shall be conducted by the provincial or city fiscal of the province or
city, or by the municipal court of the city or capital of the province where such
action may be instituted in accordance with the provisions of this article.

No criminal action for defamation which consists in the imputation of a crime

which cannot be prosecuted de oficio shall be brought except at the instance of
and upon complaint expressly filed by the offended party. (As amended by R.A.
1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965).

Persons responsible for libel are:

1. The person who publishes, exhibits or causes the publication or exhibition of

any defamation in writing or similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily newspaper magazine or serial
publication.
5. The owner of the printing plant which publishes a libelous article with his
consent and all other persons who in any way participate in or have
connection with its publication. (US vs. Ortiz)

Article 361. Proof of the truth. - In every criminal prosecution for libel, the truth
may be given in evidence to the court and if it appears that the matter charged as
libelous is true, and, moreover, that it was published with good motives and for
justifiable ends, the defendants shall be acquitted.

Proof of the truth of an imputation of an act or omission not constituting a crime

shall not be admitted, unless the imputation shall have been made against
Government employees with respect to facts related to the discharge of their ofcial
duties.

In such cases if the defendant proves the truth of the imputation made by him, he
shall be acquitted.

Article 362. Libelous remarks. - Libelous remarks or comments connected with

the matter privileged under the provisions of Article 354, if made with malice, shall
not exempt the author thereof nor the editor or managing editor of a newspaper
from criminal liability.

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Distinguish Libel, Oral Defamation, Slander by Deed from each other:

LIBEL-355 SLANDER OR ORAL SLANDER BY

DEFAMATION-358 DEED-359
Committed by Oral means Performance of an
means of writing, act not punished as
printing, libel or slander,
lithography, which shall cast
engraving, radio, dishonor , discredit
phonograph, or contempt upon
painting, theatrical another person
exhibition,
cinematographic
exhibition, or any
similar means.
ELEMENTS ELEMENTS

-Oral defamation if it
a. The writing, is of a serious anda. the offender
utterance or acts insulting nature performs any act not
must be defamatory; constitutes grave included in any other
b. It must be slander, otherwise, it crime against honor;
malicious; is slight slander b. that such act is
c. It must be given -slander is a performed in the
publicly; and defamation presence of other
d. The victim must be committed by oral person or persons;
identifiable (spoken means), and
instead in writing.c. that such act casts
CYBER LIBEL Speaking of base and dishonor, discredit
defamatory words or contempt upon
-Under section 4 (c) (4) which tend to the offended party.
of R.A. No. 10175, prejudice another in
cyberc rime
punishable includes his reputation, ofce, -Slander by deed is
content-related trade, business, or libel committed by
offenses such as means of livelihood. actions rather than
cyber libel, which is - The words “putang words. The most
an unlawful or ina mo” are common common example are
prohibited act of expression in the slapping or spitting
libel as defined in dialect that is often on his/her face in
Art. 355 committed
through a computer employed, not really front of the public
system or any other to slander but rather market, in full view
similar means to express anger or of the crowd, thus
which may be displeasure. casting dishonor,
devised in the discredit , and
future. contempt, upon the
person of another;
pointing a dirty
finger
PRIVILEGED COMMUNICATION:

ABSOLUTE PRIVILEGE COMMUNICATION

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-are those that are not actionable even if the author acted in bad faith such as
speech in debate in the congress or in the committee thereof or words uttered or
published in the course of judicial proceedings, provided the statements are
pertinent or relevant to the case; or which is legitimately related thereto, or so
pertinent to the subject of controversy that it may become the subject of the
inquiry in course of the trial.

QUALIFIED PRIVILEGE COMMUNICATION (QPC)

-if the defamatory statements is QPC, there is no malice in law. Hence, to prove
libel or defamation, malice in fact must be established beyond reasonable doubt.
The privilege character of communication is subject to qualification that it is made
without malice. If there is proof of actual malice, the defamatory communication is
not privilege; hence libel or defamation is committed.

Chapter Two
INCRIMINATORY MACHINATIONS

Article 363. Incriminating innocent person. - Any person who, by any act not
constituting perjury, shall directly incriminate or impute to an innocent person the
commission of a crime, shall be punished by arresto menor.

Elements:
1) That the offender performs an act.
2) That by such act he directly incriminates or imputes to an innocent person
the commission of a crime.
3) That such act does not constitute perjury

Article 364. Intriguing against honor. - The penalty of arresto menor or fine not
exceeding Twenty thousand pesos (₱20,000) shall be imposed for any intrigue
which has for its principal purpose to blemish the honor or reputation of a person."

Title Fourteen

QUASI-OFFENSES

Sole Chapter
CRIMINAL NEGLIGENCE

Article 365. Imprudence and negligence.— Any person who, by reckless

imprudence, shall commit any act which, had it been intentional, would constitute
a grave felony, shall suffer the penalty of arresto mayor in its maximum period to
prisión correccional in its medium period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty of arresto menor in
its maximum period shall be imposed.

"Any person who, by simple imprudence or negligence, shall commit an act which
would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor
in its medium and maximum periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum period shall be imposed.

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"When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine ranging
from an amount equal to the value of said damages to three (3) times such value,
but which shall in no case be Less than Five thousand pesos (₱5,000).

"A fine not exceeding Forty thousand pesos (₱40.000) and censure shall be
imposed upon any person, who, by simple imprudence or negligence, shall cause
some wrong which, if done maliciously, would have constituted a light felony.

"In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in Article 64.1âwphi1

"The provisions contained in this article shall not be applicable:

"1. When the penalty provided for the offense is equal to or lower than those
provided in the first two (2) paragraphs of this article, in which case the court shall
impose the penalty next lower in degree than that which should be imposed in the
period which they may deem proper to apply.

"2. When, by imprudence or negligence and with violation of the Automobile Law,
the death of a person shall be caused, in which case the defendant shall be
punished by prisión correccional in its medium and maximum periods.

"Reckless imprudence consists in voluntarily, but without malice, doing or failing

to do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing to perform such act,
taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place.

"Simple imprudence consists in the lack of precaution displayed in those cases in

which the damage impending to be caused is not immediate nor the danger clearly
manifest.

"The penalty next higher in degree to those provided for in this article shall be
imposed upon the offender who fails to lend on the spot to the injured parties such
help as may be in his hands to give."

Quasi-offenses under Article e65 are committed in four ways:

1. By committing through reckless imprudence any act which, had it been

intentional, would constitute a grave or less grave felony or light felony.
2. By committing through simple imprudence or negligence an act which would
otherwise constitute a grave or a less serious felony.
3. By causing damage to the property of another through reckless imprudence
or simple imprudence or negligence.
4. By causing through simple imprudence or negligence some wrong which, if
done maliciously, would have constituted a light felony.

*Imprudence or negligence is the crime itself – not simply a way of committing a

crime. (Ivler vs. San Pedro)

*Imprudence or negligence simply a way of committing a crime – ABANDONED

DOCTRINE.

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IMPRUDENCE

Is an act by reckless imprudence, which had it been intentional, would

constitute a grave felony, or a light felony.

NEGLIGENCE
Is an act by simple impudence or negligence which would otherwise
constitute a grave felony or a less serious felony or causing wrong by simple
imprudence or negligence, which if done maliciously, would have constituted a
light felony.

RECKLESS IMPRUDENCE

Consist in voluntary but without malice, doing or failing to do an act from

which material damage results by reason of inexcusable lack of precaution on the
part of the person performing or failing to perform such act, taking into
consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and place.

Elements of reckless imprudence:

1) That the offender does or fails to do an act.

2) That the doing of or the failure to do that act is voluntary.
3) That it be without malice.
4) That material damage results.
5) That there is inexcusable lack of precaution on the party of the offender,
taking into consideration –
a) His employment or occupation;
b) Degree of intelligence, physical condition; and
c) Other circumstances regarding persons, time and place.

SIMPLE IMPRUDENCE – consists in the lack of precaution displayed in those

cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.

Elements of simple imprudence:

1) That there is lack of precaution on the part of the offender.

2) That the damage impending to be caused is not immediate or the danger is
not clearly
manifest.

Title Fifteen
FINAL PROVISIONS

Article 366. Application of laws enacted prior to this Code. - Without

prejudice to the provisions contained in Article 22 of this Code, felonies and
misdemeanors, committed prior to the date of effectiveness of this Code shall be
punished in accordance with the Code or Acts in force at the time of their
commission.

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Article 367. Repealing Clause. - Except as is provided in the next preceding
article, the present Penal Code, the Provisional Law for the application of its
provisions, and Acts Nos. 277, 282 ,480, 518, 519, 899, 1121, 1438, 1523, 1559,
1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364,
2549, 2557, 2595, 2609, 2718, 3103, 3195, 3244, 3298, 3309, 3313, 3397, 3559,
and 3586, are hereby repealed.

The provisions of the Acts which are mentioned hereunder are also repealed,
namely:

Act 666, Sections 6 and 18.

Act 1508, Sections 9, 10, 11, and 12.

Act 1524, Sections 1, 2, and 6.

Act 1697, Sections 3 and 4.

Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), 11, and 12.

Act 2381, Sections 2, 3, 4, 6, 8, and 9.

Act 2711, Sections 102, 2670, 2671, and 2672.

Act 3247, Sections 1, 2, 3, and 5; and General Order, No. 58, series of 1900,
Section 106.

And all laws and parts of laws which are contrary to the provisions of this Code are
hereby repealed.

Approved: December 8, 1930

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