RPC-Book-2_JRM.ppt

CRIMINAL LAW
REVISED PENAL CODE
Book II
Atty. Juvy Ramirez-Manwong

Classification of FELONIES according
to their NATURE
1) Crimes against National Security and the Law of Nations. P .2-40
2) Crimes against the Fundamental Laws of the State.p.41- 86
3) Crimes against Public Order.
4) Crimes against Public Interest.
5) Crimes relative to Opium and Other Prohibited Drugs.
6) Crimes against Public Morals.
7) Crimes Committed by Public Officers.
8) Crimes against Persons.
9) Crimes against Personal Liberty and Security.
10) Crimes against Property.
11) Crimes against Chastity.
12) Crimes against the Civil Status of Persons.
13) Crimes against Honor. p. 184
14) Quasi Offenses.

CRIMES AGAINST NATIONAL
SECURITY & THE LAW OF NATIONS
1) Treason.
2) Conspiracy and proposal to Commit Treason.
3) Misprision of Treason.
4) Espionage.
5) Inciting to War or Giving Motives for Reprisals.
6) Violation of Neutrality.
7) Correspondence with Hostile Country.
8) Flight to Enemy Country.
9) Piracy and Mutiny.
10) Qualified Piracy.

TREASON
Art. 114
It is the breach of allegiance which is the
obligation of fidelity and obedience one owes to
the government or sovereignty under which he
lives, in return for the protection he receives.
o0o
It can be committed in time of war only.

WHAT ARE THE ELEMENTS
OF TREASON?
1) That the offender owes allegiance to the
Government of the Philippines;
2) That there is war in which the Philippines is
involved; and
3) That the offender either –
a) levies war against the Government, or
b) adhere to the enemies, giving them or
comfort.

WHO MAY COMMIT TREASON?
A. FILIPINO CITIZENS owing natural
allegiance to the Government of the
Philippines, and
B. RESIDENT ALIENS owing temporary
allegiance to the Government of the
Philippines.

WHAT ARE THE TWO (2) WAYS
OF COMMITTING TREASON?
1) BY LEVYING WAR AGAINST THE
PHILIPPINES –
2) BY ADHERING TO THE ENEMY GIVING
THEM AID AND COMFORT –
WHERE?
Within the Philippines or elsewhere.

WHAT IS REQUIRED TO BE CONVICTED
FOR TREASON?
To be convicted of TREASON, there must be
two witnesses to same overt act OR on
confession of the accused in open court.
“TWO WITNESS RULE”
OR
“SEVERELY RESTRICTIVE RULE”

WHAT IS THE PENALTY FOR TREASON?
Filipino Citizens – Reclusion Perpetua (to
Death) and a fine not to exceed P100,000.00
pesos.
Resident Aliens – Reclusion Temporal (to
Death) and a fine not to exceed P100,000.00
pesos.

CONSPIRACY
TO COMMIT TREASON
Art. 115
HOW IS CONSPIRACY TO COMMIT TREASON
COMMITTED?
It is committed when two (2) or
more persons come to an agreement
concerning the commission of treason
and decided to commit it.

PROPOSAL
TO COMMIT TREASON
Art. 115
HOW IS PROPOSAL TO COMMIT TREASON
COMMITTED?
It is committed when a person who
has decided to commit treason proposes
its execution to some other person or
persons.

MISPRISION OF TREASON
Art. 116
WHAT IS MISPRISION OF TREASON?
It is the concealment or failure to disclose or
make known as soon as possible to the
governor , fiscal, or the mayor in which he
resides of any CONSPIRACY TO COMMIT
TREASON.

ELEMENTS:
1) The offender must be owing allegiance to the
Government, and must not be a foreigner.
2) He has knowledge of any conspiracy (to
commit treason) against the Government.
3) He conceals or does not disclose and make
known the same as soon as possible.
4) To the Governor, Fiscal or Mayor in which the
offender resides.

WHO MAY COMMIT MISPRISION
OF TREASON?
Any person owing allegiance to the Government, who
is not a foreigner.
WHAT IS THE CRIMINAL LIABILITY OF
A PERSON GUILTY OF MISPRISION
OF TREASON?
ACCESSORY to the crime of TREASON.

ESPIONAGE
Art. 117
HOW IS THE CRIME OF ESPIONAGE COMMITTED?
It is committed by 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 confidential nature relative to
the defense of the Philippines; or
(2) being in possession, by reason of the public office he holds, of the
articles, data or information which are of confidential nature,
discloses their contents to a representative of a foreign nation.

PROVOKING WAR AND DISLOYALTY
IN CASE OF WAR
WHAT ARE THE CRIMES CLASSIFIED AS PROVOKING WAR?
They are:
(1) Inciting to war or giving motives for reprisals, and
(2) violation of neutrality.
WHAT ARE THE CRIMES INVOLVING DISLOYALTY IN CASE
OF WAR?
They are:
(1) Correspondence with hostile country, and
(2) Flight to enemy’s country.

Inciting to war or giving motives
for reprisals.
Art. 118.
WHO MAY COMMIT? HOW COMMITTED?
It is committed any public officer or employee, and
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.

Violation of neutrality.
Art. 119
Elements:
(a) There is war in which the Philippines is not
involved,
(b) Competent authorities have issued regulations to
enforce neutrality; and
(c) The offender violates any of said regulations.

Correspondence with hostile country.
Art. 120
Elements:
(a) That there is a war in which the Philippines is in involved;
(b) That the offender shall have correspondence with an
enemy country or territory occupied by enemy troops; and
(c) That said correspondence is
(1) Prohibited by the government;
(2) Carried on in ciphers or conventional signs; and
(3) Notice or information be given thereby which might
be useful to the enemy or intended by the offender to aid the
enemy.

Flight to enemy country.
Art. 121.
Elements:
(a) Existence of war in which the Philippines is involved;
(b) The offender owes allegiance to the Philippines; and
(c) He attempts to flee to enemy country which is prohibited
by the government.
*The mere attempt to flee is punished by law.
*This felony may also be committed by a foreigner as he owes
allegiance to the government even though temporary in
nature.

PIRACY
Art. 122
WHAT IS PIRACY?
It is the act of attacking or seizing a vessel,
or seizing the whole or part of the cargo of
the vessel, its equipment, or personal
belongings of its complement or
passengers.

WHO MAY COMMIT PIRACY?
Any person who is not a member of the complement or
crew of the vessel nor a passenger of the vessel.
WHERE MAY PIRACY BE COMMITTED?
It may be committed-
(1) On the high seas, or
(2) In Philippine waters.

MUTINY
Art. 124
WHAT IS MUTINY?
It is the unlawful resistance to a superior
officer, as the raising of commotions and
disturbances on board a ship against the
authority of its commander.
It being a crime against the law of nations, the
crime may be prosecuted and punished in any
country where the offenders may be found.

QUALIFIED PIRACY
Art. 123
WHAT ARE THE CIRCUMSTANCES THAT QUALIFIES PIRACY
MAKING IT PUNISHABLE WITH RECLUSION PERPETUA TO
DEATH?
The qualifying circumstances are:
1) Whenever the offenders have seized the vessel by boarding or
firing the same,
2) Whenever the pirates have abandoned their victims without
means of saving themselves, and
3) Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape.

Penalty for Piracy and Mutiny
Reclusion Perpetua.

PIRACY vs. MUTINY
Piracy distinguished from Mutiny
1) Both are felonies against the law of nations.
2) In piracy, the attack of the vessel comes from the outside.
The offenders are strangers to the vessel, that is, neither
passengers nor members of the crew. In mutiny, the
offenders are crew members.
3) In piracy, intent to gain is the moving factor for the
offenders. In mutiny, intent to gain is not the intention of the
offenders.

CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
1) Arbitrary detention.
2) Delay in the delivery of detained person to the proper
judicial authorities.
3) Delaying release.
4) Expulsion.
5) Violation of domicile.
6) Search warrants maliciously obtained and abused in
the service of those illegally obtained.
7) Searching domicile without witnesses.
8) Prohibition, interruption and dissolution of peaceful
meeting.
9) Interruption of religious worship
10) Offending the religious feelings.

ARBITRARY DETENTION
Art. 124
WHAT IS ARBITRARY DETENTION?
It is the deprivation by a PUBLIC OFFICER of the liberty of a
person without any legal ground. If the offender is a private person,
illegal detention is committed.
3 KINDS:
Those punished under
(a) Arbitrary detention by unlawfully arresting and detaining a person
under Art. 124;
(b) Delay in the delivery of detained persons to the proper judicial
authorities under Art. 125; and
(c) Delaying release of a prisoner under Art. 126.

Elements of arbitrary detention by unlawfully arresting and
detaining a person under under Art. 124:
(1) Offender is a public officer or employee;
(2) He detains a person; and
(3) without legal grounds.
The legal grounds of detention are:
(a) commission of a crime; and
(b) violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital, like leprosy.

Delay in the delivery of detained persons to
the proper judicial authorities.
Art. 125
• In this felony, the detention is legal but the public
officer failed to deliver the detained person to the
proper judicial authorities within the period of:
(a) 12 hours, for crimes or offenses punishable by light
penalties;
(b) 18 hours, for crimes or offenses punishable by
correctional penalties; and
(c) 36 hours, for crimes or offenses punishable by
afflictive or capital penalties

“Judicial Authorities”
They are the JUSTICES of the Supreme Court
and Court of Appeals, the JUDGES of the
Regional Trial Court, Municipal Trial Court, and
Municipal Circuit Trial Courts.
*Public Prosecutors are not considered judicial
authorities.

DELAYING RELEASE
Art. 126
ELEMENTS:
1) The offender is a PUBLIC OFFICER or EMPLOYEE.
2) That there is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a proceeding upon a
petition for the liberation of such person.
3) The offender without good reasons delay –
(a) the serving of the notice of such order to the prisoner, or
(b) the performance of such judicial or executive order for the
release of the prisoner, or
(c) the proceedings upon a petition for the release of such
person.

EXPULSION
Art. 127
HOW IS THE CRIME OF EXPULSION COMMITTED?
It is committed-
(1) by expelling a person from the Philippines, and
(2) by compelling a person to change his
residence, without authority of law.
WHO MAY COMMIT THE CRIME OF EXPULSION?
Only PUBLIC OFFICERS or EMPLOYEES.

VIOLATION OF DOMICILE
Art. 128
WHAT ARE THE CRIMES KNOWN AS VIOLATION OF DOMICILE?
They are:
(1) Violation of domicile by entering a dwelling against the will of
the owner thereof or making search without the previous consent
of the owner,
(2) Search warrants maliciously obtained and abuse in the service
of those legally obtained, and
(3) Searching domicile without witnesses.

Elements of violation of domicile by entering
and/or searching the dwelling:
(1) The offender is public officer or employee,
(2) He is not authorized by judicial order,
(3) He performs any of the following acts:
a) Enters any dwelling against the will of the owner thereof,
b) Search papers or other effects found therein without the
previous consent of such owner, or
c) By refusing to leave the premises, after having
surreptitiously entered said dwelling, and after having been
required to leave the premises.

Search warrants maliciously obtained and
abuse in the service of those legally obtained
Art. 129
Art. 129 punishes two acts, namely:
(a) procuring a search warrant without just cause;
and
(b) exceeding the authority or using unnecessary
severity in executing a search warrant legally
obtained.
*The offender is a public officer or employee.

Searching domicile without
witnesses.
Art. 130
A public officer commits this crime if with a valid
search warrant, he shall search domicile, papers
or effects of a person in the absence of -
(a) the owner thereof;
(b) or any member of his family; and
(c) in their default, without the presence of two
witnesses residing in the same locality.

Prohibition, Interruption and Dissolution
of Peaceful Meetings.
Art. 131
ACTS OF PUBLIC OFFICERS PUNISHED UNDER ART. 131:
Without legal ground
1) Shall prohibit or interrupt the holding of a peaceful meeting or
dissolve the same.
2) Shall hinder any person from joining any lawful association or
from attending any of its meetings.
3) Shall prohibit or hinder any person from addressing any petition
to the authorities for correction of abuses or redress of grievances.

Interruption of religious worship.
Art. 132
This crime is committed by a public officer in two ways:
(a) preventing, or
(b) disturbing the ceremonies or manifestation of any
religion.
The special qualifying aggravating circumstances are:
(a) violence, and (b) threats.
*This crime is punished to protect the constitutional rights of
freedom of religion.

Offending the Religious Feelings.
Art. 133
The act of the accused must be-
(a) notoriously offensive to the feelings of the faithful; and
(b) performed in a place devoted to religious worship or during
the celebration of a religious ceremony.
*This is the only crime against the fundamental laws of the
State that may be committed not only by a public officer but
also by a private person.

CRIMES AGAINST PUBLIC ORDER
1) Rebellion, sedition and disloyalty.
2) Crimes against popular representation.
3) Illegal assemblies and associations.
4) Assault upon, and resistance and disobedience to
persons in authority or their agents.
5) Public disorders.
6) Evasion of service of sentence.
7) Commission of another crime during service of
penalty imposed for another previous offense.

Rebellion or Insurrection
Art. 134
HOW COMMITTED?
It 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
Philippines or any part thereof, or any body of
land, naval or other armed forces, or of depriving
the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives.

Elements:
1) There must be (a) public uprising and (b) taking arms against
the Government,
2) The purpose of the uprising or movement is either
(a) To remove allegiance to the Government or its laws, the
Philippine territory or any part thereof, or any body of land, naval
or other armed forces; or
*The purpose of the uprising is political, that is, to overthrow
the duly constituted government in order to establish another
form of government.
(b) To deprive the Chief Executive or the Legislature, wholly
or partially of any of their powers or prerogatives.

REBELLION vs. TREASON
Rebellion distinguished from treason:
The distinction lies in the purpose of levying war
and not in the magnitude of the movement. If the
levying of war is done to aid the enemy, it is treason,
if not, it is rebellion.
In treason, the purpose is to deliver the
government to the enemy; in rebellion, the purpose
is to substitute the existing government with
another.

WHO MAY BE HELD LIABLE FOR REBELLION OR
INSURRECTION?
Those liable are (a) leaders and (b) followers.
WHO IS DEEMED THE LEADER IN REBELLION OR
INSURRECTION?
The leader is any person who promotes, maintains or heads
a rebellion. If the leader is unknown, any person who directed
the others, spoke for them, signed receipts and other
documents issued in their name, or performed similar acts on
behalf of the rebels, shall be deemed the leader of such
rebellion.

Coup d‘ etat
Article 134-A
It 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 network, public utilities or other
facilities needed for the exercise and continued
possession of power, singly or simultaneously carried
out anywhere in the Philippines 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.

HOW IS THE CRIME OF COUP D’ ETAT COMMITTED?
The crime of coup d’ etat is committed:
HOW – by way of swift attack accompanied by violence, intimidation, threat,
strategy or stealth.
AGAINST WHOM OR WHAT – against duly constituted authority of the Republic of
the Philippines, or any military camp or installation, communication networks,
public utilities or other facilities needed for the exercise and continued possession
of power.
NUMBER OF OFFENDERS – singly or simultaneously carried out anywhere in the
Philippines.
BY WHOM – 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.
PURPOSE – to seize or diminish state power.

Penalty for rebellion, insurrection or
coup d'etat.
Art. 135
1. Person who promotes, maintains or heads
rebellion or insurrection shall suffer the
penalty of reclusion perpetua.
2. Merely participating or executing the
commands of others in a rebellion or
insurrection shall suffer the penalty of
reclusion temporal.

3. Person who leads or in any manner directs or
commands others to undertake a coup d’etat shall
suffer the penalty of reclusion perpetua.
4. Person in the government service who
participates or executes directions or commands of
others in undertaking coup d’etat shall suffer the
penalty of reclusion temporal in its maximum period.
5. Person not in government service who – a)
participates, b) 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.

Conspiracy to commit coup d'etat,
rebellion or insurrection.
Art. 136
HOW COMMITTED?
It is committed when two or more persons come
to an agreement to commit coup d’ etat,
rebellion or insurrection and decide to commit
it.

Proposal to commit coup d‘ etat,
rebellion or insurrection.
Art. 136
HOW COMMITTED?
It is committed when a person who has
decided to commit the crime of coup d’ etat,
or rebellion/insurrection proposes its
execution to some other persons.

Disloyalty of Public Officers
or Employees.
Art. 137
This is committed by public officers in three ways:
(a) failing to resist a rebellion by all means in their power;
(b) continuing to discharge their office under the control of
the rebels; or
(c) accepting an appointment under the rebel government.
*Actual rebellion must exist for this crime to be committed.

Inciting a Rebellion or Insurrection.
Art. 138
WHO MAY COMMIT? HOW COMMITTED?
It may be committed by 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. 134 (Rebellion or
Insurrection) of the RPC, by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.

Sedition
Art. 139
HOW COMMITTED?
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 of all its property or any part thereof.

Problem:
Don Ignacio owns Hacienda Maria, a vast tract of land devoted
to planting rice and corn. His tenants and farmers nurtured a grudge
and ill feeling towards him because he is very inconsiderate and does
not share a part of his profits with them. Tired and angered by this
situation, Daniel, a farmer, decided to violently destroy, together with
other workers the corn plantations of Don Ignacio. He proposed to
George, another farmer, that they will rise publicly and tumultuously
and destroy all the corn plantations of Don Ignacio.
(a) What crime if any did Daniel commit?
(b) What if George acceded to the plan, what crime is
committed and by whom?
(c) Supposing nobody acceded to Daniel’s plan so he alone
executed the act, what crime if any did he commit?

Answers:
(a) Daniel did not commit any crime even if he proposed the
commission of sedition to George. Proposal to commit sedition
is not a crime.
(b) If George agreed, George and Daniel would be liable for
conspiracy to commit sedition.
(c) If Daniel alone committed the offense, he would be liable for
direct assault in the first form.
Direct assault in the first form is committed when without public
uprising, the offender employs force or intimidation for the
attainment of any of the purposes enumerated in defining the
crime of sedition. In this case, there is a commission of an act of
hate or revenge against the property of a private person for a
social end. (Art. 139, (4)141, and 148 of the RPC)

DIRECT ASSAULT
2 KINDS:
1. Without public uprising, by employing force or
intimidation for the attainment of any of the
purposes enumerated in defining the crime of
rebellion, or of any of the objects of sedition; (NOT
POPULAR KIND) and
2. By attacking, by employing force or by seriously
intimidating or resisting any person in authority or
any of his agents while engaged in the performance
of official duties or on the occasion of such
performance (COMMON KIND).

FIRST FORM OF DIRECT ASSAULT:
• Committed without a public uprising by
employing force or intimidation to attain any
of the purposes of Rebellion or Sedition.

Examples:
a. X is a sugarcane planter in Hacienda Ymana.
He nurtured a grudge and ill feeling against
Don Geraldo, the owner of the hacienda
because he had not been giving his workers
their due share and benefits. He wanted Don
Geraldo to change. X attacked Don Geraldo
with fist blows and kick blows. What crime did
X commit?

Answer:
He committed Direct Assault. The offended
party need not be a person in authority or his
agent. What is controlling is the purpose of
the offender. X used force against the victim
as an act of hate or revenge against a private
person for a social end.

b. X an election registrar insulted Y in front of
many people. Y did not forget that incident. One
day, Y chanced upon X. Y boxed X repeatedly to
avenge the public humiliation that he earlier
suffered because of X. What crime did Y
commit?
Answer:
He committed Direct Assault (first form).
Without a public uprising, he attacked Y, a
public officer to inflict an act of hate or revenge.

C. Martin engaged in a fist fight with John, an
election officer, wherein Martin suffered a big
lump in the forehead. One day, when Martin
chanced upon John, he thought of taking
revenge on the latter for the injury he
suffered. Martin hit John’s head with a bottle,
causing the latter to fall unconscious. What
crime did Martin commit?

Answer:
Martin committed Direct Assault. Although the act of Martin
in hitting John’s head was not by reason of the latter’s
performance of duty as an election officer, the act falls within
the coverage of direct assault in the first form.
Under the crime of Direct Assault in the first form, the law
does not require that the attack is by reason or on the
occasion of the performance by the victim of an official duty.
It is enough that the attack upon the public officer or
employee is to inflict an act of hate or revenge. (Art. 148 RPC)

SECOND KIND OF DIRECT ASSAULT:
Committed-
1) By attacking;
2) By using force;
3) By seriously intimidating; or
4) By seriously resisting a person in authority or
his agent while in the performance of his
official duty or by reason of the past
performance of such duty.

PERSONS IN AUTHORITY (PIA)
The following are PIAs:
1) Any person directly vested with jurisdiction, that is, he has the
power and authority to govern, execute and administer the
laws.
Examples:
1) Provincial/City Treasurer – has the duty to execute all the
laws pertaining to finance and collection of taxes.
2) Provincial Health Officer – has the duty to execute all the
laws relating to health and sanitation.
3) Division Superintendent of Schools – has the duty to
execute laws pertaining to education.

2) Teachers, professors and persons charged with
the supervision of public or duly recognized
private schools, colleges and universities.
3) Lawyers in the actual performance of their
professional duties or on the occasion of such
performance.
4) Under the Local Government Code: (a) the
Punong Barangay, (b) Sangguniang Barangay
members and (c) members of the Lupong
Tagapamayapa.

AGENT OF A PERSON IN
AUTHORITY (APIA)
2 KINDS:
1) Any person who by direct provision of law or be
election or by appointment by competent authority,
is charged with the maintenance of public order
and the protection and security of life and property.
Examples:
a. Law Enforcement Agents such as the PNP and the
NBI irrespective of their rank;
b. Barangay Tanod;

c. Municipal Treasurer being the agent of the
Provincial Treasurer;
d. The postmaster being the agent of the Director of
Posts
(Members of the AFP are not included)
2) Any person who comes to the aid of PIA.

Problem:
Judge X sentenced Y with imprisonment. After Y
was released from prison he met Judge X. Because
of resentment, Y stabbed and killed the judge.
What crime/crimes did Y commit?
Answer:
He committed the complex crime of Homicide
with Direct Assault upon a person in authority.
The reason for the killing of the judge was by
convicting Y, an act related to past performance of
his official functions.

Problem:
Anjo, a law student, was flunked in Criminal Law by his
law professor, Atty. Dimagiba. Angered by this, Anjo
waited for Atty. Dimagiba and hit him with a bottle of
San Mig light. Atty. Dimagiba was injured and
underwent medical attendance for three days. Anjo was
charged with the complex crime of Direct Assault with
Slight Physical Injuries.
(1) Is the charge correct? If not, what crime was
committed?
(2) Will your answer be the same had Atty. Dimagiba
been confined in the hospital for 12 days because of
said attack?

Answers:
(1) The charge of direct assault complexed with slight
physical injuries is not correct. In the crime of direct
assault, slight physical injuries is absorbed. Besides,
under Art. 48 of the RPC, a grave or less grave felony
cannot be complexed with a light felony like slight
physical injuries.
Anjo committed qualified direct assault by attacking a
person in authority by reason of the performance of his
official duties. The offense is qualified when the
offender lays hands upon the person in authority.

(2) It would be different if Atty. Dimagiba was
confined for 12 days because such injury is no
longer considered as slight physical injuries
but less serious physical injuries. In which
case, the less serious physical injuries is not
absorbed but can be complexed with direct
assault. So the crime would be a complex
crime of Direct Assault with Less Serious
Physical Injuries.

Problem:
A’s brother was charged with Robbery. Judge X rendered a
decision convicting A’s brother. One day, A chanced upon
Judge X walking at the parking lot of the Justice Hall. A
attacked Judge X because he got mad of the judgment of
conviction rendered by Judge X against his brother. B, a
policeman saw A when he attacked Judge X. The policeman
approached A to arrest him, but A drew out a knife and
intimidated B.
Q1: What crime or crimes were committed by A?
A1: Two (2) crimes of direct assault.
Q2: Suppose the one trying to arrest A is a private person and
was intimidated by A, what crime was committed?
A2: Direct Assault and Threat.

INDIRECT ASSAULT
Committed by any person who shall use
force or intimidation upon any person
coming to the aid of the authorities or their
agents on occasion of the commission of the
crime of Direct Assault.

Elements:
1) That a person in authority or his agent is the
victim of any of the forms of direct assault;
2) That a person comes to the aid of such
authority or his agent; and
3) The offender makes use of force or
intimidation upon such person coming to the
aid of the authority or his agent.

Example:
While Mayor X was presiding a public meeting
attended to by squatters, A, one of the
squatters got mad and run towards Mayor X
and laid his hand on him. B, an aid of Mayor X
immediately stood up to help Mayor X and
tried to stop A. A boxed B.
A committed Direct Assault when he attacked Mayor
X, and another Direct Assault when he boxed B when
the latter tried to help Mayor X.

What are the crimes against
legislative or similar bodies?
• They are:
1) preventing the meeting of legislative or
similar body by force or fraud;
2) Disturbing its session;
3) Misbehaving in the presence of any such body
as to interrupt its proceedings or to impair the
respect due to it.

• The legislative or similar bodies referred to are
either House of Congress, its commitees or
sub-committees, i.e. Committee on Discipline,
etc., constitutional commissions, provincial
board or city or municipal council or board.

Violation of Parliamentary Immunity
Parliamentary Immunity:
Immunity From Arrest and Search of Members of
Congress (Senators & Congressmen) while Congress is
in regular or special session.
Exception:
If such member has committed a crime punishable
under the RPC by a penalty higher than prision mayor.
Nota Bene:
Parliamentary Immunity does not include immunity
from criminal liability

Problem:
Congressman Y was charged with Homicide. A
warrant of arrest was issued against him.
While he was attending a meeting in
Congress, NBI agents arrested him by virtue of
the warrant of arrest. Congressman Y said that
he cannot be arrested because he is entitled
to parliamentary immunity. Is Congressman X
correct?

ILLEGAL ASSEMBLIES
TWO KINDS:
1) Meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the RPC; and
2) Meeting organized for the purpose of inciting the audience to
the commit the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority or his agents.
PERSONS LIABLE:
1) Organizers or leaders (a participant carrying an unlicensed firearm
is considered a leader or organizer) – Prision Mayor in its medium
period.
2) Persons merely present at such meeting (participants) –
a. Armed participants – Prision Correccional
b. Unarmed participant – Arresto Mayor.

Problem:
A meeting was called for the purpose of discussing the
new City Ordinance passed by the City Council. During
the meeting, A volunteered to speak and in the course
of his speech, he incited the audience to carry arms
and use force and violence against the Mayor and
Councilors for neglecting their duties. Is the meeting
considered an illegal assembly?
Answer:
No, because the purpose of the meeting was lawful
and not for the purpose of inciting the audience to
commit treason, rebellion, sedition or direct assault.

ILLEGAL ASSOCIATIONS
Two Forms of Illegal Associations:
1) Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under the RPC, and
2) Associations totally or partially organized for
some purpose contrary to public morals.

ILLEGAL ASSEMBLY vs. ILLEGAL ASSOCIATION
• What is punished in illegal assembly is the holding of
meeting and attendance at such meeting, whereas,
what is punished in illegal association is the
formation or organization of an association and
membership thereof.
• In illegal assembly, the persons liable are the
organizers or leaders and persons merely present at
the meeting; whereas, in illegal association the
persons liable are the founders, directors and
presidents, and mere members of the association.

What are the crimes against public
order?
They are:
1) Tumults and other disturbances or public
order;
2) Unlawful use of means of publication and
unlawful utterances;
3) Alarms and scandals; and
4) Delivering prisoners from jail.

What are tumults and other disturbances of
public order?
They are:
1) Causing any serious disturbance in a public place, office
or establishment.
2) Interrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if the act
is not included Arts. 131 and 132;
3) Making any outrcy tending to incite rebellion or sedition
in any meeting, association or public place.
4) Displaying placards or emblems which provoke a
disturbance of public order in such place.
5) Burrying with pomp the body of a person who has been
legally executed.

What are the acts punished as
alarms and scandals?
They are:
1) Discharging any firearm, rocket, firecracker,
or other explosive within a town or public
place (calculated to cause) which produces
alarm and danger.
2) Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.

CHARIVARI – a medley of discordant voices, a
mock serenade of discordant noises made
on kettles, tin, horns, etc. designed to annoy
or insult.
3) Disturbing the public peace while wandering
about at night or while engaged in any
nocturnal amusements.
4) Causing any disturbance or scandal in public
places while intoxicated or otherwise,
provided Art. 153 is not applicable.

DELIVERING PRISONERS FROM JAIL
Elements:
1) That there is a person confined in a jail or
penal establishment;
2) That the offender removes therefrom such
person, or helps in the escape of such
person;
3) By means of violence, intimidation, or
bribery, or by other means.

2 Ways of Committing the Crime of Delivering
Prisoners from Jail
1) By removing a person confined in jail or
penal establishment, and
2) By helping such person to escape from jail or
penal establishment.

Problem:
A is a prisoner in jail. B, friend of A hid a file in
the clothes to be given to A in jail. A used the
file in cutting the iron bars of his prison cell
and succeeded in escaping. What crime was
committed by B?
Answer:
Delivering Prisoners from Jail.

Problem:
A is detained in the city jail on a charge of
murder. B gave money to the jailer who
permitted A to leave the jail, thereby making
possible the escape of A. What is the crime
committed by B?
Answer:
Delivering Prisoners from Jail.

What are the crimes of evasion of service of
sentence?
• They are:
1) Evasion by escaping during the term of
sentence.
2) Evasion by failing to give up to the authorities
within 48 hours after the Chief Executive has
announced the passing away of the calamity;
and
3) Evasion by violation of conditional pardon.

Example:
A was charged with parricide and was detained
in the Bilibid Prisons in Muntinlupa pending his
trial. There occurred a disorder resulting from a
strong earthquake. He never returned to the
prison or gave himself up to the authorities
within 48 hours following the announcement of
the passing away of the calamity. Can A be
prosecuted and punished for Evasion on the
Occasion of a Disorder?

Answer:
No, because A is merely a detention prisoner.
Inorder to be liable for Evasion on the Occasion
of Disorder, the prisoner who escape from
prison must be a convict serving sentence.

What are the crimes called forgeries?
They are:
1) Forging the seal of the Government, signature or
stamp of the Chief Executive.
2) Counterfeiting coins.
3) Mutilitation of coins.
4) Forging treasury or bank notes or other
documents payable to bearer.
5) Counterfeiting instruments not payable to
bearer.
6) Falsification of legislative documents.

What are the crimes under counterfeiting
of coins?
They are:
1) Making and importing false coins and
uttering/using false coins in connivance with the
counterfeiter.
2) Mutilation of coins, importation of mutilated
coins, utterance of mutilated coins in connivance
with the mutilator or importer.
3) Selling of false or mutilated coin, without
connivance.

What is mutilation of coins?
Mutilation of coins is a crime committed by
a person who shall take off part of the metal
either by filing it or substituting it with another
metal of inferior quality.
One who mutilates a coin does not do so for
the sake of mutilating, but to take advantage of
the metal abstracted. Hence, the coin diminishes
in intrinsic value.

How is forgery committed?
Forgery is committed in the following:
1) By giving to a treasury or bank note or any
instrument payable to bearer or to order, the
appearance of a true and genuine document.
2) By erasing, substituting, counterfeiting, or
altering by any means the figures, letters, words,
or signs written or contained in a tresury, bank
note or instrument payable to bearer or order.

What are the different acts of falsification
punished under the RPC?
They are:
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 authenticated form a document purporting
to be a copy of an original document when no such
original exists, or including in such copy statements
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.

Case:
A requested B, his neighbor who is working
at the City Hall to pay his land tax and gave him
P10,000.00. B, instead of paying to the City
Treasurer, spent the money, then he took the land
tax receipt of his father, erased the name of his
father and wrote in its place the name of A and
gave it to him, saying that it is the official receipt
for the land tax of A. What crime or crimes
committed by the B?

B committed two crimes, namely: 1)
estafa, and 2) falsification of an official
document, the official receipt issued to his
father. The act of falsification committed is
altering a genuine document, which changes its
meaning.

Case:
A entrusted to B a Torrens Title covering a
parcel of land for safekeping. Later, B falsified a
Deed of Sale covering the property described in
the said Torrens Title and counterfeited the
signature of A, making it appear that A sold the
land to C. After having the Deed of Sale notarized,
B delivered the Deed of Sale and Torrens Title of A
to C, and thereafter received the selling price
stated in the Deed of Sale. B spent the money.
What crime was committed by B?

B committed estafa through falsification of a
public document. He committed estafa with abuse
of confidence, because the Torrens Title was
entrusted to him for safekeeping and his
subsequent act resulting in the misappropriation
of the property covered by the Torrens Title
completed the commission of the crime.
B also committed the crime of falsification
because he counterfeited in the deed of sale the
signature of the owner of the Torrens title.

What are the crimes under other falsities?
They are:
1. Usurpation of authority or official functions.
2. Using fictitious name and concealing true name.
3. Illegal use of uniforms or insignia.
4. False testimony against a defendant.
5. False testimony favorable to the defendant.
6. False testimony in civil cases.
7. False testimony in other cases and perjury.
8. Offering false testimony in evidence.

Usurpation of Authority or Official
Functions
Two ways of committing:
1. By knowingly and falsely repesenting oneself to be
an officer, agent or representative of any
department or agency of the Philippine
Government; and
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.

USING FICTITIOUS NAME
Elements:
1) The offender uses a name other than his real
name;
2) He uses that fictitious name publicly;
3) For the purpose of-
a. concealing a crime;
b. evading the execution of a judgment; or
c. causing damage.

Illegal Use of Insignia
A, a lieutenant used the insignia of the captain
of the Philippine Army. Did A commit a crime?
Yes, A committed the crime of Illegal Use of
Insignia because he used an insignia which
pertains to a position not held by him.

Illegal Use of Uniform
A CAFGU who used the uniform of a police
officer is liable for the crime of Illegal Use of
Uniform.

FALSE TESTIMONY
Deliberate assertion of falsehood before a court
or judicial proceeding.
Kinds:
1) False testimony in criminal cases
2) False testimony in civil cases
3) False testimony in other cases (administrative
cases)

PERJURY
Testifying falsely under oath on a matter material
to the case.
Two Ways of Committing:
1) By testifying falsely under oath in a proceeding
which is not judicial
a. Before any committee of Congress
b. Before any administrative officer authorized
to conduct a hearing.

Example:
B, C, D and E testified under oath before a
board of special inquiry in support of the
application of 3 Chinese boys to enter the
Philippines, wherein they declared that the 3
Chinese boys are the children of A, and that they
had been born in Manila, and were baptized in
one of the churches in Manila. When A was
investigated, A testified that the 3 Chines boys
are not her children.
-B, C, D and E are guilty of perjury by
testifying falsely under oath.

2. By making an affidavit.
i.e.
a. Application for marriage license.
b. Application for civil service examination.
c. In pleadings requiring that affidavits be
attached thereto.

What are the crimes classified as frauds?
They are:
1. Machinations in public auction.
2. Monopolies and combinations in restraint of trade.
3. Importation and disposition of falsely marked articles
or merchnadise made of gold, silver or other precious
metals.
4. Substituting and altering trade marks and trade names
or service marks.
5. Unfair competition, fraudulent registration of trade
mark or trade name or service mark; fraudulent
designation of origin and false description.

What are the crimes against public
morals?
They are:
1. Gambling
2. Betting in sports contest
3. Illegal betting on horse races
4. Illegal cockfighting
5. Grave scandal
6. Immoral doctrines, obscene publications and
exhibitions
7. Prostitution

What are the offenses against
decency and good customs?
They are:
1) Grave Scandal
2) Immoral doctrines, obscene publications and
exhibitions
3) Prostitution

Case:
A policeman saw a man and a woman
below the wall facing the sea along the Manila
Bay. The place below the wall is not visible to
the public. The man was performing acts of
lasciviousness on the person of the woman, with
her consent. Are they liable for grave scandal?
Yes, because the act, a highly scandalous
conduct which would offend against decency or
good customs was committed in a public place.

What are immoral doctrines, obscene
publications and exhibitions?
They are:
1. Publicly expounding or proclaiming doctrines openly
contrary to public morals.
2. Publication of obscene literature (Author is liable if
published with his consent; Editor is liable for publishing
it).
3. Exhibiting indecent or immoral plays, scenes, acts or
shows in the theaters, fairs or any other place open to the
public view.
4. Selling or giving away or exhibiting prints, engravings,
sculptures or literature which are offensive to morals.

WHO ARE PROSTITUTES?
PROSTITUTE – women, who for money or profit,
habitually indulge in seual intercourse or
lascivious conduct.

What are the crimes under misfeasance in
office?
They are:
1) Knowingly rendering unjust judgment.
2) Rendering judgment through negligence.
3) Rendering unjust interlocutory order.
4) Malicious delay in the administration of
justice.

What are the crimes classified under
malfeasance in office?
They are:
1) Direct bribery; and
2) Indirect bribery.

DIRECT BRIBERY
• Committed by any public officer who in consideration of any
offer, promise, gift or present received by such officer,
personally or through the mediation of another, shall:
1) agree to perform an act constituting a crime, in connection
with the performance of this official duties
2) agree to perform an act not constituting a crime
3) refrain from doing something which is his official duty to do

INDIRECT BRIBERY
• Committed by any public officer who
accepts/receives gifts by reason of his public
office.

CORRUPTION OF PUBLIC OFFICIALS
• Committed by any person who made the
offers, promises or have given the gifts or
presents to the public officer

Dereliction of Duty
Two kinds:
1) Dereliction of duty by maliciously refraining
from instituting prosecution against
violations of the law.
2) Dereliction of duty by maliciously tolerating
the commission of offenses.

What are the crimes under frauds and
illegal exactions and transactions?
They are:
1) Frauds against the public treasury and similar
offenses.
2) Other frauds.
3) Prohibited transactions.
4) Possession of prohibited interest by a public
officer.

Frauds against the public treasury
Elements:
1) That he offender be a public officer.
2) That he should have taken advantage of his office,
that is, he intervened in the transaction in his official
function.
3) That he entered into an agreement with any
interested party with regard to furnishing supplies,
making of contracts or the adjustment or settlement
of accounts relating to public property or funds, or
make use of any other scheme.
4) With intent to defraud the Government.

What are the crimes called malversation of
public funds or property?
They are:
1) Malversation by appropriating, misappropriating or
permitting any other person to take public funds or
property.
2) Failure of accountable officer to render accounts.
3) Failure of a responsible public officer to render
accounts before leaving the country.
4) Illegal use of public funds or property.
5) Failure to make delivery of public funds or property.

What are the crimes involving infidelity of
public officers?
They are:
1) Infidelity in the custody of prisoners;
2) Infidelity in the custody of documents; and
3) Revelation of secrets.

What are the crimes under infidelity in
the custody of prisoners?
They are:
1) Conniving with or consenting to evasion;
2) Evasion through negligence; and
3) Escape of prisoner under the custody of a
person, not a public officer.

What are the crimes under infidelity in
the custody of documents?
They are:
1) Removal, concealment or destruction of
documents;
2) Officer breaking off the seal; and
3) Opening of closed documents.

What are the crimes of revelation of
secrets?
They are:
1) Revelation of official secrets by an officer.
2) Public officer revealing secrets of private
individuals.

What are the other offenses or
irregularities by public officers?
They are:
1) Open disobedience.
2) Disobedience to order of superior officer,
when said order was suspended by inferior
officer.
3) Refusal of assistance.
4) Refusal to discharge elective office.
5) Maltreatment of prisoners.

What are the crimes of usurpation of powers and
unlawful appointments?
They are:
1) Usurpation of legislative powers.
2) Usurpation of legislative powers.
3) Usurpation of judicial functions.
4) Disobeying reques for disqualification.
5) Orders or requests by executive officers to
any judicial authority.
6) Unlawful appointments.

How is usurpation of legislative powers
committed?
It is committed by a public oficers who shall
encroach upon the power of the legislative
branch of the Government, either (1) by making
general rules or regulations beyond the scope of
his authority, or (2) by attempting to repeal a
law or suspending the execution thereof.

How is usurpation of executive functions?
It is committed by a judge who shall (1) assume
any power pertaining to the executive
authorities, or (2) obstruct the latter in the
lawful exercise of their powers.

How is usurpation of judicial functions
committed?
It is committed by any officer of the executive
branch of the Government who (1) shall assume
judicial powers or (2) shall obstruct the
execution of any order or decision rendered by
any judge within his jurisdiction.

Unlawful Appointments
It is committed by any public officer who shall
knowingly nominate or appoint to any public
office any person lacking the legal qualifications
therefor.

CRIMES AGAINST PERSONS
1) Parricide
2) Death or physical injuries inflicted under
exceptional circumstances.
3) Murder
4) Homicide
5) Death caused in a tumultous affray
6) Giving assistance to suicide
7) Discharge of firearms
8) Infanticide.

10. Intentional abortion
11. Unintentional abortion
12. Abortion practiced by the woman upon herself or
by her parents
13. Abortion practiced by a physician or midwife and
dispensing of abortives
14. Mutilation
15. Serious Physical Injuries
16. Administering injurious substances or beverages
17. Less Serious physical injuries
18.Slight physical injuries

PARRICIDE
• Committed by a person who shall kill his
father, mother, or child, whether legitimate or
illegitimate, or any of his other ascendants or
descendants, or his spouse, who must be
legitimate.

When is the killing of one’s child not
parricide?
• When a person kills his child who is less than
three days old. (Infanticide)

When is the killing of one’s grandchild or
grandparent not parricide?
• When the relationship is not legitimate. In
such a case, the killing of an illegitimate
grandson or an illegitimate grandfather is
homicide or murder, as the case may be.

Why is the killing of a stepfather, adopted
parent, or adopted child, or a brother or sister
not parricide?
Because only relatives by blood and in the direct
line, except the spouse, can be the victims in
parricide.

Case:
A, having conceived the idea of killing her
husband, hired B (a stranger) in the amount of
P50,000.00, to kill him with a gun given by C, the
brother of A. B shot the husband of A to death.
When C gave his gun to B, C new that his sister A
induced B to kill her husband. What crime was
committed by A, B and C?
Answer:
A is liable for parricide.

B committed murder because he killed the
deceased in consideration of price .
C is an accomplice in the crime of murder,
not in the crime of parricide.

MURDER
• When the killing of a person is attended by
any of the following 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 f a vessel, derailment, or assault
upon a street car or locomotive, 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 any 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.

Death Under Tumultuous Affray
X and 16 other persons had a free for all fight in the
market place. In the course of the tumultuous affray, a
market vendor was killed. The person who killed her
was unknown. Two eyewitnesses pointed to X as the
person who pushed the old woman during the affray,
resulting in her falling to the ground. It appears
however, that the cause of her death was a stab wound
on the side of her body and the person who inflicted it
could not be identified. Is X criminally liable for the
death of the woman?

Answer:
Yes, because the death of the woman
resulted during a confused and tumultuous
affray, and it cannot be ascertained who actually
killed her, and the person or persons who
inflicted the serious physical injuries cannot be
identified. In such case, the person liable is the
one who used violence upon the victim.

Giving Assistance to Suicide
Assisting/helping a person in the commission of
suicide, i.e. giving suggestion as to the manner
of committing suicide.

When is the discharge of firearm alarm, illegal
discharge, or attempted homicide?
Alarm – Offender merely discharges his firearm within
a public place which produces alarm or danger, without
aiming the firearm at or against any person.
Illegal Discharge – Offender discharges the firearm
against or at a certain person, without any intent to kill,
but merely to frighten the offended party.
Attempted Homicide – When the firearm is discharged
at or against another person with intent to kill, but
without hitting the offended party.

When is the killing of a child below 7 years of
age (1) murder, (2) parricide, or (3) infanticide?
Murder – when the relation of the offender with the child
is not one of those mentioned in the definition of
parricide and the child is at least 3 days old.
Parricide – when the victim is the child, whether
legitimate or illegitimate or th legitimate other
descendant of the offender and the age of the child is at
least 3 days old.
Infanticide – when the child killed is less than 3 days old.

Abortion
• Willful killing of the fetus in the uterus or the
violent expulsion of the fetus from the
maternal womb which results is the death of
the fetus.
Intentional – use of abortive instruments,
medicines or means to kill the fetus
Unintentional – when a person cause an
abortion by violence but unintentionally

Mutilation
Lopping or the clipping off of some part of the
body.
Two kinds:
1) Mutilating another for the purpose of depriving
him, either totally or partially, of some essential
organ for reproduction; and
2) By making other mutilation, for the purpose of
depriving the offended party of any part of his body,
other than the essential organ for reproduction.

PHYSICAL INJURIES
Serious Physical Injuries –
a) victim became insane, imbecile, impotent or
blind;
b) 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 therefor
habitually engaged;

c) 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 as
habitually engaged for a period of more than 90
days
d) if the physical injuries inflicted shall have
caused the illness or incapacity for labor of the
injured person for more than 30 days

PHYSICAL INJURIES
Less Serious Physical Injuries – the injuries
incapacitate the victim for labor or requires
medical attention from 10 to 30 days
Slight Physical Physical –
a) the injuries sustained incapacitate the victim
for labor or requires medical attention from 1 to
9 days
b) ill treating by deed without causing injury to
the person

CRIMES AGAINST PROPERTY
ROBBERY –
- committed by any person who,
a) with intent to gain,
b) take any personal property belonging to
another,
c) by means of violence or intimidation of any
person, or using force upon anything

2 Main Classifications of Robbery
1) Robbery with violence against or intimidation
of persons
2) Robbery with force upon things

ROBBERY WITH FORCE UPON THINGS
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 was committed, by any of the following means:
1. Through a opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of public
authority.
Or if —

(b) The robbery be committed under any of the following
circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind
of locked or sealed furniture or receptacle;
2. By taking such furniture or objects 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 of the
property taken does not exceed 250 pesos, they shall suffer the
penalty prescribed in the two next preceding paragraphs, in its
minimum period.

THEFT
Theft is committed by any person who, with
intent to gain but without violence against or
intimidation of persons nor force upon things,
shall take personal property of another without
the latter's consent.

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

QUALIFIED THEFT
a) theft committed by a domestic servant, or
b) with grave abuse of confidence, or
c) if the property stolen is motor vehicle, mail
matter or large cattle or consists of coconuts
taken from the premises of the plantation or
fish taken from a fishpond or fishery, or if
property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or
any other calamity, vehicular accident or civil
disturbance.

ESTAFA/SWINDLING
• Any person who shall defraud another.
Ways/Means:
1. With unfaithfulness or abuse of confidence,
namely:
(a) By altering the substance, quantity, or
quality or anything of value which the offender
shall deliver by virtue of an obligation to do so,
even though such obligation be based on an
immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice
of another, money, goods, or any other personal
property received by the offender in trust or on
commission, or for administration, or under any other
obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally
or partially guaranteed by a bond; or by denying having
received such money, goods, or other property.
(c) By taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or of any third person.

2. By means of any of the following false pretenses or fraudulent
acts executed prior to or simultaneously with the commission of
the fraud:
(a) By using fictitious name, or falsely pretending to possess
power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other similar
deceits.
(b) By altering the quality, fineness or weight of anything
pertaining to his art or business.
(c) By pretending to have bribed any Government employee,
without prejudice to the action for calumny which the offended
party may deem proper to bring against the offender. In this
case, the offender shall be punished by the maximum period of
the penalty.

(d) [By post-dating a check, or issuing a check in payment of an obligation
when the offender therein were not sufficient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount necessary
to cover his check within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been dishonored for lack of
insufficiency of funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act. (As amended by R.A. 4885, approved June 17,
1967.)]
(e) By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a hotel,
inn, restaurant, boarding house, lodging house or apartment house after
obtaining credit, food, refreshment or accommodation therein without paying
for his food, refreshment or accommodation.

DESTRUCTIVE ARSON
• Committed by any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordinance, storehouse, archives or general
museum of the Government.
2. Any passenger train or motor vehicle in motion or vessel out
of port.
3. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.

MALICIOUS MISCHIEF
Who are liable for malicious mischief?
Any person who shall deliberately cause the
property of another any damage not falling
within the terms of the next preceding chapter
on arson shall be guilty of malicious mischief.

CRIMES AGAINST CHASTITY
1) ADULTERY - 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.
PENALTY: prision correccional in its medium
and maximum periods.

2) CONCUBINAGE – committed by any husband who-
a. shall keep a mistress in the conjugal dwelling, or
b. shall have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife, or
c. shall cohabit with her in any other place.
Penalty: prision correccional in its minimum and
medium periods.
The concubine shall suffer the penalty of destierro.

ACTS OF LASCIVIOUSNESS – committed by a person
who shall commit acts of lasciviousness or lewdness in
any of the following:
a. by use of force or intimidation
b. when the offended party is otherwise unconscious
or deprived of reason
c. when the offended party is under 12 years of age.
Offended Party: Man or Woman
Penalty: Prision correccional

• QUALIFIED SEDUCTION – having sexual intercourse
with a virgin woman who is:
a) over 12 but under 18 (13-17),
b) Unmarried, and
c) of good reputation.
• what makes the offense qualified is because of the
character of the accused, the excess of power or
abuse of confidence.
Offenders: Public Authority, priest, house servant,
guardian, teacher, brother or ascendant of the victim
or any person who in any capacity shall be entrusted
with education or custody of the woman seduced.

SIMPLE SEDUCTION
- seduction or having sexual intercourse with a
woman who is:
a) single or a widow of good reputation,
b) over 12 but under 18 years of age,
by means of deceit

FORCIBLE ABDUCTION
a) abduction of any woman against her will
and with lewd designs
b) the female abducted is under 12 years of
age

CONSENTED ABDUCTION
- abduction of a virgin woman over 12 years
and under 18 years of age, carried out with
her consent and with lewd designs

CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
I. Simulation of Birth and Usurpation of Civil Status
1) Simulation of Birth
2) Substitution of One Child for Another
3) Concealment or Abandonment of a Legitimate
Child with intent to cause such child to lose its
civil status.
Penalty: prision mayor and a fine of not exceeding
1,000 pesos

II. USURPATION OF CIVIL STATUS – usurpation of
the civil status of another person.
Penalty: Prision mayor
Example: A impersonates himself to be B, the son of
another and assumes the rights of B.
Penalty: Prision correccional in its medium and
maximum periods – if the purpose is to defraud the
offended party or his heairs
Example: A impersonates himself to be B and was
able to get the inheritance of B.

III. Illegal Marriages
1) Bigamy - committed by any person who shall contract a second or
subsequent marriage before the former marriage has been legally
dissolved, or before the absent spouse has been declared
presumptively dead by means of a judgment rendered in the proper
proceedings.
Penalty: Prision Mayor
2) Premature marriages - committed by:
a. any widow who shall marry within 301 days from the date of the
death of her husband, or before having delivered if she shall have been
pregnant at the time of his death.
b. any woman whose marriage shall have been annulled or dissolved, if
she shall marry before her delivery or before the expiration of the
period of 301 days after the legal separation.
Penalty: Arresto mayor and a fine not exceeding 500 pesos.

CRIMES AGAINST HONOR
Libel - is public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural
or juridical person, or to blacken the memory of one
who is dead.

General Rule:
Every defamatory imputation is presumed to be malicious,
even if it be true, if no good intention and justifiable motive for
making it is shown.
Exceptions:
1. A private communication made by any person to another in
the performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any
comments or remarks, of any judicial, legislative or other
official proceedings which are not of confidential nature, or of
any statement, report or speech delivered in said proceedings,
or of any other act performed by public officers in the exercise
of their functions.

• A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic
exhibition, or any similar means.
Impossable Penalty: prision correccional in its
minimum and medium periods or a fine ranging
from 200 to 6,000 pesos, or both, in addition to
the civil action which may be brought by the
offended party

Prohibited publication of acts referred to in the
course of official proceedings
May be committed by any reporter, editor or manager or
a newspaper, daily or magazine, who shall publish facts
connected with the private life of another and offensive to
the honor, virtue and reputation of said person, even
though said publication be made in connection with or
under the pretext that it is necessary in the narration of
any judicial or administrative proceedings wherein such
facts have been mentioned.
Penalty: Arresto mayor or a fine of from 20 to 2,000 pesos,
or both.

SLANDER – Oral Defamation
• SLANDER BY DEED – Performance of any other act
which shall cast dishonor, discredit or contempt
upon another person.

PERSONS RESPONSIBLE:
1) Any person who shall publish, exhibit, or
cause the publication or exhibition of any
defamation in writing or by similar means,
2) The author or editor of a book or pamphlet,
or the editor or business manager of a daily
newspaper, magazine or serial publication,
shall be responsible for the defamations
contained therein to the same extent as if he
were the author thereof.

PROOF OF TRUTH:
In every criminal prosecution for libel, the
truth may be given in evidence to the court
and if it appears that the matter charged as
libelous is true, and, that it was published
with good motives and for justifiable ends,
the defendants shall be acquitted.

INCRIMINATORY MACHINATIONS
• Incriminating innocent person. — Any person who,
by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the
commission of a crime, shall be punished by arresto
menor.
• Intriguing against honor. — The penalty of arresto
menor or fine not exceeding 200 pesos shall be
imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a
person.

QUASI-OFFENSES – CRIMINAL NEGLIGENCE
Imprudence and Negligence – not crimes in
themselves; punishable only if they result to a
crime/felony.
Imprudence – indicates deficiency in action.
Negligence – indicates deficiency of perception.

KINDS OF IMPRUDENCE:
1) Reckless Imprudence - consists in voluntarily, but
without malice, doing or failing to do an act from
which material damage results by reason of
inexcusable lack of precaution on the part of the
person performing such act, taking into
consideration his employment or occupation,
degree of intelligence, physical condition and other
circumstances regarding persons, time and place.

2) Simple Imprudence - consists in the lack of
precaution displayed in those cases in which
the damage impending to be caused is not
immediate nor the danger clearly manifest.

Imprudence/Negligence resulting to damage to
property
Penalty :
- fine ranging from an amount equal to the
value of said damages to three times such
value, but which shall in no case be less than
twenty-five pesos.

Imprudence resulting to homicide
Penalty :
- prision correccional in its medium and
maximum periods

RPC-Book-2_JRM.ppt

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