Title 1: Crimes Against National Security and the Law
of Nations which the individuals owe to the government under
Chapter 1: Crimes Against National Security
Section 1: Treason and Espionage
114. Any Filipino citizen who levies war against the
Philiipines or adheres to her enemies, giving them aid or
comfort within the Philippines or elsewhere, shall be
punished by reclusion perpetua to death and shall pay a
fine not to exceed 100,000 pesos.
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt
act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who
commits acts of treason as defined in paragraph 1 of
this Article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed 100,000 pesos.
 Cannot be proven by circumstantial evidence or by
extrajudicial confession of the accused
 Ways of proving treason:
1. Testimony of two witnesses, at least, to the same
overt act
o Required to prove the overt act of giving aid or
comfort and not necessary to adherence
2. Confession of the accused in open court
o Confession means the confession of guilt
 Defendant should be acquitted if only one of the two
witnesses is believed by the court
 The two-witness rule is not affected by discrepancies
in minor details of the testimony
 Adherence may be proved:
1. By one witness
2. From the nature of the act itself
3. From the circumstances surrounding the act
 Elements of treason:
1. That the offender is a Filipino citizen or an alien
residing in the Philippines
2. There is war in which the Philippines is involved
3. That the offender either
a. Levies war against the Government
b. Adheres to the enemies, giving them aid or
comfort
 Treason
o a breach of allegiance to a government, committed
by a person who owes allegiance to it (definition)
o a violation by a subject of his allegiance to his
sovereign or to the supreme authority of the State
(nature of the crime)
 Filipino citizenship may be proved by his
A. prison record having been filled out with data
supplied by the accused himself
B. Testimony of witnesses who know him to have been
born in the Philippines of Filipino parents
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Allegiance—the obligation of fidelity and obedience
which they live or to their sovereign, in return for the
protection they receive
A. Permanent Allegiance—obligation of fidelity and
obedience which a citizen or subject owes to his
government or sovereign
B. Temporary Allegiance—obligation of fidelity and
obedience which a resident alien owes to our
government
 Treasonable acts may actually be perpetrated during
peace, but there are no traitors until war has started
 Two modes of committing treason:
A. By levying war against the Government which
requires the concurrence of two things:
1. That there be actual assembling of men
2. For the purpose of executing a treasonable design
by force
o In this mode, it is not necessary that there be a
formal declaration of the existence of a state of
war
o The levying of war must be
a. with the intent to overthrow the government
as such, not merely to resist a particular
statute or to repel a particular officer
b. in collaboration with a foreign enemy
B. By adhering to the enemies of the Philippines, giving
them aid or comfort
o Adherence and giving aid or comfort to the enemy
must concur together
o Adherence to the enemy—intent to betray; there
is adherence when a citizen intellectually or
emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s
policy or interest
o Aid or comfort—
a. an act which strengthens or tends to strengthen
the enemy in the conduct of war against the
traitor’s country
b. an act which weakens or tends to weaken the
power of the traitor’s country to resist or to
attack the enemy
 The aid and comfort must be given to the
enemy by some kind of action. It must be a
deed or physical activity.
 The expression includes such acts as furnishing
the enemy with arms, troops, supplies,
information, or means of transportation
 The aid and comfort which constitute treason
must depend upon their nature, degree and
purpose
 The aid or comfort given to the enemies must
be after the declaration of war where the
enemies are the subject of a foreign power
 The overt act of aid and comfort must be
intentional which provides that there could be no
treason thru negligence
Page 1 of 75
 The acceptance of public office and discharge of
official duties constitute treason if such is policy-
determining and is used to propagate the creed of the
invader
 When killings and other common crimes are charged
as overt acts of treason, they cannot be regarded: (1) as
separate crimes, or (2) as complexed with treason
 Treason is such of a nature that it may be committed
by one single act, by a series of acts, or by several
series thereof, not only in a single time, but in different
times, it being a continues crime.
 All overt acts the accused has done constitute but a
single offense
 Aggravating circumstances in treason:
a. Cruelty or ignominy
b. Rape, wanton robbery for personal gain, and
brutality are regarded as cruelty and ignominy
 The gravity or seriousness of the acts of treason are
considered and not merely the aggravating
circumstances present
 Good defense in treason:
a. Defense of obedience to de facto government
b. Defense of duress or uncontrollable fear
 Defense of suspended allegiance and change of
sovereignty is not accepted
115. The conspiracy or proposal to commit the crime of
treason shall be punished respectively, by prision mayor
and a fine not exceeding 10,000 pesos, and prision
correccional and a fine not exceeding 5,000 pesos.
 Conspiracy to commit treason is committed when in
time of war, 2 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 (Art. 8 and 114)
 Proposal to commit treason is committed when in time
of war, a person who has decided to levy war against the
Government or to adhere to the enemies and give air
or comfort, proposes its execution to some other person
or persons (Art. 8 and 114)
 The two-witness rule does not apply to conspiracy or
proposal to commit treason.
116. Every person owing allegiance to (the United
States or) the Government of the Philippine Islands,
without being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does not
disclose and make known the same, as soon as possible,
to the governor or fiscal of the province, or the mayor
or fiscal of the city in which he resides, as the case may
be, shall be punished as an accessory to the crime of
treason.
 Elements:
1. That the offender must be owing allegiance to the
Government, and not a foreigner
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
2. That he has knowledge of any conspiracy (to
commit treason) against the Government
3. That he conceals or does not disclose and make know the
same as soon as possible to the governor or fiscal of
the province or the mayor or fiscal of the city in which
he resides
 Art. 116 does not apply when the crime of treason is
already committed by someone and the accused does
not report its commission to the proper authority
 Although the offender in misprision of treason is
punished as an accessory to treason, he is, however, a
principal in the crime of misprision of treason
 Art. 116 is an exception to the rule that mere silence
does not make a person criminally liable which is
under Art. 19.
117. The penalty of prision correccional shall be
inflicted upon any person who:
1. Without authority therefor, enters a warship, fort,
or naval or military establishment or reservation
to obtain any information, plans, photographs, or
other data of a confidential nature relative to the
defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office
he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses
their contents to a representative of a foreign
nation.
The penalty next higher in degree shall be imposed if
the offender be a public officer or employee.
 Espionage—the offense of gathering, transmitting, or
losing information respecting the national defense
with intent or reason to believe that the information is
to be used to the injury of the Republic of the
Philippines or to the advantage of any foreign nation.
 Two ways of committing espionage:
1. By entering, without authority therefor, a warship, fort,
or naval or military establishment or reservation to obtain
any information, plans, photographs, or other data
of a confidential nature relative to the defense of the
Philippines
o Elements:
a. That the offender enters any of the places
mentioned therein
b. That he has no authority therefor
c. That his purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines
o It is not necessary that the offender should have
obtained any information, etc., but it is sufficient
that he has the purpose to obtain any of them when
he entered the mentioned places
2. By disclosing to the representative of a foreign nation the
contents of the articles, data or information referred
to in par. No. 1 of Art. 117, which he had in his
possession by reason of the public office he holds
Page 2 of 75
 oElements:
a. That the offender is a public officer
b. That he has in his possession the articles, data
or information referred to in par. 1, by reason of
the public office he holds
c. That he discloses their contents to a
representative of a foreign nation
 To be liable, the offender must have the intention to
obtain information relative to the defense of the
Philippines
 Persons liable in committing espionage:
o Under paragraph 1:
a. A citizen or a foreigner
b. A private individual or a public officer
 If the offender is a public officer or employee, the
penalty next lower in degree shall be imposed
o Under paragraph 2:
 Public officer who has in his possession the
article, data, or information by reason of the
public office he holds
Espionage Treason
A crime not conditioned by the citizenship of the offender
May be committed both in Committed only in time of
time of peace and in war war
May be committed in many Limited in 2 ways of
ways committing the crime:
1. Levying war
2. Adhering to the
enemy giving him aid
or comfort
Commonwealth Act No. 616
An Act to Punish Espionage and other Offenses
against National Security
Acts Punishable:
1. Unlawfully obtaining or permitting to be obtained
information affecting national defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e. causing in
any manner insubordination, disloyalty, mutiny or
refusal of duty of any member of the military, naval,
or air forces of the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the law (i.e. the
offender harbors a person whom he knows as
someone who committed or is about to commit a
violation of this Act); and
7. Photographing from aircraft of vital military
information.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
Sec. 2: Provoking war and disloyalty in case of war
Crimes classified as provoking war and disloyalty in case of
war:
a. Inciting war or giving motives for reprisals
b. Violation of neutrality
c. Correspondence with hostile country
d. Flight to enemy’s country
118. The penalty of reclusion temporal shall be imposed
upon any public officer or employee, and that of prision
mayor upon any private individual, who, by unlawful or
unauthorized acts provokes or gives occasion for a war
involving or liable to involve the Philippine Islands or
exposes Filipino citizens to reprisals on their persons or
property.
 Elements:
1. That the offender performs unlawful or
unauthorized acts
2. That such acts provoke or give occasion for a war
involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their persons
or property
 The intention of the offender is immaterial so long as
the action gave rise to an occasion of war or exposed
Filipino citizens to reprisals even if it is a mere
imprudence
 The crime of inciting to war or giving motives for
reprisals is committed in time of peace
119. The penalty of prision correccional shall be inflicted
upon anyone who, on the occasion of a war in which
the Government is not involved, violates any regulation
issued by competent authority for the purpose of
enforcing neutrality.
 Elements:
1. That there is a war in which the Philippines is not
involved
2. That there is a regulation issued by competent
authority for the purpose of enforcing neutrality
3. That the offender violates such regulation
 Neutrality—a nation or power which takes no part in a
contest of arms going on between others
120. Any person, who in time of war, shall have
correspondence with an enemy country or territory
occupied by enemy troops shall be punished:
1. By prision correccional, if the correspondence has
been prohibited by the Government;
2. By prision mayor, if such correspondence be
carried on in ciphers or conventional signs;
3. By reclusion temporal, if notice or information be
given thereby which might be useful to the
enemy. If the offender intended to aid the enemy
Page 3 of 75
 by giving such notice or information, he shall
suffer the penalty of reclusion temporal to death.
 Elements:
1. That it is in time of war in which the Philippines is
involved
2. That the offender makes correspondence with an
enemy country or territory occupied by enemy troops
3. That the correspondence is either:
a. Prohibited by the Government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be
useful to the enemy
 Correspondence—communication by means of letters;
or it may refer to the letters which pass between those
who have friendly or business relations
 Even when the correspondence contains innocent
matters, as long as the Government prohibits its, it is
punishable
 Prohibition by the Government is not essential in
pars. 2 and 3
 Circumstances qualifying the offense—the ff. must
concur together:
a. That the notice or information might be useful to the
enemy
b. That the offender intended to aid the enemy
121. The penalty of arresto mayor shall be inflicted
upon any person who, owing allegiance to the
Government, attempts to flee or go to an enemy
country when prohibited by competent authority
 Elements:
1. That there is a war in which the Philippines is
involved
2. That the offender must be owing allegiance to the
Government
3. That the offender attempts to flee or go to enemy
country
4. That going to enemy country is prohibited by
competent authority
 An alien resident may be guilty of flight to enemy
country because the law does not say ―not being a
foreigner‖
Section 3: Piracy and mutiny on the high seas
122. The penalty of reclusion temporal shall be inflicted
upon any person who, on the high seas or in Philippine
waters, shall attack or seize any vessel or, not being a
member of its complement nor a passenger, shall seize
the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or
passengers.
The same penalty shall be inflicted in case of mutiny on
the high seas or in Philippine waters.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Two ways 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 in Philippine
waters
2. That the offenders are not members of its
complement or passengers
3. That the offenders (a) attack or seize that vessel, or
(b) seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of its
complement or passengers
 High seas—any water on the sea coast which are
without the boundaries of low-water mark, although
such waters may be in the jurisdictional limits of a
foreign government
 Piracy—robbery or forcible depredation on the high
seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal
hostility
 Mutiny—
o The unlawful resistance to a superior officer, or the raising
of commotions and disturbances on board a ship against
the authority of its commander
o usually committed by the other members of the
complement and may be committed by the
passengers of the vessel
Piracy Mutiny
Persons who attack the Persons who attack or seize
vessel or seize its cargo are are members of the crew or
strangers passengers
Intent to gain is essential Intent to ignore the ship’s
officers or they may be
prompted by a desire to
commit plunder
123. The penalty of reclusion perpetua to death shall be
imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the
following circumstances:
1. Whenever they have seized a vessel by boarding
or firing upon the same;
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 piracy—a special complex crime punishable
by reclusion perpetua to death, regardless of the number
of victims
 Vessel–any vessel or watercraft used for (a) transport of
passengers and cargo, or (b) for fishing.
Page 4 of 75
 Any person who aids or protects pirates or abets the
commission of piracy shall be considered as an
accomplice
Presidential Decree No. 532: Anti-Piracy and Anti-
Highway Robbery Law of 1974
 Aiding or abetting piracy requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates,
or in any manner derives any benefit;
3. Directly or indirectly abets the commission of
piracy.
 Under PD 532, piracy may be committed even by a
passenger or member of the complement of the vessel
Title 2: Crimes Against the Fundamental Laws of the
State
Chapter 1: Arbitrary Detention or Expulsion, Violation
of Dwelling, Prohibition, Interruption, and Dissolution
of Peaceful Meetings and Crimes Against Religious
Worship
 Crimes against the fundamental laws of the State:
1. Arbitrary detention (Art. 124)
2. Delay in the delivery of detained persons to the
proper judicial authorities (Art. 125)
3. Delaying release (Art. 126)
4. Expulsion (Art. 127)
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained and abuse in
the service of those legally obtained (Art 129)
7. Searching domicile without witnesses (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful
meetings (Art. 131)
9. Interruption of religious worship (Art. 132)
10. Offending the religious worship (Art. 133)
 Crimes against the Fundamental laws of State—violate
certain provisions of the Bill of Rights, Art. III, Secs.
1, 2, 4, 5, 6
Section 1: Arbitrary Detention and Expulsion
 Classes of arbitrary detention:
1. Arbitrary detention by detaining a person without
legal ground
2. Delay in the delivery of detained persons to the
proper judicial authorities
3. Delaying release
124. Any public officer or employee who, without legal
grounds, detains a person, shall suffer;
1. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the detention has not exceeded 3 days
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
2. The penalty of prision correccional in its medium
and maximum periods, if the detention has
continued more than 3 but not more than 15 days
3. The penalty of prision mayor, if the detention has
continued for more than 15 days but not more
than 6 months
4. That of reclusion temporal, if the detention shall
have exceeded 6 months
The commission of a crime, or violent insanity or any
other ailment requiring the compulsory confinement of
the patient in a hospital, shall be considered legal
grounds for the detention of any person.
 Summary: (detention for/between)
1. Less than 3 days—arresto mayor in its max—prision
correccional in its min
2. More than 3 but less than 15 days—prision correccional
in its med and max
3. More than 15 days but less than 6 months—prision
mayor
4. More than 6 months—reclusion temporal
 Elements:
1. That the offender is a public officer or employee
2. That he detains a person
3. That the detention is without legal grounds
 The public officer must be vested with authority to
detain or order the detention of persons accused of a
crime
a. Policemen and other agents of the law
b. Judges or mayors
c. Barangay captain
d. Municipal councilor
 If detention is perpetrated by other public officers or
by private individual (Arts. 267 or 268)—the crime is
illegal detention because they are acting in their private
capacity
 But private individuals who conspired with public
officers in detaining certain policemen are guilty of
arbitrary detention
 Detention—the actual confinement of a person in an
enclosure, or in any manner detaining and depriving
him of his liberty.
 Without legal grounds:
a. When he has not committed any crime or, at least,
there is no reasonable ground for suspicion that he
has committed a crime
b. When he is not suffering from violent insanity or
any other ailment requiring compulsory confinement
in a hospital
 Legal grounds for the detention of any person:
a. The commission of the crime
b. Violent insanity or any other ailment requiring
compulsory confinement of the patient in a hospital
 Warrantless arrest is the usual cause of arbitrary
detention
Page 5 of 75
 Warrantless arrest that is lawful: (a peace officer or a
private person)
1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting
to commit an offense
2. When an offense has in fact been committed, and he
has probable cause to believe based on personal
knowledge of facts and circumstances that the
person to be arrested has committed it
o Personal knowledge of facts—be based upon
probable cause, which means an actual belief or
reasonable grounds of suspicion
o Probable cause—such facts and circumstances
which could lead a reasonable discreet and
prudent man to believe than an offense has been
committed and that the object sought in
connection with the offense are in the place
sought to be searched
3. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another
o Pars. (1) and (2) refer to cases when a suspect is
caught in flagrante delicto or immediately thereafter,
while par. (3) refers to escaping prisoners
 Under Sec. 5, Rule 113 of the RRCP—actual
commission of a crime by the person detained is not
necessary to justify his detention
 The crime of arbitrary detention can be committed
thru imprudence.
125. The penalties provided in the next preceding
article shall be imposed upon the public officer or
employee who shall detain any person for some legal
ground and shall fail to deliver such person to the
proper judicial authorities within the period of:
A. 12 hours—for crimes or offenses punishable by
light penalties, or their equivalent
B. 18 hours—for crimes or offenses punishable by
correctional penalties, or their equivalent
C. 36 hours—for crimes or offenses punishable by
afflictive or capital penalties, or their equivalent
In every case, the person detained shall be informed of
the cause of his detention and shall be allowed upon his
request, to communicate and confer at any time with
his attorney or counsel.
 Elements:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
3. The he fails to deliver such person to the proper
judicial authorities within:
a. 12 hours—punishable by light penalties, or its
equivalent
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
b. 18 hours—punishable by correctional penalties,
or its equivalent
c. 36 hours—punishable by afflictive or capital
penalties, or its equivalent
 If the offender is a private person, the crime is illegal
detention and should have the same requirements
 The detention is legal in the beginning, and it only
becomes illegal after a certain period of time, because
the offended party is not delivered to the proper
judicial authority, within the period specified
 Art. 125 applies only when the arrest is made without
warrant of arrest but the arrest must be lawful
 If the arrest is made with a warrant of arrest, the
person arrested can be detained indefinitely until his
case is decided by the court or he posts a bail for his
temporary release
 What constitutes a violation of Art. 125 is the failure to
deliver the person arrested to the proper judicial
authority within the period specified therein
o It does not consist in a physical delivery, but in
making an accusation or charge or filing of an
information against the person arrested with the
corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order of release or
of commitment of the prisoner
o Judicial authorities—the courts of justice or judges
of said courts vested with judicial power to order the
temporary detention or confinement of a person
charged with having committed a public offense—
Supreme Court and such inferior courts
o Where a judge is not available, the arresting officer is
duty-bound to release a detailed person, if the
maximum hours for detention had already expired.
Failure to cause the release may result in an offense
under Art. 125
o Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation in accordance with this Rule, but he
must sign a waiver of the provisions of Art. 125 of
the RPC in the presence of his counsel
 Circumstances considered in determining liability of
officer detaining a person beyond legal period
1. The means of communication as well as
2. The hour of arrest and
3. Other circumstances such as the time of surrender
and the material possibility for the fiscal to make the
investigation and file in time the necessary
information
 The failure of the arresting officer to deliver the
person arrested to the judicial authority within the
time specified does not affect the legality of the
confinement of the petitioner who is detained because
of the warrant subsequently issued by a competent
court when an information was filed therein
o A violation of Art. 125 is not considered as one of
the grounds on which one can predicate a motion to
quash the information
Page 6 of 75
 o The illegality of detention is not cured by the filing
of the information in court
 If the city fiscal does not file the information within
the period prescribed and the arrest officer continues
holding the prisoner beyond the period, the fiscal will
not be responsible for violation of said Art. 125
 Rights of the person detained:
1. He shall be informed of the cause of his detention
2. He shall be allowed, upon his request, to
communicate and confer at anytime with his
attorney or counsel
 Public officer or employee is liable for preventing the
exercise of the right of attorney or counsel
 Art. 125 intended to prevent any abuse resulting from
confining a person without informing him of his
offense and without permitting him to go on bail
Article 124 Article 125
Detention is illegal from the Detention is legal in the
beginning beginning but illegality of
the detention starts from
the expiration of any of the
periods of time specified
without the detained
prisoner detained having
been delivered to the
proper judicial authority
126. The penalties provided for in Art. 124 shall be
imposed upon any public officer or employee who
delays for the period of time specified therein the
performance of any judicial or executive order for the
release of a prisoner or detention prisoner, or unduly
delays the service of the notice of such order to said
prisoner or the proceedings upon any petition for the
liberation of such person.
 3 acts punishable under Art. 126
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:
1. The offender is a public officer or employee
2. There is 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. The offender without god reason delays:
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
c. The proceedings upon a petition for the release of
such person
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 The public officers who are most likely to commit the
offense penalized in Art. 126 are the wardens and peace
officers temporarily in charge of the custody of
prisoners or detained persons
127. The penalty of prision correccional shall be
imposed upon any public officer or employee who, not
being thereunto authorized by law, shall expel any
person from the Philippine Islands or shall compel such
person to change his residence.
 2 acts punishable under Art. 127:
1. By expelling a person from the Phils.
2. By compelling a person to change his residence
 Elements:
1. The offender is a public officer or employee
2. He expels any person from the Phils., or compels a
person to change his residence
3. The offender is not authorized to do so by law
 Only the court by final judgment can order a person to
change his residence—ejectment proceedings,
expropriation proceedings, and in the penalty of
destierro
Section 2: Violation of domicile
128. The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or
employee who, not being authorized by judicial order,
shall enter any dwelling against the will of the owner
thereof, search papers or other effects found therein
without the previous consent of such owner, or having
surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any
papers or effects not constituting evidence of a crime
be not returned immediately after the search made by
the offender, the penalty shall be prision correccional in
its medium and maximum periods.
 Acts punishable under Art. 128:
1. By entering any dwelling against the will of the
owner thereof
2. By searching papers or other effects found therein
without the previous consent of such owner
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave
 Elements common to 3 acts:
1. The offender is a public officer or employee
2. He is not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers
or other effects
 If the offender is a private individual—trespass to
dwelling
Page 7 of 75
 A public officer or employee is authorized by judicial
order when he is armed with a search warrant duly
issued by the court
o No amount of incriminating evidence, whatever its
source, will supply the place of search warrant
 The entrance by the public officer must be against the
will of the owner of the dwelling, which presupposes
opposition or prohibition by said owner, whether
express or implied
o If the entrance by the public officer is only without
the consent of the owner of the dwelling, the crime
is not committed
 An officer, in order to make an arrest either by virtue
of a warrant or without as provided in Sec. 5, may
break into any building or enclosure where the person
to be arrested is or is reasonably believed to be, if he is
refused admittance thereto after announcing his
authority and purpose
 When detective secured the previous consent of the
owner of the house to search without warrant, they are
not liable
o When one voluntarily submits to a search or
consents to have it made upon his person or
premises, he is precluded from later complaining
thereof
o Silence of the owner of the dwelling before and
during the search, without search warrant by a
public officer, may show implied waiver
 If it is limited to looking only, it cannot be strictly
considered as the search of papers and other effects
punished by Art. 128
o If it is inspecting without search warrant, it is a
violation of domicile
 Papers or other effects mentioned must be found in
the dwelling
 Circumstances qualifying the offense:
1. The offense is committed at nighttime
2. If any papers or effects not constituting evidence of
a crime are not returned immediately after the search
made by the offender
129. In addition to the liability attaching to the offender
for the commission of any other offense, the penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not
exceeding 1,000 pesos shall be imposed upon any public
officer or employee who shall procure a search warrant
without just cause, or, having legally procured the
same, shall exceed his authority or use unnecessary
severity in executing the same.
 Acts punishable in connection with search warrants:
1. By procuring a search warrant without just cause
2. By exceeding his authority or by using unnecessary
severity in executing a search warrant legally
procured
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Elements of procuring a search warrant without just
cause:
1. The offender is a public officer or employee
2. He procures a search warrant
3. There is no just cause
 Search warrant—an order in writing issued in the
name of the People of the Phils., signed by a judge and
directed to a peace officer, commanding him to search
for personal property described therein and bring it
before the court
 A search warrant may be issued for the search and
seizure of the following personal property:
1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of
the offense
3. Used or intended to be used as the means of
committing an offense
 Requisites for issuing a search warrant:
o It shall not issue except upon probable cause in
connection with one specific offense to be
determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the things to be seized which may be anywhere in
the Phils.
 The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully
detained therein
 No search of a house, room or any other premises
shall be made except in the presence of the lawful
occupant thereof or any member of his family or in
the absence of the latter, in the presence of 2 witnesses
of sufficient age and discretion residing in the same
locality
 A search warrant shall be valid for 10 days from its
date
 The officer seizing property under the warrant must
give a detailed receipt for the same to the lawful
occupant of the premises and leave a receipt in the
place in which he found the seized property
 Probable cause—such facts and circumstances which
would lead a reasonably discreet and prudent man to
believe than an offense has been committed and that
the object sought in connection with the offense are in
the place sought to be searched
 A search warrant is said to have been procured
without just cause when it appears on the face of the
affidavits filed in support of the application therefor,
or through other evidence, that the applicant had
every reason to believe that the search warrant sought
for was unjustified
Page 8 of 75
 o The true test of lack of just cause is whether the
affidavit filed in support of the application for
search warrant has been drawn in such a manner the
perjury could be charged thereon and affiant be held
liable for damages caused
o The oath required must refer to the truth of the
facts within the personal knowledge of the applicant
for search warrant or his witnesses, not of the facts
reported to me by a person whom I consider to be
reliable
 When papers or effects are obtained during reasonable
searches and seizure, or under a search warrant issued
without probable cause and not in accordance with the
procedure prescribed, or in violation of the privacy of
communication and correspondence, the papers or
effects thus obtained are not admissible if presented as
evidence
 A person lawfully arrested may be searched for
dangerous weapons or anything which may be used as
a proof of the commission of an offense without a
search warrant
 Peace officers may enter the house of an offender who
committed an offense in their presence
 Search and seizure without search warrant of vessels
and aircraft for violation of the customs laws have
been the traditional exception to the constitutional
requirement of a search warrant
 Elements of exceeding authority or using unnecessary
severity in executing a search warrant legally procured:
1. The offender is a public officer or employee
2. He has legally procured a search warrant
3. He exceeds his authority or uses unnecessary
severity in executing the same
130. The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public
officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other
belongings of any person, in the absence of the latter,
any member of his family, or in their default, without
the presence of two witnesses residing in the same
locality.
 Elements:
1. The offender is a public officer or employee
2. He is armed with search warrant legally procured
3. He searches the domicile, papers or other
belongings of any person
4. The owner, or any member of his family, or 2
witnesses residing in the same locality are not
present
 Search—to go over or look through for the purpose
of finding something; to examine
 Art. 130 does not apply to searches of vehicles or
other means of transportation because the searches are
not made in the dwelling
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Search without warrant under the Tariff and Customs
Code does not include a dwelling house
Section 3: Prohibition, interruption and dissolution of
peaceful meetings
131. The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or
interrupt the holding of a peaceful meeting, or shall
dissolve the same.
The same penalty shall be imposed upon a public officer
or employee who shall hinder any person from joining
any lawful association or from attending any of its
meetings.
The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with
others, any petition to the authorities for the correction
of abuses or redress of grievances.
 Acts punished in connection with peaceful meetings,
associations, and petitions:
1. By prohibiting or interrupting, without legal ground,
the holding of a peaceful meeting, or by dissolving
the same
2. By hindering any person from joining any lawful
association or from attending any of its meetings
3. By 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
 Elements common to the 3 acts punishable:
1. That the offender is a public officer or employee
2. He performs any of the acts mentioned above
 If the offender is a private individual—disturbance of
public order (Art. 153)
 To constitute a violation of the1st par.:
1. The meeting must be peaceful
2. There is no legal ground for prohibiting or
interrupting or dissolving that meeting
 The right to freedom of speech and to peacefully
assemble is not absolute, for it may be regulated in
order that it may not be ―injurious to the equal
enjoyment of others nor injurious to the right of the
community or society
 The denial of the petition of this Art. Is not a violation
 To justify suppression of free speech, there must be
reasonable ground to believe that the danger
apprehended is imminent and that the evil to be
prevented is a serious one
 The offender must be a stranger and not a participant
in the peaceful meeting
Page 9 of 75
 Section 4: Crimes against religious worship
 Crimes against religious worship:
1. Interruption of religious worship
2. Offending the religious feelings
132. The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or
employee who shall prevent or disturb the ceremonies
or manifestations of any religion.
If the crime shall have been committed with violence or
threats, the penalty shall be prision correccional in its
medium and maximum periods.
 Elements:
1. The offender is a public officer or employee
2. The religious ceremonies or manifestations of any
religion are about to take place or are going on
3. The offender prevents or disturbs the same
 Circumstance qualifying the offense—crime
committed with violence or threats
 There is no provision of law which requires religious
service to be conducted in approved orthodox style in
order to merit its protection against interference and
disturbance
o ―persons who meet for the purpose of religious
worship, by any method which is not indecent and
unlawful, have a right to do so without being
molested or disturbed‖
133. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
shall be imposed upon anyone who, in a place devoted
to religious worship or during the celebration of any
religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.
 Elements:
1. The acts complained of were performed
a. In a place devoted to religious worship, or
b. During the celebration of any religious ceremony
2. The acts must be notoriously offensive to the
feelings of the faithful
 ―in a place devoted to religious worship—not
necessary that there is a religious ceremony going on
when the offender performs acts notoriously offensive
to the feelings of the faithful
 ―during the celebration‖—the religious ceremony need
not be celebrated in a place of worship
 Religious ceremonies—those religious acts performed
outside of a church, such as processions and special
prayers for burying dead persons
 Acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as mocking
or scoffing at or attempting to damage an object of
religious veneration
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 There must be deliberate intent to hurt the feelings of
the faithful
 Whether or not an act offends the feelings of the
faithful should be viewed or judged from the latter’s
point of view, and not from that of the offender
Chapter 1: REBELLION, COUP D’ETAT, SEDITION AND
DISLOYALTY
134. The crime of rebellion or insurrection is committed
by rising publicly and taking arms against the
Government for the purpose of removing from the
allegiance to said Government or its laws, the territory
of the Republic of the Philippines or any part thereof, or
any body of land, naval, or other armed forces, or
depriving the Chief Executive or the Legislature, wholly
or partially, of any of their powers or prerogatives.
 Elements:
1. That there be
a. Public uprising; and
b. Taking arms against the Government
2. The purpose of the uprising or movement is either
a. To remove from the allegiance to said
Government or its laws
i. The territory of the Philippines or any part
thereof
ii. Any body of land, naval or other armed forces
b. To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives
 Rebellion—the object of the movement is completely
to overthrow and supersede the existing government
o It evokes, not merely a challenge to the constituted
authorities, but also civil war on a bigger or lesser
scale
o A crime of masses of a multitude
o A vast movement of men and a complex net of
intrigues and plots
 Insurrection—a movement which seeks merely to
effect some change of minor importance, or to
prevent the exercise of governmental authority with
respect to particular matters or subjects
 An actual clash of arms with the forces of the
Government is not absolutely necessary
o The crime of rebellion is complete the very moment
a group of rebels rise publicly and take arms against
the Government, for the purpose of overthrowing
the same by force
Rebellion Subversion
Crime against public order Crime against national
security
Rebellion Treason
Levying of war against the Levying of war against the
Government during peace Government coupled with
time for purposes the performance of aiding
Page 10 of 75
 mentioned in Art. 134 the enemy
Always involves taking up May be committed by
arms against the mere adherence to the
Government enemy giving him aid or
comfort
RA 9372: Human Security Act of 2007
 Crime of Terrorism
o A person who commits an act punishable as
rebellion or insurrection, thereby sowing and
creating a condition of widespread and extraordinary
fear and panic among the populace, in order to
coerce the government to give in to an unlawful
demand
 Acts punishable as Terrorism
1. Piracy in general and Mutiny in the High Seas or in
the Philippine Waters
2. Rebellion or Insurrection
3. Coup d’etat, including acts committed by private
persons
4. Murder
5. Kidnapping and serious illegal detention
6. Crimes involving destruction or under
a. The Law of Arson
b. Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990
c. Atomic Energy Regulatory and Liability Act of
1968
d. Anti-Hijacking Law
e. Anti-Piracy and Anti-Highway Robbery Law of
1974
f. Decree Codifying the Laws on Illegal and
Unlawful Possession, manufacture, Dealing in,
Acquisition or Disposition of Firearms,
Ammunitions or Explosives
 Terrorism is punished by the penalty of 40 years of
imprisonment without the benefit of parole
 Persons who conspire to commit the crime of
terrorism shall suffer the penalty of 40 years of
imprisonment
 Accomplice in Terrorism
o Any person who, not being a principal under Art. 17
of the RPC or a conspirator, cooperates in the
execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of from 17
years, 4 months, 1 day to 20 years of imprisonment
 Accessory in Terrorism
o Any person who, having knowledge of the
commission of terrorism or conspiracy to commit
terrorism, and without having participated therein,
either as principals or accomplices, take part
subsequent to its commission in any of the
following manners:
a. By profiting themselves or assisting the offender
to profit by the effects of the crime
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
b. By concealing or destroying the body of the crime,
or the effects or instruments thereof, in order to
prevent its discovery
c. By harboring, concealing, or assisting in the
escape of the principals of the crime
o Shall suffer the penalty of 10 years and 1 day to 12
years of imprisonment
 Prosecution under this Act shall be a bar to another
prosecution under the RPC or any Special Penal Laws
134-A. The crime of coup d’etat is a swift attack,
accompanied by violence, intimidation, threat, strategy
or stealth, directed against duly constituted authorities
of the Republic of the Philippines, or any military camp
or installation, communications networks, public
utilities or other facilities needed for the exercise and
continued possession of power, singly or simultaneously
carried out anywhere in the Phils. by any person or
persons, belonging to the military or police or holding
any public office or employment, with or without
civilian support or participation, for the purpose of
seizing or diminishing state power.
 Elements:
1. The offender is a person or persons belonging to
the military or police or holding any public office or
employment
2. It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth
3. The attack is directed against duly constituted
authorities of the Republic of the Philippines, or any
military camp or installation, communication
networks, public utilities or other facilities need for
the exercise and continued possession of power
4. The purpose of the attack is to seize or diminish
state power
 The crime of coup d’etat may be committed with or
without civilian participation
135. Any person who promotes, maintains, or head a
rebellion or insurrection shall suffer the penalty of
reclusion perpetua.
Any person merely participating or executing the
commands of others in rebellion or insurrection shall
suffer the penalty of reclusion temporal.
Any person who leads or in any manner directs or
commands others to undertake a coup d’etat shall
suffer the penalty of reclusion perpetua.
Any person in the government service who participates,
or executes directions or commands of others in
undertaking a coup d’etat shall suffer the penalty of
reclusion temporal in it maximum period.
Page 11 of 75
Any person not in the government service who
participates, or in any manner supports, finances, abets
or aids in undertaking a coup d’etat shall suffer the
penalty of prision mayor in its maximum period
When the rebellion, insurrection or coup d’etat shall be
under the command of unknown leaders, any person
who in fact directed the others, spoke for them, signed
receipts and other documentation issued in their name,
or performed similar acts, on behalf of the rebels, shall
be deemed a leader of such rebellion, insurrection or
coup d’etat.
 The following are liable for rebellion, insurrection
and/or coup d’etat:
1. The leaders
A. Any person who (a) promotes, (b) maintains, or
(c) heads a rebellion or insurrection; or
B. Any person who (a) leads, (b) directs, or (c)
commands others to undertake a coup d’etat
2. The participants
A. Any person who (a) participates, or (b) executes
the commands of others in rebellion, or
insurrection
B. Any person in the government service who (a)
participates, or (b) executes directions or
commands of others in undertaking a coup d’etat
C. Any person not in the government service who (a)
participates, (b) supports, (c) finances, (d) abets, or
(e) aids in undertaking a coup d’etat
 It is not a defense that the accused never took the
oath of allegiance to, or that they never recognized
the Government
 Thos who killed person in pursuance of the
movement to overthrow the government are liable
for rebellion only
o There is no complex crime of rebellion
o Any or all of the acts described in Art. 135,
when committed as means to or furtherance of
the subversive ends described in Art. 134,
become absorbed in the crime of rebellion and
cannot be regarded or penalized as distinct
crimes in themselves
o Hernandez remains binding doctrine operating
to prohibit the complexing of rebellion with any
other offense committed on the occasion
thereof, either as a means to its commission or
as an unintended effect of an activity that
constitutes rebellion
 Membership in a rebel organization does not
automatically qualify criminal acts as absorbed in
rebellion
 Political crimes—those directly aimed against the
political order, as well as such common crimes as
may be committed to achieve a political purpose.
o The decisive factor is the intent or motive
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
136. The conspiracy and proposal to commit coup d’etat
shall be punished by prision mayor in its minimum
period and a fine which shall not exceed 8 thousand
pesos.
The conspiracy and proposal to commit rebellion or
insurrection shall be punished, respectively, by prision
correccional in its maximum period and a fine which
shall not exceed 5 thousand pesos, and by prision
correccional in its medium period, and a fine not
exceeding 2 thousand pesos.
 Two crimes defined and penalized in this Art.:
1. Conspiracy to commit rebellion—when 2 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
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
137. The penalty of prision correccional in its minimum
period shall be imposed upon public officers or
employees who have failed to resist a rebellion by all
the means in their power, or shall continue to discharge
the duties of their offices under the control of the
rebels or shall accept appointment to office under
them.
 Acts of disloyalty that are punished:
1. By failing to resist a rebellion by all the means in
their power
2. By continuing to discharge the duties of their offices
under the control of the rebels
3. By accepting appointment to office under them
 The crime of disloyalty of public officers presupposes
the existence of rebellion by other persons
 The public officer or employee who performs any of
the acts of disloyalty should mo be in conspiracy with
the rebels
138. The penalty of prision mayor in its minimum period
shall be imposed upon any person who, without taking
arms or being in open hostility against the Government,
shall incite others to the execution of any of the acts
specified in Art. 124 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.
 Elements:
1. The offender does not take arms or is not in open
hostility against the Government
2. He incites others to the execution of any of the acts
of rebellion
Page 12 of 75
 3. The inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end
Inciting to rebellion Proposal to commit
rebellion
Offender induces another to commit rebellion
The crime of rebellion should not be actually committed
by the persons to whom it is proposed or incited
Not required that the The person who proposes
offender has decided to has decided to commit
commit rebellion rebellion
The act of inciting is done The person who proposes
publicly the execution of the crime
uses secret means
139. The crime of sedition is committed by persons who
rise publicly and tumultuously in order to attain by
force, intimidation, or by other means outside of legal
methods, any of the following objects:
1. To prevent the promulgation or execution of any
law or the holding of any popular election
2. To prevent the National Government, or any
provincial or municipal government, or any public
officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order
3. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee
4. To commit, for any political or social end, any act
of hate or revenge against private persons or any
social class; and
5. To despoil, for any political or social end, any
person, municipality or province, or the National
Government (or the Government of the United
States) of all its property or any part thereof.
 Elements:
1. The offender rise (a) publicly, and (b) tumultuously
2. They employ force, intimidation, or other means
outside of legal methods
3. 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 National Government, or any
provincial or municipal government, or any public
officer thereof 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; and
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
e. To despoil, for any political or social end, any
person, municipality or province, or the National
Government of all its property or any part
thereof.
 Sedition—the raising of commotion or disturbances in
the State
o The ultimate object of sedition is a violation of the
public peace or at least such a course of measures as
evidently engenders it
Rebellion Sedition
There must be public uprising
There must be taking up of It is sufficient that the
arms against the public uprising is
Government tumultuous
The purpose is always The purpose of the
political offenders may be political
or social
Treason Sedition
The ―violation by a subject The ―raising of
of his allegiance to his commotions or
sovereign or liege, lord, or disturbances in the State‖
to the supreme authority of
the State‖
 The disturbance shall be deemed to be tumultuous if
caused by more than 3 persons who are armed or
provided with means of violence
140. The leader of a sedition shall suffer the penalty of
prision mayor in its minimum period and a fine not
exceeding 10,000 pesos.
Other persons participating therein shall suffer the
penalty of prision correccional in its maximum period
and a fine not exceeding 5,000 pesos.
141. Persons conspiring to commit the crime of sedition
shall be punished by prision correccional in its medium
period and a fine not exceeding 2 thousand pesos.
 There is no proposal to commit sedition; hence, it is
not punishable.
142. The penalty of prision correccional in its maximum
period and a fine not exceeding 2 thousand pesos shall
be imposed upon any person who, without taking any
direct part in the crime of sedition, should incite others
to the accomplishment of any of the acts which
constitute sedition, should incite others to the
accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any
person or persons who shall utter seditious words or
speeches, write, publish, or circulate scurrilous libels
against the Government (of the United States or the
Page 13 of 75
Government of the Commonwealth) of the Philippines,
or any of the duly constituted authorities thereof, or
which tend to disturb or obstruct any lawful officer in
executing the functions of his office, or which tend to
instigate others to cabal and meet together for unlawful
purposes, or which suggest or incite rebellious
conspiracies or riots, or which lead or tend to stir up the
people against the lawful authorities or to disturb the
peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil
practices.
 Different acts of inciting to sedition:
1. Inciting others to the accomplishment of any of the
acts which constitute sedition by means of speeches,
proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to
disturb the public place
3. Writing, publishing, or circulating scurrilous libels
against the Government or any of the duly
constituted authorities thereof, which tend to
disturb the public peace
 Elements: (inciting to sedition to accomplish any of its
object)
1. The offender does not take direct part in the crime
of sedition
2. He incites others to the accomplishment of any of
the acts which constitute sedition
3. The inciting is done by means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending to the
same end
 Scurrilous—low, vulgar, mean or foul
 Writings which tend to overthrow or undermine the
security of the government or to weaken the
confidence of the people in the government are
against the public peace, and are criminal not only
because they tend to incite to a breach of the peace
but because they are conducive to the destruction of
the government itself
 Uttering seditious words or speeches and writing,
publishing or circulating scurrilous libels are
punishable, when—
1. They tend to disturb or obstruct any lawful officer
in executing the functions of his office
2. They tend to instigate others to cabal and meet
together for unlawful purposes
3. They suggest to incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the
lawful authorities or to disturb the peace of the
community, the safety and order of the Government
 ―knowingly concealing such evil practices‖—ordinarily
an act of the accessory after the fact, but under this
provision, the act is treated and punished as that of the
principal
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 It is not necessary, in order to be seditious, that the
words used should in fact result in a rising of the
people against the constituted authorities
 Two rules relative to seditious words:
1. The clear and present danger rule
o The words must be of such a nature that by
uttering them there is a danger of a public uprising
and that such danger should be both clear and
imminent
o There must be reasonable ground to believe that
the danger apprehended is imminent and that the
evil to be prevented is a serious one where there
must be the probability of serious injury to the
State
2. The dangerous tendency rule
o If the words used tend to create a danger of public
uprising or easily produce disaffection among the
people and a state of feeling in them incompatible
with a disposition to remain loyal to the
Government and obedient to the laws
 Unlawful rumor-mongering and spreading false
information—
o Committed by any person who shall offer, publish,
distribute, circulate and spread rumors, false news
and information and gossip, or cause the
publication, distribution, circulation or spreading of
the same, which cause or tend to cause panic,
divisive effects among the people, discredit of or
distrust for the duly constituted authorities,
undermine the stability of the Government and the
objectives of the New Society, endanger the public
order, or cause damage to the interest or credit of
the State
o The penalty is prision correccional or 6 months and 1
day to 6 years imprisonment
o If the offender is a government official or employee,
the accessory penalty of absolute perpetual
disqualification from holding any public office shall
be imposed
Chapter 2: CRIMES AGAINST POPULAR
REPRESENTATION
What are the crimes against popular representation?
1. Acts tending to prevent the meeting of the National
Assembly and similar bodies (Art. 143)
2. Disturbance of proceedings (Art. 144)
3. Violation on parliamentary immunity (Art. 145)
Section 1: Crimes against legislative bodies and similar
bodies
143. The penalty of prision correctional or a fine ranging
from 200 to 2000 pesos, or both, shall be imposed upon
any person who, by force or fraud, prevents the
meeting of the National Assembly (Congress of the
Philippines) or of any of its committee or sub-
committees, constitutional commissions or committees
Page 14 of 75
or divisions thereof, or of any provincial board or city or
municipal council or board.
 Elements:
1. That there be a projected or actual meeting of the
National Assembly or any of its committees or sub-
committees, constitutional commissions or
committees or divisions thereof, or of any provincial
board or city or municipal council or board.
2. That the offender who may be any person prevents
such meeting by force or fraud
 Chief of police and mayor who prevented the meeting
of the municipal council are liable under Art. 143,
when the defect of the meeting is not manifest and
requires an investigation before its existence can be
determined
144. The penalty of arresto mayor or a fine from 200 to
1000 pesos shall be imposed upon any person who
disturbs the meetings of the National Assembly
(Congress of the Philippines) or of any of its committees
or sub-committees, constitutional commissions or
committees or divisions thereof, or of any provincial
board or city or municipal council or board, or in the
presence of any such bodies should behave in such
manner as to interrupt its proceedings or to impair the
respect due it.
 Elements:
1. That there be a meeting of the National Assembly
or any of its committees or sub-committees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or city
or municipal council or board.
2. That the offender does any of the following acts:
a. He disturbs any of such meetings
b. He behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it
 The complaint for disturbance of proceedings may be
commenced upon the written complaint of a member
of the Municipal Board where the proceedings of
which were disturbed or interrupted although such
member was not authorized by the rules or a
resolution of the Board
 The implied power to punish for contempt of the
National Assembly is coercive in nature. The power to
punish crimes is punitive in character. Thus, the same
act could be made the basis for contempt proceedings
and for criminal prosecution
Section 2: Violation of parliamentary immunity
145. The penalty of prision mayor shall be imposed
upon any person who shall use force, intimidation,
threats or fraud to prevent any member of the National
Assembly (Congress of the Philippines) from attending
the meetings of the Assembly (Congress) or of any of its
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
committees or sub-committees, constitutional
commissions or committees or divisions thereof, from
expressing his opinions or casting his vote; and the
penalty of prision correccional shall be imposed upon
any public officer or employee who shall, while the
Assembly (Congress) is in regular or special session,
arrest or search any member thereof, except in case
such member has committed a crime punishable under
this Code by a penalty higher than prision mayor.
 Acts punishable:
1. By using force, intimidation, threats, or frauds to
prevent any member of the National assembly from
a. Attending the meetings of the Assembly or of any
of its committees or sub-committees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or
city or municipal council or board. or sub-
committees, constitutional commissions or
committees or divisions thereof, or from
b. Expressing his opinions, or
c. Casting his vote
o Elements:
1) The offender uses force, intimidation, threats
or fraud
2) That the purpose of the offender is to prevent
any member of the National Assembly
from—
a. Attending the meetings of the National
Assembly or any of its committees or
constitutional commissions, etc.; or
b. Expressing his opinions; or
c. Casting his vote
2. By arresting or searching any member thereof while
the National Assembly is in regular or special
session, except in case such member has committed
a crime punishable under the Code by a penalty
higher than prision mayor.
o Elements:
1) The offender is a public officer or employee
2) He arrests or searches any member of the
National Assembly
3) That the Assembly, at the time of arrest or
search, is in regular or special session
4) That the member arrested or searched has not
committed a crime punishable under the Code
by a penalty higher than prision mayor
 ―to prevent any member xxx from attending‖—not
necessary that a member of the Assembly is actually
prevented. It is sufficient that the offender has the
purpose to prevent a member of the National
Assembly from exercising any of his such prerogatives
 Parliamentary immunity—guarantees the legislator
complete freedom of expression without fear of being
made responsible in criminal or civil actions before the
courts or any other forum outside of the
Congressional Hall. But it does not protect him from
responsibility before the legislative body itself
Page 15 of 75
 whenever his words and conduct are considered by the
latter disorderly or unbecoming of a member thereof
 Sec. 11 Art. 6 of the Constitution: ―A Senator or
Member of the House of Representatives shall, in all
offense punishable by not more than 6 years
imprisonment, be privileged from arrest while the
Congress is in session. No member shall be
questioned nor be held liable in any other place for
any speech or debate in the Congress or in any
committee thereof‖
 To be consistent with the 1987 Constitution, the
phrase ―by a penalty higher than prision mayor‖ in Art.
145 should be amended to read: ―by the penalty of
prision mayor or highr‖
Chapter 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS
146. The penalty of prision correccional in its maximum
period to prision mayor in its medium period shall be
imposed upon the organizers or leaders of any meeting
attended by armed persons for the purpose of
committing any of the crimes punishable under this
Code, or of any meeting in which the audience is incited
to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in
authority or his agents. Persons merely present at such
meeting shall suffer the penalty of arresto mayor,
unless they are armed, in which case the penalty shall
be prision correccional.
If any person present at the meeting carries an
unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned, is
to commit acts punishable under this Code, and he shall
be considered a leader or organizer of the meeting
within the purview of the preceding paragraph.
As used in this article, the word “meeting” shall be
understood to include a gathering or group, whether in
a fixed place or moving.
 Illegal Assemblies:
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the Code.
a. That there is a meeting, a 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. 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 or his agents
a. That there is a meeting, a gathering or group of
persons, whether in a fixed place or moving
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
b. That the audience, whether armed or not, is
incited to the commission of the crime of treason,
rebellion, or insurrection, sedition or direct assault
 The persons present at the meeting must be armed to
constitute the first form of illegal assembly but not all
the persons present at the meeting must be armed
o Those unarmed persons present at the meeting is
still liable where the penalty of arresto mayor is
imposed
 ―any meeting in which the audience is incited to the
commission of the crime of‖—the audience is actually
incited to the commission of the crimes
 If in a meeting, the audience is incited to the
commission of rebellion or sedition, the crimes
committed are
1. Illegal assembly as regards:
a. The organizers or leaders; and
b. Persons merely present; and
2. Inciting to rebellion or sedition insofar as the one
inciting them is concerned
 Persons liable for illegal assembly:
1. The organizers or leaders of the meeting
2. Persons merely present at the meeting—they must
have a common intent to commit the felony of
illegal assembly; the absence of such intent may
exempt the person present from criminal liability
 Responsibility of persons merely present at the
meeting:
1. If they are not armed, the penalty is arresto mayor
2. If they carry arms, like bolos or knives, or licensed
firearms, the penalty is prision correccional
 If any person present at the meeting carries an
unlicensed firearm:
1. It is presumed that the purpose of the meeting
insofar as he is concerned, is to commit acts
punishable under the Code; and
2. He is considered a leader or organizer of the
meeting
147. The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 1000
pesos shall be imposed upon the founders, directors,
and president of associations totally or partially
organized for the purpose of committing any of the
crimes punishable under this Code or for some purpose
contrary to public morals. Mere members of said
associations shall suffer the penalty of arresto mayor.
 Illegal associations:
1. Associations totally or partially organized for the
purpose of committing any of the crimes punishable
under the Code
2. Associations totally or partially organized for some
purpose contrary to public morals.
 Persons liable for illegal association:
1. Founders, directors and president of the association
2. Mere members of the association
Page 16 of 75
 Illegal Assembly Illegal Association Chapter 4: ASSAULT UPON, AND RESISTANCE AND
Necessary that there is an Not necessary that there be DISOBEDIENCE TO, PERSONS IN AUTHORITY AND
actual meeting or assembly an actual meeting THEIR AGENTS
of armed persons
Crimes punished:
It is the meeting and It is the act of forming or
1. Direct Assaults (Art. 148)
attendance at such meeting organizing and membership
2. Indirect Assaults (Art. 149)
that are punished in the association that are
3. Disobedience to the National Assembly (Art. 150)
punished
4. Resistance and Disobedience (Art. 151)
The persons liable are: The persons liable are:
5. Persons in Authority and Agents of Persons in
1. The organizers or 1. The founders, directors
Authority (Art. 152)
leaders of the meeting and president; and
2. The persons present at 2. The members
the meeting 148. Any person or persons who, without a public
uprising, shall employ force or intimidation for the
 There is currently no law which punishes subversion
attainment of any of the purposes enumerated in
 Acts punished under the Anti-Subversion Act:
1. Knowingly, willfully and by overt acts defining the crimes of rebellion and sedition, or shall
a. Affiliating oneself with attack, employ force, or seriously intimidate or resist
b. Becoming, or any person in authority or any of his agents, while
c. Remaining a member of the Communist Party of engaged in the performance of official duties, or on
the Philippines and/or its successors or of any occasion of such performance, shall suffer the penalty
subversive association as define in Sec. 2 of this of prision correccional in its medium and maximum
Act periods and a fine not exceeding 1000 pesos, when the
2. Conspiring with any other person to overthrow the assault is committed with a weapon or when the
Government of the Republic of the Philippines or offender is a public officer or employee, or when the
the government of any of its political subdivisions offender lays hands upon a person in authority. If none
by force, violence, deceit, subversion or other illegal of these circumstances be present, the penalty of
means, for the purpose of placing such government
prision correccional in its minimum period and a fine
or political subdivision under the control and
domination of any alien power; and not exceeding 500 pesos shall be imposed.
3. Taking up arms against the Government, the  Additional penalty for attacking ambassadors or
offender being a member of the Communist Party ministers:
or of any subversive association as defined in Sec. 2 o Any person who assaults, strikes, wounds or in any
of this Act other manner offers violence to the person of an
 Subversive associations and organizations—any ambassador or a public minister, in violation of the
association, organization, political party, or group of law of nations, shall be imprisoned not more than 3
persons organized for the purpose of overthrowing years and fined not exceeding 200 pesos, in the
the Government of the Republic of the Philippines or discretion of the court, in addition to the penalties
for the purpose of removing from the allegiance to that may be imposed under the RPC.
said government or its laws, the territory of the Direct Assault Ordinary Assault
Philippines or any part thereof, with the open or Crime against public order Crime against persons
covert assistance or support of a foreign power by under Arts. 236 to 266
force, violence, deceit or other illegal means Triable by the CFI (now
Subversion Rebellion the RTC)
Punishes affiliation or Committed by rising  2 ways of committing the crime of direct assaults:
membership in a subversive publicly and taking up arms 1. Without public uprising, by employing force or
organization against the Government for intimidation for the attainment of any of the
any purposes defined in purposes enumerated in defining the crimes of
Art. 134 of the RPC rebellion and sedition
Mere membership in a There must be a public 2. Without public uprising, by attacking, by employing
subversive association is uprising and taking of arms force, or by seriously intimidating or seriously
sufficient, and the taking up against the Government resisting any person in authority or any of his agents,
arms is but a circumstance while engaged in the performance of official duties,
which raises the penalty to or on the occasion of such performance
be imposed upon the  Elements of the 1st form of direct assault:
offender 1. The offender employs force or intimidation

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 17 of 75

 2. The aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects in the crime of sedition
3. That there is no public uprising
 Under the 1st form, the offended party may be a
private individual or person belonging to a social class
and preventing by force the holding of a popular
election, without public uprising, is direct assault
 Elements of the 2nd form of direct assault:
1. The offender (a) makes an attack, (b) employs force,
(c) makes a serious intimidation, or (d) makes a
serious resistance
2. The person assaulted in a person in authority or his
agent
3. That at the time of the assault, the person in
authority or his agent
a. Is engaged in the actual performance of official
duties, or that he is assaulted
b. By reason of the past performance of official
duties
4. The offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties
5. That there is no public uprising
 "attack‖—includes any offensive or antagonistic
movement or action of any kind
 ―employ force‖—the force employed must be a
serious character as to indicate determination to defy
the law and its representative at all hazards (this is if
the offended party is only an agent of a person in
authority)
o The force employed need not be serious when the
offended party is a person in authority
o The penalty is even higher when ―the offender lays
hands upon a person in authority‖
 ―seriously‖—describes the words ―intimidate‖ and
―resist‖
 The law, with regard to intimidation or resistance as
other constitutive element of assault, expressly require
that the be serious
 Resistance:
1. Passive—when the one who is placed under arrest
throws himself on the ground and the resistance
makes it necessary to raise him up or drag him along
to jail
2. Active—resistance needed in direct assault because
of the need of its gravity
 When the constitutive element of direct assault is
intimidation, it must be serious whether the offended
party is an agent only or he is a person in authority
 The intimidation must produce its effect immediately,
for if the threats be of some future evil, the act would
not be an assault
 Person in authority—any person directly vested with
jurisdiction, whether as an individual or as a member
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
of some court or governmental corporation, board or
commission
o A barangay captain and a barangay chairman
o Division superintendent of schools
o President of Sanitary Division
o Teachers, professors, and persons charged with the
supervision of public or duly recognized private
schools, colleges and universities
 The spirit and purpose behind Comm. Act. 578 is
to give teachers protection, dignity and respect
while in the performance of their official duties
 ―directly vested with jurisdiction‖—meant ―the power
or authority to govern and execute the laws‖ where
such powers and duties vested in him by law should be
determined
 An agent of a person in authority—one who, by direct
supervision of law or by election or by appointment by
competent authority, is charged with the maintenance
of public order and the protection and security of life
and property; where their functions must be clearly
shown in the information
o Barrio councilman, barrio policemen, and barangay
leader
o Any person who comes to the aid of persons in
authority
o Policemen
o Municipal treasurer—an deputy ex oficio of the
provincial treasurer
o Postmaster—an agent of the Director of Posts
o Rural policemen—duly appointed by the Mayor
o Sheriff
o Agents of the Bureau of Internal Revenue
o Malacanang confidential agent
o Barangay Chief Tanod
 Not in the performance of official duties:
a. A person in authority or his agent who exceeds his
power or acts without authority
b. When the agent of authority makes unnecessary use
of force or violence to make him respected, he goes
beyond the limits of his powers and from that
moment, he acts as a private person
c. When the offender and the offended party, who are
both persons in authority or their agents, descend to
matters which are private in nature
 An assault upon a person in authority may be
committed by another person in authority as Art. 148
makes it an aggravating circumstance when the
offender is a ―public officer or employee‖
 The knowledge of the accused that the victim is a
person in authority or his agent is essential because the
accused must have the intention to offend, injure, or
assault the offended party as such
o The information must allege such knowledge
o Defendant must have the intention to defy the
authorities
 ―on occasion of such performance‖—impelling
motive of the attack is the performance of official duty
Page 18 of 75
 o Hence, it is not necessary that the person in
authority who was assaulted was actually performing
official duties
o If the motives that induced the guilty parties to
commit the assaults are the acts performed by such
person in authority or by his agents, whether such
acts immediately preceded the assault or took place
some time prior thereto, the crime is committed on
the occasion of the performance of public official
duties and, consequently, the characteristic elements
of assault exist
 The evidence of motive is important in direct assault
when the person in authority or his agent who is
attacked or seriously intimidated is not in the actual
performance of his official duty
o But when a person in authority or his agent is in the
actual performance of his official duty, the motive of
the offender is immaterial
 2 kinds of direct assault of the 2nd form:
1. Simple assault
2. Qualified assault
a. When the assault is committed with a weapon
b. When the offender is a public officer or employee
c. When the offender lays hands upon a person in
authority
 ―weapons‖—includes not only firearms and sharp or
cutting instruments but also stones, clubs, and any
other object with which some physical injury may be
inflicted
 The crime of slight physical injuries is absorbed in
direct assault
149. The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 500 pesos
shall be imposed upon any person who shall make use
of force or intimidation upon any person coming to the
aid of the authorities or their agents on occasion of the
commission of any of the crimes defined in the next
preceding article
 Elements:
1. That a person in authority or his agent is the victim
of any of the forms of direct assault defined in Art.
148
2. That a person comes to the aid of such authority or
his agent
3. That the offender makes use of force or
intimidation upon such person coming to the aid of
the authority or his agent
 Indirect assault can be committed only when direct
assault is also committed
 A private person who comes to the rescue of an
authority or his agent enjoys the privileges of the
latter, and any person who uses force or intimidation
upon such person under the circumstances is guilty of
indirect assault
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
150. The penalty of arresto mayor or a fine ranging from
200 to 1000 pesos, or both such fine and imprisonment,
shall be imposed upon any person who, having been
duly summoned to attend as a witness before the
National Assembly, its special or standing committees
and subcommittees, the Constitutional Commission and
its committees, subcommittees, or divisions, or before
any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal
excuse to obey such summons, or being present before
any such legislative or constitutional body or official,
refuses to be sworn or placed under affirmation or 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. The same penalty shall be imposed upon any
person who shall restrain another from attending as a
witness, or who shall induce disobedience to a
summons or refusal to be sworn by any such body or
official.
 Acts punished as disobedience to the National
Assembly or its committee or Constitutional
commission
1. By refusing, without legal excuse, to obey summons
of the National Assembly, its special or standing
committees and subcommittees, the Constitutional
commissions and its committees, subcommittees or
divisions, or by any commission or committee
chairman or member authorized to summon
witnesses
2. By refusing to be sworn or placed under affirmation
while being before such legislative or constitutional
body or official
3. By 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
4. By restraining another from attending as a witness in
such legislative or constitutional body
5. By inducing disobedience to a summons or refusal
to be sworn by any such body or official
 Any of the acts punished by Art. 150 may also
constitute contempt of the National Assembly
 The power of inquiry—with proves to enforce it—is
an essential and appropriate auxiliary to the legislative
functions
151. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any person
who not being included in the provisions of the
preceding articles shall resist or seriously disobey any
person in authority, or the agents of such person, while
engaged in the performance of official duties.
Page 19 of 75
When the disobedience to an agent of a person in Direct Assault Resistance or Serious
authority is not of a serious nature, the penalty of Disobedience
arresto menor or a fine ranging from 10 to 10 pesos The person in authority or The person in authority or
shall be imposed upon the offender. his agent must be engaged his agent must be in actual
 Elements of resistance and serious disobedience: (par. in the performance of performance of his duties
1) official duties or that he is
1. That a person in authority or his agent is engaged in assaulted by reason thereof
the performance of official duty or gives a lawful (2nd form) is committed in Committed only by
order to the offender 4 ways: resisting or seriously
2. The offender resists or seriously disobeys such 1. By attacking disobeying a person in
person in authority or his agent 2. By employing force authority or his agent
3. The act of the offender is not included in the 3. By seriously
provisions of Arts. 148, 149 and 150 intimidating
4. By seriously resisting a
 ―crime of resistance and disobedience‖—consists in a
person in authority or
failure to comply with orders directly issued by the
his agent
authorities in the exercise of their official duties
There is force employed, but the use of force in resistance
 The person in authority or the agent of such person is not so serious, as there is no manifest intention to defy
must be in the actual performance of his official duties the law and the officers enforcing it; but when the one
 The disobedience contemplated consists in the failure resisted is a person in authority, the use of any kind or
or refusal to obey a direct order degree of force will give rise to direct assault
 The accused must have knowledge that the person
arresting him is a peace officer 152. In applying the provisions of the preceding and
 Elements of simple disobedience: (par. 2) other articles of this Code, any person directly vested
1. That an agent of a person in authority is engaged in with jurisdiction, whether as an individual or as a
the performance of official duty or gives a lawful member of some court or government corporation,
order to the offender
board, or commission, shall be deemed a person in
2. That the offender disobeys such agent of a person in
authority authority. A barangay captain and a barangay chairman
3. Such disobedience is not of a serious nature shall also be deemed a person in authority.
 In simple disobedience, the offended party must be Any person who, by direct provision of law or by
only an agent of a person in authority election or by appointment by competent authority, is
 The order must be lawful; otherwise, the resistance is charged with the maintenance of public order and the
justified protection and security of life and property, such as a
 The disobedience should not be of a serious nature barrio councilman, barrio policeman and barangay
because if it is, the offender should be punished under leader, and any person who comes to the aid of persons
par. 1 of Art. 151 and not of simple disobedience in authority, shall be deemed an agent of a person in
 When the attack or employment of force is not authority.
deliberate, the crime is only resistance or disobedience
because the offender has no intent to ignore, disregard In applying the provisions of Arts. 148 and 151 of this
or defy the authority or his agents Code, teachers, professors, and persons charged with
 RA 3600—Picketing is a legitimate means of the supervision of public or duly recognized private
economic coercion if it is confined to persuasion, if it schools, colleges and universities, and lawyers in the
is free from molestation or threat or physical injury or actual performance of their professional duties or on
annoyance and if there exists some lawful justification the occasion of such performance shall be deemed
for its existence. persons in authority.
o Picketing may be considered a nuisance if it  ―directly vested with jurisdiction‖—the power and
constitutes an obstruction to the free use of authority to govern and execute the laws
property so as substantially to interfere with the  Persons in authority:
comfortable enjoyment of life or property, or if it a. Municipal mayor
constitutes an unlawful obstruction to the free b. Division superintendent of schools
passage or use, in the customary manner, of a street c. Public and private school teachers
d. Teacher-nurse
e. President of Sanitary Division
f. Provincial fiscal
g. Justice of the Peace
h. Municipal Councilor
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 20 of 75
 i. Barrio captain and barangay chairman
 To be an agent of a person in authority, one must be
charged with
1. The maintenance of public order; and
2. The protection and security of life and property
Chapter 5: PUBLIC DISORDERS
Crimes classified under public disorders:
1. Tumults and other disturbances of public order (Art.
153)
2. Unlawful use of means of publication and unlawful
utterances (Art. 154)
3. Alarms and scandals (Art. 155)
4. Delivering prisoners from jail (Art. 156)
153. The penalty of arresto mayor in its medium period
to prision correccional in its minimum period and a fine
not exceeding 1000 pesos shall be imposed upon any
person who shall cause any serious disturbance in a
public place, office or establishment, or shall interrupt
or disturb public performances, functions or gatherings,
or peaceful meetings, if the act is not included in the
provisions of Art. 131 and 132.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or interruption of
a tumultuous character.
The disturbance or interruption shall be deemed to be
tumultuous if caused by more than 3 persons who are
armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon any
person who in any meeting, association, or public place,
shall make any outcry tending to incite rebellion or
sedition or in such place shall display placards or
emblems which provoke a disturbance of the public
order.
The penalty of arresto menor and a fine not to exceed
200 pesos shall be imposed upon those persons who in
violation of the provisions contained in the last clause of
Art. 85, shall bury with pomp the body of a person who
has been legally executed.
 What are tumults and other disturbances of public
order?
1. Causing any serious disturbance in a public place,
office or establishment
2. Interrupting or disturbing performances, functions
or gatherings or peaceful meetings, if the act is not
included in Arts. 131 and 132
3. Making any outcry tending to incite rebellion or
sedition in any meeting, association or public order
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
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Serious disturbance must be planned or intended
 If the act of disturbing or interrupting a meeting or
religious worship is committed by a private individual,
or even by a public officer but he is a participant
therein, Art. 153 is applicable
 ―outcry‖—means to shout subversive or provocative
words tending to stir up the people to obtain by means
of force or violence any of the objects of rebellion or
sedition
 For an outcry or the displaying of emblems or placards
to constitute inciting to commit rebellion or sedition,
it is necessary that the offender should have done the
act with the idea aforethought of inducing his hearers
or readers to commit the crime of rebellion or sedition
o If the outcry is more or less unconscious outburst
which, although rebellious or seditious in nature, is
not intentionally calculated to induce others to
commit rebellion or sedition, it is only public
disorder
 The penalty next higher in degree shall be imposed
upon persons causing any disturbance or interruption
of a tumultuous character
 One who fired a submachine gun to cause disturbance,
but inflicted serious physical injuries on another, may
be prosecuted for 2 crimes
154. The penalty of arresto mayor and a fine ranging
from 200 to 1000 pesos shall be imposed upon:
1. Any person who by means of printing,
lithography, or any other means of publication
shall publish or cause to be published as news any
false news which may endanger the public order,
or cause damage to the interest or credit of the
State
2. Any person who by the same means, or by words,
utterances or speeches, shall encourage
disobedience to the law or to the constituted
authorities to praise, justify, or extol any act
punished by law
3. Any person who shall maliciously publish or cause
to be published any official resolution or
document without proper authority, or before
they have been published officially
4. Any person who shall print, publish, or distribute
or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which
do not bear the real printer’s name, or which are
classified as anonymous
 It is not necessary that the publication of the false
news actually caused public disorder or caused damage
to the interest or credit of the State
o The mere possibility of causing such danger or
damage is sufficient
 The offender must know that the news is false
Page 21 of 75
 ―which may endanger the public order‖—if there is no
possibility of danger to the public order or causing
damage to the interest or credit of the State by the
publication of the false news, Art. 154 is not applicable
 RA 248 prohibits the reprinting, reproduction or
republication of government publications and official
documents without previous authority
155. The penalty of arresto menor or a fine not
exceeding 200 pesos shall be imposed upon:
1. Any person who within any town or public place,
shall discharge any firearm, rocket, firecracker, or
other explosive calculated to cause alarm or
danger
2. Any person who shall instigate or take an active
part in any charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility
3. Any person who, while wandering about at night
or while engaged in any other nocturnal
amusements, shall disturb the public peace
4. Any person who, while intoxicated or otherwise,
shall cause any disturbance or scandal in public
places, provided that the circumstances of the
case shall not make the provisions of Art. 153
applicable
 ―shall discharge any firearm‖—the discharge of the
firearm should not be aimed at a person; otherwise,
the offense would fall under Art. 254, punishing
discharge of firearm
 ―calculated to cause alarm or danger‖—it is the result,
not the intent, that counts. The act must produce
alarm or danger as a consequence
 Art. 155 does not make any distinction as to the
particular place in the town or public place where the
discharge of firearm, rocket, etc. is effected
 Charivari—includes a medley of discordant voices, a
mock serenade of discordant noises made on kettles,
tins, horns, etc., designed to annoy and insult
o If the disturbance is of a serious nature, the case will
fall under Art. 153
156. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
shall be imposed upon any person who shall remove
from any jail or penal establishment any person
confined therein or shall help the escape of such
person, by means of violence, intimidation or bribery. If
other means are used, the penalty of arresto mayor
shall be imposed.
If the escape of the prisoner shall take place outside of
said establishments by taking the guards by surprise,
the same penalties shall be imposed in their minimum
period.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Elements:
1. There is a person confined in a jail or penal
establishment
2. The offender removes therefrom such person, or
helps the escape of such person
 This article applies even if the prisoner is in the
hospital or asylum because it is considered as an
extension of the penal institution
 The offense under this article is usually committed by
an outsider but it may also apply to a prisoner who
helps another to escape or to an employee of the penal
establishment provided that he does not have the
custody or charge of such person
o However, if the offender is a public officer who had
the prisoner in his custody or charge, he is liable for
infidelity in the custody of a prisoner (Art. 223)
 The use of violence, intimidation or bribery is not an
element and is imposed by a penalty higher
 The employment of deceit is not an essential or
integral element of the crime of delivery of prisoners
from jail such that when the same is not alleged in the
information and duly proved in evidence, the accused
cannot be convicted of said crime
 Is the person, who substituted for a prisoner by taking
his place in jail, liable under Art. 156? Yes, because this
is removal by ―other means‖, that is, deceit
 But if the crime committed by the prisoner for which
he is confined or serving sentence is treason, murder,
or parricide, the act of taking the place of the prisoner
in the prison is that of an accessory and he may be
held liable as such, because he assists in the escape of
the principal
 If the prisoner removed or whose escape is made
possible by the commission of the crime of delivering
prisoner from jail is a detention prisoner, such
prisoner is not criminally liable
o A prisoner who is criminally liable for leaving the
penal institution only when there is evasion of the
service of his sentence, which can be committed
only by a convict by final judgment
Chapter 6: EVASION OF SERVICE OF SENTENCE
3 kinds of evasion of the service of the sentence:
1. Evasion of service of sentence by escaping during the
term of his sentence (Art. 157)
2. Evasion of service of sentence on the occasion of
disorders (Art. 158)
3. Other cases of evasion of service of sentence, by
violating the conditions of conditional pardon (Art.
159)
157. The penalty of prision correccional in its medium
and maximum periods shall be imposed upon any
convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason
of final judgment. However, if such evasion or escape
Page 22 of 75
shall have taken place by means of unlawful entry, by
breaking doors, windows, gates, walls, roofs, or floors,
or by using picklocks, false keys, disguise, deceit,
violence or intimidation, or through connivance with
other convicts or employees of the penal institution, the
penalty shall be prision correccional in its maximum
period.
 Elements:
1. The offender is a convict by final judgment
2. That he is serving his sentence which consists in
deprivation of liberty
3. That he evades the service of his sentence by
escaping during the term of his sentence
 The crime of evasion of service of sentence can be
committed only by a convict by final judgment
o Hence, if the convict escapes within 15 days from
the promulgation or notice of the judgment, without
commencing to serve the sentence or without
expressly waiving in writing his right to appeal, he is
not liable under this
 Detention prisoners and minor delinquents who
escape from confinement are not liable for evasion of
service of sentence.
o Detention prisoners are not convicts by final
judgment
o Minor delinquents confined in the reformatory
institution are not convicts, because the sentence is
suspended
 ―imprisonment‖—―by escaping during the term of his
sentence which consists in deprivation of liberty‖
o Hence, it also applies to sentence of destierro
 ―escape‖—to ―flee from; to avoid; to get out of the
way, as to flee to avoid arrest‖
 Circumstances qualifying the offense: (if such evasion
or escape takes place—)
1. By means of unlawful entry (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
 ―unlawful entry‖—qualified if committed by climbing
or scaling the wall
158. A convict, who shall evade the service of his
sentence, by leaving the penal institution where he shall
have been confined, on the occasion of disorder
resulting from a conflagration, earthquake, explosion,
or similar catastrophe, or during a mutiny in which he
has not participated, shall suffer an increase of 1/5 of
the time still remaining to be served under the original
sentence, which in no case shall exceed 6 months, if he
shall fail to give himself up to the authorities within 48
hours following the issuance of a proclamation by the
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
Chief Executive announcing the passing away of such
calamity.
Convicts who, under the circumstances mentioned in
the preceding paragraph, shall give themselves up to
the authorities within the above mentioned period of
48 hours, shall be entitled to the deduction provided in
Art. 98.
 Elements:
1. The offender is a convict by final judgment, who is
confined in a penal institution
2. That there is disorder, resulting from—
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe, or
e. Mutiny in which he has not participated
3. That the offender evades the service of his sentence
by leaving the penal institution where he is confined,
on the occasion of such disorder or during the
mutiny
4. That the offender fails to give himself up to the
authorities within 48 hours following the issuance of
a proclamation by the Chief Executive announcing
the passing away of such calamity
 The offender must be a convict by final judgment
 The prisoner who did not escape from his place of
confinement during the war is not entitled to a special
allowance of 1/5 deduction of the period of his
sentence (original sentence); this is why it is needed
that the convict must leave the penal institution
 What is punished is not the leaving of the penal
institution, but the failure of the convict to give
himself up to the authorities in the specified time
 The penalty—increase of 1/5 of the time still
remaining to be served under the original sentence,
not to exceed 6 months
 The award—deduction of 1/5 of the period of his
sentence (original sentence)
 Mutiny—implies an organized unlawful resistance to a
superior officer; a sedition; a revolt
159. The penalty of prision correccionail in its minimum
period shall be imposed upon the convict, who, having
been granted conditional pardon by the Chief Executive,
shall violate any of the conditions of such pardon.
However, if the penalty remitted by the granting of such
pardon be higher than 6 years, the convict shall then
suffer the unexpired portion of his original sentence.
 Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant
reprieves, commutations, and pardon and remit fines
and forfeitures, after conviction by final judgment. He
shall also have the power to grant amnesty with the
concurrence of a majority of all members of Congress.
Page 23 of 75
 Conditional pardon—a contract between the
President, who grants the pardon, and the convict,
who accepts it.
o The pardoned convict is bound to fulfill its
conditions and accept all the consequences, not as
he chooses, but according to its strict form
 Elements of the offense of violation of conditional
pardon:
1. The offender was a convict
2. He was granted a conditional pardon by the
President
3. He violated any of the conditions of such pardon
 2 penalties provided for in this article:
1. Prision correccional in its minimum period—if the
penalty remitted does not exceed 6 years
2. The unexpired portion of his original sentence—if
the penalty remitted is higher than 6 years
 The violation of conditional pardon is a distinct crime.
The violation of conditional pardon is committed in
the place where the subsequent offense is perpetrated,
because by committing the subsequent offense, he
thereby violates the condition that ―he shall not again
be found guilty of any crime punishable by the laws of
the Philippines‖
 Violation of conditional pardon is not a substantive
offense, because the penalty imposed for such
violation is the unexpired portion of the punishment
in the original sentence
o Dissenting: it is a substantive offense because the
penalty therefor is no longer necessarily the remitted
portion of the sentence, for when the unexpired
portion is less than 6 years, the convict who violates
the conditions of the pardon shall suffer the penalty
of prision correccional in its minimum period
 Condition of the pardon extends to special laws
 The parolee or convict who is regarded as having
violated the provisions thereof must be charged,
prosecuted and convicted by final judgment before he
can be made to suffer the penalty described in Art. 159
 Since destierro has a duration of 6 months and 1 day to
6 years, under no circumstances may the penalty for
violation of the conditional pardon be destierro
 The President has the specific power to authorize the
arrest and reincarceration of any convict person
granted pardon or parole who, in his judgment, shall
fail to comply with the condition or conditions of his
pardon or parole
 The time during which the convict was out of prison
cannot be deducted from the unexecuted portion of
his sentence
 The duration of the conditions subsequent, annexed to
a pardon, would be limited to the remaining period of
the prisoner’s sentence, unless an intention to extend
it beyond that time was manifest from the nature of
the condition or the language in which it was imposed
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
Violation of Evasion of the service
conditional pardon of the sentence
Does not cause harm or An attempt at least to
injury to the right of evade the penalty
other person nor does it inflicted by the courts
disturb the public order upon criminals
Merely an infringement Defeat the purpose of
of the terms stipulated in the law of either
the contract between the reforming or punishing
President and the them for having
criminal disturbed the public
order
Chapter 7: COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE
160. Besides the provisions of Rule 5 of Art. 63, any
person who shall commit a felony after having been
convicted by final judgment, before beginning to serve
such sentence, or while serving the same, shall be
punished by the maximum period of the penalty
prescribed by law for the new felony.
Any convict of the class referred to in this article, who is
not a habitual criminal, shall be pardoned at the age of
70 years if he shall have already served out his original
sentence, or when he shall complete it after reaching
said age, unless by reason of his conduct or other
circumstances he shall not be worthy of such clemency.
 Quasi-recidivism—a special aggravating circumstance
where a person, after having been convicted by final
judgment, shall commit a new felony before beginning
to serve such sentence, or while serving the same. He
shall be punished by the maximum period of the
penalty prescribed by law for the new felony
 Elements:
1. The offender was already convicted by final
judgment of one offense
2. The he committed a new felony before beginning to
serve such sentence or while serving the same
 Ordinary recidivist (Art. 14 par. 9)—If the offender
committed a new felony after serving the sentence for
the first offense, and both offenses are embraced in
the same title of the Code
 The second crime must be a felony; hence, punishable
under RPC
o But the first crime for which the offender is serving
sentence need not be a felony
 The new offense need not be of different character
from that of the former offense
 Quasi-recidivism does not require that the 2 offenses
are embraced in the same title of the Code
 Reiteracion—requires that the offender against whom
it is considered shall have served out his sentences for
the prior offense
Page 24 of 75
 The special aggravating circumstance of quasi-
recidivism cannot be offset by any ordinary mitigating
circumstance, because Art. 160 specifically provides
that the offender ―shall be punished by the maximum
period of the penalty prescribed by law for the new
felony‖
o But if the convict serving the sentence is a minor
under 16 years old, the penalty can be lowered by at
least one degree since Minority is a privileged
mitigating circumstance
 When the convict is a habitual criminal, a quasi-
recidivist may not be pardoned even if he has reached
the age of 70 years and already served out his original
sentence
Title Four: Crimes against Public Interest
Chapter 1: Forgeries
What are the crimes called forgeries?
1. Forging the seal of the Government, signature or
stamp of the Chief Executive (Art. 161)
2. Counterfeiting coins (Art. 163)
3. Mutilation of coins (Art. 164)
4. Forging treasury or bank notes or other documents
payable to bearer (Art. 166)
5. Counterfeiting instruments not payable to bearer (Art.
167)
6. Falsification of legislative documents (Art. 170)
7. Falsification by public officer, employee or notary or
ecclesiastical minister (Art. 171)
8. Falsification by private individuals (Art. 172)
9. Falsification of wireless, cable, telegraph, and
telephone messages (Art. 173)
10. Falsification of medical certificates, certificates of
merit or service (Art. 174)
Section 1: Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief
Executive
Acts punishable:
1. Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of
the Chief Executive
2. Using forged signature or counterfeit seal or stamp
161. The penalty of reclusion temporal shall be imposed
upon any person who shall forge the Great Seal of the
Government of the Philippine Islands or the signature or
stamp of the Chief Executive
 Acts punished:
1. Forging the Great Seal of the Government of the
Philippines
2. Forging the signature of the President
3. Forging the stamp of the President
 Great Seal—circular in form, with arms consisting of
paleways of 2 pieces, azure and gules; a chief argent
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
studded with 3 golden stars equidistant from each
other; in point of honor, ovoid argent over the sun
rayonnant with 8 minor and lesser rays; in sinister base
gules, the Lion Rampant of Spain; in dexter base
azure, the American Eagle displayed proper; and
surrounding the whole is a double marginal circle
within which are the words ―Republic of the
Philippines‖
 The Great Seal shall be and remain in the custody of
the President of the Phils., and shall be affixed to or
placed upon all commissions signed by him, and upon
such other official documents and papers of the
Republic of the Philippines as may by law be provided,
or as may be required by custom and usage in the
discretion of the President of the Philippines.
 The act punishable is counterfeiting or making an
imitation of the signature of the President; hence, if
the President left with his secretary a signature in
blank, and a document is written above it, the crime
committed is not covered by Art. 161 but by Art. 171
or 172.
162. The penalty of prision mayor shall be imposed
upon any person who shall knowingly make use of the
counterfeit seal or forged or stamp mentioned in the
preceding article.
 Elements:
1. That the Great Seal of the Republic was
counterfeited or the signature or stamp of the Chief
Executive was forged by another person
2. That the offender knew of the counterfeiting or
forgery
3. That he used the counterfeit seal or forged signature
or stamp
 The offender should not be the one who forged the
great seal or signature of the President. Otherwise, he
will be penalized under Art. 161
 The act is that of an accessory but the penalty is only
one degree lower
Section 2: Counterfeiting Coins
Acts punishable:
1. Making and importing and uttering false coins
2. Mutilation of coins—importation and utterance of
mutilated coins
3. Selling of false or mutilated coin, without connivance
163. Any person who makes, imports, or utters false
coins, in connivance with counterfeiters or importers,
shall suffer:
1. Prision mayor in its minimum and medium periods
and a fine not to exceed 10,000pesos, if the
counterfeited coin be silver coin of the Philippines
or coin of the Central Bank of the Philippines of ten-
centavo denomination or above
Page 25 of 75
2. Prision correccional in its minimum and medium
periods and a fine not to exceed 2,000pesos if the
counterfeited coins be any of the minor coinage of
the Philippines or of the Central Bank of the
Philippines below ten-centavo denomination
3. Prision correccional in its minimum period and a
fine not to exceed 1,000pesos, if the counterfeited
coin be currency of a foreign country
 Elements:
1. That there be false or counterfeited coins
2. That the offender either made, imported or uttered
such coins
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
importers
 Coin—a piece of metal stamped with certain marks
and made current at a certain value
 A coin is false or counterfeited—if it is forged or if it
not authorized by the Government as legal tender,
regardless of its intrinsic value
 Counterfeiting—the imitation of a legal or genuine
coin. It may contain more silver than the ordinary coin
o There is counterfeiting when a spurious coin is
made. There must be an imitation of the peculiar
design of a genuine coin
 To import fake coins—to bring them into port.
o The importation is complete before entry at the
Customs House
 To utter—to pass counterfeited coins
o It includes their delivery or the act of giving them
away
o It is uttered when it is paid, when the offender is
caught counting the counterfeited coins preparatory
to the act of delivering them, even though the
utterer may not obtain the gain he intended
 Kinds of coins the counterfeiting of which is
punished:
1. Silver coin of the Philippines or coin of the Central
Bank of the Philippines
2. Coin of the minor coinage of the Philippines or of
the Central Bank of the Philippines
3. Coin of the currency of a foreign country
 Minor coins of the Philippines—coins below ten-
centavo denomination
 Former coins withdrawn from circulation which are
counterfeited are punishable under Art. 163
o The reason for punishing is not alone the harm that
may be caused to the public in case it goes into
circulation again, but the possibility that the
counterfeiter may later apply his trade to the making
of coins in actual circulation
 Pars. 1 & 2 mention ―coin‖ without any qualifying
word such as ―current‖
 As regards par. 3, the use of the word ―currency‖ is
not correct because the Spanish text uses the word
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
―moneda‖ which embraces not only those that are
legal tender, but also those out of circulation
164. The penalty of prision correccional in its minimum
period and a fine not to exceed 2,000pesos shall be
imposed upon any person who shall mutilate coins of
the legal currency of the (US or of the) Philippine Islands
or import or utter mutilated current coins, in
connivance with the mutilator or importer.
 Acts punished:
1. Mutilating coins of the legal currency, with the
further requirement that there be 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
 Mutilation—to take off part of the metal either by
filing it or substituting it for another metal of inferior
quality
o To diminish by ingenuous means the metal in the
coin
o One who mutilates a coin does not do so for the
sake of mutilating, but to take advantage of the
metal abstracted
o One who utters said mutilated coin receives its legal
value, much more than its intrinsic value
 It is indispensable that the mutilated coin be of legal
tender
 The coin must be of the legal currency or current
coins of the Philippines
o If the coin mutilated is legal tender of a foreign
country, it is not a crime of mutilation under the
RPC
165. Any person who knowingly, although without the
connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter the
same, or shall actually utter such coin, shall suffer a
penalty lower by one degree than that prescribed in
said articles.
 Acts punished:
1. Possession of coin, counterfeited or mutilated by
another person, with intent to utter the same,
knowing that it is false or mutilated
o Elements:
a. Possession
b. With intent to utter, and
c. Knowledge
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated
o Elements:
a. Actually uttering, and
b. Knowledge
 This does not require that the coin be of legal tender
 The possession prohibited is possession in general,
that is, not only actual, physical possession, but also
Page 26 of 75
 constructive possession or the subjection of the thing
to one’s control
 If the false or mutilated coins are found in the
possession of the counterfeiters, or mutilators, or
importers, such possession does not constitute a
separate offense, but is identified with the
counterfeiting or mutilation or importation
 The offense punished under this article is the mere
holding of the false or mutilated coin with intent to
utter
Section 4: Falsification of legislative, public,
commercial, and private documents, and wireless
telegraph and telephone messages
 Five classes of falsification:
1. Falsification of legislative documents (Art. 170)
2. Falsification of a document by a public officer,
employee or notary public (Art. 171)
3. Falsification of a public or official, or commercial
document by a private individual (Art. 172, par. 1)
4. Falsification of a private document by any person
5. Falsification of wireless telegraph and telephone
messages
 Forgery (as used in Art. 169)—falsification and
counterfeiting of treasury or bank notes or any
instruments payable to bearer or to order
 Falsification—commission of any of the 8 acts
mentioned in Art. 171 on legislative (only the act of
making alteration), public or official, commercial, or
private documents, or wireless, or telegraph messages
170. Falsification of legislative documents—: The
penalty of prision correccional in its maximum period
and a fine not exceeding 6000 pesos shall be imposed
upon any person who, without proper authority
therefor, alters any bill, resolution, or ordinance
enacted or approved or pending approval by either
House of the Legislature or any provincial board or
municipal council.
 Elements:
1. That there be a bill, resolution or ordinance enacted
or approved or pending approval by either House of
the Legislature or any provincial board or municipal
council
2. That the offender alters the same
3. That he has no proper authority therefor
4. That the alteration has changed the meaning of the
document
 ―Municipal council‖—includes city council or
municipal board
 The bill, resolution or ordinance must be genuine
 The offender is any person
 The act of falsification in legislative document is
limited to altering it which changes its meaning
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 RA 248 prohibits the reprinting, reproduction or
republication of government publications and official
documents without previous authority
171. Falsification by public officer, employee or notary
or ecclesiastical minister—: The penalty of prision
mayor and a fine not to exceed 5000 pesos shall be
imposed upon any public officer, employee, or notary
who, taking advantage of his official position, shall
falsify a document by committing any of the following
acts:
1. Counterfeiting or imitating any handwriting,
signature or rubric
2. Causing it to appear that persons have participated
in any act or proceeding when they did not in fact
so participate
3. Attributing to persons who have participated in an
act or proceeding statements other than those in
fact made by them
4. Making untruthful statements in a narration of
facts
5. Altering true dates
6. Making any alteration or intercalation in a genuine
document which changes its meaning]
7. Issuing in an authenticated form a document
purporting to be a copy of an original document
when no such original exists, or including in such
copy a statement to contrary to, or different from,
that of the genuine original
8. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official
book
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document of
such character that its falsification may affect the civil
status of persons.
 Elements:
1. That the offender is a public officer, employee, or
notary public
2. That he takes advantage of his official position
3. That he falsifies a document by committing any of
the following acts: (enumerated above)
4. In case the offender is an ecclesiastical minister, the
act of falsification is committed with respect to any
record or document of such character that its
falsification may affect the civil status of persons
 FIRST ELEMENT—: Persons liable
o Public officer, employee or notary public or
ecclesiastical minister
 SECOND ELEMENT—: The offender takes
advantage of his official position when
Page 27 of 75
 1. He has the duty to make or to prepare or otherwise
to intervene in the preparation of the document
2. He has the official custody of the document which
he falsifies
o Even if the offender was a public officer but if he
did not take advantage of his official position, he
would be guilty of falsification of a document by a
private person under Art. 172
 THIRD ELEMENT—: The offender falsifies a
document
o Document—any written statement by which a right
is established; a writing or instrument by which a
fact may be proved and affirmed
o The document must be complete or at least it must
have the appearance of a true and genuine
document
o The document must be of apparent legal efficacy
o Thus, if the payroll is merely a draft, because it has
not been approved by the proper authority, it can
prove nothing and affirm nothing
o In falsification by (1) making alteration or
intercalation, or (2) including in a copy a different
statement, there must be a genuine document that is
falsified
o In falsification of a public document, the
falsification need not be made on an official form. It
is sufficient that the document is given the
appearance of, or made to appear similar to, the
official form.
o ―shall falsify a document‖—does not mention
whether it is public, official, private or commercial
document because when the document is executed
with the intervention of a public officer, employee
or notary public, such document must necessarily be
a public or official document
 PAR. NO. 1—: Counterfeiting or imitating (feigning)
any handwriting, signature or rubric
o 2 ways of committing falsification under this
paragraph:
1. Counterfeiting—imitating any handwriting,
signature or rubric
 There is an original signature or handwriting
which is imitated
 An imitation is necessary, but it need not be
perfect
2. Feigning—simulating a signature, handwriting or
rubric out of one which does not in fact exist
 to represent by a false appearance to give
existence to; to imagine
 there is no original signature or handwriting or
rubric, but a forgery of a signature, handwriting
or rubric that does not exist
 making it appear that a person who does not
know how to write has signed the document,
may be considered feigning of signature
o Under this, the mere drawing up of a false
document is not sufficient, the signature,
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
handwriting or mark of another person must be
signed or made by the offender, without authority to
do so
o Requisites of Counterfeiting:
1. That there be an intent to imitate, or an attempt to
imitate, and
 Shown by a comparison of the handwriting or
signature on the document alleged to have been
falsified with the genuine handwriting or
signature supposed to have been counterfeited
 If there is sufficient resemblance, the
presumption of intent arises
2. That the 2 signatures or handwritings, the genuine
and the forged, bear some resemblance to each
other
 The resemblance must be such that it is likely to
deceive an ordinary person receiving or dealing
with the document
o If any of the requisites of counterfeiting is not
present, the accused may be found guilty in par. 2
 PAR. NO. 2—: Causing it to appear that persons have
participated in an act or a proceeding
o Requisites:
1. That the offender caused it to appear in a
document that a person or persons participated in
an act or a proceeding, and
2. That such person or persons did not in fact so
participate in the act or proceeding
o When this is committed by private individual, Art.
172 should be applied
 PAR. NO. 3—: Attributing to persons who have
participated in any act or proceeding statements other
than those in fact made by them
o Requisites:
1. That a person or persons participated in an act or
a proceeding
2. That such person or persons made statements in
that act or proceeding, and
3. That the offender, in making a document,
attributed to such person or persons statements
other than those in fact made by such person or
persons
 PAR. NO. 4—: Making untruthful statements in a
narration of facts
o Requisites:
1. That the offender makes in a document
statements in a narration of facts
2. That he has a legal obligation to disclose the truth
of the facts narrated by him
3. That the facts narrated by the offender are
absolutely false, and
4. That the perversion of truth in the narration of
facts was made with the wrongful intent of
injuring a third person
o There must be narration of facts, and not conclusion
of law
Page 28 of 75
 o ―Legal obligation‖—there is a law requiring the
disclosure of the truth of the facts narrated
o The person making the narration of facts must be
aware of the falsity of the facts narrated by him
o The rule is that if the statements are not altogether
false, there being some colorable truth in such
statements, the crime of falsification is not deemed
to have been committed
o The obligation on the part of the accused to disclose
the truth as to the facts that should appear in a
residence certificate to be issued to him, is inherent
in the very nature and purpose of said document
o The wrongful intent on the part of the accused to
injure a third person is not an essential element of
the crime of falsification of public document
o There is no falsification by one who acted in good
faith
o The fact that one’s consent to the contract was
obtained by means of violence or intimidation does
not make it a false contract in the sense that no
consent had ever been given and the entire
document had been simulated, since the signatures
of the parties are genuine
o There is falsification by omission
 PAR. NO. 5—: Altering true dates
o There is falsification under this only when the date
mentioned in the document is essential, it must
affect wither the veracity of the document or the
effects thereof
o Dates of birth, marriage and death are essential
because without them, the documents ―cannot
produce any legal effect‖
o Altering dates in official receipts to prevent the
discovery of malversation is falsification
 PAR. NO. 6—: Making alteration or intercalation in a
genuine document which changes its meaning
o Requisites:
1. That there be an alteration (change) or
intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration or intercalation has changed
the meaning of the document, and
4. That the change made the document speak
something false
o Alteration—has inherent in it the idea of
deception—of making the instrument speak
something which the parties did not intend it to
speak
o On the composition of a bar candidate, altering the
grades involves the following acts of falsification, (a)
making alterations on a genuine document, (b)
making it appear that the correctors had participated
in blotting out the grades and writing new and
increased grades opposite their initials, and (c)
attributing to the correctors statements other than
those in fact made by them
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 PAR. NO. 7—: Issuing in an authenticated form a
document purporting to be a copy of an original
document when no such original exists, or including in
such copy a statement to contrary to, or different
from, that of the genuine original
o Cannot be committed by
a. private individual
b. notary public or a public officer who does not
take advantage of his official position
o Committed only by a public officer or notary public
who takes advantage of his official position, since
the authentication of a document can be made only
by the custodian or the one who prepared and
retained a copy of the original document
1. Purporting to be a copy of an original when no
such original exists
 that a notary public made a supposed copy of a
deed of sale which was never executed and of
which he had no copy
2. Including in a copy a statement contrary to, or
different from, that of the genuine original
 that a civil registrar stated in a certified copy of a
record of birth that the person mentioned
therein was legitimate when there was no such
statement in the original
o A private person who cooperates with a public
officer in the falsification of a public document is
guilty of this crime and incurs the same liability and
penalty as the public officer
172. Falsification by private individuals and use of
falsified documents—: The penalty of prision
correccional in its medium and maximum periods and a
fine of not more than 5000 pesos shall be imposed
upon:
1. Any private individual who shall commit any of the
falsification enumerated in the next preceding
article in any public or official document or letter
of exchange or any other kind of commercial
document, and
2. Any person who, to the damage of a third party, or
with the intent to cause such damage, shall in any
private document commit any of the acts of
falsification enumerated in the next preceding
article
Any person who shall knowingly introduce in evidence
in any judicial proceeding or to the damage of another
or who, with the intent to cause such damage, shall use
any of the false documents embraced in the next
preceding article or in any of the foregoing subdivisions
of this article, shall be punished by the penalty next
lower in degree.
 Acts punished under Art. 172:
1. Falsification of public, official or commercial
document by a private individual (Par. No. 1)
Page 29 of 75
 2. Falsification of private document by any person
(Par. No. 2)
3. Use of falsified document (Last Par.)
 PAR. NO. 1—:
o Elements:
1. That the offender is a private individual or a
public officer or employee who did not take
advantage of his official position
2. That he committed any of the acts of falsification
enumerated in Art. 171
3. That the falsification was committed in a public or
official or commercial document
o The acts under this are the same as those in Art. 171
except for Par. 7 which cannot be committed by a
private individual
o 4 kinds of document:
1. Public document—a document created, executed
or issued by a public official in response to the
exigencies of the public service, or in the
execution of which a public official intervened
 Any instrument authorized by a notary public or
a competent public official, with the solemnities
required by law
2. Official document—a document which is issued
by a public official in the exercise of the functions
of his office
 This is also a public document
 Examples of official document:
a. A document required by a bureau to be filled
by its officer for purposes of its records
b. A receipt issued by the department of
assessments and collections of the City of
manila for taxes collected
c. A burial permit issued by the Board of Public
Health of the City of Manila
d. Official receipt prescribed by the Government
to be issued upon the receipt of money for
public purposes
e. An official cashbook kept by the disbursing
officer of the Coast Guard and
Transportation Department
f. Cashbook of a public official, in which entries
are made of accounts of public moneys
received
g. An official receipt, for the reason that it was
invested with the character of an official
document by reason of the fact that it was
printed in accordance with the standard forms
required by the Government
h. All pleadings filed with the court
3. Private document—a deed or instrument executed
by a private person without the intervention of a
notary public or other person legally authorized,
by which document some disposition or
agreement is proved, evidenced or set forth
 A theater ticket is a private document, because it
evidences an agreement for the rent of a place in
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
the theater to enable a possessor to witness a
theatrical performance
4. Commercial document—any document defined
and regulated by the Code of Commerce or any
other commercial law
 Documents or instruments used by merchants
or businessman to promote or facilitate trade
 Examples:
a. Letters of exchange, letters of credit, drafts,
trade acceptances, checks, notes or pagares
issued in the course of a business transaction,
quedans, bonds, books of accounts, and in
general, any negotiable instrument
b. Quedans or warehouse receipts
c. Cash files, deposit slips and bank statements
d. Surety account, journal books, ledgers
e. Air way bills. These are in the nature of bills
of lading
 Cash disbursement vouchers are not
commercial documents
o Public and private writings under the Rules of Court
 The following writings are public:
a. The written official acts, or records of the
official acts of the sovereign authority, official
bodies and tribunals, and public officers,
whether of the Philippines, or of a foreign
country
b. Documents acknowledged before a notary
public except last wills and testaments
c. Public records kept in the Philippines, of private
documents required by law to be entered therein
 All other writings are private
o A private document may acquire the character of a
public document when it becomes part of an official
record and is certified by a public officer duly
authorized by law
o if the document is intended by law to be part of the
public or official record, the preparation of which
being in accordance with the rules and regulations
issued by the Government, the falsification is
regarded as falsification of a public or official
document
o In order that a blank form might come within the
purview of the crime of falsification, it is necessary
that the blank spaces be filled and the signature of a
party purported to be authorized to issue it be
written by another in the counterfeited instrument
o Presumption: the possessor of a falsified document
is presumed to be the author of the falsification
o Damage or intent to cause damage to another is not
necessary under this paragraph
o Lack of malice or criminal intent is a defense in
falsification of public document
 PAR. NO. 2—:
o Elements:
Page 30 of 75
 1. That the offender committed any of the acts of
falsification, except those in par. 7, enumerated in
Art. 171
2. That the falsification was committed in any private
document
3. That the falsification caused damage to a third
party or at least the falsification was committed
with the intent to cause such damage
o Mere falsification of private documents is not
enough, there are 2 things required:
1. He must have counterfeited the false document
2. He must have performed an independent act
which operates to the prejudice of a third person
o Damage need not be material
o It is not necessary that the offender profited or
hoped to profit by the falsification, as all the law
requires is an intent to prejudice another person
o Falsification of private document in Rizal and
damage in Manila—the court of Rizal has
jurisdiction to try the case
 Falsification as a necessary means to commit other
crimes
o This forms a complex crime under Art. 48, however,
the document falsified must be public, official or
commercial
o Complex crimes:
a. Estafa through falsification of a public document
b. Theft through falsification of official document
c. Estafa through falsification of commercial
document by reckless imprudence
d. Malverstation through falsification of public
document
e. Falsification through reckless imprudence
o There is no complex crime of estafa through
falsification of a private document
o There is no falsification of private document
through reckless imprudence, since there is at least
intent to cause damage, that is, there must be malice
o Falsification of private document—if a private
document is falsified to obtain from the offended
party the money or other personal property which
the offender later misappropriated
o Estafa with abuse of confidence—if a private
document is falsified to conceal the
misappropriation of the money or other personal
property which has been in the possession of the
offender
 Stages of falsification:
a. Consummated—the moment the genuine document
is altered or the moment the false document is
executed. It is immaterial that the offender did not
achieve his objectives
b. Frustrated—if the falsification is imperfect
 LAST PAR.—:
o Elements:
a. Introducing in a judicial proceeding
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
1. That the offender knew that a document was
falsified by another person
2. That the false document is embraced in Art. 171
or in any subdivisions nos. 1 or 2 of Art. 172
3. That he introduced said document in evidence
in any judicial proceeding
b. Use in any other transaction
1. That the offender knew that a document was
falsified by another person
2. That the false document is embraced in Art. 171
or un any subdivision nos. 1 or 2 of Art. 172
3. That he used such document (not in judicial
proceedings)
4. That the sue of the false document caused
damage to another or at least it was used with
intent to cause such damage
o Damage to another is not indispensable in element
A, but is in element B
o The crime punished under this may be a lesser
offense, but it certainly cannot be deemed
necessarily included in the crime of falsification of a
public document by a public officer or employee or
by a private person
o The user of the falsified document is deemed the
author of the falsification if
a. The use was so closely connected in time with the
falsification, and
b. The user had the capacity of falsifying the
document
173. Falsification of wireless, cable, telegraph, and
telephone messages, and use of said falsified
messages—: The penalty of prision correccional in its
medium and maximum periods shall be imposed upon
any officer or employee of the Government or of any
private corporation or concern engaged in the service of
sending or receiving wireless, cable, telegraph, or
telephone messages who utters a fictitious wireless,
telegraph, or telephone message of any system or
falsifies the same.
Any person who shall use such falsified dispatch to the
prejudice of a third party or with the intent to cause
such prejudice, shall suffer the penalty next lower in
degree.
 Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone
message (Par. 1)
2. Falsifying wireless, telegraph or telephone messages
(Par. 1)
3. Using such falsified message (Par. 2)
 PAR. NO. 1—:
o Elements:
1. That the offender is an officer or employee of the
Government or an officer or employee of a
private corporation, engaged in the service of
Page 31 of 75
 sending or receiving wireless, cable or telephone
message
2. That the offender commits any of the following
acts:
a. Uttering fictitious wireless, cable, telegraph or
telephone message, or
b. Falsifying wireless, cable, telegraph, or
telephone message
 PAR. NO. 2—:
o Elements:
1. That the accused knew that wireless, cable,
telegraph, or telephone message was falsified by
any of the persons specified in par. 1
2. That the accused used such falsified dispatch
3. That the use of the falsified dispatch resulted in
the prejudice of a third party, or that the use
thereof was with intent to cause such prejudice
 Private individual cannot be a principal by direct
participation in falsification of telegraphic dispatches
unless he is an employee of a corporation engaged in
the business of sending or receiving wireless telegraph
or telephone messages
o But he can be held criminally liable as principal by
inducement
 Act. No. 1851, Sec. 4, punishes private individuals
who forge or alter telegram
o Any person who willfully forges or substantially
alters a telegram or who utters a telegram knowing
the same to be forged, or who utters as a telegram
any message or communication which he knows to
be not a telegram, is punished by a fine not
exceeding 100 pesos
Section 5: Falsification of medical certificates,
certificates of merit or service, and the like
174. False medical certificates, false certificates of merit
or services, etc.—: The penalties of arresto mayor in its
maximum period to prision correccional in its minimum
period and a fine not to exceed 1000 pesos shall be
imposed upon:
1. Any physician or surgeon who, in connection with
the practice of his profession, shall issue a false
certificate, and
2. Any public officer who shall issue a false certificate
of merit or service, good conduct, or similar
circumstances
The penalty of arresto mayor shall be imposed upon any
private person who shall falsify a certificate falling
within the classes mentioned in the 2 preceding
subdivisions.
 Certificate—any writing by which testimony is given
that a fact has or has not taken place
 Persons liable:
a. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
o It must refer to the illness or injury of a person
o The crime is False Medical Certificate by a
physician
b. Public officer who issued a false certificate of merit
or service, good conduct or similar circumstances
o The crime is False Certificate of Merit or Service
by a public officer
c. Private individual who falsified a certificate falling in
the classes mentioned in nos. 1 and 2
o The crime is False Medical Certificate by a private
individual or False Certificate of Merit or Service
by a private individual
 Certificate of large cattle is a public document and its
falsification is covered by Art. 171 or Art. 172,
depending on whether the offender is a public officer
or a private individual
 ―or similar circumstances‖—does not seem to cover
property, because the circumstance contemplated
must be similar to ―merit‖, ―service‖ or ―good
conduct‖
 But certificate of residence for voting purposes is
certificate of ―similar circumstances‖
175. Using false certificates—: The penalty of arresto
menor shall be imposed upon any one who shall
knowingly use any of the false certificates mentioned in
the next preceding article.
 Elements:
1. That a physician or surgeon had issued a false
medical certificate, or a public officer had issued a
false certificate of merit or service, good conduct, or
similar circumstances, or a private person had
falsified any of said certificates
2. That the offender knew that the certificate was false
3. That he used the same
Section 6: Manufacturing, importing, and possession of
instruments or implements intended for the
commission of falsification
176. Manufacturing and possession of instruments or
implements for falsification—: The penalty of prision
correccional in its medium and maximum periods and a
fine not to exceed 10000 pesos shall be imposed upon
any person who shall make or introduce into the
Philippine Islands any stamps, dies, marks, or other
instruments or implements intended to be used in the
commission of the offenses of counterfeiting or
falsification mentioned in the preceding sections of this
chapter.
Any person who, with the intention of using them, shall
have in his possession any of the instruments or
implements mentioned in the preceding paragraph,
shall suffer the penalty next lower in degree than that
provided therein.
Page 32 of 75
 Acts punished:
1. Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or
implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made
in or introduced into the Philippines by another
person
 In order to secure a conviction under Par. 2, it is not
necessary that the implements confiscated form a
complete set for counterfeiting, it being enough that
they may be employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification
 The possession prohibited in Arts. 165 and 176 is
possession in general, that is, not only actual, physical
possession, but also constructive possession or the
subjection of the thing to one’s control
Chapter 2: Other Falsities
Section 1: Usurpation of authority, rank, title, and
improper use of names, uniforms, and insignia
177. Usurpation of authority or official functions—: Any
person who shall knowingly and falsely represent
himself to be an officer, agent, or representative of any
department or agency of the Philippine Government or
of any foreign government, or who, under pretense of
official position, shall perform any act pertaining to any
person in authority or public officer of the Philippine
Government or of any foreign government, or any
agency thereof, without being lawfully entitled to do so,
shall suffer the penalty of prision correccional in its
minimum and medium periods.
 Offenses contemplated under this article:
1. Usurpation of authority (par. 1)
2. Usurpation of official functions (par. 2)
 Ways of committing the crime under this article:
1. By knowingly and falsely representing oneself to be
an officer, agent or representative of any department
or agency of the Philippine Government or any
foreign government
o The mere act of knowingly and falsely
representing oneself to be an officer is sufficient
o It is not necessary that he performs an act
pertaining to a public officer
2. By performing any act pertaining to any person in
authority or public officer of the Philippine
Government or of a foreign government or any
agency thereof, under pretense of official position
and without being lawfully entitled to do so
o It is essential that the offender should have
performed an act pertaining to a person in
authority or public officer, in addition to other
requirements
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
o The act performed, without offender being
lawfully entitled to do, must pertain (1) to the
Government, (2) to any person in authority, or (3)
to any public officer
 The law demands positive, express and explicit
representation on the part of the offender before he
can be convicted of usurpation of authority
 Even in the absence of evidence that the accused
represented himself as a police officer, his acts in
blowing his whistle, stopping buses and ordering
drivers to step down their passenger vehicles and
produce their driver’s licenses, sufficiently establish his
culpability for the crime of usurpation of official
functions under Art. 177 of the RPC
 This article punishes the usurper or one who acts
under false pretenses and not the occupant under
color of title
 Usurper—one who introduces himself into an office
that is vacant, or who, without color of title, ousts the
incumbent and assumes to act as an officer by
exercising some of the functions of the office
 Additional penalty is imposed for usurping the
authority of diplomatic or consular or any other
official of a foreign government under RA 75
 The offender must have the intent to defraud either
government
 RA 10 is applicable only to members of seditious
organization engaged in subversive activities but the
subsequent enactment of RA 379 would constitute an
amendment thereof by restoring the element of
pretense of official position in the offense of
usurpation of official functions
178. Using fictitious name and concealing true name—:
The penalty of arresto mayor and a fine not to exceed
500 pesos shall be imposed upon any person who shall
publicly use a fictitious name for the purpose of
concealing a crime, evading the execution of a
judgment, or causing damage.
Any person who conceals his true name and other
personal circumstances shall be punished by arresto
menor or a fine not to exceed 200 pesos.
 Elements of PAR. NO. 1—: Using fictitious name
1. That the offender uses a name other than his real
name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is—
a. To conceal a crime
b. To evade the execution of a judgment
c. To cause damage to public interest
o Fictitious name—any other name which a person
publicly applies to himself without authority of law
o If the damage, under 3, is to private interest, the
crime will be estafa under Art. 315 (2a)
Page 33 of 75
 o Signing of fictitious name in an application for
passport is publicly using such fictitious name
o For (2), the real convict alone is guilty thereof
 Elements of PAR. NO. 2—: Concealing true name
1. That the offender conceals—
a. His true name, and
b. All other personal circumstances
2. That the purpose is only to conceal his identity
 Com. Act No. 142 regulates the use of aliases, as
amended by RA 6085
Using fictitious name Concealing true name
Element of publicity must Element of publicity is not
be present necessary
There are 3 purposes Purpose is only to conceal
identity
179. Illegal use of uniforms or insignia—: The penalty of
arresto mayor shall be imposed upon any person who
shall publicly and improperly make use of insignia,
uniforms, or dress pertaining to an office not held by
such person or to class of persons of which he is not a
member.
 Elements:
1. That the offender makes use of insignia, uniform or
dress
2. That the insignia, uniform or dress pertains to an
office not held by the offender or to a class of
persons of which he is not a member
3. That said insignia, uniform or dress is used publicly
and improperly
 Wearing the uniform of an imaginary office is not
punishable
 An exact imitation of a uniform or dress is
unnecessary since a colorable resemblance calculated
to deceive the common run of people is sufficient
 A layman who wears publicly the ecclesiastical habit of
a Catholic priest is liable
 RA 75 punishes the unauthorized wearing of any
naval, military, police or other official uniform,
decoration or regalia of a foreign State, or one nearly
resembling the same, with intent to deceive or mislead
 RA 493 punishes any person who uses or wears the
insignia, badge or emblem of rank of members of the
AFP or the Philippine Constabulary, or any colorable
imitation thereof
o This is not applicable to the using and wearing of
such in playhouse or theater or in moving picture
films
 EO 297 prohibits the unauthorized manufacture, sale
and distribution of PNP uniforms, insignias and other
accoutrements
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
Section 2: False Testimony
 False testimony—committed by a person who, being
under oath and required to testify as to the truth of a
certain matter at a hearing before a competent
authority, shall deny the truth or say something
contrary to it
 3 forms of false testimony:
1. False testimony in criminal cases (Arts. 180 and 181)
2. False testimony in civil cases (Art. 182)
3. False testimony in other cases (Art. 183)
 Nature of the crime of false testimony—constitutes an
imposition upon court and seriously exposes it to a
miscarriage of justice
180. False testimony against a defendant—: Any person
who shall give false testimony against the defendant in
any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant
in said case shall have been sentenced to death
2. The penalty of prision mayor, if the defendant shall
have been sentenced to reclusion temporal or
perpetua
3. The penalty of prision correccional, if the
defendant shall have been sentenced to any other
afflictive penalty
4. The penalty of arresto mayor, if the defendant
shall have been sentenced to a correctional
penalty or a fine, or shall have been acquitted
In cases provided in subdivisions 3 and 4 of this article,
the offender shall further suffer a fine not to exceed
1000 pesos.
 Elements:
1. That there be a criminal proceeding
2. That the offender testifies falsely under oath against
the defendant
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
 Defendant must be sentenced at least to (a) a
correctional penalty, (b) a fine, or (c) must be acquitted
 The witness who gave false testimony is liable even if
his testimony was not considered by the court
181. False testimony favorable to the defendant—: Any
person who shall give false testimony in favor of the
defendant in a criminal case, shall suffer the penalties
of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to
exceed 1000 pesos, if the prosecution is for a felony
punishable by an afflictive penalty, and the penalty of
arresto mayor in any other case.
Page 34 of 75
 False testimony favorable to the defendant is equally
repugnant to the orderly administration of justice
 False testimony is punished not because of the effect it
actually produces but because of its tendency to favor
or prejudice the defendant
 It is not necessary that the testimony given by the
witness should directly influence the decision of
acquittal, it being sufficient that it was given with the
intent to favor the accused
 A statement by a witness that he is an expert in
handwriting is a statement of a mere opinion, the
falsity of which is not sufficient
 Conviction or acquittal of defendant in principal case
is not necessary
 The defendant who falsely testified in his own behalf
in a criminal case is guilty of false testimony favorable
to the defendant
o This applies when the defendant voluntarily goes
upon the witness stand and falsely imputes to some
other person the commission of a grave offense
 Rectification made spontaneously after realizing the
mistake is not false testimony
182. False testimony in civil cases—: Any person found
guilty of false testimony in civil case shall suffer the
penalty of prision correccional in its minimum period
and a fine not to exceed 6000 pesos, if the amount in
controversy shall exceed 5000 pesos; and the penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to
exceed 1000 pesos, if the amount in controversy shall
not exceed said amount or cannot be estimated.
 Elements:
1. That the testimony must be given in a civil case
2. That the testimony must relate to the issues
presented in said case
3. That the testimony must be false
4. That the false testimony must be given by the
defendant knowing the same to be false
5. That the testimony must be malicious and given
with an intent to affect the issues presented in said
case
 This does not apply to special proceedings such as
summary settlement of estates of small value
 ―civil actions‖—ordinary suit in a court of justice, by
which one party prosecutes another for the
enforcement or protection of a right, or the
prevention or redress of a wrong
 Falsity of testimony must first be established
o Whether or not the testimonies in the civil cases are
false is prejudicial question
o Hence, pending determination of the falsity of the
testimonies in the civil case, the criminal action for
false testimony must perforce be suspended
 Penalty depends on the amount of controversy:
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
a. Over 5000 pesos
b. Not exceeding 5000 pesos
c. If it cannot be estimated
183. False testimony in other cases and perjury in
solemn affirmation—: The penalty of arresto mayor in
its maximum period to prision correccional in its
minimum period shall be imposed upon any person
who, knowingly making untruthful statements and not
being included in the provisions of the next preceding
articles, shall testify under oath, or make an affidavit,
upon any material matter before a competent person
authorized to administer an oath in cases in which the
law so requires.
Any person who, in case of solemn affirmation made in
lieu of an oath, shall commit any of the falsehoods
mentioned in this and the three preceding articles of
this section, shall suffer the respective penalties
provided therein.
 Ways of committing perjury:
1. By falsely testifying under oath
2. By making a false affidavit
 Elements of perjury:
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 falsehood
4. That the sworn statement or affidavit containing the
falsity is required by law
 Oath—any form of attestation by which a person
signifies that he is bound in conscience to perform an
act faithfully and truthfully
 Affidavit—sworn statement in writing; a declaration in
writing, made upon oath before an authorized
magistrate or officer
 Example:
o B made a testimony under oath in the preliminary
investigation before the Justice of the Peace, a
competent officer authorized to administer oath. B’s
statement constitutes a material matter and is a
deliberate falsehood, because O never borrowed the
manuscript
 A false affidavit to a criminal complaint may give rise
to perjury
 ―material matter‖—it is the main fact which is the
subject of the inquiry or any circumstance which tends
to prove that fact, or any fact or circumstance which
tends to corroborate or strengthen the testimony
relative to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies
o The test of materiality:
Page 35 of 75
  whether a false statement can influence the
tribunal, not whether it does, or could probably
influence the result of the trial
o There must be competent proof of the materiality of
the false testimony
 ―material‖—it is directed to prove a fact in issue
 ―relevant‖—it tends in any reasonable degree to
establish the probability or improbability of a fact in
issue
 ―pertinent‖—it concerns collateral matters which
make more or less probable the proposition at issue
 ―competent person authorized to administer an
oath‖—a person who has a right to inquire into the
questions presented to him upon matters under his
jurisdiction
 ―knowingly making untruthful statements‖—suggests
that the assertion of falsehood must be willful and
deliberate
 Good faith or lack of malice is a defense in perjury
 Examples of cases where affidavits are required by
law:
a. Affidavit attached to the petition for receivership
b. Affidavit attached to complaint for ejectment
c. Affidavit for application for marriage license
 ―requires‖—in the phrase ―in cases in which the law
so requires‖—means ―authorizes‖; hence, the 4th
element is read as ―that the sworn statement
containing the falsity is authorized by law‖
o Hence, even if there is no law, requiring the
statement to be made under oath, as long as it is
made for legal purpose, it is sufficient
 ―not being included in the provisions of the next
preceding articles‖—perjury is a crime other than false
testimony in criminal cases or civil cases
 False testimony during preliminary investigations is
perjury because false testimony in judicial proceedings
contemplates an actual trial where a judgment of
conviction or acquittal is rendered
 2 contradictory sworn statements are not sufficient to
convict of perjury because the prosecution must prove
which one is false
 Subordination of Perjury—committed by a person
who knowingly and willfully procures another to swear
falsely and the witness suborned does testify under
circumstances rendering him guilty of perjury
 The specific provision under the old Penal Code
penalizing subordination of perjury, was omitted in the
RPC
o The crime is now treated as plain perjury
o The one inducing another is a principal by
inducement while the latter is principal by direct
participation
184. Offering false testimony in evidence—: Any person
who shall knowingly offer in evidence a false witness or
testimony in any judicial or official proceeding, shall be
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
punished as guilty of false testimony and shall suffer the
respective penalties provided in this section.
 Elements:
1. Offender offered in evidence a false witness or false
testimony
2. That he knew the witness or the testimony was false
3. That the offer was made in a judicial or official
proceeding
 ―offer of evidence‖—begins the moment a witness is
called to the witness stand and interrogated by counsel
where the witness must have to testify
 The witness having desisted before he could testify on
any material matter is not liable because desistance
during attempted stage of execution is an absolutory
cause which exempts him from criminal liability
 This article applies when the offender does not induce
a witness to testify falsely
 If there is inducement, it is under Arts. 180-183, in
relation to Art. 7 par. 2
Title 8: CRIMES AGAINST PERSONS
Chapter 1: DESTRUCTION OF LIFE
Section 1: Parricide, Murder, Homicide
246. Parricide. Any person who shall kill his father,
mother, or child, whether legitimate or illegitimate, or
any of his ascendants or descendants, or his spouse,
shall be guilty of parricide and shall be punished by the
penalty of reclusion perpetua to death.
 Elements:
1. That a person is killed
2. That the deceased is killed by the accused
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
 Essential Element:—Relationship of the offender with
the victim
 Ascendants and descendants:—exclude parents and
children
 Other ascendant or descendant:—must be legitimate
o Hence, he who kills an illegitimate grandfather or
grandson is not guilty of parricide
o Illegitimate—all children born out of wedlock
a. Adulterine
b. Incestuous, and
c. Sacrilegious children
 If the deceased is either the father, mother or the
child, of the accused, proof of legitimacy is not
required
 Only relatives by blood and in direct line, except
spouse, are considered in parricide
o An adopted father or adopted son, or father-in-law
or son-in-law is not included in this provision for
parricide
Page 36 of 75
 The spouse must be legitimate
o The best proof of the relationship between the
accused and the deceased is the marriage certificate
o Oral evidence presented to prove the fact of
marriage is not objected to, the said evidence may be
considered by the court
o The testimony of the accused that he was married to
the deceased was an admission against his penal
interest
 Marriages among Muslims or among members of the
ethnic cultural communities may be performed validly
without the necessity of a marriage license provided
they are solemnized in accordance with their customs,
rites or practices
 Relationship must be alleged
o However, relationship must be considered
aggravating even if not alleged in the information
 Parricide through reckless imprudence:—is punished
by arresto mayor in its maximum period to prision
correccional in its medium period. If committed through
simple imprudence or negligence, the penalty is arresto
mayor in its medium and maximum periods
 Parricide by mistake:—if a person killed another, not
knowing that the latter was his son, will he be guilty of
parricide? Yes, because the law does not require the
knowledge of relationship between them
 Indemnity in parricide case:—a husband who killed his
wife was ordered to indemnify his wife’s heirs P50,000
o A natural father killed his child, no indemnity was
imposed, considering that the accused, as the father,
is the presumptive heir of the deceased
 Liability of stranger cooperating in parricide:—such
person is not guilty of parricide but only homicide or
murder, as the case may be
247. Death or physical injuries inflicted under
exceptional circumstances. Any legally married person
who, having surprised his spouse in the act of
committing sexual intercourse with another person,
shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any
serious physical injury, shall suffer the penalty of
destierro.
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under 18 years of age, and their seducer,
while the daughters are living with their parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse
shall not be entitled to the benefits of this article.
 Requisites for the application of this article:
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
1. That a legally married person or a parent surprises
his spouse or his daughter, the latter under 18 years
of age and living with him, in the act of committing
sexual intercourse with another person
2. That he or she kills any or both of them or inflicts
upon any or both of them any serious physical injury
in the act or immediately thereafter
3. That he has not promoted or facilitated the
prostitution of his wife or daughter or that he or she
has not consented to the infidelity of the other
spouse
 This article does not define a felony:—the accused
shall be sentenced to destierro, instead of the severe
penalty for parricide, homicide, or serious physical
injuries
o The requisites of Art. 247 must be established by the
evidence of the defense
o Since this does not charge a distinct crime, the
accused charged with killing his wife’s paramour,
cannot enter into a conditional plea of guilty and be
sentenced immediately to destierro
 The accused must be a legally married person
o ―any legally married person‖ and ―spouse‖ include
the wife
 Must the parent be legitimate? This article does not
seem to require it.
 This article applies only when the daughter is single
because while under 18 years old and single, she is
under parental authority.
o If she is married, her husband alone can claim the
benefits of Art. 247
 ―surprise‖—―to come upon suddenly and
unexpectedly‖
o But in Peope v. Gabriel, the accused, peeping through
a hole near the kitchen, saw his wife and her
paramour kissing each other; and when they
commenced the act of sexual intercourse, it was only
then when the accused attacked them. The accused
was not held liable for the injuries suffered by the
paramour
 Surprising the spouse or young daughter in the act of
sexual intercourse:—indispensable requisite
o This article is not applicable when the accused did
not see his spouse in the act of sexual intercourse
with another person
o ―in the act of committing sexual intercourse‖ does
not include merely sleeping on the same bed neither
does it include a situation where the accused
surprised his wife after the act
 ―Sexual intercourse‖ does not include preparatory acts
because majority of the Justices of the SC believed that
there must be actual sexual intercourse.
 The killing or inflicting of serious physical injuries
must be
a. ―in the act of sexual intercourse‖; or
b. ―immediately thereafter‖
Page 37 of 75
 The discover, the escape, the pursuit and the killing
must all form part of one continuous act
o The killing must be the direct by-product of the
accused’s rage
 Justification for Art. 247: The law, when the
circumstances provided by this article are present,
considers the spouse or parent as acting in a justified
burst of passion
 If the physical injuries inflicted are less serious or
slight, there is no criminal liability. It is an absolutory
cause
 Liability for physical injuries suffered by third persons:
Where physical injuries were suffered by third persons
as a result of being caught in the crossfire, the accused
cannot be held liable for injuries sustained by third
persons as a result thereof. Inflicting death under
exceptional circumstances is not murder, hence, there
is no felony.
 The penalty of destierro is not really intended as a
penalty but to remove the killer spouse from the
vicinity and to protect him or her from acts of reprisal
principally by relatives of the deceased spouse.
 Persons who committed parricide not to be punished
with reclusion perpetua to death:
a. When parricide is committed through negligence
b. When it is committed by mistake
c. When it is committed under exceptional
circumstances
248. Murder. Any person who, not falling within the
provisions of Art. 246, shall kill another, shall be guilty
of murder and shall be punished by reclusion perpetua
to death if committed with any of the following
attendant circumstances:
1. With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity
2. In consideration of a price, reward, or promise
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by
means of motor vehicles, or with the use of any
other means involving great waste and ruin
4. On occasion of any of the calamities enumerated
in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic, or other public calamity
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
 Elements of Murder:
1. That a person was killed
2. That the accused killed him
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art. 246
4. The killing is not parricide or infanticide
 ―shall kill another‖—in murder, the victim must be
killed to consummate the crime. If the victim is not
killed, it is either attempted or frustrated murder
 Killing a person by means of fire is murder, only when
there is actual design to kill on the part of the
offender.
o This ruling is applicable to all the other
circumstances enumerated in par. 3 of Art. 248
except in case of treachery
o Killing a person with treachery is murder even if
there is no intent to kill
 Rules for the application of the circumstances which
qualify the killing to murder:
a. That murder will exist with only one of the
circumstances described in Art. 248
o When more than one of said circumstances are
present, the others must be considered as generic
aggravating
b. That when the other circumstances are absorbed or
included in one qualifying circumstance, they cannot
be considered as generic aggravating
o i.e. the qualifying circumstances of murder is either
treachery, abuse of superior strength, or with aid
of armed men, if treachery is chosen to qualify the
crime, the others are not generic aggravating
circumstances, because they are included in the
qualifying circumstance of treachery
c. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in the
information
o If not, it is only a generic aggravating circumstance
 Treachery:—whenever present and alleged in the
information, qualifies the killing of the victim and
raises it to the category of murder
o The means, methods or forms of attack must be
consciously adopted by the offender
o Exists in killing of a child of tender years even when
the manner of the attack was not shown
 With the aid or armed men:—when the accused had
companions who were armed when he committed the
crime
o The armed men must take part in the commission of
the crime directly or indirectly and the accused must
avail himself of their aid or rely upon them when the
crime is committed
 Treachery and evident premeditation are inherent in
murder by means of poison, as such, they cannot be
considered as aggravating
o It becomes inherent only when the offender has the
intent to kill the victim and he uses poison as a
means to kill him
 With evident premeditation:—present when the
prosecution proves
Page 38 of 75
 a. The time when the offender determined to kill his
victim
b. An act of the offender manifestly indicating that he
clung to his determination to kill his victim
c. A sufficient lapse of time (at least 3 hours) between
the determination and the execution of the killing
 With cruelty:—present when other injuries or wounds
are inflicted deliberately by the offender, which are not
necessary for the killing of the victim
o The victim must be alive when the other injuries or
wounds are inflicted
 Outraging or scoffing at the person or corpse of the
vicitm:—
o ―Outraging‖—to commit an extremely vicious or
deeply insulting act
o ―scoffing‖—to jeer, and implies a showing of
irreverence
249. Homicide. Any person who, not falling within the
provisions of Art. 246, shall kill another, without the
attendance of any of the circumstances enumerated in
the next preceding article, shall be deemed guilty of
homicide and be punished by reclusion temporal.
 Elements of Homicide:
1. That a person was killed
2. That the accused killed him without any justifying
circumstance
3. That the accused had the intention to kill, which is
presumed
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide
 Intent to kill is conclusively presumed when death
resulted:—because the penal law looks particularly to
the material results following the unlawful act and
holds the aggressor responsible for all the
consequences thereof
 Evidence of intent to kill is important only in
attempted or frustrated homicide
o Intent to kill is usually shown by the (a) kind of
weapon used by the offender and the (b) parts of the
victim’s body at which the weapon was aimed, as
shown by the wounds inflicted
o This must be proved beyond reasonable doubt
 There is no offense of frustrated homicide through
negligence
o The element of intent to kill in frustrated homicide
is incompatible with negligence or imprudence.
o Intent in felonies by means of dolo is replaced with
lack of foresight or skill in felonies by culpa
 Where the wounds that caused death were inflicted by
two different persons, even if they were not in
conspiracy, each one of them is guilty of homicide
 The use of unlicensed firearm is an aggravating
circumstance in homicide
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Accidental homicide:—death of a person brought
about by a lawful act performed with proper care and
skill, and without homicidal intent
o But if the rules have been violated, and death
resulted, the crime would be homicide through
negligence
 Corpus delict—the actual commission of the crime
charged
o A crime was actually perpetrated, and does not refer
to the body of the murdered person
o There must be satisfactory evidence of (a) the fact of
death and (b) the identity of the victim
250. Penalty for frustrated parricide, murder, or
homicide. The courts, in view of the facts of the case,
may impose upon the person guilty of the frustrated
crime or parricide, murder, or homicide, defined and
penalized in the preceding articles, a penalty lower by
one degree than that which should be imposed under
the provisions of Art. 50.
The courts, considering the facts of the case, may
likewise reduce by one degree the penalty which under
Art. 51 should be imposed for an attempt to commit
any of such crimes.
 Courts may impose a penalty 2 degrees lower for
frustrated parricide, murder or homicide
 Courts may impose a penalty 2 degrees lower for
attempted parricide, murder or homicide
 Any person who shall attempt on, or conspire against,
the life of the President of the Republic of the
Philippines, that of any member of his family, or
against the life of any member of his cabinet or that of
any member of the latter’s family, shall suffer the
penalty of death
251. Death cause in a tumultuous affray. When, while
several persons, not composing groups organized for
the common purpose of assaulting and attacking each
other reciprocally, quarrel and assault each other in a
confused and tumultuous manner, and in the course of
the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the
person or persons who inflicted serious physical injuries
can be identified, such person or persons shall be
punished by prision mayor.
If it cannot be determined who inflicted the serious
physical injuries on the deceased, the penalty of prision
correccional in its medium and maximum periods shall
be imposed upon all those who shall have used violence
upon the person of the victim.
 Elements:
1. That there be several persons
Page 39 of 75
 2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally
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
5. That it cannot be ascertained who actually killed the
deceased
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified
 ―Several‖—more than 2 but not very many
 ―Tumultuous‖—the disturbance is caused by more
than 3 persons who are armed or are provided with
means of violence
 There is no crime of death in a tumultuous affray if
the quarrel is between 2 well-known groups
 The person killed in the course of the affray need not
be one of the participants in the affray
 If the one who inflicted the fatal wound is known, it is
homicide in the case of the one who inflicted the fatal
wound
 Persons liable for death in a tumultuous affray:
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
252. Physical injuries inflicted in a tumultuous affray.
When in a tumultuous affray as referred to in the
preceding article, only serious physical injuries are
inflicted upon the participants thereof and the person
responsible therefor cannot be identified, all those who
appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in
degree than that provided for the physical injuries so
inflicted.
When the physical injuries inflicted are of a less serious
nature and the person responsible therefor cannot be
identified, all those who appear to have used any
violence upon the person of the offended party shall be
punished by arresto mayor from 5 to 15 days.
 Elements:
1. That there is tumultuous affray as referred to in the
preceding article
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
4. That all those who appear to have used violence
upon the person of the offended party are known
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 The injured party in the crime under this article must
be one or some of the participants in the affray
 Note that only those who used violence are punished,
because if the one who caused the physical injuries is
known, he will be liable for the physical injuries
actually committed, and not under this article
 There is no clear provision for slight physical injuries
in a tumultuous affray
o The 2nd par. mentions physical injuries of a less
serious nature intended to exclude slight physical
injuries
253. Giving assistance to suicide. Any person who shall
assist another to commit suicide shall suffer the penalty
of prision mayor, if such person lends his assistance to
another to the extent of doing the killing himself, he
shall suffer the penalty of reclusion temporal. However,
if the suicide is not consummated, the penalty of
arresto mayor in its medium and maximum periods
shall be imposed.
 Acts punishable:
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
 ―if the suicide is not consummated‖—has reference to
the first way of giving assistance to suicide and the
penalty will be arresto mayor in its medium and
maximum periods
o If it is the second way of giving assistance to suicide,
penalty of one or two degrees lower than that
provided for consummated suicide shall be imposed,
depending upon whether it is frustrated or it is
attempted suicide
 Art. 253 does not distinguish and does not make any
reference to the relation of the offender with the
person committing suicide
 A person who attempts to commit suicide is not
criminally liable because society has considered such
person as an unfortunate being, a wretched person
more deserving of pity rather than of penalty
 In order to incur criminal liability for the result not
intended, one must be committing a felony
o An attempt to commit a suicide is an act, but it is
not punishable by law
o Hence, an abortion that resulted from an attempted
suicide is unintentional, as abortion was not
intended by the mother, and unintentional abortion
is punishable only when it is caused by violence, not
by poison
 Euthanasia—commonly known as mercy killing—is
the practice of painlessly putting to death a person
suffering from some incurable disease
o This is not lending assistance to suicide
o The person killed does not want to die
Page 40 of 75
 o A doctor who resorts to mercy-killing of his patient
may be liable for murder
254. Discharge of firearms. Any person who shall shoot
at another with any firearm shall suffer the penalty of
prision correccional in its minimum and medium
periods, unless the facts of the case are such that the
act can be held to constitute frustrated or attempted
parricide, murder, homicide, or any other crime for
which a higher penalty is prescribed by any of the
articles of this Code.
 Elements:
1. That the offender discharges a firearm against or at
another person
2. That the offender has no intention to kill that
person
 ―shall shoot at another‖—this is done without intent
to kill
o If the firearm is not discharged at a person, there is
no crime of discharge of firearm
o The purpose is only to intimidate or to frighten the
offended party
 Discharge towards the house of victim is not illegal
discharge of firearm
o It is essential to prove in a positive way that the
discharge of the firearm was directed precisely
against the offended party
 Firing a gun against the house of the offended party at
random, not knowing in what part of the house the
people inside were, is only alarm under Art. 155
 Intent to kill is negative by distance of 200 yards
between offender and victim
 Complex crime of illegal discharge of firearm with
serious or less serious physical injuries
o But no complex crime if only slight physical injury is
inflicted
 The crime is discharge of firearm, even if the gun was
not pointed at the offended party when it fired, as long
as it was initially aimed by the accused at or against the
offended party
Section 2: Infanticide and Abortion
255. Infanticide. The penalty provided for parricide in
Art. 246 and for murder in Art. 248 shall be imposed
upon any person who shall kill any child less than 3 days
of age.
If the crime penalized in this article be committed by
the mother of the child for the purpose of concealing
her dishonor, she shall suffer the penalty of prision
mayor in its medium and maximum periods, and if said
crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty
shall be reclusion temporal.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Infanticide—the killing of any child less than 3 days of
age, whether the killer is the parent or grandparent,
any other relative of the child, or a stranger
 Elements of infanticide:
1. That a child was killed
2. That the deceased child was less than 3 days (72
hours) of age
3. That the accused killed the said child
 If the father or the mother or legitimate grandparent
commits infanticide, the penalty is that of parricide
 If the offender is not so related to the child, the
penalty of murder shall be imposed
 Concealing dishonor is not an element of parricide but
merely mitigates the liability of the mother or maternal
grandparents who committed the crime
 Persons who can use the mitigating circumstance of
concealing the dishonor:
a. Mother
b. Maternal grandparents
 Delinquent mother who claims concealing dishonor
must be of good reputation and good morals, in order
to avail the mitigating circumstance
o If she is a prostitute, she is not entitled to a lesser
penalty because she has no honor to conceal
 A stranger cooperating with the mother in killing a
child less than 3 days old is guilty of parricide, but the
penalty is that for murder
 No crime of infanticide where the child was born
dead, or although alive, it could not sustain an
independent life when it was killed
o The child must be born alive and fully developed,
that is, it can sustain an independent life
o A foetus about 6 months old cannot sustain by
itself, outside of maternal womb
256. Intentional abortion. Any person who shall
intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use
any violence upon the person of the pregnant
woman
2. The penalty of prision mayor, if, without using
violence, he shall act without the consent of the
woman
3. The penalty of prision correccional in its medium
and maximum periods, if the woman shall have
consented
 Abortion—the willful killing of the foetus in the
uterus, or the violent expulsion of the feotus from the
maternal womb which results in the death of the
foetus
 If abortion is intended and the foetus does not die, it
is frustrated intentional abortion when all the acts of
execution have been performed by the offender
Page 41 of 75
 If abortion is not intended and the foetus does not die,
in spite of violence intentionally exerted, the crime
may be only physical injuries
 Regardless if the foetus is full term, as long as it dies as
a result of violence used or the drugs administered, the
crime of abortion exists
 Ways of committing intentional abortion:
1. By using any violence upon the person of the
pregnant woman
2. By acting, but without using violence, without the
consent of the woman (By administering drugs or
beverages upon such pregnant woman without her
consent)
3. By acting (by administering drugs or beverages) with
the consent of the pregnant woman
 Elements of intentional abortion:
1. That there is a pregnant woman
2. That violence is exerted, or drugs or beverages
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 foetus dies, either in the womb or after having
been expelled therefrom
4. That the abortion is intended
 The crime is infanticide if:
a. Foetus could sustain an independent life after its
separation from the maternal womb
b. Foetus is killed
257. Unintentional abortion. The penalty of prision
correccional in its minimum and medium periods shall
be imposed upon any person who shall cause an
abortion by violence, but unintentionally.
 Elements of unintentional 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
4. That as a result of the violence the foetus dies, either
in the womb or after having been expelled
therefrom
 Unintentional abortion is committed only by violence
 ―violence‖—there is actual physical force
 For the crime of abortion, even unintentional, to be
held committed, the accused must have known of the
pregnancy
 There is a complex crime of homicide or parricide
with unintentional abortion and complex crime of
parricide with abortion
258. Abortion practiced by the woman herself or by her
parents. The penalty of prision correccional in its
medium and maximum periods shall be imposed upon a
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
woman who shall practice an abortion upon herself or
shall consent that any other person should do so.
Any woman who shall commit this offense to conceal
her dishonor shall suffer the penalty of prision
correccional in its minimum and medium periods.
If this crime be committed by the parents of the
pregnant woman or either of them, and they act with
the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer the
penalty of prision correccional in its medium and
maximum periods.
 Elements:
1. That there is pregnant woman who has suffered an
abortion
2. That the abortion is intended
3. That the abortion is caused by—
a. The pregnant woman herself
b. Any other person, with her consent
c. Any of her parents, with her consent for the
purpose of concealing her dishonor
 Art. 258 covers 3 cases:
1. Abortion committed by the woman upon herself or
by any other person with her consent
2. Abortion by the woman upon herself to conceal her
dishonor
3. Abortion by any of the parents of the woman with
the latter’s consent to conceal her dishonor
 Only the woman or any of her parents is liable under
Art. 258, if the purpose of the latter is to conceal her
dishonor
o Any other persons will be liable under Art. 256
 There is no mitigation for the parents of the pregnant
woman even if the purpose is to conceal dishonor
unlike in infanticide
259. Abortion practiced by a physician or midwife and
dispensing of abortives. The penalties provided in Art.
256 shall be imposed in their maximum period,
respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall
cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription
from a physician, shall dispense any abortive shall suffer
arresto mayor and a fine not exceeding 1000 pesos.
 Elements:
1. That there is a pregnant woman who has suffered an
abortion
2. That the abortion is intended
3. That the offender, who must be a physician or
midwife, causes, or assists in causing, the abortion
4. That said physician or midwife takes advantage of
his or her scientific knowledge or skill
 Reason for the maximum penalty imposed upon
physician or midwife
Page 42 of 75
 o They incur heavier guilt in making use of their
knowledge for the destruction of human life where
it should be used only for its preservation
 As to pharmacists, the elements are:
1. That the offender is a pharmacist
2. That there is no proper prescription from a
physician
3. That the offender dispenses any abortive
 As to the pharmacist, it is not necessary that the
abortive be actually used
o The act constituting the offense is dispensing
abortive without proper prescription from a
physician
o If the pharmacist knew that the abortive would be
used to cause an abortion and abortion resulted
from the use thereof, the pharmacist would be an
accomplice in the crime of abortion
 RA 4729:
o ―Contraceptive drug‖ is any medicine, drug,
chemical or portion which is used exclusively for the
purpose of preventing fertilization of the female
ovum
o ―Contraceptive device‖ is any instrument, device,
material or agent introduced into the female
reproductive system for the primary purpose of
preventing conception
Section 3: Duel
260. Responsibility of participants in a duel. The penalty
of reclusion temporal shall be imposed upon any person
who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only, he
shall suffer the penalty provided therefor, according to
their nature.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical injuries
have been inflicted.
The seconds shall in all events be punished as
accomplices.
 Duel—a formal or regular combat previously
concerted between the 2 parties in the presence of 2 or
more seconds of lawful age on each side, who make
the selection of arms and fix all the other conditions
of the fight
 Acts punished in duel:
1. By killing one’s adversary in a duel
2. By inflicting upon such adversary physical injuries
3. By making a combat although no physical injuries
have been inflicted
 Persons liable 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. The seconds, as accomplices
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 If death results, penalty is the same as that for
homicide.
 When the agreement is to fight to death, there is intent
to kill on the part of the combatants. However, the
Code disregards the intent to kill in considering the
penalty for duel when only physical injuries are
inflicted upon the adversary.
 If only slight physical injuries are inflicted, the penalty
of arresto menor shall be imposed
261. Challenging to a duel. The penalty of prision
correccional in its minimum period shall be imposed
upon any person who shall challenge another, or incite
another to give or accept a challenge to a duel, or shall
scoff at or decry another publicly for having refused to
accept a challenge to fight a duel.
 Acts punished:
1. By challenging another to a duel
2. By inciting another to give or accept a challenge to a
duel
3. By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a duel
 A challenge to fight, without contemplating a duel, is
not challenging to a duel
 Persons liable:
1. Challenger
2. Instigators
Chapter 2: PHYSICAL INJURIES
Crimes of Physical Injuries:
1. Mutilation (Art. 262)
2. Serious physical injuries (Art. 263)
3. Administering injurious substance or beverages (Art.
264)
4. Less serious physical injuries (Art. 265)
5. Slight physical injuries (Art. 266)
262. Mutilation. The penalty of reclusion temporal to
reclusion perpetua shall be imposed upon any person
who shall intentionally mutilate another by depriving
him, either totally or partially, of some essential organ
for reproduction.
Any other intentional mutilation shall be punished by
prision mayor in its medium and maximum periods.
 ―mutilation‖—the lopping or the clipping off of some
part of the body
 The putting out of an eye does not fall under this
definition
 2 kinds of mutilation:
1. By intentionally mutilating another by depriving
him, either totally or partially, 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
Page 43 of 75
 offended party, other than the essential organ for
reproduction, to deprive him of that part of his
body
 Elements of mutilation of first kind:
1. That there be a castration, that is, mutilation of
organs necessary for generation, such as the penis or
ovarium
2. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended party of
some essential organ for reproduction
 ―castration‖—amputation of whatever organ necessary
for generation
 ―any other intentional mutilation‖—―mayhem‖—if
the mutilation involves a part of the body, other than
an organ for reproduction, with a deliberate purpose
of depriving him of that part of his body
 The penalty of reclusion perpetua shall be imposed under
par. 2 if the victim is under 12 years of age
 If the mutilation is not caused purposely and
deliberately, the case will be considered as physical
injuries falling under par. 1 or 2 of Art. 263
263. Serious physical injuries. Any person who shall
wound, beat, or assault another, shall be guilty of the
crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor if in consequence of
the physical injuries inflicted, the injured person
shall become insane, imbecile, impotent, or blind
2. The penalty of prision correccional in its medium
and maximum periods if in consequence of the
physical injuries inflicted, the person injured shall
have lost the use of speech or the power to hear
or to smell, or shall have lost an eye, a hand, a
foot, an arm, or a leg, or shall have lost the use of
any such member, or shall have become
incapacitated for the work in which he was
theretofore habitually engaged
3. The penalty of prision correccional in its minimum
and medium periods if in consequence of the
physical injuries inflicted, the person injured shall
have become deformed, or shall have lost any
other part of his body, or shall have lost the use
thereof, or shall have been ill or incapacitated for
the performance of the work in which he was
habitually engaged for a period of more than 90
days
4. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the physical injuries inflicted shall have
caused the illness or incapacity for labor of the
injured person for more than 30 days.
If the offense shall have been committed against any of
the persons enumerated in Art. 246, or with attendance
of any of the circumstances mentioned in Art. 248, the
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
case covered by subdivision number 1 of this Article
shall be punished by reclusion temporal in its medium
and maximum periods; the case covered by subdivision
number 2 by prision correccional in its maximum period
to prision mayor in its minimum period; the case
covered by subdivision number 3 by prision correccional
in its medium and maximum periods; and the case
covered by subdivision number 4 by prision correccional
in its minimum and medium periods.
The provisions of the preceding paragraph shall not be
applicable to a parent who shall inflict physical injuries
upon his child by excessive chastisement.
 How is the crime of serious physical injuries
committed?
1. By wounding
2. By beating
3. By assaulting (Art. 263)
4. By administering injurious substance (Art. 264)
 A person may be guilty of lesions by reckless
imprudence, or by simple imprudence or negligence
under Art. 365 in relation to Art. 263, when due to
lack of precaution he wounded another
 What are 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, in consequence of the
physical injuries inflicted,
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 theretofore habitually engaged
3. When the person injured, in consequence of the
physical injuries inflicted,
a. becomes deformed, or
b. loses any other part 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 a period of more than 90 days
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
 Classes of serious physical injuries:
1. The consequences of the injuries inflicted
2. The nature and character of the wound inflicted
3. The proper penalty
 There must be no intent to kill
Page 44 of 75
 Physical injuries Attempted or frustrated
homicide
Offender inflicts physical injuries
Attempted homicide may be
committed even if no physical
injuries are inflicted
The offender has no The offender has an intent to kill
intent to kill
 PARAGRAPH 1:
o Impotence—inability to copulate and sterility
o Penalty of reclusion perpetua shall be imposed when
the victim is under 12 years of age
o Blindness must be of 2 eyes
 The blindness must be complete
 Mere weakness of vision is not contemplated
 PARAGRAPH 2:
o It must be loss of power to hear of both ears
o Presupposes that the loss of the use of the hand or
the incapacity for usual work is permanent
 Prosecution must prove by clear and conclusive
evidence that the offended party actually cannot
make use of his hand and that such impairment is
permanent
o All those body parts mentioned in par. 2 are
principal members
 PARAGRAPH 3:
o ―any other part of his body‖—―any other
member‖—any member other than an eye, a hand, a
foot, an arm, or a leg
o If it is alleged in the information and proved that the
loss of the use of the 3 fingers also resulted in the
loss of the use of the hand itself, it is serious
physical injuries under par. 2
o Deformity requires that it be:
a. Physical ugliness
b. Permanent and definite abnormality, and
c. Conspicuous and visible
o If the scar is usually covered by the dress or clothes,
it would not be conspicuous and visible
o The injury contemplated by the Code is an injury
that cannot be repaired by the action of nature
 In case of loss of teeth, a child or an old man is an
exception to this rule
o A front tooth is a member of the body
o If there is loss of power to hear of both ears as a
result of the loss of both outer ears, the crime
should be punished under par. 2
o Deformities:
1. The loss of 3 incisors is a visible deformity, while
the loss of one incisor does not constitute
deformity according to the SC of Spain
 But it later cases, loss of one toot which
impaired appearance is deformity
2. Loss of both outer ears
3. Loss of the lobule of the ear
4. Loss of index and middle fingers
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
oLoss of power to hear of right ear only is loss of use
of other part of body
o There is illness for a certain period of time, when
the wound inflicted did not heal within that period
o Medical attendance is not important in serious
physical injuries
o In pars. 2 and 3, the offended party must have an
avocation or work at the time of the injury
 ―work‖—includes studies or preparation for a
profession
 PARAGRAPH 4:
o The incapacity contemplated here is for any kind of
labor
o Hospitalization for more than 30 days may mean
either illness or incapacity for labor for more than
30 days
o When the category of the offense of serious
physical injuries depends on the period of illness or
incapacity for labor, there must be evidence of the
length of that period otherwise, the offense is only
slight physical injuries
o There is no incapacity if the injured party could still
engage in his work although less effectively than
before
 Qualified serious physical injuries:
a. If the offense is committed against any of the
persons enumerated in the article defining the crime
of parricide
b. If the offense is attended by any of the
circumstances mentioned in the article defining the
crime of murder
264. Administering injurious substances or beverages.
The penalties established by the next preceding article
shall be applicable in the respective case to any person
who, without intent to kill, shall inflict upon another any
serious, physical injury, by knowingly administering to
him any injurious substance or beverages or by taking
advantage of his weakness of mind or credulity.
 Elements:
1. That the offender inflicted upon another any serious
physical injury
2. That it was done by knowingly administering to him
any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity
3. That he had no intent to kill
 ―by knowingly administering to him any injurious
substance‖—if the accused did not know of the
injurious nature of the substances he administered, he
is not liable under this article
 ―administering injurious substance‖—introducing into
the body the substance
 Art. 264 does not apply when the physical injuries that
result are less serious or slight
Page 45 of 75
 ―by taking advantage of his weakness of mind or
credulity‖—may take place in the case of witchcraft,
philters, magnetism, etc.
265. Less serious physical injuries. Any person who shall
inflict upon another physical injuries not described in
the preceding articles, but which shall incapacitate the
offended party for labor for ten days or more, or shall
require medical assistance for the same period, shall be
guilty of less serious physical injuries and shall suffer the
penalty of arresto mayor.
Whenever less serious physical injuries shall have been
inflicted with the manifest intent to kill or offend the
injured person, or under circumstances adding
ignominy to the offense in addition to the penalty of
arresto mayor, a fine not exceeding 500 pesos shall be
imposed.
Any less serious physical injuries inflicted upon the
offender's parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority,
shall be punished by prision correccional in its minimum
and medium periods, provided that, in the case of
persons in authority, the deed does not constitute the
crime of assault upon such person.
 Matters to be noted in the crime of less serious
physical injuries:
1. That the offended party is incapacitated for labor for
10 days or more (but not more than 30 days), or
needs medical attendance for the same period of
time
2. That the physical injuries must not be those
described in the preceding articles
 Qualified less serious physical injuries:
1. A fine not exceeding P500, in addition to arresto
mayor, shall be imposed for less serious physical
injuries when—
a. There is a manifest intent to insult or offend the
injured person
b. There are circumstances adding ignominy to the
offense
2. A higher penalty is imposed when the victim is
either—
a. The offender’s parents, ascendants, guardians,
curators or teachers
b. Persons of rank or persons in authority, provided
the crime is not direct assault
 Medical attendance or incapacity is required
 If the wound required medical attendance for only 2
days but the injured party was prevented from
attending to his ordinary labor for period of 29 days,
the physical injuries are denominated less serious
 It is only slight physical injury when there is no
medical attendance or incapacity for labor
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
266. Slight physical injuries and maltreatment. The
crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the
offended party for labor from one to nine days, or
shall require medical attendance during the same
period.
2. By arresto menor or a fine not exceeding 20 pesos
and censure when the offender has caused
physical injuries which do not prevent the
offended party from engaging in his habitual work
nor require medical assistance.
3. By arresto menor in its minimum period or a fine
not exceeding 50 pesos when the offender shall
ill-treat another by deed without causing any
injury.
 Some hours after 9 days do not amount to 10 days
 Examples of physical injuries under par. 2:
o Contusion on the face or black eye produced by
fistic blow
 When there is no evidence of actual injury, length of
time where the offended party is incapacitated for
labor or of the required medical attendance, it is only
slight physical injury
 Example of slight physical injury by ill-treatment:
o Any physical violence which does not produce
injury, such as slapping the face, without causing
dishonor
 Supervening event converting the crime into serious
physical injuries after the filing of the information for
slight physical injuries can still be subject of
amendment or of a new charge without necessarily
placing the accused in double jeopardy
Chapter 3: Rape
266-A. Rape, when and how committed. Rape is
committed—
1. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. Through force, threat or intimidation
b. When the offended party is deprived of reason
or is otherwise unconscious
c. By means of fraudulent machination or grave
abuse of authority
d. When the offended party is under 12 years of
age or is demented, even though none of the
circumstances mentioned above be present
2. By any person who, under any of the
circumstances mentioned in par. 1 hereof, shall
commit an act of sexual assault by inserting his
penis into another person’s mouth or anal orifice,
or any instrument or object, into the genital or
anal orifice of another person
Page 46 of 75
 Elements of rape under par. 1:
1. That the offender is man
2. That the offender had carnal knowledge of a woman
3. That such act is accomplished under any of the
following circumstances:
a. By using force, threat or intimidation
b. When the woman is deprived of reason or is
otherwise unconscious
c. By means of fraudulent machination or grave
abuse of authority
d. When the woman is under 12 years of age or is
demented
 Elements of rape under par. 2:
1. That the offender commits an act sexual assault
2. That the act of sexual assault is committed by any of
the following means:
a. By inserting his penis into another person’s mouth
or anal orifice
b. By inserting any instrument or object into the
genital or anal orifice of another person
3. That the act of sexual assault is accomplished under
any of the following circumstances
a. By using force, threat or intimidation
b. When the woman is deprived of reason or is
otherwise unconscious
c. By means of fraudulent machination or grave
abuse of authority
d. When the woman is under 12 years of age or is
demented
 Who can commit rape? Both male and female.
 PARAGRAPH 1: RAPE BY SEXUAL
INTERCOURSE
o ―rape by sexual intercourse‖—the contact of the
male penis with the woman’s vagina
o There must be sexual intercourse
 Penetration, even partial, is necessary
 Proof of emission is not necessary
o There must be sufficient and convincing proof that
the penis indeed touched the labias or slid into the
female organ, and not merely stroked to the external
surface thereof, for an accused to be convicted of
consummated rape
o ―pudendum or vulva‖—collective term for the
female genital organs that are visible in the perineal
area
 ―mons pubis‖—the rounded eminence that
becomes hairy after puberty, and is instantly
visible within the surface
 ―labia mojora‖—outer lips of the female organ
composed of the outer convex surface and the
inner surface
 Directly beneath labia majora is the labia minora
o Jurisprudence dictates that the labia majora must be
entered for rape to be consummated, and not merely
for the penis to stroke the surface of the female
organ
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
o If there is no sexual intercourse and only acts of
lewdness are performed, the crime may be rape
through sexual assault under par. 2 or acts of
lasciviousness only under Art. 336
 PARAGRAPH 2: RAPE THROUGH SEXUAL
ASSAULT
o A violation of the body orifices by the fingers is
within the expanded definition of rape under RA
8353
o By using force and intimidation:
 Degree of force is necessary to constitute rape
 The force need not be irresistible
 It is enough that the force used is sufficient to
consummate the culprit’s purpose of copulating
with the offended woman
 When the victim stated that she defended herself
against the accused as long as she could, but he
overpowered her and held her till her strength
gave out, and then accomplished his vicious
purpose, there is evidence of sufficient force
 The force or violence necessary in rape is naturally
a relative term, depending on the
a. Age, size and strength of the parties; and
b. Their relation to each other
 Resistance when futile, does not amount to
consent
 Test is whether the force or intimidation produces
a reasonable fear in the mind of the victim that if
she resists or does not yield to the desires of the
accuse, the threat would be carried out
 Intimidation is enough if it produces fear
 This must be viewed in light of the victim’s
perception and judgment at the time of rape and
not by any hard and fast rule
o Moral ascendancy or influence, held to substitute for
the element of physical force or intimidation
 Under this, it is not necessary that the victim put
up a determined resistance
 Rapes committed by:
a. Fathers against their daughters
b. Stepfathers against their stepdaughters
c. A godfather against his goddaughter
d. Uncles against their nieces
e. First cousin of the victim’s mother
 Rape may be proved by the uncorroborated testimony
of the offended woman
o The testimony, however, must be conclusive, logical
and probable
 Principles in guiding the appellate court in reviewing
the evidence adduced in a prosecution for the crime of
rape:
1. An accusation for rape can be made with facility, is
difficult to prove, but more difficult for the person
accused, though innocent, to disprove
2. In view of the intrinsic nature of the crime of rape,
where only 2 persons are usually involved, the
Page 47 of 75
 testimony of the complainant must be scrutinized
with extreme caution
3. The evidence for the prosecution must stand or fall
on its own merits, and cannot be allowed to draw
strength from the weakness of the evidence for the
defense
 When the woman is deprived of reason or otherwise
unconscious—the victim has no will
o Sexual intercourse with an insane woman is rape
o Cohabitation with feebleminded, idiotic woman is
rape
 Deprivation of reason contemplated by law does
not need to be complete
 Mental abnormality or deficiency is sufficient
o Intercourse with a deaf-mute is not rape, in the
absence of proof that she is imbecile
o Rape while the woman is unconscious:
a. Carnal act while the woman is asleep or before a
young wife awoke
b. When the woman is in lethargy produced by
sickness
c. After the woman was knocked unconscious
d. When narcotic was administered to the woman
e. When a potion is given to the woman
 Consummated rape
o Enough that the labia of the female organ was
penetrated
o It is not essential that there be a rupture of the
hymen
o It is not also essential that there be a complete
penetration
o Absence of spermatozoa does not disprove
consummation of rape
 There is NO frustrated rape
 STATUTORY RAPE
o When the girl is under 12 years of age despite of her
consent or her being a prostitute
 The character of the offended woman is immaterial
 Multiple rape by 2 or more offenders
o Each will suffer N number of crimes of rape
depending on how many persons committed the
crime
266-B. Penalties. Rape under par. 1 of the next
preceding article shall be punished by reclusion
perpetua.
Whenever the rape is committed with the use of a
deadly weapon or by 2 or more persons, the penalty
shall be reclusion perpetua to death.
When by reason or on occasion of the rape, the victim
has become insane, the penalty shall be reclusion
perpetua to death.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of
rape is committed with any of the following
aggravating/qualifying circumstances:
1. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity
within the 3rd civil degree, or the common law
spouse of the parent of the victim
2. When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution
3. When the rape is committed in full view of the
spouse, parent, any of the children or other
relatives within the 3rd civil degree of
consanguinity
4. When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime
5. When the victim is a child below 7 years old
6. 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
7. When committed by any member of the AFP or
para-military units thereof or 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
8. When by reason or on the occasion of the rape,
the victim has suffered permanent physical
mutilation or disability
9. When the offender knew of the pregnancy of the
offended party at the time of the commission of
the crime
10. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of
the offended party at the time of the commission
of the crime
Rape under par. 2 of the next preceding article shall be
punished by prision mayor.
Whenever the rape is committed with the use of a
deadly weapon or by 2 or more persons, the penalty
shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be reclusion
perpetua.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
Page 48 of 75
penalty shall be reclusion temporal to reclusion committed with one or more aggravating
perpetua. circumstances
When by reason or on the occasion of the rape,
266-C. Effect of pardon. The subsequent valid marriage
homicide is committed, the penalty shall be reclusion
between the offender and the offended party shall
perpetua.
extinguish the criminal action or the penalty imposed.
Reclusion temporal shall also be imposed if the rape is
In case it is the legal husband who is the offender, the
committed with any of the ten aggravating/qualifying
subsequent forgiveness by the wife as the offended
circumstances mentioned in this article.
party shall extinguish the criminal action or the penalty:
 When the homicide is committed not by reason or on
Provided, that the crime shall not be extinguished or
the occasion of rape
the penalty shall not be abated if the marriage is void
o The victim was already at the threshold of death
when she was ravished ab inito.
 The bestiality may be regarded either as a form of  This benefits only the principals and not the
ignominy causing disgrace or as a form of cruelty accomplices and accessories
which aggravated the murder, it being unnecessary  This principle does not apply where multiple rape is
to the commission thereof committed
 Another illustration of rape with homicide o Because while marriage with one defendant
o When the rapist, who was suffering from gonorrhea, extinguishes the criminal liability, its benefits cannot
infected the victim who died as a result be extended to the acts committed by the others
 Penalties for rape under pars. 1 and 2
Paragraph 1 Paragraph 2 266-D. Presumptions. Any physical overt act
Committed under any of Reclusion Prision manifesting resistance against the act of rape in any
the 4 circumstances perpetua mayor degree from the offended party, or where the offended
Committed with the use Reclusion Prision party is so situated as to render her/him incapable of
of a deadly weapon or by perpetua to mayor to giving valid consent, may be accepted as evidence in the
2 or more persons Death Reclusion prosecution of the acts punished under Art. 266-A.
temporal
Rape where the victim Reclusion Reclusion
becomes insane perpetua to temporal Title 9: CRIMES AGAINST PERSONLA LIBERTY AND
Death SECURITY
Committed with Reclusion Reclusion
attempted rape and perpetua to temporal to Chapter 1: Crimes against Liberty
homicide Death Reclusion Section 1: Illegal Detention
perpetua
Crimes classified as illegal detention
Rape with homicide Death Reclusion
perpetua 1. Kidnapping and serious illegal detention (Art. 267)
2. Slight illegal detention (Art. 266)
Rape with Death Reclusion
3. Unlawful arrest (Art. 269)
aggravating/qualifying temporal
circumstances
267. Kidnapping and serious illegal detention—: Any
 Indemnity in Rape
o The award of P50,000 as indemnity ex delicto is private individual who shall kidnap or detain another, or
mandatory in any other manner deprive him of his liberty, shall
o Increased to, but not less than, P75,000 if the crime suffer the penalty of reclusion perpetua to death:
of rape is committed or effectively qualified by any 1. If the kidnapping or detention shall have lasted
of the circumstances under which the death penalty more than 3 days
is authorized by the present amended law 2. If it shall have been committed simulating public
 Indemnity in Rape with Homicide authority
o Award of P100,000 is mandatory 3. If any serious physical injuries shall have been
 P50,000 in case of death inflicted upon the person kidnapped or detained,
 P50,000 upon the finding of the fact of rape or if threats to kill him shall have been made
 Damages in Rape 4. If the person kidnapped or detained shall be a
o Moral damages of P50,000 is to be automatically minor, except when the accused is any of the
awarded in rape cases without need of proof parents, female or a public officer
o Exemplary damages may be awarded in criminal The penalty shall be death where the kidnapping or
cases as part of the civil liability if the crime was
detention was committed for the purpose of extorting
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 49 of 75
ransom from the victim or any other person, even if
none of the circumstances above mentioned were
present in the commission of the offense.
When the victim is killed or dies as a consequence of
detention, or is raped or is subjected to torture or
dehumanizing acts, the maximum penalty shall be
imposed.
 Elements:
1. That the offender is a private individual
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:
a. That the kidnapping or detention lasts for more
than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted
upon the person kidnapped or detained or threats
to kill him are made
d. That the person kidnapped or detained is a minor,
female or a public officer
 If the offender is a public officer, the crime is arbitrary
detention
o But the public officer must have a duty under the
law to detain a person
o If not, he will be held liable under this article
 When the victim is a minor and the accused is one of
the parents, they will be liable under Art. 271
 Intention to deprive the victim of his liberty for
purposes of extorting ransom on the part of the
accused is essential in the crime of kidnapping
o Actual demand for ransom is not necessary as long
as the kidnapping was committed ―for the purpose
of extorting ransom‖
 It is essential in the crime of illegal detention that there
be actual confinement or restriction of the person of
the offended party
o But it is not necessary that he be confined in an
inclosure
o Depriving him of his liberty is sufficient
o Restraint need not be permanent
 Detention must be illegal
o It is illegal when not ordered by competent authority
or not permitted by law
 When the kidnapping or detention was committed for
the purpose of extorting ransom, it is not necessary
that one or any of such circumstances enumerated be
present
 Detention for more than 3 days is not necessary when
any of the other circumstances is present
 Kidnapping of a public officer
o A barrio captain is a public officer
 Restraint by robbers is not illegal detention
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Kidnapping with murder or homicide
o Where the person kidnapped is killed in the course
of the detention, regardless of whether the killing
was purposely sought or was merely an afterthought,
the kidnapping and murder or homicide can no
longer be complexed under Art. 48, nor be treated
as separate crimes, but shall be punished as a special
complex crime under the last par. of Art. 267
o The specific intent is determinative of whether the
crime committed is murder or kidnapping
 Specific intent—may be proved by direct or by
circumstantial evidence.
o It may be inferred from the circumstances of the
actions of the accused as established by the evidence
on record
o Specific intent is not synonymous with motive
where motive is not an essential element of a crime
 Circumstances qualifying the offense
o When maximum penalty of death be imposed—
a. If the purpose of kidnapping or detention is to
extort ransom
b. When the victim is killed or dies as a consequence
of the detention
c. When the victim is raped
d. When the victim is subjected to torture or
dehumanizing acts
o Death is imposed as a single penalty
o Imposed regardless of the presence and number of
ordinary mitigating circumstances
o The only privileged mitigating circumstance that can
lower the penalty by one degree is when the
offender is over 15 but under 16 years of age
 Ransom—money, price or consideration paid or
demanded for redemption of a captured person or
persons, a payment that releases from captivity
 Conspiracy to extort ransom makes all the
conspirators liable under the 2nd par. of Art. 267,
including those who did not take any part of the
money
 There is no complex crime of illegal detention with
rape but only kidnapping with rape
Illegal detention Arbitrary detention
Committed by private Committed by a public
individual officer or employee who
detains a person without
legal ground
Crime against personal Crime against the
liberty and security fundamental law of the
State
268. Slight illegal detention—: The penalty of reclusion
temporal shall be imposed upon any private individual
who shall commit the crimes described in the next
preceding article without the attendance of any of the
circumstances enumerated therein.
Page 50 of 75
The same penalty shall be incurred by anyone who shall  Under Sec. 6 Rule 113 of the Revised Rules of
furnish the place for the perpetration of the crime. Criminal Procedure, a private person may arrest an
individual without warrant under the circumstances
If the offender shall voluntarily release the person so
when public officers can make arrest
kidnapped or detained within 3 days from the Unlawful arrest Delay in the delivery of
commencement of the detention, without having detained persons to the
attained the purpose intended, and before the proper judicial authority
institution of criminal proceedings against him, the
penalty shall be prision mayor in its minimum and Detention is not Detention is for some legal
medium periods and a fine not exceeding 700 pesos. authorized by law ground
Committed by making an Committed by failing to
 Elements:
1. That the offender is a private individual arrest not authorized by deliver such person to the
2. That he kidnaps or detains another, or in any other law proper judicial authority
manner deprives him of his liberty within a certain period of
3. That the act of kidnapping or detention is illegal time
4. That the crime is committed without the attendance
of any of the circumstances enumerated in Art. 267 Section 2: Kidnapping of Minors
 The same penalty is incurred by anyone who furnished Crimes called kidnapping of minors:
the place for the perpetration of the crime. His 1. Kidnapping and failure to return a minor
participation is raised to that of a real co-principal. 2. Inducing a minor to abandon his home
o But if the cooperation of the accomplice is by an act
other than furnishing the place for the perpetration 270. Kidnapping and failure to return a minor—: The
of the crime, the penalty shall be one degree lower penalty of reclusion perpetua shall be imposed upon
than that provided for the crime of slight illegal any person who, being entrusted with the custody of a
detention minor person, shall deliberately fail to restore the latter
 Privileged mitigating circumstances: (all 3 requisites to his parents or guardians.
must concur)
 Elements:
a. Voluntary releasing the person so kidnapped or
1. That the offender is entrusted with the custody of a
detained within 3 days from the commencement of
the detention minor person, whether over or under 7 years but
less than 21 years of age
b. Without having attained the purpose intended
c. Before the institution of criminal proceedings 2. The he deliberately fails to restore the said minor to
his parents or guardians
against him
 What is punished is the deliberate failure of the
 When the victim is a female, the detention is punished
custodian of the minor to restore the latter to his
under Art. 267 and voluntary release is not mitigating
under that article parents or guardian
Art. 267 Art. 270
Kidnapping of a minor is punished
269. Unlawful arrest—: The penalty of arresto mayor
Offender is not entrusted Offender is entrusted with
and a fine not exceeding 500 pesos shall be imposed with the custody of the the custody of the victim
upon any person who, in any case other than those victim
authorized by law, or without reasonable ground
therefor, shall arrest or detain another for the purpose 271. Inducing a minor to abandon his home—: The
of delivering him to the proper authorities. penalty of prision correctional and a fine not exceeding
 Elements: 700 pesos shall be imposed upon anyone who shall
1. That the offender arrests or detains another person induce a minor to abandon the home of his parents or
2. That the purpose of the offender is to deliver him to
guardians or the persons entrusted with his custody.
the proper authorities
3. That the arrest or detention is not authorized by law If the person committing any of the crimes covered by
or there is no reasonable ground therefor the two preceding articles shall be the father or the
 The offender is any person mother of the minor, the penalty shall be arresto mayor
o But if the offender is a public officer who has or a fine not exceeding 300 pesos, or both.
authority to arrest and detain a person but did so  Elements:
without legal ground, he is liable for arbitrary 1. That a minor, whether over or under 7 years of age
detention but less than 21, is living in the home of his parents
 No period of detention is fixed by law, but the motive or guardian or the person entrusted with his custody
of the offender is controlling
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 51 of 75
 2. That the offender induces said minor to abandon
such home
 The inducement must be actual, committed with
criminal intent, and determined by a will to cause
damage
 ―to induce‖—to influence, to prevail on, to move by
persuasion, to incite by motives
 ―shall induce the minor to abandon the home‖—what
constitutes the crime is the act of inducing a minor to
abandon his home or the home of his guardian
o It is not necessary that the minor actually abandons
the home
 If the minor should leave his home of his own free
will and would go and live with another person, the
latter is not criminally liable
Section3: Slavery and servitude
Crimes called slavery and servitude:
1. Slavery
2. Exploitation of child labor
3. Services rendered under compulsion in payment of
debt
272. Slavery—: The penalty of prision mayor and a fine
not exceeding 10 000pesos shall be imposed upon
anyone who shall purchase, sell, kidnap or detain a
human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning
the offended party to some immoral traffic, the penalty
shall be imposed in its maximum period.
 Elements:
1. That the offender purchases, sells, kidnaps or
detains a human being
2. That the purchase of the offender is to enslave such
human being
 To distinguish from kidnapping or illegal detention,
the purpose must be determine and it should be for
the purpose of enslaving the victim
 ―for purpose of enslaving him‖—when it is proven
that the victim was obliged to render service as a
servant without remuneration and to remain there so
long as she has not paid her debt is slavery
o the employment or custody of a minor with the
consent of the parent or guardian although against
the child’s own will cannot be considered
involuntary servitude
273. Exploitation of child labor—: The penalty of prision
correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon
anyone who, under the pretext of reimbursing himself
of a debt incurred by an ascendant, guardian, or person
entrusted with the custody of a minor, shall, against the
latter’s will, retain him in his service.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Elements:
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
 The existence of an indebtedness constitutes no legal
justification for holding a person and depriving him of
his freedom to live where he wills
274. Services rendered under compulsion in payment of
debt—: The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
shall be imposed upon any person who, in order to
require or enforce the payment of a debt, shall compel
the debtor to work for him, against his will, as
household servant or farm laborer.
 Elements:
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
 This article does not distinguish whether the victim is
a minor or not
Chapter 2: Crimes against Security
Section 1: Abandonment of helpless persons and
exploitation of minors
Crimes called abandonment of helpless persons and
exploitation of minors:
1. Abandonment of persons in danger and abandonment
of one’s victim
2. Abandoning a minor
3. Abandonment of minor by person entrusted with his
custody; indifference of parents
4. Exploitation of minors
275. Abandonment of persons in danger and
abandonment of one’s own victim—: The penalty of
arresto mayor shall be imposed upon:
1. Anyone who shall fail to render assistance to any
person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense
2. Anyone who shall fail to help or render assistance
to another whom he has accidentally wounded or
injured
3. Anyone who, having found an abandoned child
under 7 years of age, shall fail to deliver said child
to the authorities or to his family, or shall fail to
take him to a safe place
Page 52 of 75
 Acts punished:
1. By failing to render assistance to any person whom
the offender shall find in an uninhabited place
wounded or in danger of dying, when he can render
such assistance without detriment to himself, unless
such omission shall constitute a more serious
offense
o Elements:
a. The place is not inhabited
b. The accused found there a person wounded or
in danger of dying
c. The accused can render assistance without
detriment to himself
d. The accused fails to render assistance
2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured
3. By failing to deliver a child, under 7 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
 if a person intentionally wounded another in an
uninhabited place, par. 1 is not applicable, because he
did not find him wounded or in danger of dying in
that place
 Par. 2 applies only when someone is accidentally
injured by the accused
 Under the 3rd way of committing the crime, it is
immaterial that the offender did not know that the
child is under 7 years old
o This par. also applied to one who found a lost child
 ―shall fail to take him to a safe place‖—the child must
be found by the accused in an unsafe place
276. Abandoning a minor—: The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be
imposed upon any one who shall abandon a child under
seven years of age, the custody of which is incumbent
upon him.
When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but if
the life of the minor shall have been in danger only, the
penalty shall be prision correccional in its minimum and
medium periods.
The provisions contained in the two preceding
paragraphs shall not prevent the imposition of the
penalty provided for the act committed, when the same
shall constitute a more serious offense.
 Elements:
1. That the offender has the custody of a child
2. That the child is under 7 years of age
3. That he abandons such child
4. That he has no intent to kill the child when the latter
is abandoned
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 If there is intent to kill, this article does not apply
o If there is intent to kill and the child dies, the crime
would either be murder, parricide or infanticide
o If there is intent to kill but child does not die, it is
attempted murder, parricide or infanticide
 Intent to kill cannot be presumed from the death of
the child or for crimes against security, particularly
under Art. 276
 A permanent, conscious and deliberate abandonment
is required
 Circumstances qualifying the offense:
1. When the death of the minor from such
abandonment
2. If the life of the minor was in danger because of the
abandonment
 Parents guilty of abandoning their children shall be
deprived of parental authority
277. Abandonment of minor by person entrusted with
his custody; indifference of parents—: The penalty of
arresto mayor and a fine not exceeding 500 pesos shall
be imposed upon anyone who, having charge of the
rearing or education of a minor, shall deliver said minor
to a public institution or other persons, without the
consent of the one who entrusted such child to his care
or, in the absence of the latter, without the consent of
the proper authorities.
The same penalty shall be imposed upon the parents
who shall neglect their children by not giving them the
education which their station in life requires and
financial condition permits.
 Acts punished:
1. By delivering a minor to a public institution or other
persons without the consent of the one who
entrusted such minor to the care of the offender or,
in the absence of that one, without the consent of
the proper authorities
2. By neglecting his (offender’s) children by not giving
them the education which their station in life
requires and financial condition permits
 Elements of abandonment of minor by one charged
with the rearing or education of said minor:
1. That the offender has charge of the rearing or
education of a minor
2. That he delivers said minor to a public institution or
other persons
3. That the one who entrusted such child to the
offender has not consented to such act; or if the one
who entrusted such child to the offender is absent,
the proper authorities have not consented to it
 Person liable:
o Only the person charged with ―the rearing or
education‖ of the minor
 ―rear‖—to bring to maturity by educating, nourishing,
etc.
Page 53 of 75
Abandonment of minor by Abandonment of a minor
person entrusted with (Art. 276)
custody (Art. 277)
The custody is for the The custody of the
rearing or education of the offender is stated in
minor general
Minor is under 21 years of Minor is 7 years of age
age
Minor is delivered to a Minor is abandoned as to
public institution or other deprive him of the care
person and protection that his
tender years need
 Elements of indifference of parents:
1. That the offender is a parent
2. That he neglects his children by not giving them
education
3. That his station in life requires such education and
his financial condition permits it
 The obligation to educate his children terminates, if
the mother and the children refuse without good
reasons to live with the accused; hence, he cannot be
said to have abandoned them and neglected his
children
 The failure to give education must be due to deliberate
desire to evade such obligation
278. Exploitation of minors—: The penalty of prision
correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon:
1. Any person who shall cause any boy or girl under
16 years of age to perform any dangerous feat of
balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, rope-
walker, diver, wild-animal tamer or circus
manager, or engaged in a similar calling, shall
employ in exhibitions of these kinds children under
16 years of age who are not his children or
descendants.
3. Any person engaged in any of the callings
enumerated in the next preceding paragraph who
shall employ any descendant of his under 12 years
of age in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person
entrusted in any capacity with the care of a child
under 16 years of age, who shall deliver such child
gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to
any habitual vagrant or beggar.
If the delivery shall have been made in
consideration of any price, compensation, or
promise, the penalty shall in every case be
imposed in its maximum period.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
In either case, the guardian or curator convicted
shall also be removed from office as guardian or
curator; and in the case of the parents of the child,
they may be deprived, temporarily or perpetually,
in the discretion of the court, of their parental
authority.
5. Any person who shall induce any child under 16
years of age to abandon the home of its
ascendants, guardians, curators, or teachers to
follow any person engaged in any of the callings
mentioned in paragraph 2 hereof, or to accompany
any habitual vagrant or beggar.
 Par. 4(b) qualifies the offense
 The offender shall be deprived of parental authority or
guardianship
 The exploitation of minor must refer to act
endangering the life or safety of the minor
Exploitation of minors Inducing a minor to
(Art. 278, par. 5) abandon his home
(Art. 271)
The purpose is under The purpose is not any of
those mentioned in such those mentioned in Art.
par. 5 278 par. 5
Victim is under 16 years of Victim is a minor under 21
age years of age
279. Additional penalties for other offenses—: The
imposition of the penalties prescribed in the preceding
articles, shall not prevent the imposition upon the same
person of the penalty provided for any other felonies
defined and punished by this Code.
Section 2: Trespass to dwelling
280. Qualified trespass to dwelling—: Any private
person who shall enter the dwelling of another against
the latter's will shall be punished by arresto mayor and
a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or
intimidation, the penalty shall be prision correccional in
its medium and maximum periods and a fine not
exceeding 1,000 pesos.
The provisions of this article shall not be applicable to
any person who shall enter another's dwelling for the
purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person, nor
shall it be applicable to any person who shall enter a
dwelling for the purpose of rendering some service to
humanity or justice, nor to anyone who shall enter
cafes, taverns, inn and other public houses, while the
same are open.
 Elements:
1. That the offender is a private person
2. The he enters the dwelling of another
Page 54 of 75
 3. That such entrance is against the latter’s will
 What is intended to be protected is the privacy of
one’s dwelling
 If the offense is committed by means of violence or
intimidation, it qualifies the crime
o It may take place immediately after the entrance
o Prohibition is not necessary under these
circumstances
 If the offender is a public officer, the crime is violation
of domicile (Art. 128)
 Dwelling—any building or structure exclusively
devoted for rest and comfort
o Includes a room when occupied by another person
 Entrance into dwelling must be ―against‖ the will of
the owner or occupant and not only mere absence of
his consent
o There should be presume or express prohibition by
the occupant
o Lack of permission does not amount to prohibition
 Generally, all members of a household must be
presumed to have authority to extend an invitation to
enter the house
 Implied prohibition—it is a well-settled rule that
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
o It is also implied in entrance through the window
 Prohibition must be in existence prior to or at the time
of the entrance
 Trespass by means of violence is inflicted on the
person or upon things
 Trespass by means of intimidation is directed toward
the person
 Trespass to dwelling may be committed by the owner
of the dwelling when he did not invoke the aid of the
court for the exercise of his proprietary rights
 Cases to which the provisions of this article are 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 houses, while the same are
open
281. Other forms of trespass—: The penalty of arresto
menor or a fine not exceeding 200 pesos, or both, shall
be imposed upon any person who shall enter the closed
premises or the fenced estate of another, while either
of them are uninhabited, if the prohibition to enter be
manifest and the trespasser has not secured the
permission of the owner or the caretaker thereof.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Elements:
1. That the offender enters the closed premises or the
fenced estate of another
2. That the entrance is made while either of them is
uninhabited
3. That the prohibition to enter be manifest
4. That the trespasser has not secured the permission
of the owner or the caretaker thereof
 ―premises‖—signifies distinct and definite locality
o May mean a room, shop, building or definite area,
but in either case, locality is fixed
Trespass to dwelling Other forms of dwelling
Offender is private person Offender is any person
Enters a dwelling house Enters closed premises or
fenced estate
inhabited Uninhabited
Entering the dwelling Entering closed premises
against the will of the or fenced estate without
owner securing the permission of
the owner or caretaker
Prohibition to enter is Prohibition to enter must
express or implied be manifest
Section Three. — Threats and coercion
282. Grave threats—: Any person who shall threaten
another with the infliction upon the person, honor or
property of the latter or of his family of any wrong
amounting to a crime, shall suffer:
1. The penalty next lower in degree than that
prescribed by law for the crime be threatened to
commit, if the offender shall have made the threat
demanding money or imposing any other
condition, even though not unlawful, and said
offender shall have attained his purpose. If the
offender shall not have attained his purpose, the
penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a fine not
exceeding 500 pesos, if the threat shall not have
been made subject to a condition.
 The threat must be to inflict a wrong amounting to a
crime upon the person, honor, or property of the
offended party or that of his family
 Essence of the crime of threats is intimidation
 Intimidation—there is a promise of some future harm
or injury, either to the person, honor or property of
the offended party or of his family
 Elements of grave threats where offender attained his
purpose:
1. That the offender threatens another person with the
infliction upon the latter’s person, honor or
Page 55 of 75
 property, or upon that of the latter’s family, of any
wrong
2. That such wrong amounts to a crime
3. That there is demand for money or that any other
condition is imposed, even though not unlawful
4. That the offender attains his purpose
 Threatening to publish a libel and offering to prevent
such publication for money is punished under Art. 356
 Penalties:
a. Offender attained his purpose—one degree lower
for the crime threatened to be committed
b. Offender does not attain his purpose—two degrees
lower than that provided by law for the crime
threatened to be committed
c. If threat is not subject to a condition—penalty is
arresto mayor and a fine not exceeding 500 pesos
 Circumstance qualifying the offense
o The threat is made in writing or through a
middleman
 Elements of grave threats not subject to a condition:
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
 Under grave threats not subject to a condition, the
grave threats must be serious and deliberate
o There is no condition or no demand of money
 If the threat is made in the heat of anger, such threat is
punished under Art. 285, par. 2
 If the condition is not proved, it is grave threats under
par. 2
 ―threaten another with the infliction of any
wrong‖‖—the act threatened to be committed must
be wrong
 Grave threats may be committed by indirect challenge
to a gun fight even if the complainant was absent
when the challenge was made
 It is not necessary that the offended party was present
at the time the threats were made
o It is sufficient that the threats, after they have been
made in his absence, came to the knowledge of the
offended party (this is the stage of consummation of
the crime)
 Threats made in connection with the commission of
other crimes are absorbed by the latter
o If there is another crime actually committed or the
objective of the offender is another crime, and the
threat is only a means to commit it or a mere
incident in its commission, the threat is absorbed by
the other crime
 If the offender in grave threats demand the delivery on
the spot of the money or other personal property
asked by him, it is the crime of robbery with
intimidation
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
283. Light threats—: Any threat to commit a wrong not
constituting a crime, made in the manner expressed in
subdivision 1 of the next preceding article, shall be
punished by arresto mayor.
 Elements:
1. That the offender makes a threat to commit a wrong
2. That the wrong does not constitute a crime
3. That there is demand for money or that other
condition is imposed, even though not unlawful
4. That the offender has attained his purpose or that
he has not attained his purpose
 Light threats may amount to blackmailing
o The unlawful extortion of money by an appeal to
the fear of the victim or by threats of accusation or
exposure
284. Bond for good behavior—: In all cases falling within
the two next preceding articles, the person making the
threats may also be required to give bail not to molest
the person threatened, or if he shall fail to give such
bail, he shall be sentenced to destierro.
 Cases where a person may be required to give bail not
to molest another:
1. When he threatens another under the circumstances
mentioned in Art. 282
2. When he threatens another under the circumstances
mentioned in Art. 283
 The giving of bail is an additional penalty
Bond to keep the peace Bond for good behavior
(Art. 35) (Art. 284)
Not made applicable to Applicable only to cases of
any particular case grave threats and light
threats
If the offender fails to give If he shall fail to give bail,
bond, he shall be detained he shall be sentenced to
for a period not exceeding destierro
6 months (prosecuted for
grave or less grave felony)
or not exceeding 30 days
(prosecuted for light
felony)
285. Other light threats—: The penalty of arresto menor
in its minimum period or a fine not exceeding 200 pesos
shall be imposed upon:
1. Any person who, without being included in the
provisions of the next preceding article, shall
threaten another with a weapon or draw such
weapon in a quarrel, unless it be in lawful self-
defense.
2. Any person who, in the heat of anger, shall orally
threaten another with some harm not constituting
a crime, and who by subsequent acts show that he
did not persist in the idea involved in his threat,
provided that the circumstances of the offense
Page 56 of 75
 shall not bring it within the provisions of Art. 282
of this Code.
3. Any person who shall orally threaten to do another
any harm not constituting a felony.
 The word ―not‖ in the second act punished is
enclosed in parenthesis because the inclusion of that
word is a mistake
 2 acts punished in par. 1:
1. Threatening another with a weapon, even if there is
no quarrel
2. Drawing a weapon in a quarrel, which is not in
lawful self-defense
 Threats which ordinarily are grave threats, if made in
the heat of anger, may be other light threats
 Where the threats are directed to a person who is
absent and uttered in a temporary fit of anger, the
offense is only light threats
286. Grave coercions—: The penalty of arresto mayor
and a fine not exceeding 500 pesos shall be imposed
upon any person who, without authority of law, shall,
by means of violence, prevent another from doing
something not prohibited by law, or compel him to do
something against his will, whether it be right or wrong.
If the coercion be committed for the purpose of
compelling another to perform any religious act or to
prevent him from so doing, the penalty next higher in
degree shall be imposed.
 2 ways of committing grave coercions:
1. By preventing another, by means of violence, threats
or intimidation, from doing something not
prohibited by law
2. By compelling another, by means of violence,
threats or intimidation, to do something against his
will, whether it be right or wrong
 Elements of grave coercions:
1. That a person prevented another from doing
something not prohibited by law, or that he
compelled him to do something against his will, be it
right or wrong
2. That the prevention or compulsion be effected by
violence, threats or intimidation; and
3. That the person that restrained the will and liberty
of another had not the authority of law or the right
to do so, or, in other words, that the restraint shall
not be made under authority of law or in the
exercise of any lawful right
 The purpose of the law in penalizing coercion is to
enforce the principle that no person may take the law
into his hands, and that our government is one of law,
not of men
 The act of preventing by force must be made at the
time the offended party was doing or about to do the
act to be prevented
o Otherwise, it will be unjust vexation
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Compelling another to do something includes the
offender’s act of doing it himself while subjecting
another to his will
 When the complainant is in the actual possession of a
thing, even if he has no right to that possession,
compelling him by means of violence to give up the
possession, even by the owner himself, is grave
coercion
 Violence, threats or intimidation may be used to
prevent or to compel the offended party
 The crime is not grave coercion when the violence is
employed to seize anything belonging to the debtor of
the offender
 Display of force, if arms are not used, is not
intimidation
o But surrounding complainant in a notoriously
threatening attitude is sufficient
 The force or violence must be immediate, actual or
imminent
 ―without authority of law‖—the person who restraints
the will and liberty of another has not the right to do
so as a private person or does not act in the exercise of
a duty in the case of a person with a duty to perform
or with authority as a public functionary
 There is no grave coercion when the accused acts in
good faith in the performance of his duty
 A person who takes the law into his hands with
violence is guilty of grave coercion
 Coercion is consummated even if the offended party
did not accede to the purpose of the coercion
 When the purpose is to prevent the inmates from
leaving the premises, it is grave coercion
Grave coercion Maltreatment of prisoners
Offended party is not a Offended party is a prisoner
prisoner
 When there is prevention of the meeting of a
legislative body or provincial board or city or
municipal council or board, the offenders are not
liable for grave coercion through arbitrary detention,
even if there is compulsion and detention
 When prision mayor shall be imposed:
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
287. Light coercions—: Any person who, by means of
violence, shall seize anything belonging to his debtor for
the purpose of applying the same to the payment of the
debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of
the thing, but in no case less than 75 pesos.
Page 57 of 75
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from 5
pesos to 200 pesos, or both.
 Elements:
1. That the offender must be a creditor
2. That he seizes anything belonging to his debtor
3. That the seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation
4. That the purpose of the offender is to apply the
same to the payment of the debt
 Par. 1 is limited to a case where the offender seized
anything belonging to his debtor by means of violence
to apply the same to the payment of the debt
 Par. 2 is unjust vexation
o Includes any human conduct which, although not
productive of some physical or material harm
would, unjustly annoy or vex an innocent person
o Paramount question in determining whether the
crime is unjust vexation is whether the offender’s act
caused annoyance, irritation, vexation, torment,
distress or disturbance to the mind of the person to
whom it is directed
 Taking possession of the thing belonging to the
debtor, through deceit and misrepresentation, for the
purpose of applying the same to the payment of the
debt, is unjust vexation under Art. 287 par. 2
 Actual physical violence need not be employed
 Kissing a girl, without performing acts of
lasciviousness, is unjust vexation
 If there is no violence of intimidation light coercion
under par. 1, it is only unjust vexation
 When the act of the accused has no connection with
his previous acts of violence, it is only unjust vexation
 The difference between grave coercion and unjust
vexation is that the latter is committed without the use
of violence
288. Other similar coercions; (Compulsory purchase of
merchandise and payment of wages by means of
tokens)—: The penalty of arresto mayor or a fine
ranging from 200 to 500 pesos, or both, shall be
imposed upon any person, agent or officer, of any
association or corporation who shall force or compel,
directly or indirectly, or shall knowingly permit any
laborer or employee employed by him or by such firm
or corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon any person
who shall pay the wages due a laborer or employee
employed by him, by means of tokens or objects other
than the legal tender currency of the laborer or
employee.
 Acts punished:
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
1. By forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of
the laborer or employee of the offender to purchase
merchandise or commodities of any kind from him
2. By paying 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 under No. 1:
1. That the offender is any person, agent or officer of
any association or corporation
2. That he or such firm or corporation has employed
laborers or employees
3. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
his laborers or employees to purchase merchandise
or commodities of any kind from him or from said
firm or corporation
 Elements of No. 2:
1. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects
2. That those tokens or objects are other than the legal
tender currency of the Philippines
3. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects
 Inducing an employee to give up any part of his wages
by force, stealth, intimidation, threat or by any other
means is unlawful under Art. 116 of the Labor Code,
not under the RPC
289. Formation, maintenance and prohibition of
combination of capital or labor through violence or
threats—: The penalty of arresto mayor and a fine not
exceeding 300 pesos shall be imposed upon any person
who, for the purpose of organizing, maintaining or
preventing coalitions or capital or labor, strike of
laborers or lock-out of employees, shall employ 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, if the act shall not constitute a
more serious offense in accordance with the provisions
of this Code.
 Elements:
1. That the offender employs violence or threats, in
such a degree as to compel or force the laborers or
employers in the free legal exercise of their industry
or work
2. That the purpose is to organize, maintain or prevent
coalitions of capital or labor, strike of laborers or
lockout of employers
 The act should not be a more serious offense
o If death or some serious physical injuries are caused,
the act should be punished in accordance with the
other provisions of this Code
Page 58 of 75
 Peaceful picketing is not prohibited  Circumstance which qualifies the offense, when the
It is part of freedom of speech
o offender reveals the contents of such paper or letters
 Employing violence or making threat by picketers may of another to a third person
make them liable for coercion  This article is not applicable to parents, guardians, or
 Preventing employee from joining any registered labor persons entrusted with the custody of minors with
organization is punished under the Labor code, not respect to papers or letters of the children or minors
under the RPC placed under their care or custody, or to spouses with
o It shall be unlawful for an employer to commit any respect to the papers or letters of either of them
of the following unfair labor practices:  Sec. 2756 of the Administrative Code punishes the
a. To interfere with, restrain or coerce employees in unlawful opening of mail matter
the exercise of their right to self-organization Art. 230 Art. 231
b. To require as a condition of employment that a Public officer comes to Offender is a private
person or any employee shall not join a labor know the secrets of any individual who seizes the
organization or shall withdraw from one to which private individual by papers or letters of another
he belongs reason of his office to discover the secrets of
the latter
Chapter 3: Discovery and Revelation of Secrets Not necessary that the Not necessary that there
secrets are contained in be a secret
Kinds of discovery and revelation of secrets:
papers or letters
1. Discovering secrets through seizure of
Reveals it without If there is a secret
correspondence
justifiable reason discovered, not necessary
2. Revealing secrets with abuse of office
that it be revealed
3. Revealing of industrial secrets
291. Revealing secrets with abuse of office—: The
290. Discovering secrets through seizure of
correspondence—: The penalty of prision correccional in penalty of arresto mayor and a fine not exceeding 500
its minimum and medium periods and a fine not pesos shall be imposed upon any manager, employee,
or servant who, in such capacity, shall learn the secrets
exceeding 500 pesos shall be imposed upon any private
of his principal or master and shall reveal such secrets.
individual who in order to discover the secrets of
another, shall seize his papers or letters and reveal the  Elements:
1. That the offender is a manger, employee or servant
contents thereof.
2. That he learns the secrets of his principal or master
If the offender shall not reveal such secrets, the penalty in such capacity
shall be arresto mayor and a fine not exceeding 500 3. That he reveals such secrets
pesos.  Secrets must be learned by reason of their
employment
The provision shall not be applicable to parents,
guardians, or persons entrusted with the custody of  The secrets must be revealed
minors with respect to the papers or letters of the  Damage is not necessary
children or minors placed under their care or study, nor
to spouses with respect to the papers or letters of 292. Revelation of industrial secrets—: The penalty of
either of them. prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed
 Elements:
1. That the offender is a private individual or even a upon the person in charge, employee or workman of
public officer not in the exercise of his official any manufacturing or industrial establishment who, to
function the prejudice of the owner thereof, shall reveal the
2. That he seizes the papers or letters of another secrets of the industry of the latter.
3. That the purpose is to discover the secrets of such  Elements:
another person 1. That the offender is a person in charge, employee or
4. That the offender is informed of the contents of the workman of a manufacturing or industrial
papers or letters seized establishment
 ―seize‖—to place in the control of someone a thing or 2. That the manufacturing or industrial establishment
to give him the possession thereof has a secret of the industry which the offender has
o It is not necessary that there is force or violence learned
 Not an element of the offense: 3. That the offender reveals such secrets
a. Prejudice 4. That prejudice is caused to the owner
b. Revealing the secret
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 59 of 75
 Secrets must relate to the manufacturing processes
invented by or for a manufacturer and used only in his
factory or in a limited number of them
o When they are generally used, they will not be a
secret
 The act constituting the crime is revealing the secret of
the industry of the employer
 The revelation of the secret might be made after the
employee or workman had ceased to be connected
with the establishment
 Prejudice is an essential element of the offense
Chapter 1: Robbery in General
293. Who are guilty of robbery. Any person who, with
intent to gain, shall take any personal property
belonging to another, by means of violence against or
intimidation of any person, or using force upon
anything, shall be guilty of robbery.
 Robbery—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
 Classification of Robbery:
1. Robbery with violence against, or intimidation of
persons
2. Robbery by the use of force upon things
 Elements of robbery in general:
1. That there be
a. Personal property
b. Belonging to another
2. That there is unlawful taking
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any
person or force upon anything
 The property taken must be personal property
o If real property is occupied or real right is usurped
by means of violence against or intimidation of
person—the crime is usurpation (Art. 312)
 Prohibitive articles may be the subject matter of
robbery, e.g. opium
 ―belonging to another‖—the property taken does not
belong to the offender
o The person from whom the personal property is
taken need not be the owner
 Possession of the property is sufficient
 Ownership is not necessary
o A co-owner or a partner cannot commit robbery or
theft with regard to the co-ownership or partnership
property
 The naming of the owner is a matter of essential
description of the crime if the crime charged is
robbery with homicide in view of the capital
punishment attached to the crime
o But if the accused is prosecuted only for robbery
with intimidation or violence resulting only in
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
physical injuries, or robbery by the use of force
upon things, the name of the real owner is not
essential
 The taking of the personal property must be unlawful
o The unlawful taking of personal property is an
essential part of the crime of robbery
o Where the taking was lawful and the unlawful
misappropriation was subsequent to such taking—
the crime is estafa or malversation
o The fact that the agents of the authorities,
apparently acting in compliance with the law, but
really with intent to obtain unlawful gain, did, with
intimidation, seize a forbidden article, constitutes
robbery
 As long as the authorities or their agents have not
legally taken charge of the forbidden article, it
continues to be private property, and they have
acted, not as agents of the authorities in the
fulfillment of their duties, but merely as private
parties
 Ownership of the forbidden article passes to the
government only after legal seizure thereof
 Unlawful taking, when complete:
a. As to robbery with violence against or intimidation
of persons—from the moment the offender gains
possession of the thing, even if the culprit has had
no opportunity to dispose of the same
b. As to robbery with force upon things—the thing
must be taken out of the building because if not, it is
only frustrated robbery
 ―taking‖—depriving the offended party of ownership
of the thing taken with the character of permanency
o The taking of personal property belonging to
another should not be under claim of ownership
 Intent to gain is presumed from the unlawful taking of
personal property
o Cannot be established by direct evidence except in
case of confession by the accused
o Must be deduced from the circumstances
surrounding the commission of the offense
o Absence of intent to gain will make the taking of
personal property grave coercion if there is violence
used
 The element of ―personal property belonging to
another‖ and that of ―intent to gain‖ must concur
 Violence must be against the person of the offended
party, not upon the thing taken
 Intimidation exists when it causes the fear of fright of
the victim
o Forms of intimidation: threat of arrest and
prosecution, or pointing a gun or a knife to the
victim
o The taking of personal property need not be
immediately after the intimidation
 It is not necessary that violence or intimidation be
present from the very beginning
Page 60 of 75
 o If there is violence or intimidation at any time ―supplies the controlling qualification,‖ so the law to
before asportation is complete, the taking of apply is Art. 294 (robbery with violence against or
personal property is qualified to robbery intimidation of persons)
 Exception: but when the violence results in  RA 6539 ―Carnapping‖
a. Homicide o The taking, with the intent to gain, of motor vehicle
b. Rape belonging to another without the latter’s consent, or
c. Intentional mutilation, or by means of violence against or intimidation of
d. Any of the serious physical injuries penalized in persons, or by using force upon things
paragraphs 1 and 2 of Art. 263
The taking of personal property is robbery Section 1: Robbery with violence or intimidation of
complexed with any of those crimes under Art. 294, persons
even if the taking was already complete when the
violence was used by the offender 294. Robbery with violence against or intimidation of
o In defining the special complex crimes penalized in persons—Penalties. Any person guilty of robbery with
pars. 1, 2 & 3 of Art. 294, the phrase ―by reason‖ or the use of violence against or intimidation of any person
―accompanied by‖ is used, which indicates that even shall suffer:
if the violence resulting in homicide, rape, 1. The penalty of reclusion perpetua to death, when
intentional mutilation, or serious physical injuries is by reason or on occasion of the robbery, the crime
used by the offender after the taking of personal of homicide shall have been committed; or when
property belonging to another, the crime is still robbery shall have been accompanied by rape or
robbery complexed with any of those crimes intentional mutilation or arson
 ―using force upon anything‖—to enter a house or 2. The penalty of reclusion temporal in its medium
building period to reclusion perpetua, when by reason or on
o The use of force upon things will not make the
occasion of such robbery, any of the physical
taking of personal property robbery, if the culprit
never entered a house or building injuries penalized in subdivision 1 of Art. 263 shall
o Entrance into the building must be effected by any have been inflicted
of the means described in Arts. 299 and 302 3. The penalty of reclusion temporal, when by reason
Violence against or Use of force upon things or on occasion of the robbery, any of the physical
intimidation of person injuries penalized in subdivision 2 of the Art. 263,
If present, there is always There is robbery only if it is shall have been inflicted
robbery used either to enter the 4. The penalty of prision mayor in its maximum
building or to break doors, period to reclusion temporal in its medium period,
wardrobes, chests, or any if the violence or intimidation employed in the
other kind of locked or commission of the robbery shall have been carried
sealed furniture or to a degree clearly unnecessary for the commission
receptacle inside the
of the crime, or when in the course of its
building or to force them
open outside after taking execution, the offender shall have inflicted upon
the same from the building any person not responsible for its commission any
The value of the personal of the physical injuries covered by subdivision 3
property taken is immaterial and 4 of said Art. 263
The penalty depends If committed in an 5. The penalty of prision correccional in its maximum
a. On the result of the inhabited house, public period to prision mayor in its medium period in
violence used, as when building or edifice devoted other cases.
homicide, rape, to religious worship, the  Acts punished as robbery with violence against or
intentional mutilation penalty depends on intimidation of persons:
or any of the serious a. The value of the 1. when by reason or on occasion of the robbery, the
physical injuries property taken, and crime of homicide is committed;
resulted, or when less b. Whether or not the 2. when robbery is accompanied by rape or intentional
serious or slight offenders carry arms mutilation or arson
physical injuries were If committed in an 3. when by reason or on occasion of such robbery, any
inflicted uninhabited building, the of the physical injuries resulting in insanity,
b. Existence of penalty is based on the imbecility, impotency or blindness is inflicted
intimidation only value of the property taken 4. when by reason or on occasion of such robbery, any
 Where robbery, though committed in an inhabited of the physical injuries resulting in the loss of the
place, etc., is characterized by intimidation, this factor use of speech or the power to hear or to smell, or

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 61 of 75

 the loss of an eye, a hand, a foot, an arm, or a leg or
the loss of the use of any such member or incapacity
for the work in which the injured person is
theretofore habitually engaged is inflicted
5. if the violence or intimidation employed in the
commission of the robbery is carried to a degree
clearly unnecessary for the commission of the crime
6. when in the course of its execution, the offender
shall have inflicted upon any person not responsible
for the commission of the robbery any of the
physical injuries in consequence of which the person
injured becomes deformed or loses any other
member of his body or loses the use thereof or
becomes ill or incapacitated for the performance of
the work in which he is habitually engaged for more
than 90 days or the person injured becomes ill or
incapacitated for labor for more than 30 days
7. if the violence employed by the offender does not
cause any of the serious physical injuries defined in
Art. 263, or if the offender employs intimidation
only
 The crime defined in this article is a special complex
crime
o Art. 48 does not apply to the crimes covered by Art.
294 because it only applies when a complex crime is
not punished with a specific penalty
 ―on the occasion‖—in the course of robbery
 ―by reason‖—because of the robbery
 A conviction for robbery with homicide requires
certitude that the robbery was the main purpose and
objective of the criminals and that the killing was
merely incidental, resulting merely by reason or on the
occasion of the robbery
o Where the original design comprehends robbery,
even though homicide precedes robbery by an
appreciable time, the offense is the crime of robbery
with homicide
 Robbery with homicide arises only when there is a
direct relation, an intimate connection, between the
robbery and the killing, even if the killing is prior to,
concurrent with, or subsequent to the robbery
 PARAGRAPH 1: ROBBERY WITH HOMICIDE
o Homicide—understood in its generic sense as to
include parricide and murder
o The juridical concept of robbery with homicide does
not limit the taking of life to one single victim or to
ordinary homicide
 All homicides or murders are merged in the
composite crime of robbery with homicide
o All other aggravating circumstances present will be
considered as generic aggravating circumstances
except for physical injuries where it is absorbed
o There is no special complex crime of:
a. Robbery in band with double homicide and/or
serious, less serious or slight physical injuries
b. Robbery with murder
o This need not be committed inside a building
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
oAn intent to take personal property belonging to
another with intent to gain must precede the killing
o Homicide may precede robbery or may occur after
robbery when there is an intent to take personal
property before the killing
o It is still robbery with homicide
a. when homicide is committed to eliminate an
obstacle to the commission of robbery
b. when homicide is committed to remove
opposition or to suppress evidence
c. when homicide is necessary to defend possession
of stolen goods
d. when homicide is committed to escape after the
commission of robbery
e. when another robber is killed by his companion
f. when an innocent bystander and not the person
robbed is killed
g. if the death of the person supervened by mere
accident
o The Spanish text provides that it is enough that a
homicide resulted, and not actually committed, by
reason or on the occasion of the robbery
o When homicide is not proved, the crime is only
robbery
o When robbery is not proved, the crime is homicide
only
o All who participated in the robbery as principals are
principals in robbery with homicide
o Conviction for highway robbery requires proof that
several accused were organized for the purpose of
committing it indiscriminately
 PARAGRAPH 2: ROBBERY WITH RAPE
o The intent to gain and to take the personal property
belonging to another must precede the rape
o It is not necessary that the rape be committed prior
to or simultaneously with the robbery
 but if rape is committed against a woman in a
house other than that where the robbery is
committed, the rape should be considered a
separate offense
o Even when rape is committed in another place, it is
still robbery
o There is no crime of robbery with attempted rape
o Additional rapes committed on the same occasion
of robbery will not increase the penalty
o When the taking of property after the rape is not
with intent to gain, there is neither theft nor robbery
committed, but 2 distinct crimes of rape and unjust
vexation
o In robbery with rape, the accused should pay the
offended party the value of stolen property and
indemnify the offended woman for damages
 The civil liability is set at P50 000
o When rape and homicide co-exist in the commission
of robbery, rape will only be considered as an
aggravating circumstance making the crime
committed as robbery with homicide
Page 62 of 75
 When physical injuries, defined in Art. 263, 3 and 4, Robbery with violence Grave coercion
are inflicted after the taking of the personal property There is violence used by the offender
had been complete, the serious physical injuries should There is intent to gain Intent to gain is not present
be considered as separate offense for it should be Purpose is to compel
committed ―in the course of its execution‖ another to do something
 Requisites of robbery under the 2nd case of par. 4 of against his will, without
Art. 294 authority of law, but
a. That any of the physical injuries defined in par. 3 believing himself to be the
and 4 of Art. 263 was inflicted in the course of the owner or creditor of such
robbery, and property
b. That any of them was inflicted upon any person not
responsible for the commission of the robbery Robbery Bribery
 Robbery with the use of violence against or Transaction is neither Transaction is mutual and
intimidation of any person under par. 5 of Art. 294 is voluntary or mutual but is voluntary
known as simple as robbery consummated by the use of
o This is also committed when the injury inflicted force or intimidation
upon the offended party on the occasion of robbery Victim did not commit a Victim has committed a
can be qualified only as less serious physical injuries crime crime and gives money or
or slight physical injuries gift to avoid arrest or
 Violation or intimidation need not be present before prosecution
or at the exact moment when the object is taken Victim is deprived of his Victim parts with his money
o Because asportation is a complex fact, a whole money or property by force or property voluntarily
divisible into parts, a series of acts, in the course of or intimidation
which personal violence or intimidation may be
injected 295. Robbery with physical injuries, committed in an
 Robbery with violence or intimidation ―in other cases‖ uninhabited place and by a band, or with the use of
referred to in par. 5 is committed by: firearm on a street, road or alley. If the offenses
1. Snatching money from the hands of the victim and mentioned in subdivisions 3, 4, and 5 of the next
pushing her to prevent her from recovering the preceding article shall have been committed in an
seized property uninhabited place or by a band or by attacking a moving
 Absent of one element will not result in robbery train, street car, motor vehicle or airship, or by entering
but only simple theft
the passengers’ compartments in a train or, in any
2. Grabbing pawn ticket from the hands of another
and intimidating him manner, taking the passengers thereof by surprise in
the respective conveyances, or on a street, road,
 Intimidation exists when the acts executed or words
uttered by the offender are capable of producing fear highway, or alley, and the intimidation is made with the
in the person threatened use of a firearm, the offender shall be punished by the
Robbery thru Threats to extort money maximum period of the proper penalties.
intimidation  Robbery with violence or intimidation when qualified:
There is intimidation by the offender o If any of the offenses defined in subdivisions 3, 4
There is intent to gain and 5 of Art. 294 is committed—
Intimidation is actual and Intimidation is conditional a. In an uninhabited place
immediate or future that is not b. By a band
immediate c. By attacking a moving train, street car, motor
Intimidation is personal It may be through vehicle or airship
intermediary d. By entering the passengers’ compartments in a
Intimidation is directed to Intimidation may refer to train or, in any manner, taking the passengers
the person of the victim the person, honor or thereof by surprise in the respective conveyances
property of the offended e. on a street, road, highway, or alley, and the
party or that if his family intimidation is made with the use of a firearm, the
Gain of the culprit is Gain is not immediate offender shall be punished by the maximum
immediate period of the proper penalties prescribed in Art.
294
 Any of these qualifying circumstances must be alleged
in the information and proved during the trial
 It cannot be offset by a generic mitigating
circumstance
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 63 of 75
 The intimidation with the use of firearm qualifies only
robbery on a street, road, highway or alley
 Art. 295 does not apply to:
a. Robbery with homicide
b. Robbery with rape
c. Robbery with serious physical injuries under par. 1
of Art. 263
296. Definition of a band and penalty incurred by the
members thereof. When more than 3 armed
malefactors take part in the commission of a robbery, it
shall be deemed to have been committed by a band.
When any of the arms used in the commission of the
offense be an unlicensed firearm, the penalty to be
imposed upon all the malefactors shall be the maximum
period of the corresponding penalty provided by law,
without prejudice to the criminal liability for illegal
possession of such unlicensed firearm.
Any member of a band who is present at the
commission of a robbery by the band, shall be punished
as principal of any of the assaults committed by the
band, unless it be shown that he attempted to prevent
the same.
 Outline of the provision:
1. When at least 4 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 such firearms
3. Any member of a band who was present at the
commission of a robbery by the band, shall be
punished as principal of any of the assaults
committed by the band, unless it be shown that he
attempted to prevent the same
 Requisites for liability for the acts of the other
members of the band: (when the following concur)
1. That he was a member of the band
2. That he was present at the commission of a robbery
by that band
3. That the other members of the band committed an
assault
4. That he did not attempt to prevent the assault
o There must be proof that he made an endeavor to
prevent the assault committed by another member
of the band, in order that he may not be held
liable for such assault
 ―clubs‖—are arms which, in the hands of the
members of a band may be as dangerous to the life of
one who would resist the depredations of the band as
are revolvers or bolos.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 When the robbery was not committed by a band, the
robber who did not take part in the assault (or any
other crime) by another is not liable for that assault (or
other crime) but only for the robbery committed
o ―by a band‖—at least 4 armed malefactors taking
part in the commission of robbery
 When there is conspiracy to commit homicide and
robbery, all the conspirators, even if less than 4 armed
men, are liable for the special complex crime of
robbery with homicide
o Proof of conspiracy is not necessary when 4 or more
armed persons committed robbery
 ―any member of a band who is present at the
commission of a robbery by a band‖
o A principal by inducement, who did not go with the
band at the place of the commission of robbery, is
not liable for robbery with homicide, but only for
robbery in band, there being no evidence that he
gave instructions to kill the victim or intended that
this should be done
 There is no complex crime of:
o Robbery with homicide in band
o Robbery in band with multiple rape
 Rape is not considered ―any of the assaults committed
by the band‖ to make liable all the members of the
band, when only one member raped a woman without
the knowledge of his other companions
 RA 8294 considers the use of an unlicensed firearm in
murder or homicide merely as special aggravating
circumstance, and not a separate crime
o The special aggravating circumstance of use of
unlicensed firearm is not applicable to
 robbery with homicide committed by a band
 robbery with rape or intentional mutilation
 robbery with physical injuries defined in
subdivision 1 of Art. 253
297. Attempted and frustrated robbery committed
under certain circumstances. When by reason or on
occasion of an attempted or frustrated robbery a
homicide is committed, the person guilty of such
offense shall be punished by reclusion temporal in its
maximum period to reclusion perpetua, unless the
homicide committed shall deserve a higher penalty
under the provisions of this Code.
 The term ―homicide‖ is used in a generic sense
o Hence, it includes multiple homicides, murder,
parricide or infanticide
 The penalty is the same whether the robbery is
attempted or frustrated as long as homicide is
committed by reason or on occasion of such
 ―unless the homicide committed shall deserve a higher
penalty‖—if the killing, on the occasion of or by
reason of robbery, is qualified by treachery or
relationship
Page 64 of 75
 For attempted robbery with homicide, there should be
an overt act which would lead to the commission of
robbery, but robbery was not committed, despite the
consummation of homicide
o But if there is no overt act of robbery and homicide
is committed, the crime is only homicide
 This article is also applicable to attempted robbery
with homicide by a band
 General Rule: robbery with homicide and attempted
or frustrated robbery with homicide are not covered
by Art. 48 because they are special complex crime
having their own penalties
o Exception: when the offense committed is
attempted or frustrated robbery with serious
physical injuries or when the offense is robbery with
frustrated homicide where the penalty for frustrated
homicide will be imposed
 There is only one crime of attempted robbery with
homicide even if slight physical injuries were inflicted
on other persons on the occasion or by reason of the
robbery
298. Execution of deeds by means of violence or
intimidation. Any person who, with intent to defraud
another, by means of violence or intimidation, shall
compel him to sign, execute, or deliver any public
instrument or document, shall be held guilty of robbery
and punished by the penalties respectively prescribed in
this Chapter.
 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
 The adjective ―public‖ must only describe the word
instrument, hence, this article applies even if the
document signed, executed or delivered is a private or
commercial document
 This article is not applicable if the document is void
 The difference between this article and that of grave
coercion is that there is not intent to gain in the latter
Section 2: Robbery by the use of force upon things
 Robbery by the use of force upon things is committed
only when either
1. The offender entered a house or building by any of
the means specified in Art. 299 or Art. 302
2. Even if there is no entrance by any of those means,
he broke a wardrobe, chest, or any other kind of
locked or sealed furniture or receptacle inside the
building, or he took it away to be broken or forced
open outside
 2 kinds of robbery with force upon things:
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
1. Robbery in an inhabited house or public building or
edifice devoted to religious worship (Art. 299)
2. Robbery in an uninhabited place or in a private
building (Art. 302)
 Essential requisite: the malefactor should enter the
building or dependency where the object to be taken is
found
299. Robbery in an inhabited house or public building or
edifice devoted to worship. Any armed person who shall
commit robbery in an inhabited house or public building
or edifice devoted to religious worship, shall be
punished by reclusion temporal, if the value of the
property taken shall exceed 250 pesos, and if—
A. The malefactors shall enter the house or building
in which the robbery is committed, by any of the
following means:
1. Through an opening not intended for entrance or
egress
2. By breaking any wall, roof, or floor or breaking
any door or window
3. By using false keys, picklocks or similar tools
4. By using any fictitious name or pretending the
exercise of public authority
Or if—
B. The robbery be committed under any of the
following circumstances:
1. By breaking of doors, wardrobes, chests or any
other kind of locked or sealed furniture or
receptacle
2. By taking such furniture or objects away to be
broken or forced open outside the place of the
robbery
When the offenders do not carry arms and the value of
the property taken exceeds 250 pesos, the penalty next
lower in degree shall be imposed.
The same rule shall be applied when the offenders are
armed, but the value of the property taken does not
exceed 250 pesos.
When said offenders do not carry arms and the value
taken does not exceed 250 pesos, they shall suffer the
penalty prescribed in the two next preceding
paragraphs, in its minimum period.
If the robbery be committed in one of the dependencies
of an inhabited house, public building, or building
dedicated to religious worship, the penalties next lower
in degree than those prescribed in this article shall be
imposed.
 Elements: (subsection A)
1. That the offender entered
a. An inhabited place, or
b. Public building, or
c. Edifice devoted to religious worship
Page 65 of 75
 2. That 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, or floor or breaking
any door or window
c. By using false keys, picklocks or similar tools
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
 The offender must ―enter the house or building in
which the robbery is committed‖
o The whole body of culprit must be inside the
building to constitute entering
o There must be evidence or the facts must show that
the accused entered the dwelling house or building
by any of the means enumerated in subdivision (a)
o Thus, where the manner of entrance into the house
was not proven, the crime is theft and not robbery
 Inhabited house—any shelter, ship or vessel,
constituting the dwelling of one or more persons even
though the inhabitants thereof are temporarily absent
therefrom when the robbery is committed
 Public building—every building owned by the
Government or belonging to a private person but
used or rented by the Government, although
temporarily unoccupied by the same
o What makes a building public is not its inauguration
for the purpose intended, but the fact of the State or
any of its agencies having the title thereto
 ―breaking‖—means of entering the building
o The force used in this means must be actual, as
distinguished from that in the other means which is
only constructive force
 The wall broken must be an outside wall, not a wall
between rooms in a house or building, because the
breaking of the wall must be for the purpose of
entering the house or building where the robbery is
committed
o But if a room is occupied by a person as his separate
dwelling, the breaking of its inside wall may give rise
to robbery
 ―door‖—refers to an outside door; it can be no other
than the main or back door which must first be
opened to effect entrance by that means
 There must be an actual breaking or smashing in
opening the door
o Where the door itself is intact, and the accused
entered the store by removing the hinges or hooks
to which the padlocks were attached, as well as the
lock of the door knob, the crime committed was
simple theft
 False keys—genuine keys stolen from the owner or
any keys other than those intended by the owner for
use in the lock forcibly opened by the offender
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
o The genuine key must be stolen, not taken by force
or with intimidation, from the owner
o The use of false key or picklock refers to the mode
of entering the house or building and not to the
method of opening a trunk in the house or to the
method of opening the drawer of the cabinet
 Picklocks or similar tools—specially adopted to the
commission of the crime of robbery
 The use of a fictitious name or the act pretending to
exercise authority must be to enter the building
 Elements: (subdivision B)
1. That the offender is inside a dwelling house, public
building, or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it
2. That the offender takes personal property belonging
to another, with intent to gain, under any of the
following circumstances:
a. By the breaking of doors, wardrobes, chests or
any other kind of locked or sealed furniture or
receptacle
b. By taking such furniture or objects away to be
broken or forced open outside the place of the
robbery
 To commit the robbery defined in subdivision B, it is
not necessary that the offender should have entered
the building by any of the means mentioned in
subdivision A
 The term ―door‖ here in subdivision B refers only to
―doors, lids or opening sheets‖ of furniture or other
portable receptacles
 Breaking the keyhole of the door of a wardrobe, which
is locked, is breaking a locked furniture
 ―to be broken or forced open outside‖—only indicates
the objective element of the offense
o When sealed box or receptacle is taken out of the
house or building for the purpose of breaking it
outside, it is not necessary that it is actually opened
 It is estafa or theft, if the locked or sealed receptacle is
not forced open in the building where it is kept or
taken therefrom to be broken outside
 A bolo is not an arm when used by a servant to open a
trunk in his master’s house
 Arm carried must not be used to intimidate for the
reason that once the circumstance of intimidation
enters in the commission of the crime, it will place the
offense under Art. 294
 The liability for carrying arms while robbing an
inhabited house is extended to each of the offenders
who take part in the robbery, even if some of them do
not carry arms
300. Robbery in an uninhabited place and by a band.
The robbery mentioned in the next preceding article, if
committed in an uninhabited place and by a band, shall
Page 66 of 75
be punished by the maximum period of the penalty
provided therefor.
 The 2 qualifications, uninhabited place and by a band,
must concur to qualify the offense of robbery
 The inhabited house, public building, or edifice
devoted to religious worship must be located in an
uninhabited place
 To be qualified,
Robbery with force upon Robbery with violence
things (Art. 299) against or intimidation of
persons (Art. 295)
Committed in an Committed in an
uninhabited place and by a uninhabited place or by a
band band
301. What is an inhabited house, public building, or
building dedicated to religious worship and their
dependencies. Inhabited house means any shelter, ship
or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery is
committed.
All interior courts, corrals, warehouses, granaries,
barns, coachhouses, stables, or other departments, or
enclosed places contiguous to the building or edifice,
having an interior entrance connected therewith and
which form part of the whole, shall be deemed
dependencies of an inhabited house, public building, or
building dedicated to religious worship.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building, and having direct connection therewith.
The term “public building” includes every building
owned by the Government or belonging to a private
person but used or rented by the Government, although
temporarily unoccupied by the same.
 A sunken ship is included in the term ―ship‖
 The place is still inhabited house even if the occupant
was absent
 3 requisites that must concur to be considered as
dependency:
1. Must be contiguous to the building
2. Must have an interior entrance connected therewith
3. Must form part of the whole
302. Robbery in an uninhabited place or in a private
building. Any robbery committed in an uninhabited
place or in a building other than those mentioned in the
1st par. of Art. 299, if the value of the property taken
exceeds P250.00 shall be punished by prision
correccional in its medium and maximum periods,
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
provided that any of the following circumstances is
present:
1. If the entrance has been effected through any
opening not intended for entrance or egress
2. If any wall, roof, floor, or outside door or window
has been broken
3. If the entrance has been effected through the use
of false keys, picklocks, or other similar tools
4. If any door, wardrobe, chest, or any sealed or
closed furniture or receptacle has been broken
5. If any closed or sealed receptacle, as mentioned in
the preceding paragraph, has been removed, even
if the same be broken open elsewhere
When the value of the property taken does not exceed
P250.00, the penalty next lower in degree shall be
imposed.
In the cases specified in Arts. 294, 295, 297, 299, 300
and 302 of this Code, when the property taken is mail
matter or large cattle, the offender shall suffer the
penalties next higher in degree that those provided in
said articles.
 Elements:
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
2. That any of the following circumstances
(enumerated above) was present:
3. That with intent to gain, the offender took
therefrom personal property belonging to another
 ―building‖—any kind of structure used for storage or
safekeeping of personal property such as freight car
and warehouse
 Pars. Nos. 4 & 5 do not require that the offender must
have entered the uninhabited building through Pars.
Nos. 1, 2 & 3
 The un-nailing of a piece of cloth which was nailed
over the door so as to seal it, the customary manner of
sealing a freight car, is held to be breaking by force
 Breaking of padlock is use of force upon things
 Receptacle—a container
 Motor vehicle, coconuts in the plantation, and fish in
the fishpond are not included in Art. 302
 Penalty is based only on value of property taken
Robbery committed under Robbery committed under
Art. 299 Art. 302
If the store is used as a If the store was not actually
dwelling of one or more occupied at the time of the
persons robbery and was not used
as a dwelling
If the store is a dependency
of an inhabited place
Page 67 of 75
303. Robbery of cereals, fruits, or firewood in an
uninhabited place or private building. In the cases
enumerated in Arts. 299 and 302, when the robbery
consists in the taking of cereals, fruits, or firewood, the
culprit shall suffer the penalty next lower in degree than
that prescribed in said articles.
 ―cereals‖—seedlings which are the immediate product
of the soil
 Palay is cereal and is included in the term ―semilla
alimenticia‖ used in the Spanish text
o The palay must be kept by the owner as seedling or
taken for that purpose by the robber
304. Possession of picklocks or similar tools. Any person
who shall, without lawful cause, have in his possession
picklocks or similar tools especially adopted to the
commission of the crime of robbery, shall be punished
by arresto mayor in its maximum period to prision
correccional in its minimum period.
The same penalty shall be imposed upon any person
who shall make such tools. If the offender be a
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
 Elements of illegal 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
 Actual use of picklocks or similar tools is not
necessary
305. False keys. The term “false keys” shall be deemed
to include:
1. The tools mentioned in the next preceding articles
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner
for use in the lock forcibly opened by the offender
 Possession of false keys in pars. 2 and 3 are not
punishable
Chapter 9: MALICIOUS MISCHIEF
Malicious mischief—the willful damaging of another’s
property for the sake of causing damage due to hate,
revenge or other evil motive
Crimes classified as malicious mischief:
1. Special cases of malicious mischief (Art. 328)
2. Other mischiefs (Art. 329)
3. Damage and obstruction to means of communication
(Art. 330)
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
4. Destroying or damaging statues, public monuments or
paintings (Art. 331)
327. Who are liable for malicious mischief—: Any
person who shall deliberately cause to the property of
another any damage not falling within the terms of the
next preceding chapter, shall be guilty of malicious
mischief.
 Elements:
1. That the offender deliberately caused damage to the
property of another
2. That such act does not constitute arson or other
crimes involving destruction
3. That the act of damaging another’s property be
committed merely for the sake of damaging it
 The 3rd element presupposes that the offender acted
due to hate, revenge or other evil motive
 ―shall deliberately cause to the property of another any
damage‖—offender should act under impulse of a
specific desire to inflict injury to another
o Malicious mischief cannot be committed through
negligence, since culpa and malice are essentially
incompatible
 Malicious mischief embraces not only those which are
inspired by hatred or revenge but also by mere
pleasure of destroying
 If there is no malice in causing the damage, there is
only civil liability
 Damage—not only loss but also diminution of what is
a man’s own
 If intent to gain is present, the crime committed is
theft and not malicious mischief
 The damaging of property must not result from crime
such as when a robber breaks a window
 A person charged with malicious mischief may be
found guilty of damage to property through reckless
imprudence since reckless imprudence is not a crime
in itself but only a way of committing it
328. Special cases of malicious mischief—: Any person
who shall cause damage to obstruct the performance of
public functions, or using any poisonous or corrosive
substance; or spreading any infection or contagion
among cattle; or who causes damage to the property of
the National Museum or National Library, or to any
archive or registry, waterworks, road, promenade, or
any other thing used in common by the public shall be
punished:
1. By prision correccional in its minimum and medium
periods, if the value of the damage caused exceeds
1000pesos
2. By arresto mayor if such value does not exceed the
above-mentioned amount but is over 200pesos;
and
Page 68 of 75
 3. By arresto menor if such value does not exceed
200 pesos
 Special cases of malicious mischief: (also called as
Qualified Malicious Mischief)
1. Causing damage to obstruct the performance of
public functions
2. Using any poisonous or corrosive substance
3. Spreading any infection or contagion among cattle
4. Causing damage to the property of the National
Museum or National library, or to any archive or
registry, waterworks, road, promenade, or any other
thing used in common by the public
Causing damage to obstruct Sedition
the performance of public
functions
Public and tumultuous Public and tumultuous
uprising is not present uprising is present
There is intent to obstruct the performance of public
functions
329. Other mischiefs—: The mischiefs not included in
the next preceding article shall be punished:
1. By arrestor mayor in its medium and maximum
periods, if the value of the damage caused exceeds
1000pesos
2. By arresto mayor in its minimum and medium
periods if such value is over 200pesos but does not
exceed 1000pesos
3. By arresto menor or fine of not less than the value
of the damage caused and not more than
200pesos, if the amount involved does not exceed
200pesos or cannot be estimated
 Mischiefs not included in Art. 328 are punished
according to the value of the damage caused
 Examples of other mischiefs:
o A servant who released a bird from the cage as an
act of hate against its owner
o Scattering human excrement in public building
330. Damage and obstruction to means of
communication—: The penalty of prision correccional in
its medium and maximum periods shall be imposed
upon any person who shall damage any railway,
telegraph or telephone lines.
If the damage shall result in any derailment of cars,
collision, or other accident, the penalty of prision mayor
shall be imposed, without prejudice to the criminal
liability of the offender for the other consequences of
his criminal act.
For the purpose of the provisions of this article, the
electric wires, traction cables, signal system, and other
things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 ―if the damage shall result in any derailment of cars,
collision, or other accident‖—such should not have
been purposely sought for by the offender
 The rails should not be removed from a railway track
to cause destruction, if so, the act is punishable under
Art. 324
 ―telegraph or telephone lines‖—it must pertain to a
railway system, if it doesn’t, it is not punishable under
this Act
 When person or persons are killed
o If there is no intent to kill—damages to means of
communication with homicide
o If there is intent to kill—murder where damages to
means of communication is a means to accomplish
the criminal purpose
331. Destroying or damaging statutes, public
monuments, or paintings—: Any person who shall
destroy or damage statues or any other useful or
ornamental public monuments, shall suffer the penalty
of arresto mayor in its medium period to prision
correccional in its minimum period.
Any person who shall destroy or damage any useful or
ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding
200pesos, or both such fine and imprisonement, in the
discretion of the court.
Chapter 10: EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY
332. Persons exempt from criminal liability—: No
criminal, but only civil liability shall result from the
commission of the crime of theft, swindling, or
malicious mischief committed or caused mutually by
the following persons:
1. Spouses, ascendants and descendants, or relatives
by affinity in the same line
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same shall have passed into the possession of
another, and
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together
The exemption established by this article shall not be
applicable to strangers participating in the commission
of the crime.
 Crimes involved in the exemption: (in their general
sense and not when complexed)
1. Theft
2. Swindling (estafa)
3. Malicious mischief
Page 69 of 75
 This article is only applicable when the offender and
the offended party are relatives and where their
relationship is any of those mentioned
 Reason: the law recognizes the presumed co-
ownership of the property between the offender and
the offended party
 ―Ascendants by affinity‖—stepfather and stepmother
are included
 ―Descendants‖—adopted or natural child are also
included
 ―Spouses‖—concubine or paramour is included
 For the widowed spouse who commits theft, estafa or
malicious mischief with respect to property of
deceased, to be exempt, it is required that:
1. The property belongs to the deceased spouse, and
2. It has not passed into the possession of a third
person
Title 11: CRIMES AGAINST CHASTITY
Crimes against Chastity:
1. Adultery (Art. 333)
2. Concubinage (Art. 334)
3. Acts of lasciviousness (Art. 336)
4. Qualified seduction (Art. 337)
5. Simple seduction (Art. 338)
6. Acts of lasciviousness with the consent of the
offended party (Art. 339)
7. Corruption of minors (Art. 340)
8. White slave trade (Art. 341)
9. Forcible abduction (Art. 342)
10. Consented abduction (Art. 343)
Chapter 1: ADULTERY AND CONCUBINAGE
333. Who are guilty of adultery—: Adultery is
committed by any married woman who shall have
sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her, knowing her
to be married, even if the marriage be subsequently
declared void.
Adultery shall be punished by prision correccional in its
medium and maximum periods.
If the person guilty of adultery committed this offense
while being abandoned without justification by the
offended spouse, the penalty next lower in degree than
that provided in the next preceding paragraph shall be
imposed.
 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
 Presumption of marriage:
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
o A man and a woman lived as husband and wife and
none of them denied or contradicted it
o Declaration of the husband
o Testimony of a witness who was present at the time
of the marriage between the parties
 The offended party, who initiates the adultery case,
must be legally married to the offender at the time of
the criminal case or before the adultery proceedings
are commenced
 Adultery can still be committed even if the marriage be
subsequently declared void
 Carnal knowledge may be proved by circumstantial
and corroborative evidence
o Direct proof of carnal knowledge is not necessary
o But this kind of evidence is not sufficient for the
application of Art. 247 which requires surprising the
spouse in the act of sexual intercourse with another
person
 Each sexual intercourse constitutes a crime of adultery
o The crime of adultery is an instantaneous crime
which is consummated and completed at the moment
of the carnal union
o Adultery, therefore, is not a continuing offense
 Essence of the crime: violation of marital vow
 Gist of the crime: the danger of introducing spurious
heirs into the family, where the rights of the real heirs
may be impaired and a man may be charged with the
maintenance of a family not his own
 Mitigating circumstances: (both defendants are entitled
to this)
o If the person guilty of adultery committed the
offense while being abandoned without justification
by the offended spouse
o A woman’s responsibility arising from her act of
giving herself up to the man who had lent her a
helping hand during such time of want and need
should be considered mitigated two-fold by sheer
necessity
 Acquittal of one of the defendants does not operate as
a cause for acquittal of the other
o Reasons:
a. There may not be a joint criminal intent, although
there is joint physical act
b. One of the parties may be insane and the other
sane
c. A man may not know that the woman is married
d. Death of the woman during pendency of the
action cannot defeat the trial and conviction of the
man
e. Even if the man had left the country and could
not be apprehended, the woman can be tried and
convicted
 Effects of Death
o Death of paramour will not bar prosecution against
the unfaithful wife
o Death of the offended party—proceedings will
continue
Page 70 of 75
  But if he died before a complaint could be filed,
the case cannot go on
 Effect of pardon: Art. 344 requires that—
1. Pardon must come before the institution of the
criminal prosecution, and
2. Both the offenders must be pardoned by the
offended party
 Act of intercourse, between the offending spouse and
the offended spouse, subsequent to adulterous
conduct is an implied pardon
 Effect of consent—a charge of adultery must be
dismissed
o Agreement to separate may bar the offended spouse
from instituting criminal complaint
 Under the law, there is no accomplice in adultery
334. Concubinage—: Any husband who shall keep a
mistress in the conjugal dwelling, or, shall have sexual
intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in
any other place, shall be punished by prision
correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
 3 ways of committing the crime of concubinage:
1. By keeping a mistress in the conjugal dwelling
2. By having sexual intercourse, under scandalous
circumstances, with a woman who is not his wife
3. By cohabiting with her in any other place
 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
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife
c. Cohabiting with her in any other place
3. That as regards the woman, she must know him to
be married
 A married man is not liable for concubinage for mere
sexual relations with a woman, not his wife, which is
not under the mentioned circumstances
 First way—:
o No positive proof of actual intercourse or under a
scandalous circumstance is necessary when the man
keeps his mistress in the conjugal dwelling
o Mistress—a woman taken by the accused into the
conjugal dwelling as a concubine
o Conjugal dwelling—the home of the husband and
wife even if the wife happens to be temporarily
absent on any account
 Second way—:
o Scandal—consists in any reprehensible word or
deed that offends public conscience, redounds to
the detriment of the feelings of honest persons, and
gives occasion to the neighbors’ spiritual damage or
ruin
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
oScandal produced may be in the form of:
a. He and his mistress living in the same room of a
house
b. They appear in public
c. Performs acts in sight of the community which
give rise to criticism and general protest among
the neighbors
o ―under scandalous circumstances‖—refers to the act
of sexual intercourse which may be proved by
circumstantial evidence
o The people in the vicinity are the best witnesses to
prove scandalous circumstances
o When spies are employed and it appearing that none
of the people living in the vicinity has observed any
suspicious conduct on his part in relation with his
co-accused, there is no evidence of scandalous
circumstances
 Third way—:
o Mere cohabitation is sufficient
o Proof of scandalous circumstances is not necessary
o ―Cohabit‖—to dwell together, in the manner of
husband and wife, for some period of time
o A person who keeps a mistress in an apartment
furnished by him is not guilty of concubinage if he
does not live or sleep with her in said apartment
 Reason why adultery is more severely punished than
concubinage
o Because adultery makes possible the introduction of
another man’s blood into the family so that the
offended husband may have another man’s son
bearing his name and receiving support from him
Chapter 2: RAPE AND ACTS OF LASCIVIOUSNESS
335. When and how rape is committed. [repealed by RA
8353, “Anti-Rape Law of 1997]
336. Acts of lasciviousness—: Any person who shall
commit any act of lasciviousness upon other persons of
either sex, under any of the circumstances mentioned in
the preceding article, shall be punished by prision
correccional.
 Elements:
1. That the offender commits any act of lasciviousness
of 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 or intimidation
b. When the offended party is deprived of reason or
otherwise unconscious
c. By means of fraudulent machination or grave
abuse of authority
d. When the offended party is under 12 years of age
or is demented
 Lewd—obscene, lustful, indecent, lecherous
Page 71 of 75
 o What constitutes lewd or lascivious conduct must be 337. Qualified seduction—: The seduction of a virgin
determined from the circumstance s of each case over 12 years and under 18 years of age, committed by
 The motive of lascivious acts is not important because any person in public authority, priest, house servant,
the essence of lewdness is in the very act itself domestic, guardian, teacher, or any person who, in any
 Examples of acts of lasciviousness: capacity, shall be entrusted with the education or
o Compelling a girl to dance naked before men even if custody of the woman seduced, shall be punished by
the dominant motive is revenge for her failure to prision correccional in its minimum and medium
pay a debt periods.
o Embracing, kissing and holding girl’s breast against
her will when prompted by lust or lewd designs The penalty next higher in degree shall be imposed
 If there is absence of lewd designs, it is only unjust upon any person who shall seduce his sister or
vexation descendant, whether or not she be a virgin or over 18
 Lover’s embraces and kisses are not acts of years of age.
lasciviousness
o Placing a man’s private parts over a girl’s genital Under the provisions of this Chapter, seduction is
organ is an act of lasciviousness committed when the offender has carnal knowledge of
 Moral compulsion amounting to intimidation is any of the persons and under the circumstances
sufficient described herein.
Abuses against chastity Offenses against chastity  2 classes of qualified seduction:
(Art. 246) 1. Seduction of a virgin over 12 years and under 18
Committed by a public Committed by, in majority years of age by certain persons, such as, a person in
officer of cases, private individual authority, priest, teacher, etc.
A mere immoral or Not necessary that some 2. Seduction of a sister by her brother, or descendant
indecent proposal made actual act of lasciviousness by her ascendant, regardless of her age or reputation
earnestly and persistently is should have been executed  Elements of qualified seduction of a virgin:
sufficient by the offender 1. That the offended party is a virgin, which is
presumed if she is unmarried and of a good
Attempted rape Acts of Lasciviousness reputation
The lascivious acts are The lascivious acts are the 2. That she must be over 12 and under 18 years of age
preparatory acts to the final objective sought by the 3. That the offender has sexual intercourse with her
commission of rape offender 4. That there is abuse of authority, confidence or
There is clear indication relationship on the part of the offender
that the purpose was to lie  If the woman is married and the offender knows it,
with the offended woman having sexual intercourse with her is adultery
 While committing an act amounting to attempted rape,  If the victim is less than 12 years of age, the crime is
the offender desisted but acts of lasciviousness were rape
already committed, the offender will be liable under  If the victim is over 18 years of age, qualified
Art. 336 seduction is not committed
 There are no frustrated and attempted acts of o If there was no force or intimidation, or the woman
lasciviousness is not unconscious or otherwise deprived of reason,
there is no crime at all
Acts of lasciviousness Unjust vexation
 ―virginity‖—must not be understood in so material a
Lewd design must be Lewd design is not present sense as to exclude the idea of abduction of a virtuous
present woman of good reputation
Committed by any of the 4 Usually not accompanied by
 Offenders in qualified seduction:
circumstances force or intimidation
1. Those who abused their authority
a. Person in public authority
Chapter 3: SEDUCTION, CORRUPTION OF MINORS, b. Guardian
AND WHITE SLAVE TRADE c. Teacher
Seduction—enticing a woman to unlawful sexual d. Person who, in any capacity, is entrusted with the
intercourse by promise of marriage or other means of education or custody of the woman seduced
persuasion without the use of force 2. Those who abused confidence reposed in them
a. Priest
Kinds of seduction: b. House servant
1. Qualified seduction (Art. 337) c. Domestic
2. Simple seduction (Art. 338) 3. Those who abused their relationship
a. Brother who seduced his sister
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 72 of 75
 b. Ascendant who seduced his descendant
 Not an element of qualified seduction:
o Deceit
o Consent of the girl
 Examples of qualified seduction:
o Qualified seduction by a teacher even when the
teacher is not in charge of the education and
instruction of the offended party so long as he is a
teacher in the same school
o Qualified seduction by the master against a servant
o Qualified seduction by head of the family against the
cousin of his wife who is living with them
o Qualified seduction by a servant against his master’s
daughter
o Qualified seduction by seducing a sister or
descendant
 Considered as incest
 Relationship must be by consanguinity but need
not be legitimate
 ―domestic‖—a person usually living under the same
roof, pertaining to the same house
o All persons residing with the family and who are
members of the same household, regardless of the
fact that their residence may only be temporary or
that they may be paying for their board and lodging
 If any of the circumstances in the crime of rape is
present, then the crime is punished under Rape
 The accused charged with rape cannot be convicted of
qualified seduction under the same information
338. Simple seduction—: The seduction of a woman
who is single or a widow of good reputation, over 12
but under 18 years of age, committed by means of
deceit, shall be punished by arresto mayor.
 Elements:
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
 Virginity of the offended party is not required because
all that is necessary is she be of good reputation
 Deceit—generally takes the form of unfulfilled
promise of marriage and this promise need not
immediately precede the carnal act
o Also present in unfulfilled promise of material
things
o Promise of marriage by a married man is deceit
o Promise of marriage after sexual intercourse does
not constitute deceit
 Because the promise of marriage must be the
inducement and the woman yield because of such
promise
 Simple seduction is not a continuing offense because
one cannot lose her virginity twice
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
 Purpose: to punish the seducer, who by means of
promise of marriage, destroys the chastity of an
unmarried female of previous chaste character
339. Acts of lasciviousness with the consent of the
offended party—: The penalty of arresto mayor shall be
imposed to punish any other acts of lasciviousness
committed by the same persons and under the same
circumstances as those provided in Arts. 337 and 338.
 Elements:
1. That the offender commits acts of lasciviousness or
lewdness
2. That the acts are committed upon a woman who is
virgin or single or widow of good reputation, under
18 years of age but over 12 years, or a sister or
descendant regardless of her reputation or age
3. That the offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit
 Males cannot be the offended party in this crime since
there is no mention of ―persons of either sex‖ as the
offended party
 ―with the consent of the offended party‖—consent is
obtained by abuse of authority, confidence or
relationship or by means of deceit
Article 336 Article 339
Acts are committed under Acts are committed under
circumstances which, had circumstances which, had
there been carnal there been carnal
knowledge, would amount knowledge, would amount
to rape to either qualified or simple
seduction
340. Corruption of Minors—: Any person who shall
promote or facilitate the prostitution or corruption of
persons under age to satisfy the lust of another, shall be
punished by prision mayor and if he culprit is a public
officer or employee, including those in government-
owned or controlled corporations, he shall also suffer
the penalty of temporary absolute disqualification.
 Habituality or abuse of authority or confidence is not
necessary
 The single act of facilitating the corruption of a minor
by, even without abuse of authority or confidence,
placing her at another’s disposal for immoral purposes
is now a crime
 It is not necessary that the unchaste acts hall have
been done
o A mere proposal will consummate the offense
o What the law punishes is the act of a pimp who
facilitates the corruption of the minor
 The offended party must be of good reputation
341. White slave trade—: The penalty of prision
correccional in its medium and maximum periods shall
be imposed upon any person who, in any manner, or
Page 73 of 75
under any pretext, shall engage in the business or shall  If the female abducted is under 12 years of age, the
profit by prostitution or shall enlist the services of crime is forcible abduction, even if she voluntarily
women for the purpose of prostitution. goes with her abductor
 Acts penalized as white slave trade: o Not necessary that she be abducted against her will
1. Engaging in the business of prostitution  Sexual intercourse is not necessary in forcible
2. Profiting by prostitution abduction
3. Enlisting the services of women for the purpose of o Intent to seduce is sufficient
prostitution o If there is sexual intercourse after the forcible
 One of those above-mentioned acts is sufficient to abduction and the offender used any of the ways of
constitute the offense committing rape, the offender is liable for the
 Habituality is not a necessary element of white slave complex crime of forcible abduction with rape
trade  Lewd designs:
 The offender is any person who maintains or engages o May be shown by the conduct of the accused
in the business of prostitution, hence, he need not be o Present in hurried ceremony of marriage by force
the owner of the house especially when the woman cannot give consent
legally
 Maintainer or manager of house of ill-repute need not
 Intention to marry does not constitute unchaste
be present therein at the time of raid or arrest
designs when both defendant and the woman
o His presence at the time of the raid it not a
have the required age for consenting to marriage
condition to a criminal prosecution against him
 When there are several defendants, it is enough that
one of them had lewd designs to convict them of
Chapter 4: ABDUCTION
crime of abduction
Abduction—taking away of a woman from her house or  The husband cannot be found guilty of the crime of
the place where she may be for the purpose of carrying her forcible abduction of his wife, the element of unchaste
to another place with intent to marry or to corrupt her or lewd design being wanting
Forcible abduction Grave coercion
Kinds of abduction: There is violence or intimidation used by the offender
1. Forcible abduction (Art. 342) The offended party is compelled to do something against
2. Consented abduction (Art. 343) her will
Lewd design is present There is no lewd design
342. Forcible abduction—: The abduction of any woman
against her will and with lewd designs shall be punished Forcible abduction Corruption of minors
by reclusion temporal. There is lewd design There is no lewd design
The same penalty shall be imposed in very case, if the Purpose is to lend the
female abducted be under 12 years of age. offended party to illicit
intercourse with others
 Elements:
1. That the person abducted is any woman, regardless Forcible abduction Kidnapping and serious
illegal detention
of her age, civil status, or reputation
2. That the abduction is against her will There is lewd design There is no lewd design
3. That the abduction is with lewd designs There is deprivation of liberty
 In forcible abduction, the act of the offender is
violative of the individual liberty of the abducted, her Forcible abduction with Kidnapping with rape
honor and reputation, and of public order rape
The violent taking is The violent taking is not
 The virginity of the offended woman is not an
motivated by lewd designs motivated by lewd designs
essential elemet
Offense against chastity Offense against personal
 Crimes against chastity where age and reputation of liberty
victim are immaterial:
1. Rape  Complex crimes:
2. Acts of lasciviousness against the will or without the o Forcible abduction with rape
consent of the offended party o One count of forcible abduction with rape and 3
3. Qualified seduction of sister or descendant separate acts of rape
4. Forcible abduction  There is no complex crime of forcible abduction with
 The taking away of the woman may be accomplished attempted rape being that the attempt to rape is
by means of deceit first and then by means of violence absorbed by the abduction as considered as the lewd
and intimidation design of forcible abduction

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 74 of 75

 Forcible abduction Rape
There was an abduction but Absorbs forcible abduction
the resistance of the woman if the main objective was to
to the alleged rape was not rape the victim
tenacious
 There is an attempted forcible abduction
 Conviction of acts of lasciviousness is not a bar to
conviction of forcible abduction because one of these
two crimes involves some important act which is not
an essential element of the other
Forcible abduction Acts of lasciviousness
Actual illicit relations with Lecherous acts must have
the woman abducted need actually been committed
not be shown
The person abducted must The lustful acts may be
be a woman committed upon persons of
either sex
343. Consented abduction—: The abduction of a virgin
over 12 and under 18 years of age, carried out with her
consent and with lewd designs, shall be punished by the
penalty of prision correccional in its minimum and
medium periods.
 Elements:
1. That the offended party must be a virgin
2. That she must be over 12 and under 18 years of age
3. That the taking away of the offended party must be
with her consent, after solicitation or cajolery from
the offender
4. That the taking away of the offended party must be
with lewd designs
 If the offended party is under 12 years of age, the
crime committed is forcible abduction, even if the girl
agrees to the elopement
 Purpose of the law: to prescribe punishment for the
disgrace to her family and the alarm caused therein by
the disappearance of the one who is, be her age and
sex, susceptible to cajolery and deceit
 The taking away need not be with some character of
permanence but always with lewd design
 The offended party need not be taken from her house
 Consent f the minor to being taken away may be due
to honeyed promises of marriage by the offender
 When there was no solicitation or cajolery and no
deceit and the girl voluntarily went with the man, there
is no crime committed even if they had sexual
intercourse
 There is a complex crime of consented abduction with
rape
Chapter 5: PROVISIONS RELATIVE TO THE PRECEDING
CHAPTERS OF TITLE 11
344. Prosecution of the crimes of adultery, concubinage,
abduction, rape, and acts of lasciviousness—: The
crimes of adultery and concubinage shall not be
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011)
prosecuted except upon a complaint filed by the
offended spouse.
The offended party cannot institute criminal
prosecution without including both the guilty parties if
they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenders of seduction, abduction, rape, or acts f
lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents, or guardian, not, in any case, if the
offender has been expressly pardoned by the above-
named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness,
and rape, the marriage of the offender with the
offended party shall extinguish the criminal action or
remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to
the co-principals, accomplices, and accessories after the
fact of the above-mentioned crimes.
345. Civil liability of persons guilty of crimes against
chastity—: Persons guilty of rape, seduction, or
abduction, shall also be sentenced:
1. To indemnify the offended woman
2. To acknowledge the offspring, unless the law
should prevent him from doing so
3. In every case, to support the offspring
The adulterer and the concubine, in the case provided
in Articles 333 and 334, may also be sentenced, in the
same proceeding or in a separate civil proceeding, to
indemnify for damages caused to the offended spouse.
346. Liability of ascendants, guardians, teachers, or
other persons entrusted with the custody of the
offended party—: The ascendants, guardians, curators,
teachers, and any person who, by abuse of authority or
confidential relationship, shall cooperate as accomplices
in the perpetration of the crimes embraced in chapters
2nd, 3rd and 4th of this title, shall be punished as
principals.
Teachers or other persons in any other capacity
entrusted with the education and guidance of youth,
shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual
special disqualification.
Any person falling within the terms of this article, and
any other person guilty of corruption of minors for the
benefit of another, shall be punished by special
disqualification from filling the office of guardian.
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