Revised Penal Code Elements of Crimes under Book II

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY

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SECTION ONE: CONSPIRACY AND TREASON

  ART. 114 TREASON 1. That the offender owes allegiance to the Government of the Philippines; (a Filipino citizen or Resident alien) 2. There is a war in which the Philippines is involved 3. The offender either (modes of committing): a. Levies war against the government b. Adheres to the enemies, giving them aid or comfort.

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ART 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON 1. Conspiracy to commit treason – committed when in time 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 (Arts. 8 and 114) 2. Proposal to commit treason – committed when in time of war a person has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons (Arts. 8 and 114)

ART 116. MISPRISION OF TREASON

ART 117. ESPIONAGE

1. By entering, without authority, a warship, fort, or military or naval establishment or reservation 2. That he has knowledge of to obtain any information, any conspiracy against the plan or other data of Government; confidential nature relative to the defense of the 3. That the conspiracy is one to Philippines commit treason; 2. By disclosing to the 4. That he conceals or does not representative of a foreign disclose and make known nation the contents of the the same as soon as articles, data or information possible to the proper referred to in the preceding authority paragraph, which he had in his possession by reason of the public office he holds. 1. That the offender is a citizen of the Philippines;

RICARDO  M.  RIBO  JR.  

SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

   

ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

  1. That the offender performs unlawful or unauthorized acts;

ART. 119 VIOLATION NEUTRALITY

OF

1. That there is a war in which the Philippines is not involved;

2. That such acts provoke or 2. A regulation issued by a competent authority for the give occasion for: purpose of enforcing a. A war involving or liable to neutrality; involve the Philippines; or b. Expose Filipino citizens to reprisals on their persons 3. That the offender violates such regulation. and property.

ART 120. CORRESPONDENCE WITH HOSTILE COUNTRY 1. That it is made in time of war in which the Philippines is involved; 2. That the offender makes correspondence with the: a. Enemy country or b. Territory occupied by the enemy troops; 3. That the correspondence is either: a. Prohibited by the Government; or b. Carried on in ciphers or conventional signs; or c. If notice or information be given enemy. The following must concur to qualify the offense: 1. That the notice or information might be useful to the enemy;

ART 121. FLIGHT ENEMY’S COUNTRY

TO

1. That there is a war in which the Philippines is involved; 2. Offender owes allegiance to the Government; 3. Offender attempts to flee or go to the enemy country; 4. That going to the enemy country is prohibited by the competent authority.

SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS ARTICLE 122. PIRACY GENERAL AND MUTINY   ON THE HIGH SEAS

IN

Two ways or modes of committing piracy: 1. By attacking or seizing a vessel on the high seas or in Philippine waters; 2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Elements of piracy: 1. That a vessel is on the high seas or on Philippine waters; 2. That the offenders are NOT members of its complement or passengers of the vessel; 3. That the offenders: a. Attack or seize the vessel; or

2. That the offender intended to aid the enemy.

b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers. Piracy under PD 532: Punishes piracy committed in Philippine waters only. Offenders: any person (passenger, crew or stranger)

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SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS ARTICLE   PIRACY

123

QUALIFIED

REPUBLIC ACT NO. 6235 ANTIHIJACKING LAW

Qualifying Circumstances: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same;

“aircraft is in flight” - from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation.

2. Whenever the pirates have abandoned their victims without means of saving themselves; 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. . Qualified Mutiny: When the second or the third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance may not qualify the crime of mutiny.

Acts Punished 1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the pilots thereof to change its course or destination; Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as the case may be. 2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or compelling the pilots thereof to land in any part of Philippine territory; 3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, substances, explosive or poisonous 4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office.

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TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND CRIMES AGAINST RELIGIOUS WORSHIP

SECTION ONE: ARBITRARY DETENTION AND EXPULSION ARTICLE 124. DETENTION

ARBITRARY

1. That the offender is a public officer or employee;

ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

2. That he detains a person;

1. That the offender is a public officer or employee;

3. That the detention is without legal ground.

2. That he has detained a person for some legal ground

Legal grounds for detention of persons:

the

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

Note on R.A. 6235: Aggravating circ. to nos. 1 and2 1. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft; 2. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; 3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape;

3. That he fails to deliver such person to the proper judicial authorities within: 12 hrs. for light penalties or their equivalent.

ARTICLE RELEASE

126.

DELAYING

Three acts punished: 1. By delaying the performance of a judicial or executive order for the release of a prisoner; 2. By unduly delaying the service of the notice of such order to said prisoner; 3. By unduly delaying the proceedings upon any petition for the liberation of such person. Elements:

18 hrs. for correctional penalties or their equivalent.

1. That the offender is a public officer or employee;

36 hrs. for afflictive penalties or their equivalent

2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person; 3. That the offender without good reason delays either: a. The service of the notice of such order to the prisoner; b. The performance of such judicial or executive order for the release of the prisoner; or c. The proceedings upon a petition for the release of such person.

SECTION TWO: VIOLATION OF DOMICILE

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ARTICLE 127. EXPULSION

ARTICLE 128 VIOLATION OF DOMICILE

Two acts punished:

 

Acts Punished

1. By expelling a person from 1. By entering any dwelling the Philippines; against the will of the owner thereof; 2. By compelling a person to change his residence. 2. By searching papers or other effects found therein without Elements: the previous consent of such owner; 1. That the offender is a public officer or employee; 3. By refusing to leave the premises, after having 2. That he expels any person surreptitiously entered said from the Philippines, or dwelling and after having compels a person to change been required to leave the his residence; same. 3. That the offender is not authorized to do so by law.

ARTICLE 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Acts Punished: 1. Procuring a search warrant without just cause Elements: a. That the offender is a public officer or employee; b. That he procures search warrant;

a

ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS

1. That the offender is a public officer or employee;

Acts Punished:

2. That he searches the domicile, papers or other belongings of any person;

1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;

3. That he is armed with a warrant;

2. Hindering any person from joining any lawful association or from attending any of its meetings;

4. That the owner or member of his family or witnesses residing in same locality are present.

any two the not

3. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. Common elements:

Common elements:

1. That the offender is public Exception: (no expulsion) in officer or employee; cases of ejectment, expropriation or when the 2. That he is not authorized by penalty of destierro is judicial order to enter the imposed. dwelling and/ or to make a search for papers and for other effects. Qualifying circumstances:

c.

That there is no just cause.

2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured Elements: a. That the offender is a public officer or employee;

1. If committed at nighttime; 2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

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ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

b. That he procured warrant; c.

has a

1. That the offender is a public officer; 2. That he performs any of the acts mentioned above

ARTICLE 132. INTERRUP-TION RELIGIOUS WORSHIP

OF

1. That the offender is a public officer or employee;

legally search

2. That religious ceremonies or manifestations of any religion are about to take place or are going on;

That he exceeds his authority or uses unnecessary severity in executing the same.

3. That the offender prevents or disturbs the same - Qualified by violence or threats

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

         

ARTICLE 133. OFFENDING RELIGIOUS FEELINGS

ARTICLE 134. REBELLION/ INSURRECTION

ARTICLE D’ETAT

1. That the acts complained of were performed:

1. That there be: a. Public uprising; and b. Taking up of arms against the government.

1. That the offender is a person or persons belonging to military or police or holding any public office or employment;

a.

In a place devoted to   religious worship (not necessary that there is a religious worship); or

COUP

2. For the purpose of:

During the celebration of any religious ceremony;

a.

Removing from the allegiance to said Government or its laws:

2. That the acts must be notoriously offensive to the feelings of the faithful.

i. The territory of the Philippines, or any part thereof; or

b.

134-A.

ii. Any body of land, naval or other armed forces; or b.

Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth; 3. That the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power; 4. That the purpose of the attack is to seize or diminish state power.

ARTICLE 135. PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT

ARTICLE 136. CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION OR COUP D’ ETAT

Persons liable for rebellion, insurrection and/or coup d’etat:

1. Conspiracy to commit  rebellion – when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it

The leaders – Any person who a. Promotes; b. Maintains; or c. Heads a rebellion or insurrection; or Any person who – a. Leads; b. Directs; or c. Commands others to undertake a coup d’etat; The participants – Any person who 1. Participates; or 2. Executes the commands of others in rebellion, or insurrection;

2. Proposal to commit rebellion – when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons

Any person in the government service who 1. Participates; or 2. Executes directions or commands of others in undertaking a coup d’etat; Any person not in the government service who 1. Participates; 2. Supports; 3. Finances; 4. Abets; or 5. Aids in undertaking a coup d’etat.

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RICARDO  M.  RIBO  JR.  

TITLE THREE: CRIMES AGAINST PUBLIC ORDER ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS/ EMPLOYEES

ARTICLE 138. INCITING TO REBELLION/ INSURRECTION

1. Failing to resist a rebellion by all means in their power;

1. That the offender does not take up arms or is not in open hostility against the Government;

2. Continuing to discharge the duties of their office under the control of the rebels;

2. That he incites others to the execution of any of the acts of rebellion;

3. Accepting appointment office under the rebels.

3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations (SPWEBO) tending to the same end

Acts Punished

to

ARTICLE 139. SEDITION 1. That the offenders rise: a. Publicly; and b. Tumultuously; 2. That they employ force, intimidation, or other means outside of legal methods; 3. That the offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election; b. To prevent the government or any public officer from freely exercising its or his functions, or prevent the execution of any Administrative Order; c. To inflict any act of hate or revenge upon the person or property of any public officer or employee; d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class;

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e. To despoil, for any political or social end, any person or the government of all its property or any part thereof.

ARTICLE PENALTY SEDITION

140. FOR

ARTICLE 142. INCITING TO SEDITION Acts Punished:

Persons liable:

Elements of act no. 1: 1. That the offender does not take direct part in the crime of sedition;

1. Inciting others to commit sedition by means of 2. That he incites others to the accomplishment of any of speeches, the acts which constitute proclamations, writings, 2. Other persons sedition; emblems cartoons, participating in the banners, or other sedition. representations tending 3. That the inciting is done by means of speeches, to the same end; proclamations, writings, emblems, cartoons, banners, 2. Uttering seditious words ARTICLE 141. or other representations or speeches which tend CONSPIRACY TO tending to the same end. to disturb the public COMMIT SEDITION peace; Acts nos. 2 & 3 punishable Only Conspiracy to 3. Writing, publishing, or when: commit sedition is circulating scurrilous punishable and not libels against the 1. They tend to disturb or proposal to commit obstruct any lawful officer in Government or any of its sedition. executing the functions of his duly constituted office; authorities. There must be an agreement both to attain 4. Knowingly concealing 2. They tend to instigate others an object of sedition and to cabal and meet together such evil practices. to rise publicly and for unlawful purposes; tumultuously. 3. They suggest or incite rebellious conspiracies or riots or 1. The leader sedition;

of

the

4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the Government

CHAPTER 3: ILLEGAL ASSMBLIES/ASSOCIATIONS

CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION

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SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES ARTICLE 143. ACTS ARTICLE TENDING TO PREVENT THE 144.DISTURBANCE OF MEETING OF THE PROCEEDINGS ASSEMBLY AND SIMILAR BODIES 1. That there be a meeting of 1. That there be a projected or Congress or any of its actual meeting of the committees or National Assembly or any of subcommittees, its committees or constitutional commissions subcommittees, or committees or divisions constitutional commissions thereof, or any provincial or committees or divisions board or city or municipal thereof, or of any provincial council or board; board or city or municipal council or board; 2. That the offender does any of the following acts: 2. That the offender, who may be any person, prevents a. He disturbs any of such such meeting by force or meetings; fraud. b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it.

SECTION 2: VIOLATION OF PARLIAMENTARY IMMUNITY ARTICLE 145 VIOLATION OF PARLIAMENTARY IMMUNITY Acts Punished 1. Using force, intimidation, threats, or frauds to prevent any member from: a. Attending the meetings of Congress or any of its subcommittees, commissions or divisions thereof, or from committees or constitutional committees or b. Expressing opinions or c.

his

Casting his vote

ARTICLE 146 ILLEGAL ASSEMBLIES

ARTICLE 147 ILLEGAL ASSOCIATIONS

Forms of Illegal Assemblies: 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code

Prohibited associations: Association totally or partially organized for:

Requisites: a. That there is a meeting, gathering or group of persons, whether in a fixed place or moving; b. That the meeting is attended by armed persons; c. That the purpose of the meeting is to commit any of the crimes punishable under the Code.

2. Arresting or searching any member while Congress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor.

2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority Requisites: a. That there is a meeting, a gathering or group of persons, whether in a fixed place or moving; b. That the audiences, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Presumptions: If any person carries an unlicensed firearm, it is presumed that: 1. The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC, and 2. He is considered a leader or organizer of the meeting

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RICARDO  M.  RIBO  JR.  

1. The purpose of committing any of the crimes punishable under the Code, or 2. Some contrary to morals.

purpose public

CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS ARTICLE 152. PERSONS IN AUTHORITY & .   AGENTS OF PERSONS                                       IN AUTHORITY

ARTICLE 148 ASSAULT

DIRECT

 

Two ways to commit:

1. Without public uprising, by employing force or intimidation for the Any person who takes attainment of any of the part in the performance of purposes enumerated in public functions in the defining the crimes of government. sedition & rebellion Person in Authority (PA) Elements: a. That the offender Any person directly vested employs force or with jurisdiction, whether intimidation; as an individual or as a member of some court or b. That the aim of the governmental corporation, offender is to attain board commission. any of the purposes of the crime of rebellion Agent of a Person in or any of the objects Authority (APA) of the crime of sedition; Any person who, by direct provision of law or by c. That there is no public election or by appointment uprising. by competent authority, is charged with the maintenance of public order and the protection and security of life and property. Public Officer (PO)

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2. Without public uprising, by attacking, by employing force or seriously intimidating or by   seriously resisting any PA or APA, while engaged in the performance of official duties, or on the occasion of such performance Elements: a. That the offender: i. Makes an attack (equivalent to aggression), ii. Employs force iii. Makes a serious intimidation (unlawful coercion, duress, putting someone in fear, exertion of an influence in the mind which must be both immediate and serious), or iv. Makes a serious resistance (if not serious, crime committed may be that under resistance and disobedience); b. That the person assaulted is a person in authority or his agent; c. That at the time of the assault the person in authority or his agent: i. Is engaged in the actual performance of official duties, or ii. That he is assaulted by reason of the past performance of his official duties;

ARTICLE INDIRECT ASSAULT

149

1. That a PA or an APA is the victim of any of the forms of direct assault defined in Art. 148; 2. That a person comes to the aid of the APA; 3. That the offender makes use of force or intimidation upon such person coming to the aid of the APA.

ARTICLE DISOBEDIENCE SUMMONS ISSUED BY   NAT’L ASSEMBLY, COMMITTEES SUBCOMMITTEES, BY CONSTITUTIONAL COMMISSION, COMMITTEES, SUBCOMMITTEE DIVISIONS

150. TO THE ITS OR THE ITS

ARTICLE 151 RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON Elements of resistance & serious disobedience:

OR

1. That a PA or his APA is engaged in the performance of official duty or gives a lawful order to the offender;

1. Refusing, without legal excuse, to obey summons of Congress, or any commission or committee chairman or member authorized to summon witnesses;

2. That the offender resists or seriously disobeys such person in authority or his agent;

Acts punished:

2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official; 3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions;

d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties;

4. Restraining another from attending as a witness in such legislative or constitutional body;

e. That there is no public uprising

5. Inducing disobedience to summons or refusal to be sworn by any such body or official

3. That the act of the offender is not included in the provisions of Arts. 148-150. Elements of disobedience:

simple

1. That an APA is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender disobeys such APA; 3. That such disobedience is not of a serious nature.

CHAPTER FIVE: PUBLIC DISORDER

 

ARTICLE 153 TUMULTS &   OF OTHER DISTURBANCES PUBLIC ORDER Acts punished:

ARTICLE .C   154 UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

ARTICLE 155 ALARMS & SCANDALS

2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131132; 3. Making an outcry tending to incite 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.

1. Discharging any firearm, rocket, firecracker, or other 1. Publishing or causing to be explosive within any town or published as news any public place, which produces false news which may alarm or danger endanger the public order, or cause damage to the 2. Instigating or taking an interest or credit of the active part in any charivari or State; other disorderly meeting offensive to another or prejudicial to public 2. Encouraging disobedience tranquility to the law or to the constituted authorities or by praising, justifying or 3. Disturbing the public peace extolling any act punished while wandering about at by law, by the same means night or while engaged in or by words, utterances or any other nocturnal speeches; amusements 3. Maliciously publishing or 4. Causing any disturbance or causing to be published any scandal in public places official resolution or while intoxicated or otherwise, provided Art. 153 document without authority, is not applicable or before they have been published officially; 4. Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

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ARTICLE 156 DELIVERY OF PRISONERS FROM JAIL

ARTICLE 157 EVASION OF SERVICE OF SENTENCE

1. That there is a person confined in a jail or penal establishment;

1. That the offender is a convict by final judgment;

Acts punished:

Acts punished: 1. Causing any serious disturbance in a public place, office or establishment;

CHAPTER SIX: EVASION OF SERVICE OF SENTENCE

2. That the offender removes such person, or helps the escape of such person. 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

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 the offense:

ARTICLE 158 EVASION OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES 1. That the offender is a convict by final judgment, and is confined in a penal institution; 2. That there is disorder, resulting from:

qualifying

1. By means of unlawful entry (“by scaling”); 2. By breaking doors, windows, gates, walls, roofs or floors; 3. By using picklocks, false keys, disguise, deceit, violence, or intimidation; 4. Through connivance with other convicts or employees of the penal institution.

a. b. c. d. e.

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 hrs. following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

RICARDO  M.  RIBO  JR.  

             

CHAPTER SEVEN

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST CHAPTER ONE: FORGERIES

1. That the offender was a convict;

ARTICLE 160 COMMISSION OF ANOTHER CRIME   DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM)

ARTICLE 159 OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON)

SECTION TWO: COUNTERFEITING COINS ARTICLE 163 MAKING IMPORTING UTTERING COINS

AND AND FALSE

2. That he was granted a conditional pardon   by the Chief Executive;

1. That the offender  was already convicted by final judgment;

ARTICLE 161 COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND STAMP OF PRESIDENT

ARTICLE 162 USE OF FORGED SIGNATURE, COUNTERFEIT SEAL 1. That there be false or counterfeited coins; OR STAMP

3. That he violated any of the conditions of such pardon.

2. That he committed a new Acts Punished felony before beginning to serve such sentence or 1. Forging the Great Seal while serving the same. of the Government of the Philippines; Who can be pardoned 2. Forging the signature of A quasi-recidivist can be the President; pardoned: 1. At the age of 70, if he shall 3. Forging the stamp of the have already served out his President. original sentence (and not a habitual criminal); or

1. That the seal of the 2. That the offender either made, imported or Republic was uttered such coins; counterfeited, or the signature or stamp of the Chief Executive 3. That in case of uttering such false or was forged by another counterfeited coins, he person; connived with the counterfeiters or 2. That the offender knew importers. of the counterfeiting or forgery;

FORMS OF EVASION OF SERVICE OF SENTENCE 1. By simply leaving or escaping from the penal establishment under Art. 157 2. Failure to return within 48 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under Art. 158. 3. Violating the condition of conditional pardon under Article 159.

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  SECTION 1: FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

2. When he shall have completed it after reaching the said age, unless by reason of his conduct or other circumstances, he shall not be worthy of such clemency.

3. That he used the counterfeit seal or forged signature or stamp.

ARTICLE 164 MUTILATION OF COINSIMPORTATION AND UTTERANCE OF MUTILATED COINS Acts punished 1. Mutilating coins of the legal currency, with the intent to damage or to defraud another; 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering. ARTICLE 165. SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE Acts Punished 1. Possession of coin, counterfeited or mutilated by another with intent to utter the same knowing that it is false or mutilated; 2. Actually uttering false or mutilated coin, knowing it to be false or mutilated.

SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES

 

ARTICLE 166 FORGING TREASURY OR   BANK NOTES OR OTHER   DOCUMENTS PAYABLE TO BEARER AND UTTERING THE SAME Acts penalized: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer; 2. Importation of the same 3. Uttering the same in connivance with forgers or importers; What may be forged or falsified under Article 166: 1. Treasury or bank notes; 2. Certificates; 3. Other obligations and securities, payable to bearer.

ARTICLE 167. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENT NOT PAYABLE TO BEARER 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 OF CREDIT 1. That the treasury or bank note or certificate or other obligation and securities payable to bearer or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another; 2. 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; or b. Possession with intent to use, any of the forged or falsified documents. ARTICLE 169. HOW FORGERY IS COMMMITTED 1. By giving to treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; 2. Counterfeiting Altering Substituting Erasing any figures, letters, words or signs contained therein.

11    

ARTICLE FALSIFICATION LEGISLATIVE DOCUMENT

170 OF

ARTICLE 171 FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER

1. That there be a bill, resolution or ordinance enacted by or approved or pending approval by either House of the Legislative or any provincial board or municipal council;

1. That the offender is a public officer, employee or notary public or ecclesiastical minister;

2. The offender the same;

alters

3. That he has no proper authority therefor; 4. That alteration changed the meaning of the document.

2. That he takes advantage of his official position when: a. He has the duty to make or prepare or otherwise to intervene in the preparation of the document; OR

B. Causing it to appear that persons have participated in an act or proceeding when they did not in fact so participate. 1. That the offender caused it to appear in a document that a person or persons participated in an act or proceeding; 2. That such persons did not in fact so participate in the act or proceeding. C. Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them.

b. He has the official custody of the document which he 1. That persons participated falsifies in an act or proceeding; 3. The offender falsifies a 2. That such person or document. persons made statements in that act or proceeding; Different Modes of Falsifying a Document: 3. That the offender in making a document, A. Counterfeiting or imitating any attributed to such person, handwriting, signature or rubric. statements other than those in fact made by 1. That there be an intent to such person. imitate or an attempt to imitate; 2. The two signatures or handwriting, the genuine and the forged bear some resemblance to each other

SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES

 

D. Making untruthful statements   in a narration of facts. 1. That the offender makes in a document statements in a narration of facts; 2. That he has the legal obligation to disclose the truth of the facts narrated by him; 3. That the facts narrated by the offender are absolutely false; 4. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person. E. Altering true dates. F. Making alteration or intercalation in a genuine document which changes its meaning. 1. That there be an alteration or intercalation (insertion) on a document; 2. That it was made genuine document;

on

a

3. That the alteration and intercalation has changed the meaning of the document; 4. That the change made the document speak something false

12    

G. Issuing in an   authenticated form a document purporting to be a copy of an original document when no such original exist or including in such a copy a statement contrary to or different from that of the genuine original. H. Intercalating any instrument or note relative to the issuance in a protocol, registry or official book.

ARTICLE 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS Acts punished: 1. Falsification of public, official or commercial document by a private individual Elements: a. The offender is a private individual or a public officer or employee who did not take advantage of his official position; b. That he committed any of the acts of falsification enumerated in Art.171 (Pars.16); c. That the falsification was committed in a public or official or commercial document. 2. Falsification of private document by any person; Elements: a. That the offender committed any of the acts of falsification except those in par. 7, enumerated in Art.171; b. That the falsification was committed in a private document; c. That the falsification caused damage to a third party or at least the falsification was committed with the intent to cause damage.

3. Use of falsified documents. Elements: a. Introducing in a judicial proceeding: i. That the offender knew that the document was falsified by another person; ii. That the false document was embraced in Art. 171 or in any subdivision No.1 or 2 of Art. 172; iii. That he introduced said document in evidence in any judicial proceeding. · No damage is required. B. Use in any other transaction i. That the offender knew that the document was falsified by another person; ii. That the false document was embraced in Art. 171 or in any of subdivision No. 1 or 2 of Art. 172; iii. That he used such document (not in judicial proceeding); iv. That the use of the false document caused damage to another or at least it was used with intent to cause damage.

3. Using such falsified messages. · With respect to No. 3, the offender need not be connected to the government or to such corporation. Elements: a. That the accused knew that wireless, cable, telegraph or telephone message was falsified by any person specified in 1st paragraph of Art.173; b. That the accused used such falsified dispatch; c. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with the intent to cause such prejudice

ARTICLE 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES Acts punished: 1. Uttering fictitious wireless, telegraph, or telephone messages; 2. Falsifying wireless, telegraph or telephone messages. Elements: a. That the offender is an officer or employee of the government or an officer or an employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message; b. That he commits any of the above acts.

CHAPTER TWO: OTHER FALSITIES

  .  

SECTION FIVE

SECTION SIX

  ARTICLE 174. FALSE     MEDICAL CERTIFICATES, FALSE CERTIFICATE OF MERIT OR SERVICE

    ARTICLE 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR FALSIFICATION

Persons liable: 1. Physician or surgeon who, in connection with the practice of profession issued a false certificate; 2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances; 3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2.

2. Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person.

ARTICLE 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

ARTICLE 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME

Two offenses contemplated in Art. 177: 1. Usurpation of authority 2. Usurpation functions

of

official

Elements: fictitious name)

1. By knowingly misrepresenting oneself to be an officer, agent or representative of the government, whether local, national or foreign;

1. That a false certificate mentioned in the preceding article was issued; 2. That the offender knew that the certificate was false;

The acts performed must pertain to:

3. That he used the same.

1. The Government 2. To any person authority 3. To any public officer

in

COMMONWEALTH   ACT NO. 142, as amended by REPUBLIC ACT NO. 6085 An Act Regulating the Use of Aliases

(using

1. That the offender uses a name other than his real name; 2. That he uses that fictitious name publicly;

How committed:

2. By performing any act pertaining to a person in authority or public officer of the government under the pretense of official position and without authority.

ARTICLE 175. USING FALSE CERTIFICATES

13    

Acts punished: 1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting;

SECTION ONE: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA

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. Elements: (Concealing true name) 1. That the offender conceals: a. his true name, b. all other personal circumstances; 2. That the purpose is only to conceal his identity.

General rule: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was registered in the Bureau of Immigration upon entry, or such substitute name as may have been authorized by a competent court. Exception: As pseudonym solely for literary, cinema, television, radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice.

ARTICLE 179. ILLEGAL USE OF UNIFORM OR INSIGNIA 1. That the offender makes use of insignia, uniform or dress; 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of person of which he is not a member; and 3. That said insignia, uniform or dress is used publicly and improperly.

SECTION TWO: FALSE TESTIMONY

.      

ARTICLE 180. FALSE TESTIMONY AGAINST A DEFENDANT   1. That there be a criminal proceeding; 2. That the offender testifies falsely under oath against the defendant therein; 3. That the offender who gives false testimony knows that it is false; 4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. False testimony – is committed by any person who, being under oath, and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. Three forms testimony

of

false

1. False Testimony in Criminal Cases (Art. 180-181) 2. False Testimony in Civil Cases (Art. 182)   3. False Testimony in other cases (Art. 183)

14    

ARTICLE 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT · The false testimony in favor of the defendant need not directly influence the decision of the acquittal and it need not benefit the defendant. · Conviction or acquittal of defendant in principal case is not necessary. A defendant who falsely testifies in his own behalf in a criminal case can only be guilty of Art. 181 when he voluntarily goes upon the witness stand and falsely imputes to some other person the commission of a grave offense. If he merely denies the commission of the crime or his participation therein, he should not be prosecuted for false testimony. · Testimony complete.

must

be

ARTICLE 182. FALSE TESTIMONY IN CIVIL CASES 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 it to be false; 5. That the testimony must be malicious and given with an intent to affect the issues presented in said case.

ARTICLE 183 PERJURY Two ways perjury:

of

committing

1. By falsely testifying under oath; 2. By making a false affidavit. Elements: 1. That the accused made a statement under oath or executed an affidavit upon a material matter; 2. That the statement or affidavit was made before a competent officer authorized to receive and administer oath; 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; 4. That the sworn statement or affidavit containing the falsity is required by law

Relevant – when it tends in any reasonable degree to establish the probability or improbability of a fact in issue.

ARTICLE OFFERING TESTIMONY EVIDENCE

Pertinent – when it concerns collateral matters which make more or less probable the proposition at issue.

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

Oath – any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully.

2. That he knew the witness or testimony was false;

Affidavit – a sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer. Competent person – a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction Subornation of perjury – is committed by a person who knowingly and willfully procures another to swear falsely and he witness suborned does testify under the circumstances rendering him guilty of perjury.

184. FALSE IN

3. That the offer was made in a judicial or official proceeding. .

CHAPTER THREE: FRAUDS (Arts. 185-189)

       

ARTICLE 185. MACHI-NATIONS IN PUBLIC AUCTIONS Acts punishable: 1. Soliciting any gift   or promise as a consideration for refraining from taking part in the public auction; a. That there be a public auction; b. That the accused solicited any gift or a promise from any of the bidders; c. That such gift or promise was the consideration for his refraining from taking part in that public auction. d. That the accused had the intent to cause the reduction of the price of the thing auctioned. 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any artifice. a. That there be a public auction; b. That the accused attempted to cause the buyers to stay away from that public auction; c. That it was done by threats, gifts, promises or any other artifice. d. That the accused had the intent to cause the reduction of the price of the thing.

15    

ARTICLE 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE Acts punishable: 1. Combination or conspiracy to prevent free competition in market. By entering into any contract or agreement or taking 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. Monopoly to restrain competition in market.

free

By monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market. 3. Making transactions prejudicial to lawful commerce or to increase the market price of merchandise. The person liable is the: a. Manufacturer, b. Producer, c. Processor, or d. Importer of any merchandise or object of commerce.

The crime is committed by: (1) combining, (2) conspiring, or (3) agreeing with any person. The purpose is: (1) to make transactions prejudicial to lawful commerce, or (2) to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines.

ARTICLE 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OR THEIR ALLOYS Articles or merchandise involved: 1. Gold, 2. Silver, 3. Other precious metals, or 4. Their alloys. Elements: 1. That the offender imports, sells or disposes any of those articles; 2. That the stamps, brands or marks of those articles or merchandise fail to indicate the actual fineness or quality of said metal or alloy; 3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of said metal or alloy.

REPUBLIC ACT NO. 455 Law on Smuggling Acts punishable: 1. That the merchandise must have been fraudulently or knowingly imported contrary to law; 2. That the defendant if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment, or sale of the merchandise and that he must be shown to have knowledge that the merchandise had been illegally imported.

REPUBLIC ACT NO. 9165 Comprehensive Dangerous Drugs Act of 2002 (Repealing   RA No. 6425, otherwise known as the Dangerous Drugs Act of 1972) Controlled precursors and essential chemicals (CP/EC) – include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Dangerous Drugs (DD) – include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances Notwithstanding the provisions of the law to the contrary, a positive finding for the use of dangerous drugs shall be a QUALIFYING AGGRAVATING CIRCUMSTANCE in the commission of a crime by an offender, and the applicable penalty provided for in the RPC shall be applicable. (Sec. 25)

RICARDO  M.  RIBO  JR.  

TITLE SIX: CRIMES AGAINST PUBLIC MORALS (CHAPTER ONE REPEALED) CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

           

ARTICLE SCANDAL

200

GRAVE

1. That the offender performs an act or acts. 2. That such act or acts be highly scandalous as offending against decency or good customs. 3. That the highly scandalous conduct is not expressly falling within any article of this Code. 4. That the act or acts complained of be committed in a public place or within the public knowledge or view.

ARTICLE 201. DOCTRINES, PUBLICATIONS EXHIBITIONS, AND SHOWS

IMMORAL OBSCENE AND INDECENT

Persons Liable: 1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals. 2. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners, operating the establishment or selling the same. 3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral shows which are proscribed or are contrary to morals, good customs, established policies, lawful orders, decrees and edicts 4. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals The Test of Obscenity The test is whether the tendency of the matter charged as obscene, is to corrupt those whose minds are open to such immoral influences, and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency.

16    

ARTICLE 202 VAGRANTS AND PROSTITUTES  

 

Persons Liable: 1. Any person having no apparent   means of subsistence, who has the physical ability to work and who neglects to apply himself to some lawful calling; (Mendicant) 2. Any person found loitering about public or semipublic buildings or places or tramping or wondering about the country or the streets without visible means of support; 3. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. 4. Prostitutes

Prostitutes – women who, for money or profit habitually indulge in sexual intercourse or lascivious conduct.

 

Dissolutes- lax, unrestrained, immoral Ruffians- violent or lawless individuals Persons Liable under PD 1563 or the Mendicancy Law: · Mendicant himself · Any person who abets mendicancy by giving alms directly to mendicants, exploited infants, and minors on public roads, sidewalks, parks and bridges.

TITLE SEVEN: CRIMES COMITTED BY A PUBLIC OFFICER CHAPTER ONE: PRELIMINARY PROVISIONS

           

ARTICLE 203. WHO PUBLIC OFFICERS

SECTION ONE: DERELICTION OF DUTY

ARE

Requisites: To be a public officer one must be –

Misfeasance – improper performance of some act which might lawfully be done

1. Taking part the   in performance of public functions in the government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and

Malfeasance – the performance of some act which ought not to be done

2. That his authority to take part in the performance of public functions or to perform public duties must be –

UNJUST

a. By direct provision of the law, or b. By popular election, or c. By appointment by competent authority

17    

C CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE

Nonfeasance – omission of some act which ought to be performed ARTICLE KNOWINGLY RENDERING JUDGMENT

 

ARTICLE 205. JUDGMENT RENDERED THROUGH NEGLIGENCE 1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision; 3. That the judgment manifestly unjust;

ARTICLE 207 MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE 1. That the offender is a judge; 2. That there is a proceeding in court. 3. That he delays the administration of justice;

is

204 4. That it is due to his inexcusable negligence or ignorance.

4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.

1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision;

ARTICLE 206 UNJUST INTERLOCUTORY ORDER

3. That the judgment is unjust;

1. That the offender is a judge;

4. That the judge knows that his judgment is unjust.

2. That he performs any of the following acts: a. Knowingly renders unjust interlocutory order or decree, or b. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Who Can Be Offenders in Art. 208? 1. Public officer Officers of the prosecution department, whose duty is to institute criminal proceedings upon being informed 2. Officer of the law By reason of position held by them are duty-bound to cause prosecution and punishment of offenders.

ARTICLE 208. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE Acts punished: 1. By maliciously refraining from instituting prosecution against violators of the law; 2. By maliciously tolerating the commission of a crime. Elements: 1. That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute offenses; 2. That knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission; and 3. That the offender acts with malice and deliberate intent to favor the violator of the law.

ARTICLE 209 BETRAYAL OF TRUST BY AN ATTORNEY OR SOLI-CITOR — REVELATION OF   SECRETS Acts punished: 1. Causing damage to his client, either: a. By any malicious breach of professional duty; or b. Inexcusable negligence or ignorance 2. Revealing any of the secrets of his client learned by him in his professional capacity 3. Undertaking the defense of the opposing party in the same case without the consent of his first client after having undertaken the defense of said first client or after having received confidential information from said client

SECTION TWO: BRIBERY ARTICLE 210. DIRECT BRIBERY

 

Acts Punished 1. By agreeing to perform, or by   performing in consideration of any offer, promise, gift or present, an act constituting a crime, in connection with the performance of official duties. 2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty. 3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of a gift or promise. Elements of direct bribery: 1. That the offender be a public officer; 2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another; 3. That such offer or promise be accepted, or gift or present received by the public officer – a. With a view to committing some crime; or b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or c. To refrain from doing something which it is his official duty to do;

18    

4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties.

ARTICLE 211 INDIRECT BRIBERY 1. That the offender is a public officer; 2. That he accepts gifts; 3. That the said gifts are offered to him by reason of his office. ARTICLE 211-A QUALIFIED BRIBERY 1. Public officer entrusted with law enforcement 2. Offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death 3. Offender refrains in consideration of any promise, gift or present ARTICLE 212 CORRUPTION OF PUBLIC OFFICIALS

CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS ARTICLE 213 FRAUD AGAINST THE TREASURY AND SIMILAR OF 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 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

1. That the offender makes, offers or promises or gives gifts or presents to a public officer; and

3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts

2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery.

4. By collecting or receiving, directly or indirectly, by way 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 (Par. 1): 1. That the offender be a public officer; 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity; 3. That he entered into an agreement with any interested party or speculator or madeuse of any other scheme with regard to a. Furnishing supplies b. The making of contracts, or c. The adjustment or settlement of accounts relating to public property or funds;

Elements of illegal exactions (Pars. 2-4): 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts; 2. He is guilty of any of the following acts or omissions: a. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law; or b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

4. That the accused had intent to defraud the Government ARTICLE FRAUDS

214

OTHER

1. That the offender is a public officer; 2. That he takes advantage of his official position; 3. That he commits any of the frauds or deceits enumerated in Arts. 315 to 318 (estafa, other forms of swindling, swindling a minor, and other deceits).

ARTICLE 216 POSSES-SION OF PROHIBITED INTEREST BY   A PUBLIC OFFICER Persons liable: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted. 3. Guardians and executors with respect to the property belonging to their wards or the estate.

CHAPTER FOUR: MALVERSATION OF PUBLICFUNDS OR PROPERTY

 

ARTICLE 217. MALVERSATION OF PUBLIC FUNDS OR PROPERTY: PRESUMP   TION OF MALVERSATION Acts punished: 1. By appropriating funds or property.

public

2. By taking or misappropriating the same. 3. By consenting, or through abandonment or negligence, permitting any other person to take such public funds or property. 4. By being otherwise guilty of the misappropriation or malversation of such funds or property. Common elements: 1. That the offender be a public officer. 2. That he had custody or control of funds or property by reason of the duties of his office 3. That those funds or property were public funds or property for which he was accountable 4. That he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them.

19    

ARTICLE 218 FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS 1. That the offender is a public officer, whether in the service or separated therefrom. 2. That he must be an accountable officer for public funds or property. 3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor. 4. That he fails to do so for a period of two months after such accounts should be rendered. Malversation of Public Funds by Private Individual: 1. When a private person conspired with a public officer to commit malversation. 2. When he is an accomplice or accessory. 3. Where a private person was constituted a custodian in whatever capacity even without a public officer involved and he misappropriated the same.

ARTICLE 219. FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY 1. That the offender is a public officer; 2. That he must be an accountable officer for public funds or property; 3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled.

ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (Technical Malversation)

ARTICLE 221. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY Acts Punished

1. That the offender is a public officer; 2. That there is a public fund or property under his administration;

1. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession.

3. That such public fund or property has been appropriated by law or ordinance;

Elements: a. Public officer has government funds in his possession.

4. That he applies the same to a public use other than that for which such funds or property has been appropriated by law or ordinance.

b. He is under obligation to make payment from such funds. c. He fails to make payment, maliciously.

the

2. By refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration

ARTICLE OFFICERS INCLUDED IN PRECEDING PROVISIONS

222.

  THE

Private individuals who may be liable under Art. 217-221: 1. Private individuals who, in any capacity whatsoever, have charge of any national, provincial or municipal funds, revenue or property 2. Administrator, deposi-tory of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual (example: sheriffs and receivers)

CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND MALTREATMENT OF PRISONERS

 

ARTICLE 223. CONNIVING WITH OR CONSENTING TO   EVASION 1. That the offender is a public officer;

ARTICLE 224. EVASION THROUGH NEGLIGENCE 1. That the offender is a public officer;

2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment;

2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment;

3. That such prisoner escaped from his custody;

3. That such prisoner escapes through his negligence.

4. That he was in connivance with the prisoner in the latter’s escape. Classes involved:

of

2. If the fugitive is held only as detention prisoner for any crime or violation of law or municipal ordinance.

ARTICLE 225. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER 1. That the offender is a private person; 2. That the conveyance or custody of a prisoner or person under arrest is confided to him; 3. That the prisoner or person under arrest escapes; 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence.

RICARDO  M.  RIBO  JR.  

ARTICLE 227 OFFICER BREAKING SEAL 1. That the offender is a public officer;

1. That the offender be a public officer;

2. That he is charged with the custody of papers or property;

2. That he removes, conceals or destroys documents or papers;

3. That these papers or property are sealed by proper authority;

3. That the said documents or papers should have been entrusted to such public officer by reason of his office;

4. That he breaks the seals or permits them to be broken.

ARTICLE 229 REVELATION OF SECRETS BY AN OFFICER

4. That damage, whether serious or not, to a third ARTICLE 228. OPENING OF party or to the public CLOSED DOCUMENTS interest should have been caused. 1. That the offender is a public officer. 2. That any closed papers, documents, or objects are entrusted to his custody. 3. That he opens or permits to be opened said closed papers, documents, or objects. 4. That he does not have the proper authority.

ARTICLE 230. PUBLIC OFFICER   REVEALING SECRETS OF PRIVATE INDIVIDUAL

Acts punished: 1. By revealing any secret known to the offending public officer by reason of his official capacity.

1. That the offender is a public officer;

2. By delivering wrongfully papers or copies of papers of which he may have charge and which should not be published.

2. That he knows of the secrets of a private individual by reason of his office;

Elements of No. 1:

prisoner

1. If the fugitive has been sentenced by final judgment to any penalty.

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ARTICLE 226 REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS (Infidelity in the Custody of Documents)

1. That the offender is a public officer; 2. That he knows of the secret by reason of his official capacity; 3. That he reveals such secret without authority or justifiable reasons; 4. That damage, great or small, be caused to public interest. Elements of No. 2: 1. That the offender is a public officer; 2. That he has charge of papers; 3. That those papers should not be published; 4. That he delivers those papers or copies thereof to a third person; 5. That the delivery is wrongful; and 6. That damage be caused to public interest

3. That he reveals such secrets without authority or justifiable reason.

CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE AND MALTREATMENT OF PRISONERS

 

ARTICLE 231 OPEN DISOBEDIENCE

 

1. That the offender is a judicial or executive officer; 2. That there is a judgment, decision or order of a superior authority; 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities; 4. That the offender without any legal justification openly refuses to execute said judgment, decision or order, which he is duty bound to obey

ARTICLE 232. ARTICLE 233 REFUSAL OF ARTICLE 235. DISOBEDIENCE TO ASSISTANCE MALTREATMENT OF ORDEROFOF SUPERIOR PRISONERS ASSISTANCE AND MALTREATMENT OF PRISONERS OFFICER WHEN SAID 1. That the offender is a public ORDER WAS SUSPENDED officer. 1. That the offender is a public BY INFERIOR OFFICER officer or employee; 2. That a competent authority 1. That the offender is a demands from the offender 2. That he has under his public officer; that he lends his charge a prisoner convicted cooperation towards the by final judgment or a 2. That an order is issued administration of justice or detention prisoner; by his superior for other public service. execution; 3. That he maltreats such 3. That the offender fails to do prisoner in either of the 3. That he has for any so maliciously. following manners: reason suspended the execution of such order; a. By overdoing himself in the correction handling of 4. That his superior a prisoner or detention disapproves the prisoner under his charge suspension of the either: execution of the order; i. by the imposition of 5. That the offender punishments not disobeys his superior authorized by the despite the disapproval of ARTICLE 234. REFUSAL TO regulations, or the suspension. DISCHARGE ELECTIVE OFFICE ii. by inflicting such punishments (those 1. That the offender is elected authorized) in a cruel by popular election to a and humiliating public office; manner; or 2. That he refuses to be sworn in or to discharge the duties of said office; and 3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

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b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

SECTION TWO: ANTICIPATION, PROLONGATION AND ABANDONMENT OF THE DUTIES AND POWERS OF .   PUBLIC OFFICE ARTICLE 236.ANTICIPATION OF DUTIES OF A PUBLIC OFFICE

ARTICLE ABANDONMENT OFFICE

1. That the offender is entitled to hold a public office or employment, either by election or appointment;

1. That the offender is a public officer;

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 office; 4. That he has not taken his oath of office and/or given the bond required by law. ARTICLE 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS 1. That the offender is holding a public office; 2. That the period provided by law, regulations or special provisions for holding such office, has already expired; 3. That he continues to exercise the duties and powers of such office.

238 OF

2. That he formally resigns from his position; · There must be written or formal resignation 3. That his resignation has not yet been accepted; 4. That he abandons his office to the detriment of the public service. Qualifying circumstance – when the abandonment of the office has for its purpose to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within Title 1 and Chapter 1 Title 3 of Book 2 of this Code

SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT

 

ARTICLE 239. USURPATION OF LEGISLATIVE POWER  

ARTICLE 241. USURPATION OF JUDICIAL FUNCTIONS

1. That the offender is an executive or judicial officer;

1. That the offender is an officer of the executive branch of the Government;

2. That he: a. Makes general rules or regulations beyond the scope of his authority or b. b. Attempts to repeal a law or c. Suspends the execution thereof.

2. That he: a. Assumes judicial powers; or b. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS

ARTICLE 242. DISOBEYING REQUEST FOR DISQUALIFICATION

1. That the offender is a judge;

1. That the offender is a public officer;

2. That he: a. Assumes a power pertaining to the executive authorities; or b. Obstructs the executive authorities in the lawful exercise of their powers

2. That a proceeding is pending before such public officer; 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided; 4. That he has been lawfully required to refrain from continuing the proceeding; 5. That he continues proceeding.

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the

ARTICLE 243. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY 1. That the offender is an executive officer; 2. That he addresses any order or suggestion to any judicial authority; 3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice ARTICLE 244 UNLAWFUL APPOINTMENTS 1. That the offender is a public officer; 2. That he nominates or appoints a person to a public office; 3. That such person lacks the legal qualifications therefor; 4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.

SECTION FOUR: ABUSES AGAINST CHASTITY ARTICLE 245. ABUSES AGAINST CHASTITY – PENALTIES Ways of committing abuses against chastity: 1. By soliciting or making immoral or indecent advances to a woman interested in the matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer. 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 affinity of any person in the custody of the offending warden or officer.

.   Elements: 1. That the offender is a public officer; 2. That he solicits or makes immoral or indecent advances to a woman; 3. That such woman must be: a. Interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

TITLE EIGHT: CRIMES AGAINST PERSONS SECTION ONE: PARRICIDE, MURDER, HOMICIDE ARTICLE 246. PARRICIDE

 

  1. That a person is killed; 2. That the deceased is killed by the accused; and 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

Cases of parricide when the penalty shall NOT be reclusion perpetua to death: • Parricide through negligence (Art. 365). • Parricide by mistake (Art. 249). • Parricide under exceptional circumstances (Art. 247). • The child should not be less than 3 days old; otherwise the crime is infanticide (Art. 255)

ARTICLE 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

ARTICLE 248. MURDER

Murder – unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is 1. That a legally married present: person or a parent surprises his spouse or his daughter, 1. With treachery, taking the latter under 18 years of advantage of superior age and living with him, in strength, with the aid of armed the act of committing sexual men, or employs means to intercourse with another weaken the defense, or of person; means or persons to insure or afford impunity; 2. That he or she kills any or both of them, or inflicts upon 2. In consideration of a price, any or both of them any reward or promise; serious physical injury, in the act or immediately 3. By means of inundation, fire, thereafter; and poison, shipwreck, stranding of a vessel, derailment or assault 3. That he has not promoted or upon a railroad, fall of an facilitated the prostitution of airship, by means of motor his wife or daughter, or that vehicles, or with the use of any he or she has not consented other means involving great waste and ruin; to the infidelity of others. 4. On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; 5. With evident premeditation; or

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6. With cruelty, by deliberately and Inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. (As amended by RA No. 7659)

Elements:

ARTICLE 249. HOMICIDE

1. That a person was killed;

Elements:

2. That the accused killed him;

1. That a person was killed;

3. That the killing was attended by any of the qualifying circumstances mentioned in Art. 248; and

2. That the accused killed him without any justifying circumstance;

4. That the killing is not parricide or infanticide. Rules for the application of the circumstances which qualify the killing to murder: 1. That murder will exist with only one of the circumstances described in Art. 248. 2. Where there are more than one qualifying circumstance present, only one will qualify the killing, with the rest to be considered as generic aggravating circumstances. 3. That when circumstances included in circumstance, considered aggravating.

the other are absorbed or one qualifying they cannot be as generic

4. That any of the qualifying circumstances enumerated in Art. 248 must be alleged in the information.

 

3. That the accused had the intention to kill, which is presumed; and 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

 

SECTION TWO: INFANTICIDE AND ABORTION

SECTION ONE: PARRICIDE, MURDER, HOMICIDE

 

ARTICLE 250. PENALTY FOR FRUSTRATED   PARRICIDE, MURDER, OR HOMICIDE • Courts may impose a penalty two degrees lower for frustrated parricide, murder or homicide. • Courts may impose a penalty three degrees lower for attempted parricide, murder or homicide. • This provision is permissive NOT MANDATORY.

ARTICLE 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY 1. That there persons;

be

several

2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally, otherwise, they may be held liable as co-conspirators; 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner; 4. That someone was killed in the course of the affray;

ARTICLE 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY 1. That there is a tumultuous affray as referred to in Art. 251; 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only; 3. That the person responsible therefor cannot be identified; and 4. That all those who appear to have used violence upon the person of the offended party are known.

5. That it cannot be ascertained who actually killed the deceased; and 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

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Persons liable: 1. The person or persons who inflicted the serious physical injuries are liable. 2. If it is not known who inflicted the serious physical injuries on the deceased – ALL the persons who used violence upon the person of the victim are liable, but with lesser liability.

ARTICLE 253. GIVING ASSISTANCE TO SUICIDE Acts punished: 1. By assisting another to commit suicide, whether the suicide is consummated or not; 2. By lending his assistance to another to commit suicide to the extent of doing the killing himself.

ARTICLE 254 DISCHARGE OF FIREARMS

ARTICLE INFANTICIDE

255

ARTICLE 256 INTENTIONAL ABORTION

 

Elements: Ways of Committing Intentional Abortion: 1. That the offender discharges a 1. That a child was killed; 1. By using any violence upon the firearm against or person of the pregnant woman; at another person; 2. That the deceased child was less than three days and (72 hours) of age; and 2. By acting, without using violence and without the 2. That the offender 3. That the accused killed consent of the woman (by has no intention to the said child. administering drugs or kill that person. beverages upon such pregnant woman without her consent; and

Person liable Intentional Abortion:

3. By acting, with the consent of the pregnant woman, by administering drugs or in beverages.

1. The person who Elements: intentionally caused the 1. That there is a pregnant abortion under Art. 256; woman; 2. The pregnant woman if she consented under 2. That violence is exerted, or drugs or beverages Art. 258. administered, or that the accused otherwise acts upon such pregnant woman; 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom; and 4. That the abortion is intended.

SECTION TWO: INFANTICIDE AND ABORTION

 

ARTICLE 257. UNINTEN   TIONAL ABORTION 1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without intending an abortion; 3. That the violence is intentionally exerted; and 4. That as a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom.

ARTICLE 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR HER PARENTS

ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE IN DISPENSING OF ABORTIVES

1. That there is a pregnant woman who has suffered an Elements: abortion;

1. That there is a pregnant 2. That the abortion is intended; woman who has suffered an and abortion; 3. That the abortion is caused by 2. That the abortion is intended; – a. The pregnant woman 3. That the offender, who must be herself; a physician or midwife, causes, b. Any other person, with her or assists in causing the consent; or abortion; and c. Any of her parents, with her consent, for the purpose of 4. That said physician or midwife concealing her dishonor. takes advantage of his or her scientific knowledge or skill.

Acts punished: 1. By killing one’s adversary in a duel; 2. By inflicting upon such adversary physical injuries; and 3. By making a combat although no physical injuries have been inflicted. Persons liable:

As to PHARMACISTS, the ELEMENTS are: 1. That the offender is a pharmacist;

2. The seconds, accomplices.

3. That the offender dispenses any abortive.

RICARDO  M.  RIBO  JR.  

ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL

1. The person who killed or inflicted physical injuries upon his adversary or both combatants in any other case, as principals.

2. That there is no proper prescription from a physician; and

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SECTION THREE: DUEL

as

ARTICLE 261 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; and 3. By scoffing or decrying another publicly for having refused to accept a challenge to fight a duel. Persons liable: 1. Challenger 2. Instigators

 

CHAPTER TWO: PHYSICAL INJURIES ARTICLE MUTILATION Two kinds:

262

 1. By

intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction (castration).

Elements: a. That there be castration, that is, mutilation of organs necessary for generation, such as penis or ovarium; and b. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction. 2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body (mayhem).

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ARTICLE 263. SERIOUS PHYSICAL INJURIES How committed:   wounding; 1. By 2. By beating; 3. By assaulting; or 4. By administering injurious substance. Serious physical injuries 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted; 2. When the injured person – a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg; b. Loses the use of any such member; or c. Becomes incapacitated for the work in which he was therefore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured a. Becomes deformed, or b. Loses any other member of his body, or c. Loses the use thereof, or d. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted.

4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted.

ARTICLE 265 LESS SERIOUS PHYSICAL INJURIES

1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days, or needs attendance for the same Requisites of deformity: period; and 2. The physical injuries must 1. Physical ugliness; 2. Permanent and definite not be those described in the abnormality; and preceding articles. 3. Must be conspicuous and visible. Qualified Less Serious Physical Injuries: Qualifying Circumstances: 1. A fine not exceeding P500, 1. Offense committed against in addition to arresto mayor, persons enumerated in the shall be imposed for less serious physical injuries crime of parricide. 2. With the attendance of when: a. There is manifest intent circumstance which qualify to insult or offend the the crime to murder. injured person; or b. There are circumstances adding ignominy to the ARTICLE 264 offense. ADMINISTERING INJURIOUS SUBSTANCE 2. A higher penalty is imposed OR BEVERAGES when the victim is either: a. The offender’s parent, 1. That the offender inflicted ascendant, guardian, upon another any serious curator or teacher; or physical injury; b. Persons of rank or persons in authority, 2. That it was done by provided the crime is not knowingly administering to direct assault. him any injurious substances or beverages or by taking advantage of his weakness The law includes 2 subdivisions, to wit: of mind or credulity; and 1. The inability for work; and 2. The necessity for medical 3. That he had no intent to kill. attendance

ARTICLE 266 SLIGHT PHYSICAL INJURIES AND MALTREATMENT Kinds: 1. Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance during the same period; 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance; and 3. Ill-treatment of another by deed without causing any injury.

ANTI-HAZING LAW (R.A. No. 8049) Hazing – is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish, and similar activities or otherwise subjecting him to physical or psychological suffering or injury. acts are punishable: All acts so long as it caused physical injuries at the very least.

Persons liable: 1. Officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable .  as principals – if the person subjected to hazing suffers any physical injury or dies as a result thereof. 2. Owner of the place where the hazing is   conducted shall be liable as an accomplice – when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. 3. Parents shall be liable as principals – when they have actual knowledge of the hazing conducted in the home of one of the officers or members of the fraternity, sorority or organization, but failed to prevent the same. 4. School authorities and faculty members shall be liable as accomplices - when they consent to the hazing or have actual knowledge thereof, but failed to take any action to prevent the same from occurring. 5. Officers, former officers or alumni of the organization, group, fraternity or sorority shall be liable as principals - if they actually planned the hazing, although not present when the acts constituting the hazing were committed. 6. Officers or members of the organization, group, fraternity or sorority shall be liable as principals - if they knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat. 7. The fraternity or sorority’s adviser shall be liable as principal - if he was present when the acts constituting the hazing were committed and failed to take any action to prevent the same.

CHAPTER THREE: RAPE ART. LAW

 

266-A

ANTI-RAPE

Classification of Rape   Art. 1. Traditional Rape under 335- carnal knowledge with a woman against her will; in this case, the offender is always a man and the offended party is always a woman. 2. Sexual Assault under R.A. 8353- this is committed when the offender inserts his penis to another person’s mouth or anal orifice or by inserting an instrument or object into the genital or anal orifice of another person. The offender and theoffender can either be a man or a woman in the case of the insertion of any instrument or object.

How 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 otherwise unconscious; c. By means of fraudulent machinations or grave abuse of authority; d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

b. That the offender had carnal knowledge of a woman; c. That such act is accomplished under any of the following circumstances: force

or

ii. When the woman is deprived of reason or otherwise unconscious, or iii. By means of fraudulent machination or grave abuse of authority, or iv. When the woman is under 12 years of age or demented.

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Elements: a. That the offender commits an act of sexual assault; b. That the act of sexual assault is committed by any of the following means: i. By inserting his penis into another person’s mouth or anal orifice;

Elements: a. That the offender is a man;

i. By using intimidation, or

2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice of another person, or any instrument or object, into the genital or anal orifice of another person.

ii. By inserting any instrument or object into the genital or anal orifice of another person c. That the act of sexual assault is accomplished under any of the circumstances enumerated under the first act of committing rape.

ARTICLE 266-B QUALIFIED RAPE Rape under both acts of committing it is qualified by the following: Note: Rape is punishable by death if it falls under any of 4-14 circumstances.

1. When rape is committed with the use of a deadly weapon or by two or more persons; 2. When by reason or occasion of rape, the victim has become insane; 3. When the rape is attempted and a homicide is committed by reason of or on the occasion of rape (special complex crime); 4. When by reason of or on occasion of rape, homicide is committed (special complex crime) 5. When the victim is under 18 years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim; 6. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; 7. When the rape is committed in full view of the spouse, parent, or any of the children or other relatives within the third civil degree of consanguinity;

8. When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; 9. When the victim is a child below 7 years old; 10. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is transmitted to the victim; 11. When committed by any member of the AFP or paramilitary units thereof of the PNP or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; 12. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability; 13. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; 14. When the offender knew of the mental disability, emotional disorder and/or physical disability of the offended party at the time of the commission of the crime.

 

TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

   

ARTICLE 266-C EFFECT OF PARDON Effects of pardon:  

 

1. The subsequent valid marriage between the offender and the offended party shall extinguish: a. The criminal action or b. The penalty already imposed. 2. The subsequent forgiveness of the wife to the legal husband 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. (This is an exception to the rule that forgiveness by the offended party shall not extinguish the penal action in crimes against person)

ARTICLE PRESUMPTIONS

266-D

Evidence which may be accepted in the prosecution of rape: 1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or

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2. Where the offended party is so situated as to render him/her incapable of giving his/her consent

SECTION ONE: ILLEGAL DETENTION ARTICLE KIDNAPPING SERIOUS DETENTION

267 AND ILLEGAL

Elements: (PICK) 1. That the offender is a private individual who is not any of the parents of the victim nor a female; 2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty; 3. That the act of detention or kidnapping must be illegal; 4. That in the commission of the offense, any Of the following circumstances is present:

Qualifying circumstances: Death Penalty is imposed (KERT) a. If the purpose is to extort ransom b. When the victim is killed or dies a consequence of the detention; c. When the victim is raped; or d. When the victim is subjected to torture or dehumanizing act.

ARTICLE 268 SLIGHT ILLEGAL DETENTION Elements: (PIKO) 1. That the offender is a private individual; 2. That he kidnaps or detains another, or in any manner deprives him of his liberty; 3. That the act of kidnapping or detention is illegal; 4. That the crime is committed without the attendance of the circumstances enumerated in Art. 267. Liability is mitigated when the following circumstances concur: (VOB) 1. Offender voluntarily releases the person so kidnapped or detained within three days from the commencement of the detention.

a. That the kidnapping or detention lasts for more than 3 days; or

2. Without having attained the purpose intended; and

b. That it is by committed simulating public authority; or

3. Before the institution of criminal proceedings against him.

c. That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. That the person kidnapped or detained is a minor, female, or a public officer

ARTICLE 269 UNLAWFUL ARREST

SECTION TWO: KIDNAPPING OF MINORS  

ARTICLE 270 FAILURE 1. That the offender TO RETURN A MINOR arrests or detains another person 1. That the offender is entrusted with the 2. That the purpose of the custody of a minor offender is to deliver person (less than 18 him to the proper years old); authorities 3. That the arrest or detention is unauthorized by law or there is no reasonable ground therefor.

2. That he deliberately fails to restore the said minor to his parents or guardian

ARTICLE 271 INDUCING A MINOR TO ABANDON HIS HOME 1. That a minor (less than 18 years old) is living in the home of his parents or guardian or the person entrusted with his custody; 2. That the offender induces said minor to abandon such home

CHAPTER TWO: CRIMES AGAINST SECUIRTY

SECTION THREE: SLAVERY AND SERVITUDE ARTICLE 272. SLAVERY (PE)

 

1. That the   offender purchases, sells, kidnaps or detains a human being; 2. That the purpose of the offender is to enslave such human being. Qualifying circumstance: When the purpose of the offender is to assign the offended party to some immoral traffic.

ARTICLE 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT (CAP) 1. That the offender compels a debtor to work for him, either as household servant or farm laborer; 2. That it is against the debtor’s will; 3. That the purpose is to require or enforce the payment of a debt.

SECTION ONE: ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS ARTICLE 275. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM Acts punished: 1. By failing to render assistance to any person whom the offender finds 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. Elements: (UWOF)

ARTICLE 273 EXPLOITATION OF CHILD LABOR (RAR-age) 1. That the offender retains a minor in his service; 2. That it is against the will of the minor; 3. That it is under pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

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a. The place is uninhabited; b. The accused found there a person wounded or in danger of dying; c. The accused can render assistance without detriment to himself; d. The accused fails to render assistance. 2. By failing to assistance whom the accidentally injured.

help or render to another offender has wounded or

3. By failing to deliver a child under seven years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place.

ARTICLE 276. ABANDONING A MINOR (SCAN) 1. That the offender has the custody of a child;

SECTION TWO: TRESPASS TO DWELLING ARTICLE 280. DWELLING (PEA)

QUALIFIED

TRESPASS

TO

1. That the offender is a private person; 2. That he enters the dwelling of another;

2. That the child is under seven years of age.

3. That such entrance is against the latter’s will.

3. That he abandons such child;

Qualifying Circumstance: If committed by means of violence/intimidation.

4. That he has no intent to kill the child when the latter is abandoned.

Rule: Whoever enters the dwelling of another at late hour of the night after the inmates have retired and closed their doors does so against their will. Prohibition in this case is presumed.

Circumstances Qualifying the Offense: (DD) 1. When the death of the minor resulted from such abandonment; or 2. If the life of the minor was in danger ARTICLE 279. ADDITIONAL PENALTIES FOR OTHER OFFENSES (Imposition of the penalties prescribed in the preceding articles (Art 275-278) shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished under the Code.)

Cases to which the provision of this article is NOT applicable: 1. If the entrance to another’s dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person. 2. If the purpose is to render some service to humanity or justice. 3. If the place where entrance is made is a café, tavern, inn and other public house, while the same are open. ARTICLE 281 OTHER FORMS OF TRESPASS (CUMN) 1. That the offender enters the closed premises or the fenced estate of another 2. That the entrance is made while either of them is uninhabited; 3. That the prohibition to enter be manifest; 4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

.  

SECTION THREE: THREATS AND COERCION ARTICLE 282. THREATS Acts punished:

 

GRAVE

  1. By threatening another with the infliction upon his person, honor, or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition even though not unlawful, and the offender attained his purpose. (with condition) 2. By making such threat without the offender attaining his purpose. (with condition; elements for this act are the same with the first except that the purpose is not attained.) 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. (without condition)

Qualifying Circumstance: If threat was made in writing or through a middleman. Elements of Grave Threats where the offender attained his purpose: (TCDA) 1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong; 2. That such wrong amounts to a crime; 3. That there is a demand for money or that any other condition is imposed, even though not unlawful; 4. That the offender attains his purpose. Elements of Grave Threats NOT subject to a condition: (TCN) 1. That the offender threatens another person with the infliction upon the latter’s person, honor, or property, or upon that of the latter’s family, of any wrong. 2. That such wrong amounts to a crime. 3. That the threat is not subject to a condition.

ARTICLE 286. GRAVE COERCION Two Ways of Committing Grave Coercion: (PC)

ARTICLE 283. LIGHT THREATS (TNDA/N) 1. That the offender makes a threat to commit a wrong; 2. That the wrong does not constitute a crime; 3. That there is a demand for money or that other condition is imposed even though not unlawful; 4. That the offender has attained his purpose or, that he has not attained his purpose. ARTICLE 284. BOND FOR GOOD BEHAVIOR When a person is required to give bail bond: 1. When he threatens another under the circumstances mentioned in Art. 282. 2. When he threatens another under the circumstances mentioned in Art. 283. ARTICLE 285. OTHER THREATS Prohibited Acts: (TOO)

LIGHT

1. Threatening another with a weapon, or drawing such weapon in a quarrel, unless it be in lawful self-defense. 2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat. 3. Orally threatening to do another any harm not constituting a felony.

RICARDO  M.  RIBO  JR.  

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1. By preventing another by means of violence, threats or intimidation, from doing something not prohibited by law.   (Preventive) 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong. (Compulsive)

When PREVENTING is not considered Coercion:

When COMPELLING is not considered Coercion:

• Under Art. 132: When a public officer prevents the ceremonies of a religious group.

• Under Art. 127: When a public officer compels a person to change his residence.

• Under Art. 143: When a person prevents the meeting of a legislative assembly.

• Under Art. 267: When a person kidnaps his debtor to compel him to pay.

• Under Art. 145: When a person prevents a member of Congress from attending meetings, expressing his opinions or casting his vote through the use of force or intimidation. When PRISION MAYOR shall be imposed: (VCP) 1. If the coercion is committed in violation of the exercise of the right of suffrage. 2. If the coercion is committed to compel another to perform any religious act. 3. If the coercion is committed to prevent another from performing any religious act.

Elements: (PCVN) 1. That a person prevented another from doing something not prohibited by law, or by compelling him to do something against his will, be it right or wrong; 2. That the prevention or compulsion be effected by violence, threats or intimidation. 3. That the person that restrained the will and liberty of another has no right to do so, or in other words, that the restraint is not made under authority of law or in the exercise of any lawful right.

CHAPTER THREE: DISCOVERY AND REVELATION OF SECRETS

SECTION THREE: THREATS AND COERCION

   

ARTICLE 287 LIGHT COERCION (CSVP)

 

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. Unjust Vexation (2

nd

par.)

Includes any human conduct that, although not productive of some physical or material harm, could unjustifiably annoy or vex an innocent person. The paramount question to be considered is whether the offender’s act caused annoyance, irritation, torment, distress, or disturbance to the mind of the person to whom it was directed.

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ARTICLE 288. OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE & PAYMENT OF WAGES BY MEANS OF TOKENS) Prohibited acts: 1. 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

ARTICLE 289 FORMATION,   MAINTENANCE, & PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS 2. Paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee

Elements:

Elements:

a. That the offender is any person, agent or officer of any association or corporation.

a. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects

b. That he or such firm or corporation has employed laborers or employees c. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation.

b. That those tokens or objects are other than the legal tender currency of the Philippines. c. That such employee or laborer does not expressly request that he be paid by means of tokens or objects.

3. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; 4. That the purpose is organize, maintain prevent coalitions capital or laborers lockout of employers.

to or of or

ARTICLE 290 DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE (PSID) 1. That the offender is a private individual or even a public officer not in the exercise of his official function; 2. That he seizes the papers or letters of another; 3. That the purpose is to discover the secrets of such other person; 4. That the offender is informed of the contents of the papers or letters seized. Qualifying Circumstance: Offender reveals the contents of such paper or letter of another to a third person. ARTICLE 291 REVEALING SECRETS WITH ABUSE OF OFFICE (MLR) 1. That the offender is a manager, employee or servant; 2. That he learns the secrets of his principal or master in such capacity; 3. That he reveals such secrets.

ARTICLE 292 REVELATION OF INDUSTRIAL SECRETS (MSRP)

 

1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment; 2. That the manufacturing/industri al establishment has a secret of the industry which the offender has learned; 1. That the offender reveals such secrets; 2. That prejudice is caused to the owner.

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

   

ARTICLE 293 WHO ARE GUILTY OF ROBBERY   Robbery – is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything.

ARTICLE 294 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS Acts Punished under this Article: 1. (a) When by reason or on occasion of the robbery, the crime of homicide is committed;

Classification of Robbery: 1. Robbery with violence against, or intimidation of persons (Arts. 294, 297 and 298). 2. Robbery by use of force upon things (Arts. 299 and 302).

(b) or when the robbery is accompanied by rape or intentional

Elements of Robbery in general: 1. That there be personal property (bienes muebles) belonging to another; 2. That there is unlawful taking (apoderamiento or asportacion) of that property; 3. That the taking must be with intent to gain (animus lucrandi); 4. That there is violence against or intimidation of any person or force used upon things.

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2. When by reason or on occasion of such robbery any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted. (subdivision 1 of Art. 263) 3. When by reason or on occasion of robbery, any of the physical injuries penalized in subdivision 2 of Art. 263 is inflicted. When the person injured a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg; b. Loses the use of any such member; or c. Becomes incapacitated for the work in which he was therefore habitually engaged, in consequence of the physical injuries inflicted;

4. (a) If the violence or ARTICLE 295 intimidation employed in ROBBERY WITH the commission of the PHYSICAL INJURIES, robbery is carried to a COMMITTED IN AN degree clearly UNINHABITED PLACE unnecessary for the BY A BAND OR WITH commission of the crime; THE USE OF FIREARM or ON A STREET, ROAD (b) When in the course OR ALLEY of its execution, the offender shall have Qualified Robbery with inflicted upon ANY Violence Against or PERSON NOT Intimidation of RESPONSIBLE FOR Persons: ITS COMMISSION Nos. 3, 4, and 5 of physical injuries covered Article 294 if committed: by subdivisions 3 and 4 of Art. 263. 1. In an uninhabited place (despoblado); or When the person injured – 2. By a band (en cuadrilla); or a. Becomes deformed, or 3. By attacking a moving b. Loses any other train, street car, motor member of his body, or vehicle, or airship; or c. Loses the use thereof, 4. By entering the or passengers’ d. Becomes ill or compartments in a incapacitated for the train, or in any manner performance of the taking the passengers work in which he was by surprise in their habitually engaged for respective more than 90 days, in conveyances or consequence of the 5. On a street, road, physical injuries highway, or alley, and inflicted. the intimidation is made with use of 5. If the violence employed firearms, the offender by the offender does not shall be punished by cause any of the serious the maximum period or physical injuries defined the proper penalties in Art. 263, or if the prescribed in Art. 294. offender employs intimidation only. (simple robbery)

ARTICLE 296. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF Outline: 1. When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band. 2. When any of the arms used in the commission of robbery is not licensed, the penalty upon all malefactors shall be the maximum of the corresponding penalty provided by law without prejudice to the criminal liability for illegal possession of firearms. 3. Any member by a band who was present at the commission of a robbery by the band, shall be punished as principal of any assaults committed by the band, unless it be shown that he attempted to prevent the same. Requisites for liability for the acts of other members of the band: 1. He was a member of the band; 2. He was present at the commission of a robbery by that band; 3. The other members of that bandcommitted an assault; 4. He did not attempt to prevent the assault.

ARTICLE 297. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES Special Complex Crime: When by reason or on occasion of an attempted or frustrated robbery, a homicide is committed. The penalty is the same whether the robbery is attempted or frustrated. ARTICLE 298 EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION Elements: 1. That the offender has intent to defraud another; 2. That the offender compels him to sign, execute, or deliver any public instrument or document; 3. That the compulsion is by means of violence or intimidation.

SECTION TWO: ROBBERY WITH THE USE OF FORCE UPON THINGS

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ARTICLE 299. ROBBERY IN AN INHABITED   BUILDING HOUSE/PUBLIC OR EDIFICE DEVOTED TO WORSHIP (Subdivision A) 1. The offender entered: a. an inhabited house, b. a public building or c. an edifice devoted to religious worship 2. The entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress; b. By breaking any wall, roof, floor, door, or window; c. By using false keys, picklocks or similar tools; or d. By using any fictitious name or pretending the exercise of public authority. 3. That once inside the building, the offender took personal property belonging to another with intent to gain

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(Subdivision B) 1. Offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless of the circumstances under which he entered it. 2. The offender takes personal property belonging to another with intent to gain under any of the following circumstances: a. by the breaking of internal doors, wardrobes, chests, or any other kind of sealed furniture or receptacle b. by taking such furniture or objects away to be broken open outside the place of the robbery ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND Under this Article, Robbery with Force Upon Things is qualified when committed in an uninhabited place AND by a band, as distinguished from Qualified Robbery with Violence or Intimidation of Persons (Art. 295) which is committed in an uninhabited place OR by a band.

ARTICLE 301 WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES Dependencies of an inhabited house, public building or building dedicated to religious worship – all interior courts, corrals, warehouses, granaries or enclosed places 1.Contiguous to the building or edifice, 2.Having an interior entrance connected therewith, and 3.Which form part of the whole.

ARTICLE 302 ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING

ARTICLE 303 ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING

1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship;

Penalty is 1 degree lower when cereals, fruits, or firewood are taken in robbery with force upon things.

2. That any of the following circumstances was present: a. The entrance was effected through an opening not intended for entrance or egress; b. A wall, roof, floor, or outside door or window was broken; c. The entrance was effected through the use of false keys, picklocks or other similar tools; d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e. A closed or sealed receptacle wa removed, even if the same be broken open elsewhere; 3. That with intent to gain, the offender took therefrom personal property belonging to another.

ARTICLE 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS 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.

ARTICLE 305 FALSE KEYS Inclusions: 1. Tools not mentioned in the next preceding article 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 BRIGANDAGE

306.

1. There be   at least four armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a. To commit robbery in a highway; or b. To kidnap persons for the purpose of extortion or to obtain ransom; or c. To attain by means of force or violence any other purpose Presumption of law as to brigandage: All are presumed to be highway robbers or brigands, if any of them carry unlicensed firearm. The only things to prove are: 1. That there is an organization of more than three armed persons forming a band of robbers; 2. That the purpose of the band is any of those enumerated in Art. 306; 3. That they went upon the highway or roamed upon the country for that purpose; 4. That the accused is a member of such band.

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ARTICLE 307 AIDING OR ABETTING A BAND OF BRIGANDS 1. That there is a band of brigands; 2. That the offender knows the band to be of brigands; 3. That the offender does any of the following acts: a. That he aids, abets, or protects such band of brigands; b. That he gives them information on the movements of the police or other peace officers of the government; or c. That he acquires or receives property taken by such brigands.

ARTICLE 308 WHO ARE LIABLE FOR THEFT 1. That there be taking of personal property; 2. That said another;

property

belongs

ARTICLE PENALTIES

309.

The basis of penalty in Theft is:

to

3. That the taking be done with intent to gain; 4. That the taking be done without the consent of the owner; 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Theft is likewise committed by: 1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner 2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; 3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner; shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.

1. The value of the thing stolen, and in some cases, 2. The value and the nature of the property taken, or 3. The circumstances or causes that impelled the culprit to commit the crime

ARTICLE THEFT

310

QUALIFIED

There is qualified theft in the following instances: 1. If theft is committed by a domestic servant 2. If committed with abuse of confidence

grave

3. If the property stolen is (a) motor vehicle, (b) mail matter or (c) large cattle 4. If the property stolen consists of coconuts taken from the premises of plantation. 5. If the property stolen is taken from a fishpond or fishery 6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance Elements: 1. Taking of personal property; 2. That the said property belongs to another; 3. That the said taking be done with intent to gain; 4. That it be done without the owner’s consent; 5. That it be accomplished without the use of violence or intimidation against persons, nor of force upon things; 6. That it be done through the above circumstances

ANTI CARNAPPING ACT of 1972 (R.A. 6539) Carnapping - taking, with intent to gain, of 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. If the OWNER, DRIVER OR OCCUPANT of a carnapped vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof, the penalty of reclusion perpetua to death shall be imposed. Qualified Theft only: If material or physical possession was given to the offender Estafa only: If material plus juridical possession were given to the offender

CHAPTER THREE: THEFT

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CATTLE RUSTLING LAW of 1974 (P.D. 533)

LAW ON ILLEGAL FISHING (P.D. 534)

Cattle Rustling – is defined as the taking away by means, method or scheme, without the consent of the owner/raiser, of any large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of persons or force upon things. It includes the killing of large cattle or taking it as meat or hide without the consent of the owner/raiser.

Illegal Fishing – the act of any person to catch, take or gather or cause to be caught, taken or gathered fish or fishery/aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substances or by the use of electricity.

 

Presumption of Cattle Rustling: Failure to exhibit the required documents by any person having in his possession, control, or custody of large cattle, upon demand by competent authorities shall be prima facie evidence that the large cattle in his possession, control and custody are the fruits of the crime of cattle rustling.

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Dealing in illegally caught fish or fishery/aquatic products – any person who possesses or deals in, sells or in any manner disposes of, for profit , any fish, fishery/aquatic products which have been illegally caught, taken or gathered.

“HIGHGRADING” OR THEFT ANTI – FENCING LAW CHAPTER THREE:   THEFT OF GOLD (P.D. (P.D. 1612) 581) Elements: 1. Crime of robbery or “Highgrading” or Theft of theft has been Gold – the act of any committed; person who shall take gold-bearing ores or rocks 2. Accused, who is not a from a mining claim or principal or accomplice mining camp or shall in the commission of remove, collect or gather the crime of robbery or gold-bearing ores or rocks theft, buys, receives, in place or shall extract or possesses, keeps, remove the gold; from such acquires, conceals, ores or rocks, or shall sells, or disposes of, or prepare and treat such shall buy and sell, or in ores or rocks to recover or any other manner deal extract the gold content any article, item, object thereof, without the or anything of value consent of the operator of which he knows, or the mining claim. should be known to him, to have been Presumption: derived from the Unauthorized possession proceeds of said crime; by any person within a mining claim or mining 3. Accused knows or camp of gold-bearing ores should have known that or rocks or of gold said article, item, object extracted or removed from or anything of value has such ores or rocks shall be been derived from the prima facie evidence that proceeds of theft or they have been stolen robbery; from the operator of a mining claim (Sec. 2). 4. Accused has intent to gain for himself or another Presumption of Fencing. · 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.

PRESIDENTIAL DECREE NO. 401 Penalizing the Unauthorized Installation of Water, Electrical or Telephone Connections, the Use of Tampered Water or Electrical Meters, and other Acts

PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF LOGS FROM PUBLIC FORESTS AND FOREST RESERVES AS QUALIFIED THEFT (P.D. NO. 330)

Acts punished: 1. The use of tampered water or electrical meters to steal water or electricity;

Any person, whether natural or juridical who directly or indirectly cuts, gathers, removes, or smuggles timber, or other forest products, either from any of the public forest, forest reserves and other kinds of public forest, whether under license or lease, or from any privately owned forest land in violation of existing laws, rules and regulations shall be guilty of the crime of qualified theft.

2. The stealing or pilfering of water and/or electrical meters, electric and/or telephone wires; 3. Knowingly possessing stolen or pilfered water and/or electrical meters and stolen or pilfered electric and/ or telephone wires. Theft of electricity can also be committed by any of the following means: 1. Turning back the dials of the electric meter; 2. Fixing the electric meter in such a manner that it will not register the actual electric consumption; 3. Under-reading of electric consumption; and 4. Tightening screw or rotary blades to slow down the rotation of the same

ARTICLE 311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM Theft of property on National Library and Museum has a fixed penalty regardless of its value. But if the crime is committed with grave abuse of confidence, the penalty for qualified theft shall be imposed, because Art 311 says “unless a higher penalty should be provided under the provisions of this Code.”

CHAPTER FIVE: CULPABLE INSOLVENCY

CHAPTER FOUR: USURPATION

.      

ARTICLE 312 OCCUPATION OF REAL PROPERTY OR USURPATION OF   REAL RIGHTS IN PROPERTY 1. That the offender takes possession of any real property or usurps any real rights in property; 2. That the real property or real rights belong to another; 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real property or usurping real right in property; 4. That there is intent to gain. Acts punishable under Article 312: 1. By taking possession of any real property belonging to another by means 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 ALTERING BOUNDARIES LANDMARK

313. OR

1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same; 2. That the offender alters said boundary marks.

CHAPTER SIX: SWINDLING AND OTHER DECEITS

315 ARTICLE 314. ARTICLE SWINDLING/ ESTAFA FRAUDULENT INSOLVENCY Elements in general: 1. That the offender is a debtor, that is, 1. That the accused defrauded another he has obligations by abuse of due and confidence, or by demandable; means of deceit; 2. That he absconds 2. That the damage or with his property; prejudice capable of pecuniary 3. That there be estimation is prejudice to his caused to the creditors. offended party or third persons. Damage or prejudice may consist of: 1. Offended party being deprived of his money or property as a result of the defraudation; 2. Disturbance property rights; 3. Temporary prejudice.

in

I. Estafa with Unfaithfulness or Abuse of Confidence A. Estafa with unfaithfulness (Article 315, No. 1-A) 1. That the offender has an onerous obligation to deliver something of value; 2. That he alters its substance, quantity or quality; 3. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons.

B. Estafa with abuse of confidence. Article 315 No.1-B) 1. That money, goods, or other personal property be 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; 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; 4. That there is demand made by the offender party to the offender.

C. Estafa by taking undue advantage of the signature in blank (Article 315, No. 1-C) 1. That the paper with the signature of the offended party be in blank; 2. That the offended party should have delivered it to the offender; 3. That above the signature of the offended party a document is written by the offender without authority to do so; 4. That the document so written creates a liability of, or causes damage to the offended party or any third person.

CHAPTER SIX: SWINDLING AND OTHER DECEITS

.    

Definition of Terms 1. Misappropriation (M) the act of taking something f or one’s   own benefit 2. Conversion - the act of using or disposing of anoth er’s property as it was one’s own; thing has been de voted to a purpose or use other than that agreed upon. 3. Material Possession (MP) – The actual physical possession of personal property, where the possessor cannot claim a better right to such property than that of its owner. 4. Juridical Possession (JP) – Is present when the possession of the personal property arises from a lawful causation, contract or agreement, express or implied, written or unwritten or by virtue of a provision of law.

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5. Ownership (O) – There is ownership of the personal property when there is no obligation to return exactly the same property given or lent to the possessor.

1. If the offender has been given Material Possession of the personal property and he Misappropriates the same, he is liable for the crime of THEFT. MP + M = Theft 2. If the offender has been given Juridical Possession and Material Possession of the personal property and he Misappropriates the same, he is liable for the crime of ESTAFA. JP + MP + M = Estafa 3. If the person has been given the Ownership, Juridical Possession, and Material Possession of the personal property and he Misappropriates the same, he is NOT criminally liable and incurs only a CIVIL LIABILITY. O + JP + MP + M = NO CRIME

II. Estafa by Means of Deceit (Article 315, No. 2) 1. That there must be false pretense, fraudulent act or fraudulent means; 2. That such false pretense, act or fraudulent means must be made or executed prior to or simultaneously with the commission of fraud. 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of fraudulent means; 4. That as a result thereof, the offended party suffered damage.

Ways of commission: A. Art. 315 No. 2 (A): 1. By using a fictitious name. 2. By falsely pretending to possess (a) power, (b) influence, (c) qualifications, (d) property, (e) credit, (f) agency, (g) business or imaginary transactions. 3. By means of other similar deceits. ILLEGAL RECRUITMENT Under the Migrant Workers Act (R.A. No. 8042) Illegal Recruitment – Any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority. Any such non-licensee or nonholder of authority who, for a fee, offers and promises employment abroad to two or more persons shall be deemed so engaged in illegal recruitment. Economic Sabotage: 1. Illegal recruitment by syndicate – committed by a group of three (3) or more persons conspiring or confederating with one another. 2. Large Scale Illegal Recruitment – committed against three (3) or more persons.

B. Art. 315 No. 2 (B) By altering, the quality, fineness or weight of anything pertaining to his business C. Art. 315 No. 2 (C) By pretending to have bribed any Government employee D. Art. 315 No. 2 (D) 1. That the offender postdated a check, OR issued a check in payment of an obligation 2. That such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check

BOUNCING CHECKS LAW (B.P. Blg. 22) Offenses Punished under BP 22: A. Making or Drawing and issuing a check knowing at the time of issue that he does not have sufficient funds. Elements: 1. That a person makes or draws and issues any check to apply on account or for value. 2. That the person knows that at the time of issue he does not have sufficient funds or credit with the drawee bank for the payment of such check upon its presentment 3. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.

CHAPTER SIX: SWINDLING AND OTHER DECEITS

.        

Requisites for Criminal Liability under BP 22: 1. A person makes, draws or   issues a check as payment for account or for value. 2. That the check was dishonored by the bank due to a lack of funds, insufficiency of funds or account already closed. 3. The payee or holder of such check gives a written notice of dishonor and demand for payment. 4. That the maker, drawer or issuer, after receiving such notice and demand, refuses or fails to pay the value of the check within FIVE BANKING DAYS.

Failing to keep sufficient funds to cover the full amount of the check. 1. That a person has sufficient funds with the drawee bank when he makes or draws and issues a check 2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount if presented within a period of 90 days from the date of appearing thereon. 3. That the check is dishonored by the drawee bank

E. Art. 315, No. 2(E) 1. By obtaining food, refreshment or accommodation at hotel, inn, restaurant, boarding house, lodging house or apartment house without paying thereof, with intent to defraud the proprietor or manager thereof 2. By obtaining credit at any of the said establishments by the use of any false pretense 3. By abandoning or surreptitiously removing any part of his baggage from any of the said establishment after obtaining credit, food, refreshment or accommodation therein, without paying therefor.

III. Estafa Through Following Means

the

A. Estafa by inducing another to sign any document (Article 315 No. 3A) 1. That the offender induced the offended party to sign a document; 2. That deceit be employed to make him sign the document; 2. That the offended party personally signed the document; 3. That prejudice caused.

be

B. Estafa by resorting to some fraudulent practice to insure success in gambling (Article 315 No. 3B) C. Estafa by removing, concealing or destroying documents (Article 315 No. 3C) 1. That there be court record, office files, documents or any other papers; 2. That the offender removed, concealed or destroyed any of them; 3. That the offender had intent to defraud another.

ARTICLE 316 OTHER FORMS SWINDLING Persons liable:

OF

1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same. a. That the thing be immovable, such as a parcel of land or a building; (property must actually exist) b. That the offender who is not the owner of said property should represent that he is the owner thereof c. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property); d. That the act be made to the prejudice of the owner or a third person

38    

CHAPTER SIX: SWINDLING AND OTHER DECEITS

.    

2. Any person who, knowing that real property is encumbered, shall   dispose of the same, although such encumbrance be not recorded. a. That the thing disposed of be real property. b. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. (principle of constructive notice does not apply) c. That there must be express representation by the offender that the real property is free from encumbrance. d. That the act of disposing of the real property be made to the damage of another.

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. a. That the offender is the owner of personal property; b. That said personal property is in the lawful possession of another;

a. That the offender is a surety in a bond given in a criminal or civil action;

c. That the offender wrongfully takes it from its lawful possessor; (if from unlawful possessor, Article 429 of the Civil Code applies)

b. That he guaranteed the fulfillment of such obligation with his real property or properties;

d. That prejudice is thereby caused to the possessor or third person.

c. That he sells, mortgages, or, in any manner encumbers said real property;

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation for services not rendered or for labor not performed.

39    

6. Any person who shall sell, mortgage or encumber real property with which the offender guaranteed the fulfillment of his obligation as surety.

d. That such sale, mortgage or encumbrance is (1) without express authority from the court, or (2) made before the cancellation of his bond, or (3) before being relieved from the obligation contracted by him.

CHAPTER SEVEN: CHATTEL MORTGAGE ARTICLE 317. SWINDLING A MINOR 1. That the offender takes a dvantage of the inexperience or emotions or feelings of a minor; 2. That he induces such minor to assume an obligation, or to give release, or to execute a transfer of any property right; 3. That the consideration is some loan of money, credit, or other personal property; (if real property, Article 318 applies; minor cannot convey real property without judicial authority) 4. That the transaction is to the detriment of such minor

ARTICLE 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY Acts punishable: A. Removal of Mortgaged Property By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it is located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns. Elements: 1. That personal property is mortgaged under Chattel Mortgage Law;

B. Sale or Pledge of Mortgaged Property By selling or pledging 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 thereof in the office of the register of deeds of the province where such property is located. Elements: 1. Personal property is pledged under Chattel Mortgage Law;

2. That the offender knows that such property is so mortgaged;

2. Offender, who is the mortgagor, sells or pledges the same property or any part thereof;

3. That he removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the execution of the mortgage;

3. No consent of mortgagee written on the back of the mortgage and noted on the record thereof in the Office of the Register of Deeds.

4. That the permanent;

removal

is

5. That there is no written consent of mortgagee, executors, administrators or assigns to such removal.

CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

   

ARTICLE 320-326B REPEALED BY PD 1613

 

PD 1613AMENDING THE LAW ON ARSON Kinds of Arson: 1. Arson (Sec. 1, PD No. 1613) 2. Destructive arson (Art. 320, as amended by RA No. 7659 3. Other cases of arson (Sec. 3, PD No. 1613) Arson – when any person burns or sets fire to the property of another, or his own property under circumstance which expose to danger the life or property of another. (Sec. 1, PD 1613)

40    

Destructive Arson (Art. 320, RPC) Burning of: 1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions. 2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.

There is also Destructive Arson: (Art. 320, RPC)

4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.

1. When the arson is committed by 2 or more persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission of another violation of the law

5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.

2. When any person shall burn: a. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government. b. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

Other cases of Arson: (Sec. 3, PD 1613) Burning of: 1. Any building used as offices of the Government or any of its agencies. 2. Any inhabited house or dwelling. 3. Any industrial establishment, shipyard, oil, well or mine shaft, platform or tunnel. 4. Any plantation, farm, pasture land, growing crop or grain field, orchard, bamboo grove or forest. 5. Any rice mill, sugar mill, cane mill, or mill central. 6. Any railway or bus station, airport, wharf, or warehouse. Special Aggravating Circumstance on Arson (Sec. 4, PD 1613): 1. If committed with intent to gain. 2. If committed for the benefit of another. 3. If the offender be motivated by spite or hatred towards the owner or occupant of the property burned. 4. If committed by a syndicate - planned or carried out by three or more persons

Prima facie evidence of Arson (Sec. 6, PD 1613): 1. If the fire started simultaneously in more than one part of the building or establishment. 2. If substantial amount of flammable substances or materials are stored within the building not of the offender nor for the household. 3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property. 4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy. 5. If during the lifetime of the corresponding fire insurance more than two fires have occurred in the same or other premises owned or under the control of the offender and /or insured. 6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business. 7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim.

1 2

CHAPTER NINE: MALICIOUS MISCHIEF

   

Attempted, frustrated or consummated arson:

ARTICLE 327 MALICIOUS MISCHIEF

1. A person, intending to   burn a wooden structure, collects some rags, soaks them in gasoline and places them beside the wooden wall of the building. When he is about to light a match to set fire to the rags, he is discovered by another who chases him away.

1. That the offender deliberately caused damage to the property of another;

2. Any charring of the wood of a building, whereby the fiber of the wood is destroyed, is sufficient. It is necessary that the wood should be ablazed. 3. Setting fire to the contents of a building constitutes the consummated crime of setting fire of a building, even if no part of the building was burned.

41    

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 (When Qualified) 1. Causing damage to obstruct the performance of public functions; 2. Using poisonous or corrosive substances; 3. Spreading any infection or contagion among cattle; 4. Causing 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.

ARTICLE 329 MISCHIEFS

OTHER

Mischiefs not included in the next preceding article and are punished according to the value of damage caused. ARTICLE 330 DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION Person liable: Any person who shall damage any railway, telegraph or telephone lines. Qualifying circumstance: Damage shall result in the derailment of cars, collision or other accident ARTICLE 331 DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS Persons liable: 1. Any person who shall destroy or damage statues or any other useful or ornamental public monuments. 2. Any person who shall destroy or damage any useful or ornamental painting of a public nature.

CHAPTER TEN: MALICIOUS MISCHIEF ARTICLE 332 PERSON EXEMPT FROM CRIMINAL LIABILITY Crimes involved in the exemption: 1. Theft 2. Swindling 3. Malicious mischief Persons exempted: 1. Spouses, ascendants and descendants, or relatives by affinity on the same line. 2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed to the possession of another. 3. Brothers and sisters and brothers in law and sisters in law, if living together. 4. Stepfather, adopted father, natural children, concubine, paramour included as ascendants by affinity.

TITLE TEN: CRIMES AGAINST CHASTITY CHAPTER ONE: ADULTERY AND CONCUBINAGE ARTICLE ADULTERY

333

Who are liable? 1. The married woman who engages in sexual intercourse with a man not her husband. 2. The man who, knowing of the marriage of the woman, has sexual intercourse with her. Elements: 1. That the woman is married; 2. That she has sexual intercourse with a man not her husband; 3. That as regards the man with whom she has sexual intercourse, he must know her to be married.

ARTICLE CONCUBINAGE

334

Who are liable? 1. The married man 2. The woman who knew that the man was married. Elements: 1. That the man must be married; 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling (mistress must live therein as such); b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife (proof of actual sexual relations not required as long as it can be inferred); c. Cohabiting with her in any other place (as husband and wife); 3. As regards to the woman, she must know him to be married.

CHAPTER TWO: ACTS OF LASCIVIOUSNESS

   

 

ARTICLE 336. ACTS OF LASCIVIOUSNESS 1. That the   offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; 3. That it is done under any of the following circumstances: a. By using force intimidation

or

ARTICLE QUALIFIED SEDUCTION

337

Two classes: 1. Seduction of a virgin over 12 years and under 18 years of age by persons who abuse their authority or the confidence reposed.

The following are the OFFENDERS: 1. Those who abused their authority: a. Persons in public authority b. Guardian c. Teacher d. Person who, in any capacity, is entrusted with the education or custody of the woman seduced

2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age and reputation.

2. Those who abused confidence reposed in them: a. Priest b. House servant c. Domestic

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

Elements:

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

2. She must be over 12 and under 18 years of age;

d. When the offended party is under 12 years of age or is demented.

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CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

1. That the offended party is a virgin;

3. That the offender had sexual intercourse with her; 4. That there is abuse of authority, confidence or relationship on the part of the offender.

3. Those who abused their relationship: a. Brother who seduced his sister b. Ascendant who seduced his descendant c. A “domestic” is different from a house servant, it means any person living under the same roof as a member of the same household, and includes boarders or house-guests but not transients or visitors. d. The fact that the girl gave her consent to the sexual intercourse is no defense. In the same way, lack of consent of the girl is not an element of the offense. e. The seduction of a sister or descendant is known as incest.

ARTICLE SIMPLE SEDUCTION

338

1. That the offended party is over 12 and under 18 years of age; 2. That she must be of good reputation, single or widow; 3. That the offender has sexual intercourse with her; 4. That it is committed by means of deceit.

ARTICLE 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY 1. That the offender commits acts of lasciviousness or lewdness; 2. That the acts are committed upon a woman who is a virgin or single or a 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.

ANTI-SEXUAL HARRASMENT ACT (R.A. No. 7877) Persons penalized: Employer, employee, manager, supervisor, teacher, professor, instructor, coach, trainor, or any other person having authority, influence, or moral ascendancy over another in a work, education or training-related environment. Prohibited acts: Demanding, requesting, or otherwise requiring any sexual favor from the other, regardless of whether the demand, request, or requirement is accepted by the object of the act.

ARTICLE 340 CORRUPTION OF MINORS (AS AMENDED BY BP 92) Prohibited acts – to promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another. Special Protection of Children Against Child Abuse Act (R.A. 7610) – Child prostitution and attempt to commit child prostitution are punished under this Act. Sec. 5. Child Prostitution and other Sexual Abuse – Children whether male or female, who for money, profit or other consideration or due to the coercion or influence of any adult syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.

     

Persons liable: 1. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to   the following: a. Acting as a procurer of a child prostitute; b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; c. Taking advantage of influence or relationship to procure a child as a prostitute; d. Threatening or using violence towards a child to engage him/her as a prostitute; e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution.

ARTICLE 341 WHITE SLAVE TRADE Prohibited acts: 1. Engaging in business prostitution;

the of

2. Profiting prostitution;

3. Enlisting the services of women for the purpose of prostitution.

43    

Two Kinds Abduction: 1. Forcible (Art. 342)

of

2. Consented abduction (Art. 343)

ARTICLE FORCIBLE ABDUCTION

ARTICLE CONSENTED ABDUCTION

343

abduction

342.

1. That the person abducted is a 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.

2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse. 3. Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

by

CHAPTER FIVE: PROVISIONS RELATING TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

CHAPTER FOUR: ABDUCTION

Elements: 1. That the offended party must be a virgin; 2. That she must be over 12 and under 18 years if age; 2. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; 3. That the taking away of the offended party must be with lewd design. Crimes against Chastity where age and reputation of the victim are immaterial: 1. Acts lasciviousness against the will of offended party against a sister descendant.

of the or or

2. Qualified Seduction of sister or descendant. 3. Forcible Abduction.

RICARDO  M.  RIBO  JR.  

ARTICLE 344 If a minor or OF TITLE ELEVEN PROSECUTION OF incapacitated and THE CRIMES OF refuses to file either of ADULTERY, the next succeeding CONCUBINAGE, persons may file: SEDUCTION, ABDUCTION, RAPE a. Either of the parents AND ACTS OF LASCIVIOUSNESS b. Either of the 1. Adultery and concubinage must be prosecuted upon the complaint signed by the offended spouse (and in the absence of an express or implied pardon). 2. Seduction, abduction and acts of lasciviousness must be prosecuted upon the complaint signed by (and in the absence of an express pardon) offended party – i. Even if a minor ii. If of legal age and not incapacitated, only she can file complaint

grandparents whether paternal or maternal side c. Legal or guardians

judicial

d. The State, as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and she has no known parents, grandparents or guardians.

.      

44    

CHAPTER FIVE: PROVISIONS RELATING TO THE TITLE TWELVE: CRIMES AGAISNT THE CIVIL STATUS OF PERSONS ARTICLE 315 PRECEDING CHAPTERS OF TITLE ELEVEN SWINDLING/ CHAPTER ONE: SIMULATION OF BIRTHS CHAPTER TWO: ILLEGAL MARRIAGES ESTAFA ARTICLE 345 OF TITLE ELEVEN ARTICLE 346 AND USURPATION OF CIVIL STATUS ARTICLE 349. ARTICLE 350 ARTICLE 351. PREMATURE CIVIL LIABILITY OF LIABILITY OF Elements in general: MARRIAGE PERSONS GUILTY OF ASCENDANTS, MARRIAGES ARTICLE 347 ARTICLE 348. BIGAMY   CONTRACTED CRIMES AGAINST GUARDIANS, SIMULATION OF USURPATION OF 1. That the accused 1. That the offender AGAINST CHASTITY TEACHERS, OR BIRTHS, Persons liable: CIVIL STATUS defrauded is legally married; PROVISIONS OF 1. A widow who married OTHER PERSONS SUBSTITUTION OF another by abuse LAWS (Illegal Persons who are guilty ENTRUSTED WITH ONE within 301 days from the Usurping the civil CHILD FOR of confidence, or 2. That the marriage Marriage) of rape, seduction or THE CUSTODY OF THE ANOTHER, date of the death of her status of another is by means of has not been abduction shall also be OFFENDED PARTY husband, or before having CONCEALMENT OR committed by deceit; dissolved or, in 1. That the offender sentenced: delivered if she is pregnant ABANDONMENT OF A assuming the case the spouse is contracted Persons who cooperate LEGITIMATE CHILD at the time of his death. filiation, or the 2. That the damage absent the absent marriage; 1. To indemnify the as accomplices but are parental or conjugal or prejudice spouse could not offended woman; punished as principals in Acts punished: 2. A woman whose marriage rights of another capable of yet be presumed 2. That he knew at the rape, seduction, having been annulled or with intent to enjoy pecuniary dead according to time that: 2. To acknowledge the abduction, acts of 1. Simulation of births; dissolved, married before the rights arising estimation is the Civil Code; offspring, EXCEPT: lasciviousness, acts of delivery or before from the civil status caused to the a. The requirements lasciviousness with the 2. Substitution of one of the latter. expiration of the period of offended party or 3. That he contracts of the law were a. In adultery and consent of the offended 301 days after the date of for another; and thirdchild persons. a second marriage not complied with; concubinage since party, corruption of legal separation. Crime is qualified if or subsequent or only a natural child minors, white slave 3. Concealing or the purpose is to Damage or prejudice marriage; and b. The marriage was may be trade: abandoning any defraud offended ARTICLE 352. may consist of: in disregard of a PERFORMANCE acknowledged legitimate child with parties and heirs. OF 4. That the second or legal impediment. 1. Ascendants, intent to cause such ILLEGAL MARRIAGES 1. Offended party subsequent b. Where either the 2. Guardians, child to lose • Priests or ministers of any being deprived of its civil marriage has all QUALIFYING offended party or the 3. Curators, teachers, status. religious denomination or his money or the essential CIRCUMSTANCE: if accused is married and sect, or civil authorities who property as a requisites for either of the 4. Any person, who In the third way of shall perform or authorize result of the validity. contracting parties c. When paternity cooperates as committing this crime, any legal marriage defraudation; obtains the consent of cannot be determined accomplice with abuse three requisites must ceremony shall be the other by means of as in multiple rape of authority or be present, namely: punished under the 2. Disturbance in violence, intimidation confidential relationship. Marriage Law. property rights; or fraud. d. Other instances 1. The child must be • Art. 352 presuppose that where the law should legitimate; the priest or minister or civil 3. Temporary prevent the offender authority is authorized to prejudice. from doing so; 2. The offender conceals solemnize marriages. If the or abandons such accused is not authorized In every case to child; and to solemnize marriage and support the offspring. he performs an illegal 3. The offender has the marriage ceremony, he is intent to cause such liable under Art. 177 child to lose its civil (usurpation of authority or status. public function).

TITLE THIRTEEN: CRIMES AGAINST HONOR CHAPTER ONE: LIBEL SECTION ONE DEFINITIONS, FORMS, AND PUNISHMENT OF THIS CRIME

   

ARTICLE 353 LIBEL

ARTICLE 354 REQUIREMENT FOR PUBLICITY

 

1. That, there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance; 2. That the imputation must be made publicly; 3. That it malicious;

must

be

The PRESUMPTION is rebutted if it is shown by the accused that – 1. The defamatory imputation is true, in case the law allows proof of the truth of the imputation (see Art. 361);

4. That the imputation must be directed at a natural person or a juridical person, or one who is dead;

2. It is published intention;

5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed.

MALICE is not presumed in the following cases involving qualifiedly privileged communication: 1. Private communication made by any person to another in the performance of any legal, moral or social duty.

Test of defamatory imputation: A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach the honesty, virtue or reputation, or to hold him up to public ridicule.

45    

Every Defamatory Imputation is Presumed to be Malicious, Even if it be True.

with

good

3. There is justifiable motive for making it.

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other 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 officers in the exercise of their functions.

Requisites of the first kind of privileged communication: 1. That the person who made the communication had a legal, moral or social duty to make the communication, or, at least, he had an interest to be upheld; 2. That the communication is addressed to an officer or a board, or superior, having some interest or duty in the matter; 3. That the statements in the communication are made in good faith.

Requisites of second kind privileged communication:

the of

1. That it is fair and true report of a judicial, legislative, or other official proceedings which are not of a confidential nature, or of a statement, report or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions; 2. That it is made in good faith; 3. That it is without any comments or remarks. Under Republic Act No. 1477: A newspaper reporter cannot be compelled to reveal the source of the news report he made, unless the court or a House or committee of Congress finds that such revelation is demanded by the security of the state.

THE ANTI-WIRE TAPPING ACT (R.A. No. 4200) Unlawful acts by any person or participant, not authorized by all the parties to any private communication or spoken word:

ARTICLE SLANDER (oral defamation)

358

Kinds: 1. Simple slander 2. Grave slander, when it is of a serious and insulting nature

1. To tap any wire or cable. 2. To use any other device or arrangement to secretly overhear, intercept or record such communication by using a device known as dictaphone, dictagraph, detectaphone, walkietalkie or tape-recorder. 3. To knowingly possess any tape/wire or disc record of any communication or spoken word or copies thereof. 4. To replay the same for any person or persons. 5. To communicate the contents thereof, verbally or in writing. 6. To furnish transcriptions thereof, whether complete or partial. Exception: When a peace officer is authorized by written order from the court.

Factors that determine the gravity of the oral defamation: 1. Expressions used; 2. Personal relations of the accused and the offended party; 3. Circumstances surrounding the case; 4. Social standing and position of the offended party.

SECTION TWO: GENERAL PROVISIONS

.      

ARTICLE 359 SLANDER BY DEED Slander by Deed– is a   by crime committed 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;

360.

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. 1. The editor or business manager of a daily newspaper magazine or serial publication.

3. That such act cast dishonor, discredit, or contempt upon the offended party.

2. 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.

1. Simple slander by deed; or 2. Grave slander by deed, that is, which is of a serious nature.

ARTICLE 361 PROOF OF TRUTH

FOR

2. That such act is performed in the presence of other persons;

Slander by deed is of two kinds:

46    

ARTICLE PERSONS RESPONSIBLE LIBEL

When proof of the truth is admissible in a charge for Libel: 1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer. 2. When the offended party is a Government employee, even if the imputation does not constitute a crime, provided it is related to the discharge of his official duties. ARTICLE 362 LIBELOUS REMARKS Libelous remarks or comments connected with the matter privileged under the provisions of Art. 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability

CHAPTER TWO: INCRIMINATORY MACHINATIONS ARTICLE 363. INCRIMINATING INNOCENT PERSONS

ARTICLE 364 INTRIGUING AGAINST HONOR

1. That the offender performs an act;

Committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another.

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

This refers to such int rigues against a perso n’s honor or reputation which are not otherwise punished under other articles of the code. It differs from defamation in that it consists of tricky or secret plots and may be committed without using written or spoken words which are defamatory

TITLE FOURTEEN: QUASI-OFFENSES SOLE CHAPTER: CRIMINAL NEGLIGENCE

.      

ARTICLE IMPRUDENCE NEGLIGENCE

365 AND

Four ways of committing quasioffenses under Art 365: 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 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

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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. Elements: 1. That the offender does or fails to do an act.

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.

Qualifying Circumstance: Failing to lend help. It raises the penalty one degree higher. Except: Sec. 55 of RA 4136, the driver can leave his vehicle without aiding the victims if:

Elements: 1. That there is lack of precaution on the part of the offender. 2. That the damage impending to be caused is not immediate nor the danger clearly manifest.

1. He is in imminent danger of being harmed, 2. He wants to report to the nearest officer of the law, or 3. He desires to summon a physician or a nurse for medical assistance to the injured.

2. That the doing of or the failure to do that act is voluntary. 3. That it be without malice. 4. That material results.

damage

5. That there is inexcusable lack of precaution on the part of the person performing or failing to perform such act taking into consideration – • Employment or occupation. • Degree of intelligence, physical condition, and • Other circumstances regarding persons, time and place

RICARDO  M.  RIBO  JR.