Crim Rev Codal.docx

1. Should commit an offense while on a Philippine ship or airship If it is registered in the Philippines and under the Philippine laws; Warship or war aircraft is considered an extension of the Philippine sovereignty. French Rule - crimes committed on board while the foreign vessel is on the water of another country is within the jurisdiction of the flag country. That is the country where the country is registered. EXCEPT when the crime committed affects the public order, the peace and security of the host country, then the host country will have jurisdiction over the said crime. Therefore, the French Rule recognizes the jurisdiction of the country where the vessel is registered. French Rule = flag country English Rule - when a crime is committed on board a foreign merchant vessel while on the waters of another country it is the host country which will have jurisdiction over the said crime. EXCEPT when the crime merely affects the internal management of the vessel, then it is the flag country which will have jurisdiction. In effect, the English Rule is territorial in nature. 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in T1 B2

2 kinds of felonies that are may be committed under Art. 3:
 1. Deceit/dolo/intentional felony - when the act is done with deliberate intent; voluntary act because it is committed by means of deliberate intent. Elements: 1) Criminal intent on the part of the offender 2) Freedom of action in doing the act on the part of the offender
 3) Intelligence of the offender freedom of action - there is freedom of action when the offender performs the act on his own free will, without force, duress, uncontrollable fear. intelligence - mental capacity of a person to know wrong from right and to appreciate the consequences of one's act. INTENT is the use of a particular means to achieve the desired result. You cannot see intent. It is an internal state of the mind. Evidence to prove intent to kill in crimes against persons may consist, inter alia, in 1) the means used by the malefactors, 
 2) the nature, location and number of wounds 
 sustained by the victim, 
 3) the conduct of the malefactors before, at 
 the time, or immediately after the killing of 
 the victim, 
 4) the circumstances under which the crime 
 was committed and, 
 5) the motives of the accused. 
 If the victim dies as a result of a deliberate act of the malefactors, intent to kill is presumed. In Rivera v. People, of intent to kill: 1) the means used by the malefactors; 2) the nature, location,

and number of wounds sustained by the victim; 3) the conduct of the malefactors before, during, or immediately after the killing of the victim; and 4) the circumstances under which the crime was committed and the motives of the accused. INTENT v MOTIVE I: use of a particular means to achieve a desired result; a material element in determining the criminal liability of the accused; established/proven by the overt act of the offender or by the means employed M: moving power which impels a person to do a specific act to achieve the desired result, therefor it is the reason behind intent; immaterial to determine the criminal liability of the offender; established by the acts/statements made by the accused prior to or immediately after the commission of the crime

2. Fault/culpa/culpable felony- when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill Elements: 1) Criminal negligence 
 2) Freedom of action 3) Intelligence MALA IN SE v MALA PROHIBITA Inherently evil, wrong per se; Criminal liability is based on the intent or morality of the offender; Good faith/lack of criminal intent is a valid defense; Modifying circumstances such as mitigating and aggravating are considered by the court in the imposition of penalty; Degree of the participation of the offender is considered in the imposition of the penalty; Stage is taken into consideration in the imposition of penalty P: Criminal liability is based on the mere doing of the prohibited act Art. 4. Criminal liability. — Criminal liability shall be incurred: 1. By any person committing a felony (delito) 
 although the wrongful act done be different 
 from that which he intended. 
 2. By any person performing an act which would 
 be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on an account of the employment of inadequate or ineffectual means. 
 Proximate Cause Doctrine (PCD) By any person committing a felony (delito) although the wrongful act done be different from that which he intended. Elements (Garcia v. People)
 1. The intended act is a felonious act
 2. The resulting act is a felony
 3. The resulting act is the direct, natural and logical consequence of the felonious act of the offender PROXIMATE CAUSE (PC) - the cause that sets in to motion all other causes and which unbroken by efficient intervening cause produces the felony without which the felony would have not been committed. Therefore, for one to be criminally liable under the PCD, it is necessary that the felonious act and the resulting felony must not be broken by any efficient intervening cause. No efficient or supervening intervening cause must have broken the causal connection between the felonious act of the offender and the resulting felony. EFFICIENT INTERVENING CAUSE (EIC) - an active force which is a distinct act absolutely foreign from the felonious act of the offender. Therefore, in order that an act is considered an EIC, it is necessary that it is totally foreign from the felonious act that is performed by the offender.

3 SITUATIONS WHEREIN A PERSON BECOMES CRIMINALLY LIABLE FOR THE RESULTING FELONY ALTHOUGH DIFFERENT FROM THAT WHICH HE INTENDED: 1. Abberatio Ictus - mistake in the blow
 A situation wherein the offender directed a blow at his intended victim but because of poor aim, the blow landed on another victim. 2. Error in Personae - mistake in the identity
 It is a situation wherein the victim actually received the bullet but he was mistaken to be the intended victim. The intended victim was not at the scene of the crime. Effects: it depends
 1. If there is variance in the penalty between the intended and actual crime committed, mitigating. The penalty for the lesser crime must be imposed (Art. 49).
 2. If none, no effect on the criminal liability of the offender, such as when the crimes differ (in name) but the penalties are the same. 3. Prater Intentionem - when the consequence went beyond the intention; injurious result is greater than that intended. It is a situation wherein the offender directed the blow at his actual victim, the victim received the blow. However, the injurious result is far greater than what is intended by the victim. Impossible Crime Doctrine (ICD) By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means; One where the act would have amounted to a crime against persons or property but it is not accomplished because of its inherent impossibility or because of the employment of inadequate or ineffectual means. The penalty of IC is only arresto mayor or a fine of P200-P500 depending on the criminality or dangerousness of the offender. Elements for a person to be liable of IC
 1. That the act done would have been an offense against persons or property
 2. That the act was done with evil intent
 3. That the act was not accomplished because of its inherent impossibility or the employment of inadequate or ineffectual means 4. That the act done should not constitute any other violation of the RPC 2 KINDS OF INHERENT IMPOSSIBILITY
 a) Legal Impossibility - there is legal impossibility when all the intended acts even if committed would not have amounted to a crime. b) Physical and Factual Impossibility - when an extraneous circumstance unknown to the offender prevented the consignation of the crime. Here, there are circumstances unknown to the offender, the inadequate control of the offender which prevented the consignation of the crime. A felony is consummated when all the elements necessary for its execution and accomplishment are present; frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this (3)own spontaneous desistance.

E (People v. Lizada): INDETERMINATE OFFENSE - the OA of a person in relation to the intended felony is ambiguous.

Mistake of Fact 1. That the act done would have been lawful and justifiable had the facts been as the accused believed them to be 2. That the intention of the accused in doing the act must be lawful 3. That the mistake must be without fault, negligence, careless on the part of the offender
 FACTORS TO BE CONSIDERED IN INTENT TO KILL: 1. Evidence of motif 
 2. The nature and number of weapons used 
 by the offender 
 3. The nature, number and location of the 
 wounds inflicted on the victim 
 4. Manner of committing the crime 
 5. Acts and statements made by the 
 offender before, during and after the commission of the crime 


Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. (means) There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. GR: Conspirators are liable only for the crime agreed upon. They are not liable for any crime which is not agreed upon. Exp: 1. When the other crime was committed in the presence of the other conspirators and they did not perform acts to prevent its commission. 2. When the other crime committed was the natural consequence of the crime agreed upon. 3. When the resulting crime is a composite crime or a special complex crime or a single indivisible complex crime. Conspiracy is established by the presence of two factors: 1) singularity of intent;and
 2) unity in execution of an unlawful objective.
 The two must concur. Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.

Art. 11. Justifying circumstances. — The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression.
 must come from the victim. The person attacked by the person defending himself; present if the attack is material, actual and places the life of the accused in imminent and immediate danger. It must not only be a threat. It must be present, about to happen. Elements of unlawful aggression (People v. Fontanilla): (note put in box)
 (a) There must be a physical or material attack or assault; (b) The attack or assault must be actual or at least imminent.
 (c) the attack or assault must be unlawful. Second. Reasonable necessity of the means employed to prevent or repel it. (rational equality)
 Factors to be considered in order to be said that the means employed is rationally necessary: (a) Nature and the number of the weapon used by the aggressor (b) Physical condition, size, weight and other personal circumstances of the aggressor versus that of the person defending himself (c) Place and location of the assault
 Third. Lack of sufficient provocation on the part of the person defending himself. PROVOCATION - refers to any immoral act or conduct, unjustified act or conduct which stirs a person to do wrong. SUFFICIENT PROVOCATION - adequate to stir a person to do the wrongful act and when it is proportionate to the gravity of the act Circumstances where there is no sufficient provocation on the part of the person defending himself: 1. When no provocation at all was given 
 2. When although provocation was given, it was not sufficient 
 3. When although the provocation was sufficient, it did not come from the person defending himself 4. When although provocation came from the person defending himself, it is not immediate or imminent to the aggression. 2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. Elements: 1. Unlawful aggression; 2. Reasonable necessity of the means employed 
 to prevent or repel it; 3. In case the provocation was given by the 
 person attacked, the one making the defense had no part therein. 
 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and

second requisites mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge, resentment, or other evil motive. Elements:
 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel the attack; 3. The person defending be not induced by revenge, resentment, or ill motive. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present; State of Necessity First. That the evil sought to be avoided actually exists;
 Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. XPN: State of necessity. There is no criminal liability but there is civil liability- borne not only by the accused, but all those people who benefitted in this state of emergency. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Elements of Par. 5, Art. 11: 1. Accused acted in the performance of a 
 duty or in the lawful exercise of a right 
 or office. 2. Injury caused or offense committed be 
 the necessary consequence of the due performance of duty or the lawful exercise of such right or office. 
 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Elements of Par. 6, Art. 11: 1. An order has been issued by a superior 2. Such order must be for some lawful 
 purpose 3.Means used by the subordinate to carry 
 out said order is lawful 
 Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) Victim-survivors who are found by the court to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstance of self-defense under the RPC. EXEMPTING CIRCUMSTANCES - Although a wrong is committed, the offender is exempted from criminal liability because he acted without voluntariness. There is absence of any of the elements of voluntariness. J: Affect the act not the doer; Perform an act which is lawful in nature; There is no crime and no criminal; GR: No criminal liability and no civil liability; May be a defense only in intentional felonies. E: Affect the doer of the act but not the act itself; A wrong has been committed; There is a crime but no criminal because offender acted without voluntariness; GR: No criminal liability but with civil liability because a crime was committed; Defense both in intentional and culpable felonies 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. Imbecility v Insanity An imbecile is one who is already advanced in age but only have a thinking of a child between 2 and 7. There is no intelligence, an element of voluntariness; Exempting under any circumstance. Refers to the mental aberrational background or disease of the mind and must completely impair the intelligence of the accused (unable to distinguish between right from wrong); To be exempting it must be proved that the accused was insane at the time of the commission of the crime, NOT after. 2 & 3. Minority RA 9344 Sec. 6. Minimum age of criminal responsibility. – A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt

from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws Discernment is that mental capacity of a minor to fully appreciate the consequences of his unlawful act. Such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records in each case. 4. Accident: Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Elements (People v. Dela Cruz): 1. A person is performing a lawful act, 2. He was performing the lawful act with 
 due care, 
 3. He causes injury to another by mere 
 accident; 4. The injury is without fault or intent on 
 the part of the offender 
 
 5. Any person who act under the compulsion of irresistible force. Elements: 1 Compulsion is by means of physical 
 force, 2. Physical force must be irresistible, 
 3. Physical force must come from a third person 
 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Elements: 1. Existence of an uncontrollable fear, 2. Fear must be real and imminent, 3. Fear of an injury is greater than or 
 equal to that committed 
 7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. Elements: 1. An act is required by law to be done, 2. A person fails to perform such act, 3. The failure to perform such act was 
 due to some lawful or insuperable cause. 


MITIGATING CIRCUMSTANCES – acted with the diminution of any of the elements of voluntariness. There is a diminution on criminal intent, freedom of action or intelligence. Ordincary MC v Privileged MC O: May be offset by generic aggravating circumstances; If not offset, lowers the imposable penalty to its minimum period, [provided the penalty is divisible] P: Can never be offset by any aggravating circumstance; Reduces the imposable penalty by one or two degrees depending on the rules on Arts. 68 & 69 (takes preference) 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. Inc. J or EC. Rules: 1. If majority of the elements necessary to 
 justify the act or to exempt from liability are 
 present, then it's treated as PMC. 
 2. If less than the majority is present, then it is 
 an OMC which can be offset by a generic AC. 
 3. If the elements necessary to justify the act or to exempt from criminal liability is only 2, the 
 presence of 1 element is already a PMC. 


2. AGE. That the offender is under eighteen year of age or over seventy years. In the case of the minor (PMC), he shall be proceeded against in accordance with the provisions of Art. 80. 3. That the offender had no intention to commit so grave a wrong as that committed. Praeter Intentionem Elements 1. The offender committed a felony; 2. A notable or notorious disparity between 
 the means employed by offender and the resulting felony. 
 (That is, out of the means employed by the offender, no one could have anticipated that the resulting felony would come.) 4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. Elements of Art. 13, Par. 4:
 1. The provocation must be sufficient; a. Must be adequate to stir a person to commit a wrongful act; b. It must be proportionate to the gravity of the crime. 2. The provocation must originate from the offended party; 3. The provocation must be immediate from the commission of the criminal act by the person who was provoked. 
 PROVOCATION is any unjust or immoral act or conduct on the part of the offended party which is capable of inciting, exciting or irritating another. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. ELEMENTS: 1. There be a grave offense to the one 
 committing the felony, his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degree; 2. The said act or grave offense must be the proximate cause of the commission of the crime. 
 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. Elements: 1. There be an act both unlawful and sufficient to produce passion and obfuscation on the part of the offender; 2. The commission of the criminal act and the said sudden impulse must not be far removed from each other by the considerable length of time during which the offender might have recovered his normal equanimity. (4, 5 &6 based on same facts = 1 MC) 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; a. voluntary surrender (People v. Ignas):
 Elements: 1. The offender had not actually been arrested; 2. The offender had surrendered himself to a 
 person in authority or his agent; 
 3. The surrender must be voluntary (spontaneously and unconditionally)
 b .Elements of voluntary plea of guilt: 1. That guilt tendered is confessed 
 spontaneously and unconditionally; 2. The accused confesses guilt in open court [the competent court that is to try the 
 case]; 3. The confession was made before the 
 presentation of the evidence for the prosecution. 
 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. MC of physical defect.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. 10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Aggravating Circumstances Generic Aggravating Circumstances are those that applies generally to all crimes. (nighttime & recidivism) Specific Aggravating Circumstances are those that apply only to certain or particular crimes.
 (treachery) Inherent Aggravating Circumstance are those which of necessity follow the commission of the crime because they are considered as elements in the commission of the crime, therefore they are considered inherent in the commission of the crime. Qualifying Aggravating Circumstances are those which either change the nature of the crime to bring about a more serious for a higher penalty or even without changing the nature of the crime it would impose a higher penalty. Special Aggravating Circumstances Provides for the imposition of the maximum penalty prescribed by law; hence it cannot be offset by any mitigating circumstance. 1. That advantage be taken by the offender of his public position. Art. 62 as amended by RA 7659, the heinous crime law – Spcl AC 2. That the crime be committed in contempt or with insult to the public authorities.
 Elements of Art. 14, Par. 2: 1. That the public officer or public authority 
 is engaged in the exercise of his function; 
 2. That the public authority is not the person against whom the crime is committed; 3. That the offender knows him to be a public authority; 4. That the presence of the public authority 
 did not prevent the offender from the commission of the crime. 3. That the act be committed with insult or in disregard 1. Rank, 2. Age 3. Sex 4. Crime committed in dwelling of offended part- can be appreciated singly or collectively if present in the commission of the crime. Disregard of rank, disregard of age and disregard of sex only considered in crimes against persons and crimes against chastity. Disregard of age
 Age here refers to both minority and seniority; treachery absorbs… because it absorbs disrespect of age. Disrespect of sex
 Disrespect of sex refers to the female sex. This is inherent in the crime of rape and in certain crimes involving chastity. Instances when dwelling is not considered an AC even if the crime was committed in a dwelling: 1. When the offended party has given provocation; 2. if the offender and the offended party are living in the same dwelling; 3. When dwelling is inherent in the commission of the crime. 4. That the act be committed with abuse of confidence or obvious ungratefulness. Elements of abuse of confidence:
 1. That the offended party had trusted the offender;
 2. That

the offender abuse such trust by committing a crime against the offended party;
 3. That the abuse of confidence facilitated the commission of the crime. Elements of obvious ungratefulness: 1. That the offended party had trusted the offender; 2. That the offender abuse such trust by 
 committing a crime against the offended 
 party; 3. That the act be committed with obvious 
 ungratefulness 
 5. That the crime be committed in the 1. palace of the Chief Executive, or in his 2. presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship. – - necessary that the offender deliberately sought the said place to commit the crime. Requisites of place where public authorities are engaged in the discharge of their duties: 1. The place is where public authorities are 
 engaged in the discharge of their duties; 
 2. The public authorities are actually engaged 
 in the discharge of the performance of their duties. 
 6. That the crime be committed at the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the crime. Requisites of nighttime: 1. The offender deliberately took advantage of 
 nighttime or cover of darkness; 
 2. The purpose of the offender is to facilitate 
 the commission of the crime or to insure or afford impunity. 
 Requisites of an uninhabited place: 1. That in the place where the crime was committed there was a remote possibility 
 for the victim to receive some help; 2. That the offender deliberately sought the uninhabited place in order to facilitate the commission of the crime. 
 Whenever more than three armed malefactors shall have acted together in the commission of the offense, it shall be deemed to have been committed by a band. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune. 8. That the crime be committed with the aid (direct or indirect) of armed men or persons who insure or afford impunity. Band v Armed men B: At least 4 armed malefactors; The armed men must have acted together in the commission of the crime; Band members are all principals AM: No requisite as to the number of armed men who aided the actual perpetrator of the crime; Not necessary that they acted together in the commission of the crime because they aided; Armed men are mere accomplices Recidivism (Art. 14, Par. 9); 
 Reiteracion/Habituality (Art. 14, Par. 10); Habitual Delinquency (Art. 62.); 
 Quasi-Recidivism (Art. 160). 
 9. That the accused is a recidivist.
 A recidivist is one whom at the time of his trial for one crime, shall have previously been convicted by final judgment of another crime embraced in the same title of this Code. Requisites of Recidivism: 1. That the offender is on trial for an offense; 2. That he was previously convicted by final 
 judgment of another crime; 3. That both the first and second offenses are


 embraced in the same title of the RPC; 4. That the offender is convicted of the 
 second offense charged. 
 R v HDR: At least two convictions; Crimes are under the same title of the RPC; No prescriptive period on the commission of the offense; it does not prescribe; Generic AC, may be offset. HD: At least three convictions; Serious physical injuries, less serious physical injuries, robbery, theft, falsification; Prescriptive period of 10 years; Cannot be offset by MCs; it provides for an additional penalty. R v QR R: There must be at least two convictions; The crimes must be embraced in the same title of the Code, QR: Likewise there must be two convictions (first by final judgment and second for the second crime that he has committed); No such requisite, only that the second crime must be a felony 10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Elements of reiteracion: 1. That the accused is on trial for an offense; 2. That at the time of the trial he previously 
 served sentence for another crime to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty; 3. That he is also convicted of the new offense. 
 Rec v Rei - In both, there must at least be two convictions. Rec: It is only required that there is a conviction by final judgment of the first crime; The two crimes must be included in the same title of the RPC Rei: The offender must have served his sentence for the previous crime he committed; There is no such requisite. HD - A person is deemed a habitual delinquent, if within a period of 10 years from the date of is release or last conviction of the crimes of serious physical injuries, less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener; Special AC Elements of habitual delinquency: 1. The crimes the offender committed should 
 be serious physical injuries, less serious physical injuries, robbery, theft, estafa, and falsification; 
 2. There should be at least three convictions 3. Each convictions must come within ten year from date of release or last conviction 
 of the previous crime. 
 QUASI-RECIDIVISM (Art. 160): a Special AC.
 A quasi-recidivist is a person, who after having been convicted by final judgment, commits a felony before serving out his sentence. The maximum period shall be imposed. The first crime may be any crime, but the second must be a felony. 11. That the crime be committed in consideration of a price, reward, or promise. 12.That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13.That the act be committed with evident premeditation. EP is the stubborn adherence to a decision to commit a crime. It implies a deliberate plan before or after the commission of the crime.

Requisites of evident premeditation: 1. The time when the offender determined to 
 commit the crime; 2. An act manifestly indicating that the culprit 
 has clung to his determination; 3. Sufficient lapse of time between the 
 determination and execution, to allow him to reflect upon the consequences of his acts. 
 14. That craft, fraud or disguise be employed. (3AC) Craft: intellectual trickery or cunning resorted to by the accused Fraud: Deceit. It is manifested by the use of insidious words or machinations resorted to by the accused so that the offended party will perform an act that will make the offender do the crime easily. Disguise: ways and means resorted to by the accused to conceal his identity. Stockings, bonnet or anything that could be used so that one could not be recognized. 15. That advantage be taken of superior strength, or means be employed to weaken the defense. Requisites of Abuse of Superior Strength (ASS): 1. That there be a notorious inequality of forces between the offender and the offended party in terms of their age, size and strength;
 2. That the offender took advantage of this inequality of forces to facilitate the commission of the crime. 16. Treachery (alevosia) - There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. -essence is the suddenness and unexpectedness of the act to unexpecting and unarmed victim who has not given the slightest provocation; victim must be totally without defense. Elements 1. That the offender deliberately adopted the 
 particular means, method or form of attack 
 employed by him; 
 2. That at the time of the attack, the victim 
 was not in a position to defend himself. 
 17. That means be employed or circumstnaces brought about which add ignominy to the natural effects of the act. Ignominy: a moral circumstance which adds to the injury suffered by the victim. It is humiliation, embarrassment, moral killing; moral order, which adds disgrace to the material injury caused by the crime. Ignominy adds insult to injury or adds shame to the natural effects of the crime. Ignominy shocks the moral conscience of man 18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. unlawful entry is inherent in the crimes of trespass to dwelling & robbery with force upon things. But it is aggravating in the crime of robbery with violence against or in intimidation of persons 19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken. UE: Presupposes that there is no breaking as by entry through the window. BW: Involves the breaking of the enumerated parts of the house. 20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Elements of Cruelty (Art. 14, Par. 21):
 1. That at the time of the infliction of the physical pain, the offended party is still alive.
 2. That the offender enjoys and delights in seeing his victim suffer gradually by the infliction of the physical pain. Ignominy v Cruelty I: Victim suffered moral pain; The victim can either be alive or dead. C: Victim suffered physical pain or physical suffering; Necessary that the victim is alive. Alternative Circumstances - are those circumstances which can either be aggravating or mitigating, depending on their effect in commission of the crime. Three Alternative Circumstances [RIDe]: 1. Relationship;
 2. Intoxication;
 3. Degree of Instruction or Education Relationship
 Is considered as an alternative circumstance when the offender is related to the offended party as his spouse, ascendants, descendants, legitimate, illegitimate, natural, adopted brothers, sisters or relatives by affinity within the same degree. MC - In crimes against property; EC theft, estafa or swindling and malicious mischief In crimes against persons, relationship is mitigating if the offender is of a higher degree than that of the offended party, and the crime committed is less physical injury, or slight physical injury. If the crime committed is serious physical injury, it's always an aggravating circumstance. Intoxication- When the offender has taken such amount of liquor of sufficient quantity as to affect his mental capacity to determine the consequences of his act. MC- not habitual or subsequent to the plan to commit the felony AC - habitual or it is done subsequent to the commission of a crime. The offender deliberately takes liquor because he used it as a stimulant for him to commit the crime. He was so nervous he cannot commit the crime, so he takes liquor form him to have the strength to commit the crime. Degree of Instruction and Education
 As a rule: a low degree of education or instruction is considered as a mitigating circumstance. Exception: if the crime committed is inherently evil or wrong. A high degree of education is considered as an aggravating circumstance, if the offender makes use of his high degree of education in facilitating the commission of the crime. Absolutory Causes Are those circumstances which have the effect of exempting a person from criminal liability but not from civil liability, but which are outside Article 12. - Mistake of fact, Instigation, Accessories in Light felonies. Instigation as an absolutory cause.
 In instigation, the mens rea/evil intent originated from the mind of the public officer who only lured the offender to commit the crime. On other hand, entrapment is not an absolutory cause because entrapment refers to ways and means resorted to by the public officer in order to trap and capture a criminal in flagrante delicto. Here, the mens rea originated from the mind of the offender. Principals: 1. Those who take a direct part in the execution of the act; D. Participation 2. Those who directly force or induce others to commit it;
 Requisites of a principal by inducement: 1.The inducement is made directly to procure 
 the commission of the crime; and 
 2. The

inducement is the primary reason[/determining cause] of the commission of the crime by the principal by 
 direct participation. 
 Inducement may come in different forms:
 a. Giving of price, reward or promise;
 b. By employing force, command or ascendancy which is being followed by the principal by direct participation. 3.Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. (Indispensable Cooperation) - a conspiracy or unity in criminal purpose and cooperation in the commission of the offense Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts. Requisites: 1. There must be community of design; 
 After the principals have [formed] the criminal design, the accomplice had been informed of the criminal design of the offender and having been informed, he concurs with the said criminal design. He is not part of the conspiracy but he knows and concurs with the design because he was informed of the same only after the principal had come up with agreement. 2. That he performs the acts previous or simultaneous to the commission of the crime; and 3. That the acts performed by the principal is related to the acts performed by the 
 Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime; 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
 (SUBSTANCE) CORPUS DELICTI: PROOF OF OCCURRENCE AND CRIMINAL’S LIABILITY 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other. Elements of fencing: 1) a robbery or theft has been committed; 
 2) the accused, who took no part in the 
 robbery or theft, "buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article or object taken" during that robbery or theft; 
 3) the accused knows or should have known that the thing derived from that crime; and 
 4) he intends by the deal he makes to gain for himself or for another. 
 A fence includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing. Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. PD 1829 - Obstruction of Justice. - PRIVATE PERSON

Art. 20. Accessories who are exempt from criminal liability. 1. When the crime committed is a light felony; 2. When the said accessory is the spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees. PENALTIES Art. 73. Presumption in regard to the imposition of accessory penalties. SCALE PRINCIPAL PENALTIES Capital punishment: Death Afflictive penalties:
 Reclusion perpetua,
 20y 1 - 40 Reclusion temporal,
 12y – 20y Perpetual or temporary absolute disqualification, 6y-12y Perpetual or temporary special disqualification, Prision mayor 6y – 12y Correctional penalties: Prision correccional, 6m-6y Arresto mayor, 1m – 6m Suspension, 6m-6y Destierro 6m & 1 – 6y Light penalties: Arresto menor, 1-30days Public censure (Principal & indivisible) Penalties common to the three preceding classes: Fine, and
 Bond to keep the peace. (Prin) ACCESSORY PENALTIES Perpetual or temporary absolute disqualification,
 Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling,
 Civil interdiction,
 Indemnification,
 Forfeiture or confiscation of instruments and proceeds of the offense,
 Payment of costs. Sections 2 & 3, RA 9346: Rp or LI RP = not eligible for parole under Act No 4103 ISL RP V IL RP: Imposed in violation of the RPC; Carries a fixed duration: 20 to 40 years; Carries with it accessory penalties. IL: Imposed in violation of special penal laws; No fixed duration; Does not carry accessory penalties. Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held, even if conferred by popular election. 
 2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. 
 3. The disqualification for the offices or public employments and for the exercise of any of the rights

mentioned.
 In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 
 4. The loss of all rights to retirement pay or other pension for any office formerly held. 
 Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 
 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. 
 Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. — The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. Art. 87: Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated. PADis v TADis P; Effective during the lifetime of the convict and even after the service of the sentence. T: Disqualification lasts during the term of the sentence, and is removed after the service of the sentence, except: 1.Deprivation of the public office/employment; 2. Loss of all rights to retirement pay or pension for any office formerly held. Fine A pecuniary penalty which is imposed by the court in case of the judgment of conviction. Instead of imprisonment, the penalty imposed is fine. Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. B Keep Peace v Good B Peace: [Not applicable to any particular case]; Failure to post a bond to keep the peace results to imprisonment either for 6mo or 30d, depending on whether the felony committed is grave or less grave on one hand, or a light felony on the other. Good: Applicable only to cases of grave threats and light threats; Failure to post a bond for good behavior is destierro under Art. 284.

Accessory Penalties CIVIL INTERDICTION Under Articles 40 to 41, civil interdiction is an accessory penalty that necessarily follows the principal penalty of death, reclusion perpetua and reclusion temporal. Art. 34: Civil interdiction shall deprive the offender during the time of his sentence of the rights of:
 1. parental authority, 2. guardianship, either as to the person or property of any ward, marital authority,
 4. the right to manage his property and
 5. the right to dispose his property by any act or any conveyance inter vivos. Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. GR: The proceeds and instruments of the crime are forfeited in favor of the government.
 XPN: Unless they belong to a 3rd person who is not a party to the crime.
 XPN to XPN: if the articles are outside the lawful commerce of man. PAYMENT OF COST Cost refers to expenses of litigation Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. Art. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except: 1. recidivists; 2. When summoned for execution of sentence have failed to durrender voluntarily If detention prisoner does not agree he shall do so in writing with assistance of counsel and shall be credited four fifths of time. Credit for RP shall be deducted from 30 yrs. Undergone PI for a period equal to the possible maximum imprisonment of the offense charged – released immediately Pardon CE v OFF Party CE: It extinguishes the criminal liability of the offender; It cannot exempt the offender from the payment of civil indemnity; Granted only after conviction and may be extended to any offender. OP: It does not extinguishes the the criminal liability of the offender.
 XPN: Marital Rape (Art. 266C). Pardon granted by the wife to the husband in case of rape shall extinguish criminal action already filed and liability, or even the penalty already imposed by the court; Offended party can waive the civil liability; Pardon should be given before the institution of criminal prosecution and must be extended to both offenders (Art. 344). In addition, Presidential Pardon does not automatically restore the following rights, and they must be specifically stated by the terms of the pardon: 1. to hold public office,
 2. to vote and be voted, and
 3.to exercise his right of suffrage. Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following

order: 1. The reparation of the damage caused. 2. Indemnification of consequential damages 3. The fine. 4. The cost of the proceedings. 
 P. Liab v P. Penalties L: Conviction but not as penalty; 4 ; P: Conviction as P Fine & payment of cost SUBSIDIARY PENALTY [IMPRISONMENT] Is a substitute penalty for fine and fine alone. [The] penalty [imposed] includes fine and the 
 convict happens to be insolvent. 
 There must also be EXPRESS statement in 
 the judgment that in case of insolvency to pay the fine, he shall suffer subsidiary imprisonment. 
 If the convict has no property with which to meet the fine mentioned m paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court" Rules: (39) 
 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. 3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April 21, 1969). Instances when convict cannot be made to suffer subsidiary penalty 1. When the penalty imposed by the court does 
 not include fine, 
 2.Penalty includes fine but there is no express 
 statement in the judgment that in case of insolvency to pay the fine, he shall suffer subsidiary penalty, 
 3. When what the convict failed to pay is a fine but reparation of damage caused or indemnification for damages because subsidiary penalty is a penalty against fine and fine alone, 
 4. If the principal penalty that goes with fine higher than prision correctional, and 
 5.Iftheprincipalpenaltythatgoeswithfineisnot to be executed by confinement in a penal institution and without a fixed duration. 
 Article 48. Penalty for complex crimes Elements of Compound Crime 1. Offender performs a single act; 
 2. The act resulted in two or more grave or 
 less grave felonies. 


6.

Basis: singularity of act, NOT singularity of impulse.
 Effect: Penalty for the most serious charge in its maximum period. File only 1 information. Murder with multiple frustrated murder; Double murder; Elements of Complex Crime Proper: 1. Two offenses are committed, 2. One offense is a necessary means to 
 commit the other, 
 3. Both offenses are punished by the same 
 statute 
 Effect: like compound crimes, the penalty for the most serious crime shall be imposed, in its maximum period. Rape with forcible abduction, Estafa thru falsification of public document. 
 SPECIAL COMPLEX CRIME - In reality two or more crimes committed but in the eyes of law only one. The law provides what crimes would be complexed and what crimes go together. Robbery with homicide - A was robbing the house, in course of robbery the owner of house was awaken, he shot the owner, Art. 294: reclusion perpetua to death, b) Kidnapping with homicide- A kidnapped B, when b is trying to escape he shot B. Law provides for specific penalty which is death c) Rape with homicide - A raped B, after raping he killed B. Art 266B – reclusion perpetua to death if in occasion of rape, homicide is committed. d) Attempted Rape with Homicide- There is an attempt to rape the victim. In the course thereof, he killed the victim; Spcl CC: Law provides what offense which should be complexed; The law provides for the specific penalty for the combined crimes; If a light felony is committed, generally, it is absorbed by the said special complex crime. CC: Two or more grave or less grave offense, or an offense is a necessary means to commit the other; The penalty for the most serious offense is imposed in the maximum period; If a light felony is committed, generally, it brings about a separate and distinct charge. CONTINUED
 Crime, Continuous Crime, Delicto Continuado When the offender is impelled by a single criminal impulse commits a series of overt acts in about the same time and about the same place violating one and the same provision of law. Requisites of Delicto Continuado (Defensor- Santiago v. Garchitorena & People):
 1. Plurality of acts performed during a period of time; 2. Unity of penal provisions violated; 3. Unity of criminal purpose or aim 
 Basis is singularity of impulse. CONTINUING CRIME OR TRANSITORY OFFENSE - The offender may be prosecuted in any courts of the place where any of the crime has been committed. Limitation: the moment he is prosecuted in one court, he can no longer be prosecuted in any other court. Art. 46. Penalty to be imposed upon principals in general. GR: Arts. 50-57 provides that if the offender is an: Accomplice, you go 1 degree lower F2/At3 Accessory - 2 degrees lower from the penalty prescribed by law/F3/At4 Frustrated Stage (P) - 1 degree lower from the penalty prescribed by law Attempted Stage (P)- 2 degrees lower from the penalty prescribed by law GR:
 1. Penalties are imposed upon the principals,
 2. Whenever the law prescribes a penalty or a felony in general terms,it shall be understood to apply to a consummated felony. XPN: These shall not apply if:
 1. Thelawexpresslyprovidespenaltiesforaccomplicesandaccessoriesofacrime, 2. Thelawexpresslyprovidespenaltiesforfrustratedandattemptedstages. Art. 62. Effects of the Attendance of Mitigating or Aggravating Circumstances and of Habitual

Delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 1(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances. The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group. An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime (As amended by RA 7659). 2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. 
 4. The circumstances which consist in the 
 material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 
 5. Habitual D shall have the ff effects: a) Upon a third conviction, the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prisión correccional in its medium and maximum periods; b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor iin its minimum and medium requirements; and c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its maximum period to reclusión temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. Article 63. Rules for the application of indivisible penalties. - In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof:
 1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.
 2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied.
 3. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. 4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation.

Art. 64. Rules for the application of penalties which contain three periods. — In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.chanrobles virtual law library 2. When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its minimum period.chanrobles virtual law library 3. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.chanrobles virtual law library 4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight.chanrobles virtual law library 5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances 6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period.chanrobles virtual law library 7. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime.chanrobles virtual law library Degree of penalty Is a penalty prescribed by law for every crime committed whether divisible or indivisible. Period of penalty Refers to the subdivision of every said divisible penalty into three portions, the first portion is minimum, second is medium, third is maximum Indivisible penalty - penalty with no fixed duration:
 death,
 reclusion perpetua, perpetual absolute disqualification, perpetual special disqualification, Divisible penalty - penalty with fixed duration and therefore can be divided into three periods. The first portion is minimum, second is medium, and third is maximum. Indeterminate Sentence Law (RA 4103) modifies the imposition of penalty. It is applied both to RPC and special laws. It provides for a minimum and max term, such that the moment the offender serves the minimum of the sentence, he shall be eligible for parole. If granted, he will serve the remainder of the sentence out of prison, but subject to the supervision of the parole officer. The ISLAW is related to Art. 64 of the RPC. Courts are mandated to fix a minimum term of sentence and maximum term of sentence. When he served minimum, he can be release for parole under conditions. Under parole he is released but under supervision of parole officer. Objectives of ISLAW: 1. Uplift and redeem valuable human material, 
 and 2. Avoid unnecessary and excessive deprivation 
 of liberty. 
 Parole - conditional release of the offender form the correctional institution after serving minimum sentence after showing that he has reformed. Note it does not extinguish criminal and civil liability. Requisites 1. He must be placed in prison/jail to serve an indeterminate sentence which exceeds 1 year; 2. Served minimum term of sentence; 3. Board of pardons and parole found that his 
 release is for greater interest of society. 
 ISL applies to all offenders and all felonies.

This act shall not apply to persons: 1. Convicted of offenses punished by death or life 
 imprisonment (reclusion perpetua is included, 
 based on jurisprudence); 
 2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition, or espionage, 3. Those convicted of piracy, 4. Those who are habitual delinquents, Recidivists are entitled to an indeterminate sentence 
 5. Those who shall have escaped from confinement or evaded sentence.
 NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the law because confinement is not considered imprisonment 6. Those who having been granted conditional pardon by the President shall have violated the terms thereof. 7. Those whose maximum period of imprisonment does not exceed one year. PROBATION- disposition by which a convict after conviction and sentence is released subject to the conditions imposed by the court under the supervision of a probation officer. No application shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. Provided, that when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such judgment is modified thorugh the imposition of a probationable penalty, the defendant shall be allowed to apply based on the modified decision before such decision becomes final. This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified decision which already imposes a probationable penalty. The filing of the application shall be deemed a waiver of the right to appeal. DISQUALIFIED TO AVAIL OF PROBATION (Sec. 9, as amended by RA 10707, and other laws): 1. Those whose maximum term of imprisonment 
 is more than 6 years, 2. those who have been convicted of any crime 
 against national security, 
 3.Those who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00) 4. those who have already availed the benefit of probation 
 5. those who have perfected an appeal from judgment of conviction [which imposes a probationable penalty. If the conviction was for a non-probationable penalty, and the convict appeals, resulting to the modification of judgment imposing a probationable penalty, the convict may now apply for probation. SEE RA 10707] 
 6. those convicted of an election offense under the Omnibus Election Code 
 7. Those convicted of drug trafficking or drug pushing, 
 8. Those who filed a malicious report that a person is committing a violation of Anti- money laundering law and was convicted because of such malicious filing. 
 APPLICATION FOR PROBATION (See also Sec. 4 as amended by RA 10707):
 Filed before the Trial Court which heard the case within the period of perfecting an appeal or within 15 days from promulgation of judgment. No application for probation shall be entertained when the offender has already perfected an appeal. Likewise, the filing of an application for probation shall be a waiver of the right to file an appeal. EXCEPTIONS TO RULE THAT APPEAL PREVENTS PROBATION: 1. If the appeal is only for the purpose of reducing the penalty to a probationable penalty. That the only reason for appealing is to question the high penalty imposed. However, if in the said appeal, the offender questions the merits of the case, he can no longer apply for probation 2. Under the Juvenile Justice and Welfare Act, if the offender is a minor he can file an application for probation at any time even if after appeal. It is only necessary that the penalty

imposed upon him is a probationable penalty. CONDITIONS IMPOSED UPON OFFENDER UNDER PROBATION:
 1. MANDATORY a. Appear before the probationary officer within 72 hours from the receipt of the order. b. Report once a month 2. DISCRETIONARY/ SPECIAL Dependent upon the sound discretion of the court. Sentence / Period of probation: Imp not more than 1 yr / not exceed 2yrs In all cases of Imp – not exceed 6 yrs Fine & only subsidiary imp - Not less than nor be more than 2x than the total number of days of subsidiary imprisonment, taking into account the highest minimum wage rate at the time of the rendition of the judgment. LEGAL EFFECT OF PROBATION: Its only legal effect is to suspend the execution of the sentence. It has nothing to do, and has no effect, on civil liability. EFFECT OF AN ORDER OF FINAL DISCHARGE OF PROBATION (Sec. 16, as amended): 1. Restore the civil rights lost or suspended by 
 reason of conviction, including the penalty of 
 fine, and 
 2. Totally extinguish the criminal liability for the 
 crime he committed (RA 10707). 
 But, the offender should still pay the civil indemnity to the offended party. Successive Service of Sentence & 3F Rules Art. 70, the convict shall serve a sentence, as rule, simultaneously. If the nature of the penalty allows simultaneous service of sentence. And what penalties allows simultaneous sentence? Improvementandfine
 Imprisonment and suspension
 Imprisonment and public censure He shall serve them successively as provided for under Art. 70. THREE-FOLD RULE – limitation on the successive term of sentence. Art. 70 provides that the maximum duration of sentence shall not exceed three times the length of the most severe penalty and that in no case shall exceed 40 years. Graduated Scale 1. Death, Reclusion perpetua, Reclusion temporal, 
 Prision mayor, Prision correccional, 
 Arresto mayor, 
 Destierro, 
 Arresto menor, 
 Public censure, 
 Fine. 2. Perpetual absolute disqualification, 
 Temporal absolute disqualification Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling/ Public censure /Fine. 
 Art. 72. Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him, beginning with the first in order of time. Destierro shall be imposed in the following cases: 1. Death or serious physical injuries is caused or 
 are inflicted under exceptional circumstance 
 (Art. 247), 2. Person fails to give bond for good behavior in 
 grave and light threats 3. Concubine's penalty for the crime of 
 concubinage, 4. When after reducing the penalty by 1 or more 
 degrees, destierro is the proper penalty. 
 Execution of Destierro
 a) Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified: not more than 250KM and not less than 25KM from the place designated. b) If the convict enters the prohibited area, he commits evasion of sentence. Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
 1) By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the

offender occurs before final judgment. 2) By service of the sentence
 3) By amnesty, which completely extinguishes the penalty and all its effects
 4) By absolute pardon
 5) By prescription of the crime
 6) By prescription of the penalty
 7) By the marriage of the offended woman, as provided in Art 344 of this Code AMNESTY is an act of grace from the power entrusted with the execution of the law which does not only exempt the offender from the service of penalty for the crime committed, but also obliterates the effects of the crime. It does not only suspend the execution of the sentence. It also obliterates the effects of the crime. ABSOLUTE PARDON- act of grace received from the power entrusted with the execution of the law which exempts the offender from the penalty prescribed by law for the crime committed. P: Merely suspends the execution of sentence, erases the penalty to be imposed; Granted only after conviction by final judgment; Private act of President. As such, the person pardoned must plead and prove it before the courts. No judicial notice of pardon; May be given to all kinds of offenders. A: Obliterates all effects of crime as if no crime was committed; Granted at any stage of proceedings, before during or after final judgment; Public act of President. Granted with the concurrence of Congress. Courts take judicial notice of it; Generally granted to a class or group of persons who have committed political offenses. Art 90 – prescription of Crime: Death RP RT – 20 yrrs Other afflictive p – 15y Correctional ex arresto mayor – 10 y Arresto Mayor – 5y Libel – 1 yr Oral D & slander – 6mos Loght offenses – 2mos PRESCRIPTION OF PENALTY- loss of the right of the State to execute the final sentence. The moment the penalty has prescribed, the convict becomes a free man. The state can no longer arrest him and make him suffer the penalty imposed. Prescription of Penalties Death & RP – 20yrs Other Afflictive P – 15y Correctional ex Arresto Mayor – 10y Arresto mayor – 5 yrs Light penalties – 1yr Commences to run: Date when convict should evade the service of sentence Interrupted: Should give himself up, Be captured, 
 Should go to some foreign 
 country which the Phil. Government has no extradition treaty, or Should commit another crime before the expiration of the period of prescription. PC v PP PC: Loss or forfeiture of the right of the State to prosecute; Starts counting upon the discovery of the commission of the crime; Mere absence from the Philippines interrupts the running of the prescription; Commission of another crime before the expiration of the prescriptive period does not interrupt

prescription. PP: Loss or forfeiture of the right of the State to enforce final judgment; Starts counting upon the escape or evasion of service of sentence; Absence from the Philippines interrupts the period only when the convict goes to a foreign country without an extradition treaty with the Philippines; Commission of another crime before the expiration of the period interrupts the prescription. Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially: 1. By conditional pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence. (As amended by RA 10592) 
 4. By parole (not in codal) 
 5. By probation (not codal) 
 MODES FOR PARTIALLY EXTINGUISHING CRIMINAL LIABILITY 1Conditional Pardon 2 Commutation of sentence 
 3 Good conduct of allowance 
 COMMUTATION OF SENTENCE- a new penalty is imposed shall be in lieu of the original sentence. Ex: death penalty commuted to Reclusion Perpetua. Reclusion Perpetua should now be served instead of death. GOOD CONDUCT ALLOWANCE (ART 97 [& 99], as amended by RA 10592)- if the offender has been behaving properly in prison, the Director of the BuCor, the Chief of BJMP and/or the Jail Warden shall compute the good conduct allowance in favor of the offender so that he will be immediately released. GR: Civil action impliedly instituted in criminal action.
 Art. 100: Every person criminally liable is also civilly liable. For every criminal action filed in court, the civil action for the recovery of civil liability is deemed impliedly instituted. This is because in the commission of a crime, 2 injuries are inflicted: Social injury against the State for the disturbance of social order and 2. Personal Injury against the offended party and his heirs. Requisites to hold Employers subsidiarily liable for crimes of employees: 1 Employer must be engaged in some kind of 
 industry 2. Employer and employee relationship 3. Employee committed a crime in the 
 exercise of his duties as employee 
 4. There must be conviction of the crime and the employee was found insolvent to pay civil indemnity. The moment the employee was found insolvent, the liability of the employer now becomes absolute. A motion for the issuance of a subsidiary writ of execution must then be filed by the 
 complainant. 
 rt. 104. What is included in civil liability. — The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:
 1. Restitution; 2. Reparation of the damage caused;
 3. Indemnification for consequential damage RESTITUTION- Return of the thing itself, if it can be returned. Even if the thing is in possession of an innocent purchaser for value without prejudice to the action that the said innocent purchaser may have against the other person. Exception: if the innocent purchaser acquired the said property in a public sale. Then, it can no longer be taken away from him. REPARATION- If restitution is not possible, we have reparation of damages. The judge shall impose against the accused payment for the value of the thing together with the special sentimental value to the owner thereof. INDEMNIFICATION OF CONSEQUENTIAL DAMAGES - Consists of moral damages, exemplary damages, and actual damages for the damages incurred by the offended party and/or his heirs.

CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 124. ARBITRARY DETENTION (1) Offender is a public officer or employee (vested w/ Au) 
 (2) He detains a person (3) Detention is without a legal ground 
 D - actual confinement of a person in an enclosure, or in any manner 125. DELAY IN THE DELIVERY OF DP (1) O. is a PO OR EE 
 (2) detains a person for some legal ground 
 (3) He fails to deliver such person to the proper judicial authorities within – 
 (a) 12 hours for light penalties (b) 18 hours for correctional penalties (c) 36 hours for afflictive or capital penalties 126. DELAYING RELEASE (1) O. is a PO OR EE (2) There is a: (a) Judicial or executive order for the release of a prisoner or detention prisoner, or 
 (b) A proceeding upon a petition for the liberation of such person 
 (3) Offender without good reason delays – 
 (a) service of the notice of such order to the prisoner (b) performance of such judicial or executive order for the release of the prisoner; or 
 (c) proceedings upon a petition for the release of such person 
 127. EXPULSION (1) same (2) He either– (a) Expels any person from the Phi (v. aliens only) ; (b) Compels a person to change residence
 (any) (3) Offender is not authorized to do so by law 
 128. VIOLATION OF DOMICILE (1) Offender is a public officer or employee (2) Heisnotauthorizedbyjudicialorder– (a) Entering any dwelling against the will of the owner (+objection) (b) Searching papers or other effects found therein without the previous consent of such owner, or 
 (c) Refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same 
 129. SW MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED 1) Procuring a search warrant without just cause: (a) Same; (b) He procures a search warrant (c) There is no just cause 
 2) Exceeding authority or using unnecessary severity in executing a search warrant legally procured:

(a) Same (b) He has legally procured a SW
 (c) He exceeds his authority or uses unnecessary severity in executing 130. SEARCHING DOMICLE WITHOUT WITNESSES (1) Same (2) He is armed w/ SW legally procured (3) He searches the domicile, papers or other belongings of any person (4) The owner, or any members of his family, or two witnesses residing in the same locality (same brgy) are not present 131. PROHIBITION, INTERRUPTION & DISSOLUTION OF PEACEFUL MEETINGS (1) Same (1) Offender is a public officer or employee (2) He performs any of the following acts: (a) Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same 
 (b) Hindering any person from joining any lawful association, or from attending any of its meetings 
 (c) Prohor hind any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances 
 CRIMES AGAINST RELIGIOUS WORSHIP 132. INTERRUPTION OF RELIGIOUS WORSHIP (a) Same 
 (b) Religious ceremonies or manifestations of any religion are about to take place or are going on (c) Offender prevents or disturbs the same 
 133. OFFENDING THE RELIGIOUS FEELINGS (1) 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 CRIMES AGAINST PUBLIC ORDER 134 – REBELLION OR INSURRECTION (1) There is a public uprising and taking arms against the government; (2) The purpose of the uprising or movement is: (a) To remove from the allegiance to the government or its laws the Philippine territory or any part thereof, or anybody of land, naval, or other armed forces; or 
 (b) To deprive the CE or Congress, wholly or partially, of any of their powers or prerogatives. 
 R – Object is to completely overthrow and supplant the existing government; I - movement seeking to effect some change of minor importance or to prevent the exercise of governmental authority with respect to particular matters or subjects 134-A COUP D’ETAT 1) Offender is a person or persons belonging to the military or police or holding any public office or employment; 
 (2) It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth; 
 (3) directed against the duly constituted authorities, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued

possession of power; 
 (4) The purpose of the attack is to seize or diminish state power. 
 135. – PENALTY FOR R/I/C L: (a) Any person who promotes, maintains or heads a rebellion or insurrection; or 
 (b) Any person who leads, directs or commands others to undertake a coup d’état; 
 P: Any person who: a) participates or executes the commands of others in rebellion or insurrection; b) in the government service who participates or executes directions or commands of others c) not in the government service who participates, supports, finances, abets or aids; d) If under the command of unknown leaders, any person who directed the others, spoke for them, signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader. 
 136. – CONSPIRACY & PROPOSAL – C/R/I 137. – DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES (1) Of. is a PO or Ee;
 (2) Offender commits any of the following acts: (a) Failing to resist a rebellion by all the means in their power; 
 (b) Continuing to discharge the duties of their offices under the control of the rebels 
 (c) Accepting appointment to office under them. 
 138. – INCITING TO REBELLINON OR INSURRECTION (a) Of does not take arms or is not in open hostility against the government; 
 (b) incites others to the execution of any of the acts of rebellion; 
 (c) The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. 
 139. – SEDITION (1) Offenders rise publicly and tumultuously; (2) Offenders employ force, intimidation, or other means outside of legal methods; (3) Purpose is 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 from exercising its or his functions, or prevent the execution of an 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 classes; 
 (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 140. PENALTY – leader & Participant 141. CONSPIRACY TO COMM S. 142. INCITING TO S. 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, cartoons, banners or other reps. 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace. 4. Knowingly concealing such evil Clear and Present Danger Rule: The words must be of such nature that by uttering them there is a

danger of a public uprising and that such danger should be both clear and imminent. The danger must not only be probable but very likely inevitable. Dangerous Tendency Rule: If the words used tend to create a danger of public uprising, then those words could properly be the subject of a penal clause. CRIMES AGAINST POPULAR ELECTION 143. - ACTS TENDING TO PREVENT THE MEETING OF THE CONGRESS OF THE PHILIPPINES AND SIMILAR BODIES 1) projected or actual meeting of Congress or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board; 
 2) Off, (any p.) prevents such meetings by force or fraud. 
 144. – DISTURBANCE OF PROCEEDINGS 1) meeting; 2) Off. – disturbs; 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. 
 145. VIOLATION OF PARLIAMENTARY AU. A) (1) Offender uses force, intimidation, threats or fraud; 
 (2) purpose is to prevent any member of Congress from: (a) Attending the meetings (b) Expressing his opinion; or 
 (c) Casting his vote. 
 B) (a) Off is PO or Ee; 
 (b) He arrests or searches any member of Congress; (c) at the time of arrest or search, is in regular or special session; 
 (d) The member not committed a crime punishable under the Code by a penalty higher than prision mayor. 
 146. – ILLEGAL ASSEMBLIES 1: Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. 2: Any meeting in which the audience, armed or not, is incited to T/R or I/ S or Assualt person in Au 147. – ILLEGAL ASSOCIATIONS Associations totally or partially organized for the purpose of a) crimes RPC; b) purpose contrary to public morals. 
 Persons liable: (1) Founders, directors and president of the association; (2) members 148. DIRECT ASSUALT - Without public uprising, 1) by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; 2) by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents while engaged in the performance of official duties, or on occasion of such performance. Assault is qualified when: (a) weapon employed in the attack 
 (b) offender is a public officer (c) offender lays hands on a public authority (CC w/ H or M / S or LS PI) 149. INDIRECT ASSAULT - 1) PA or APA is the victim of any of the forms of DA; 
 (2) person comes to the aid of such PA OR APA; (3) Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. 
 150 – DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, 1) By refusing, without legal excuse, to obey summons of Congress, its special or standing committees 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. 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSONS (1) A PA or APA is engaged in the performance of official duty or gives a lawful order to the offender; 
 (2) Offender resists or seriously disobeys(3) The act of the offender is not included in the provision of Articles 148, 149 and 150 
 152. PA & APA PO –Any person who takes part in the performance of public functions in the government. PA - directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. APA - Any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. PUBLIC DISORDERS 153. 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 place; 4: Displaying placards or emblems which provoke a disturbance of public order in such place; 5: Burying with pomp the body of a person who has been legally executed. 154 – UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES 1: Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2: Encouraging disobedience to the law or to the constituted authorities or praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches; 3: Maliciously publishing or causing to be published any official document or resolution without proper authority, or before they have been published officially; 4: Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. 155 – ALARMS AND SCANDALS 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger; 2: Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3: Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; 4: Causing any disturbances or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable. 156 – DELIVERING PRISONERS FROM JAIL (1) There is a person confined in a jail or penal establishment; (2) Offender removes therefrom such person, or helps the escape of such (he has

custody – 223: infidelity in the custody) 157 – EVASION OF SERVICE OF SENTENCE (1) Off - convict by final judgment; 
 (2) He is serving sentence - deprivation of liberty; (3) He evades service of his sentence by escaping during the term of his imprisonment. 
 Qualifying circumstances:(a) By means of unlawful entry (this should be “by scaling); 
 (b) By breaking doors, windows, gates, walls, roofs or floors; 
 (c) By using picklock, false keys, disguise, deceit, violence or intimidation; or 
 (d) Through connivance with other convicts or employees of the penal institution. 158 – EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES 1) Offender is a convict by final judgment, who is confined in a penal institution; 2) There is disorder, resulting from – (a) conflagration;
 (b) earthquake;
 (c) explosion; (d) similar catastrophe; or (e) mutiny in which he has not participated; 3) He 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) He 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. 5) Leaving the penal establishment is not the basis of criminal liability. What is punished is the failure to return within 48 hours after the passing of the calamity, conflagration or mutiny had been announced. 159 – OTHER CASES OF EVASION OF SERVICE OF SENTENCE (1)Offender was a convict; (2) He was granted a conditional pardon by the Chief Executive; (3) He violated any of the conditions of such pardon. 
 160 – QUASI-RECIDIVISM E: (1) Offender was already convicted by final judgment of one offense; 
 (2) He committed a new felony before beginning to serve such sentence or while serving the same. 
 CRIMES AGAINST PUBLIC INTEREST 161: Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive 
 (FORGER) (1) Great Seal of the Government of the Philippines; (2) Signature of the President; (3) Stamp of the President. 
 162: Using Forged Signature or Counterfeit Seal or Stamp (Seal was Counterfeited or Stamp of CE; offender knew; he used it) 163: Making and Importing and Uttering False Coins (1) There be false or counterfeited coins; (2) Offender either made, imported or uttered such coins; (3) In case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers. 


164: Mutilation of Coins 
 (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. PD 247 Prohibiting and Penalizing Defacement, Mutilation, Tearing, Burning or Destruction of Central Bank Notes and Coins 165: Selling of False or Mutilated Coin, Without Connivance 
 1: Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated; 2: Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. 166: Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing and Uttering Such False or Forged Notes and Documents 
 (1) Forging or falsification of treasury or bank notes or other documents payable to bearer; (2) Importation of such false or forged obligations or notes; (3) Uttering of such false or forged obligations or notes in connivance with the forgers or importers.

167: Counterfeiting, Importing, and Uttering Instruments Not Payable to Bearer 
 E: (a) There is an instrument payable to order or other document of credit not payable to bearer; (b) Offender either forged, imported or uttered such instrument; (c) In case of uttering, he connived with the forger or importer. 
 ACTS OF FORGERY 168 – ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT E: (1) Any treasury or bank note or certificate or other obligation and security: (a) Payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is 
 (b) Forged or falsified by another person; 
 (2) Offender knows that any of instruments is forged or falsified; (3) He either– (a) Uses any of such forged or falsified instruments; or (b) Possesses with intent to use any of such forged or falsified instruments 
 169 – HOW FORGERY IS COMMITTED (a) By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document; 
 (b) By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein. 
 “Forging” – By giving any treasury or bank note, or any instrument payable to bearer, or to order the appearance of a true and genuine document. “Falsification” – By erasing, substituting, counterfeiting or altering by any means, the figures, letters, words, or signs contained therein; any acts in 171

170 – FALSIFICATION OF LEGISLATIVE DOCUMENTS E: (1) There is 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) Offender alters the same; (3) He has no proper authority therefor; (4) The alteration has changed the meaning of the documents. 171 – FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER (1) Offender is a Public officer, employee, or notary public; 
 (2) He Takes advantage of his official position; 
 (3) He falsifies a document by committing any of the following acts: 
 (a) Counterfeiting or imitating any handwriting, signature or rubric; (b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; (c) Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; (d) Making untruthful statements in a narration of facts; (e) Altering true dates; (f) Making any alteration or intercalation in a genuine document which changes its meaning; (g) Issuing in an authenticated form: 1) A document purporting to be a copy of an original document; 2) When no such original exists, or 
 3) Including in such a copy a statement contrary to, or different from, that of the genuine original; (h) Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. 172 – FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS 1: Falsification of public, official or commercial document by a private individual; (1) Offender is a Private individual OR Public officer or employee who did not take advantage of his official position; (2) He committed any act of Fals (Art. 171); (3) The falsification was committed in a public, official, or commercial document or letter of exchange. 
 2: Falsification of private document by any person; (1) Offender committed any of the acts of Falsification except Article 171(7), that is: (a) Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or (b) Including in such a copy a statement contrary to, or different from, that of the genuine original; (2) Falsification was committed in any Private document; (3) Falsification causes Damage to a third party or at least the falsification was committed with intent to cause such damage. 3: Use of falsified document.
 Elements in introducing in a judicial proceeding (1) Offender Knew that the document was falsified by another person; (2) TheFalsedocumentisinArticles171or172(1 or 2); (3) He Introduced said document in evidence in any judicial proceeding. Elements in use in any other transaction – (1) Offender Knew that a document was falsified by another person; 
 (2) The False document is embraced in Articles 171 or 172 (1 or 2); 
 (3) He Used such document; (4) The use caused Damage to another or at least used with intent to cause damage. 
 173 – FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES,

AND USE OF SAID FALSIFIED MESSAGES 1: Uttering fictitious wireless, telegraph or telephone message; E: (a) Offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message; 
 (b) He utters fictitious wireless, cable, telegraph or telephone message. 
 2: Falsifying wireless, telegraph or telephone message; (a) Same (b) He falsifies wireless, cable, telegraph or telephone message. 3: Using such falsified message. (a) Offender
 knew that wireless, cable, telegraph, or telephone message (1) Was falsified by an officer or employee of the government or an officer or employee of a private corporation engaged in the service of sending or receiving wireless, cable or telephone message; (b) He used such falsified dispatch; (c) The use resulted in the prejudice of a third party or at least there was intent to cause such prejudice. 174 – FALSE MEDICAL CERTIFICATES, FALSE CERTIFCATES OF MERITS OF SERVICE, ETC. Persons liable: (1) Physician or surgeon who, in connection with the practice of his profession, issues a false certificate (it must refer to the illness or injury of a person); 
 (2) Public officer who issues a false certificate of merit of service, good conduct or similar circumstances; 
 (3) Private person who falsifies a certificate falling within the classes mentioned in the two preceding subdivisions. 
 175 – USING FALSE CERTIFICATES (1) same with 174 (2) Offender knows that the certificate was false; (3) He uses the same. 176 – MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION Acts punished: (1) Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting or falsification; 
 (2) Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. 
 177 – USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS 1: Usurpation of authority. (no connection with the office represented) E: (1) Offender knowingly and falsely Represents himself; (2) As an Officer, agent or representative of any department or agency of the Philippine government or of any foreign government. 
 2: Usurpation of official functions. (excess of authority) (1) Offender performs any act; 
 (2) Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof; 
 (3) Under pretense of official position; 
 (4) Without being lawfully entitled to do so 
 178 – USING FICTITIOUS AND CONCEALING TRUE NAME 1: Using fictitious name (1) Offender uses a name other than his real name; (2) He uses the fictitious name publicly; (3) Purpose of use is to conceal a crime, to evade the execution of a judgment or to

cause damage [to public interest 2: Concealing true name (1) Offender conceals his true name and other personal circumstances; (2) Purpose is only to conceal his identity. 
 179 – ILLEGAL USE OF UNIFORMS AND INSIGNIA (1) Offender makes use of insignia, uniforms or dress; (2) such pertains to an office not held by such person or a class of persons of which he is not a member; 
 (3) items are used publicly and improperly. 180 – FALSE TESTIMONY AGAINST A DEFENDANT (1) There is a criminal proceeding; (2) Offender testifies falsely under oath against the defendant therein; (3) Offender who gives false testimony Knows that it is false. (4) Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. 
 181 – FALSE TESTIMONY FAVORABLE TO THE DEFENDANT E: (1) A person gives false testimony; (2) In favor of the defendant; (3) Inacriminalcase. 
 182 – FALSE TESTIMONY IN CIVIL CASES E: (1) Testimony given in a civil case; (2) Testimony relates to the issues presented in said case; 
 (3) Testimony is false; (4) Offender knows that testimony is false; (5) T. is malicious 
 (6) And given with an intent to affect the issues presented in said case. 183 – FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION Acts Punished (1) By falsely Testifying under oath; (2) By Making a false affidavit. 
 E: (1) Offender Makes a statement under oath or executes an affidavit upon a material matter; (2) The statement or affidavit is made Before a competent officer, authorized to receive and administer oaths; 
 (3) Offender makes a Willful and deliberate assertion of a falsehood in the statement or affidavit; 
 (4) The sworn statement or affidavit containing the falsity is Required by law, that is, it is made for a legal purpose. 
 Oath – any form of attestation by which a person signifies that he is bound by conscience to perform an act faithfully and truthfully. Affidavit – sworn statement in writing; 184 – OFFERING FALSE TESTIMONY IN EVIDENCE E: (1) Offender fffers in evidence a false witness or testimony; 
 (2) He knows that the witness or the testimony was false; 
 (3) The offer is made in any judicial or official proceeding. 
 185 – MACHINATIONS IN PUBLIC AUCTIONS 1: Soliciting any gift or promise as a
 consideration for refraining from taking part in
 any public auction; 2: Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice. 186 – MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE 1: Combination to prevent free competition in the market 2: Monopoly to restrain free competition in the market 3: Manufacturer, producer, or processor or importer combining, conspiring or agreeing

with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise 187 – IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS - imports; stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys; knows 
 


CRIMES AGAINST PUBLIC MORALS Gambling – any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made. PD 1602 – AP: (1) Any person who, in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of— (a) Cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; (b) Cara y cruz, pompiang and the like; (c) 7-11 and any game using dice; (d) Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other card games; (e) Paik que, high and low, mahjong, domino and other games using plastic tiles and the like; (f) Slot machines, roulette, pinball and other mechanical contraptions and devices; (g) Dog racing, boat racing, car racing and other forms of races; (h) Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; (i) Banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made; (2) Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in an inhabited place or in any building, vessel or other means of transportation owned or controlled by him. (3) Any person who shall knowingly permit any form of gambling to be carried on in a place which has a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or the place is a public or government building or barangay hall; (4) The maintainer or conductor of the above gambling schemes. (a) Maintainer: a person who sets up and furnishes the means with which to carry on the gambling game or scheme. 
 b) Conductor: a person who manages or carries on the gambling game or scheme. 
 (5) A government official who is a maintainer, conductor or banker of said gambling schemes, or the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination. 
 (6) Any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place. 
 (7) Any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith. 
 (8) Any security officer, security guard, watchman, private or house detective of hotels, villages,

buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held. 
 ART 198 ILLEGAL BETTING ON HORSE RACES Allowed: 1) Sundays; 24 Saturdays; Legal holidays Ex: Independence Day; Rizal Day; Reg. or voting day; Holy Thursday; Good Friday Not Allo: 1) july 4th; Dec 30; Reg. or Voting day; Holy T or Good F. ART 199: ILLEGAL COCKFIGHTING Allowed: 1) Sundays; Legal holidays Ex: Independence Day; Rizal Day; Reg. or voting day; Holy Thursday; National Heroes Day; Good Friday; Election or Referendum Day;/ 2) During Local Fiestas for not more than 3 days; 4) fair, carnival or exposition 3days 200 – GRAVE SCANDAL (1) Offender performs an act or acts; (2) Such act or acts be highly scandalous as offending against decency or good customs; (3) The highly scandalous conduct is not expressly falling within any other article of this Code; and (4) The act or acts complained of be committed in a public place or within the public knowledge or view. 
 201 – IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS (a) Those who shall publicly expound or proclaim doctrines openly contrary to public morals; 
 (b) The authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; the owners/operators of the establishment selling the same; 
 (c) Those who, in theaters fairs cinematographs, or any other place, exhibit indecent or immoral plays, scenes, acts, or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which: 
 (1) glorify criminals or condone crimes; 
 (2) serve no other purpose but to satisfy the market for violence, lust or pornography; 
 (3) offend any race, or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts; 
 (d) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. 202 – PROSTITUTION (1) The offender is a woman; (2) She habitually indulges in sexual intercourse or lascivious conduct; 
 (3 for money or profit 
 CRIMES COMMITTED BY PUBLIC OFFICERS 203 – WHO ARE PUBLIC OFFICERS (1) Taking part in the performance of public functions in the government; 
 (2) Performing in said government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; (3) His authority must be – (a) By direct provision of the law; (b) By popular election; or 
 (c) By appointment by competent authority 
 MALFEASANCE performance of an act which ought not to be done MISFEASANCE Improper performance of some act which might lawfully be done NONFEASANCE Omission of some act which ought to be performed 204 – KNOWINGLY RENDERING UNJUST JUDGMENT (1) Offender is a judge; (2) He renders a judgment in a case submitted to him for decision; (3) Judgment is unjust; (4) The judge knows that his judgment is unjust. 


Judgment – the final consideration and determination of a court of competent jurisdiction upon matters submitted to it, in an action or proceeding. 205 – JUDGMENT RENDERED THROUGH NEGLIGENCE (1) Offender is a judge; (2) He renders a judgment in a case submitted to him for decision; (3) The judgment is manifestly unjust; (4) It is due to his inexcusable negligence or ignorance. 
 206 – UNJUST INTERLOCUTORY ORDER (1) Offender is a judge; (2) He performs any of the following acts: (a) Knowingly rendering an unjust interlocutory order or decree; or (b) Rendering a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. 
 207 – MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE (1) Offender is a judge; (2) There is a proceeding in his court; (3) He delays in the administration of justice; (4) The delay is malicious, that is, with deliberate intent to inflict damage on either party in the case. 
 208 – PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE Modes: (a) Maliciously refraining from instituting prosecution against violators of the law; 
 (b) Maliciously tolerating the commission of offenses. 
 (1) Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses; 
 (2) There is a dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause the prosecution of the criminal, or knowing that a crime is about to be committed, he tolerates its commission; 
 (3) Offender acts with malice and deliberate intent to favor the violator of the law. 
 209 – BETRAYAL OF TRUST BY AN ATTORNEY OR A SOLICITOR – REVELATION OF SECRETS (1) Causing damage to his client, either— (a) By any malicious breach of professional duty; (b) By inexcusable negligence or ignorance. (2) Revealing any of the secrets of his client learned by him in his professional capacity (damage is not necessary); 
 (3) Undertaking the defense of the opposing party in the same case, without the consent of his first client, (a) after having undertaken the defense of said first client, or (b) after having received confidential information from said client. 
 210 – DIRECT BRIBERY (a) Agreeing to perform, or performing, in consideration of any offer, promise, gift or present; an act constituting a crime, in connection with the performance of his official duties; 
 (b) Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty; 
 (c) Agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of gift or promise. 
 Elements: (1) Offender is a public officer within the scope of Article 203; (2) Offender accepts an offer or a promise or receives a gift or present by himself or through another; (3) Such offer or promise be accepted, or gift or present received by the public officer – 
 (a) With a view to committing some crime; or (b) In consideration of the execution of an act which does not constitute a crime, but

the act must be unjust; or (c) To refrain from doing something which it is his official duty to do. 
 (4) The act which offender agrees to perform or which he executes be connected with the performance of his official duties. 211 – INDIRECT BRIBERY E: (1) Offender is a public officer; (2) He accepts gifts; (3) The gifts are offered to him by reason of his office. 
 211-A – QUALIFIED BRIBERY (1) Offender is a public officer entrusted with law enforcement; (2) He refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death; (3) Offender refrains from arresting or prosecuting in consideration of any offer, promise, gift, or present. 212 – CORRUPTION OF PUBLIC OFFICIALS (1) Offender makes offers or promises or gives 
 gifts or presents to a public officer; 
 (2) The offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery. 


Anti-Graft and Corrupt Practices Act Corrupt Practices of Public Officers Sec. 3(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. Sec. 3(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law. Sec. 3(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given. Sec. 3(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. Sec. 3(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. - The accused is a public officer discharging administrative, judicial or official functions Sec. 3(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage,

or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. Sec. 3(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. Sec. 3(h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. Sec. 3(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Sec. 3(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. Sec. 3(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. REPUBLIC ACT NO. 7080 An Act Defining and Penalizing the Crime of Plunder (Anti-Plunder Act) Ill-gotten wealth – any asset, property, business enterprise or material possession of any person within the purview of Section 2 (Plunder), acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: (1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; 
 (2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; 
 (3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government- owned or controlled corporations and their subsidiaries; 
 (4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking; 
 (5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or 
 (6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people 213 – FRAUD AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES – Modes: (a) Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds; (b) ILLEGAL EXACTION: Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in collection of taxes, licenses, fees, and other imposts;

(c) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts; (d) Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts. 214 – OTHER FRAUDS E (1) Offender is a public officer; (2) He takes advantage of his official position; (3) He commits any of the frauds or deceits enumerated in Article 315 to 318 215 – PROHIBITED TRANSACTIONS E: (1) Offender is an appointive public officer; (2) He becomes interested, directly or indirectly, in any transaction of exchange or speculation; (3) The transaction takes place within the territory subject to his jurisdiction; (4) He becomes interested in the transaction during his incumbency. 216 - POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER Persons liable: (1) Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene; 
 (2) Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted; (3) Guardians and executors with respect to the property belonging to their wards or the estate. 
 217 – MALVERSATION OF PUBLIC FUNDS OR PROPERTY - PRESUMPTION OF MALVERSATION Modes: (a) Appropriating public funds or property; (b) Taking or misappropriating the same; (c) Consenting, or through abandonment or negligence, permitting any other person to take such public funds or property; and (d) Being otherwise guilty of the misappropriation or malversation of such funds or property. Elements (1) Offender is a public officer; (2) He had the custody or control of funds or property by reason of the duties of his office; (3) Those funds or property were public funds or property for which he was accountable; (4) He appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them. 


218 – FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS 219 – FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY 220 – ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY E (1) Offender is a public officer; 
 (2) There are public funds or property under his administration; (3) Such fund or property were appropriated by law or ordinance; (4) He applies such public fund or property to any public use other than for which it was appropriated for. 
 221 - FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY 228 OPENING OF CLOSED DOCUMENTS (1) Offender is a public officer; (2) Any closed papers, documents, or objects are entrusted to his custody; (3) He opens or permits to be opened said closed papers, documents or objects; (4) He does not have proper authority. 
 229 – REVELATION OF SECRETS BY AN OFFICER 1: Revealing any secrets known to the offending public officer by reason of his official capacity;

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

CRIMES AGAINST PERSONS 246 – PARRICIDE (1) Person is killed; (2) Deceased is killed by the accused; (3) Deceased is the accused's (a) legitimate/illegitimate father 
 (b) legitimate/illegitimate mother (c) legitimate/illegitimate child (should not be less than 3 days old, otherwise crime is infanticide) (d) other legitimate ascendant (e) other legitimate descendant (f) legitimate spouse 
 247 – DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES (3) 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. 
 248 – MURDER E: 1) Per. Was killed; 2) accused killed him; 3) attended by any of the following c.; 4) not parricide or infanticide C: (a) 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; b) in consideration of a price, reward or promise; (c) by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; (d) on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; (e) with evident premeditation; (f) with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. 
 249 – HOMICIDE 251 - DEATH CAUSED IN TUMULTUOUS AFFRAY (1) There are several persons; 
 (2) They do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; (3) These several persons quarreled and assaulted one another in a confused and tumultuous manner; (4) Someone was killed in the course of the affray; (5) It cannot be ascertained who actually killed the deceased; 
 (6) The person or persons who inflicted serious physical injuries or who used violence can be identified. 
 Persons L: (a) The person or persons who inflicted the serious physical injuries (b) If it is not known who inflicted the serious physical injuries on the deceased, all persons who used violence upon the person of the victim are liable. 252 - PHYSICAL INJURIES CAUSED IN TUMULTUOUS AFFRAY (1) There is a tumultuous affray; (2) A participant or some participants thereof suffered serious physical injuries or physical injuries of a less serious nature only; (3) The person responsible thereof cannot be identified; (4) All those who appear to have used violence upon the person of the offended party are known. 
 254 - DISCHARGE OF FIREARMS E:(a) Offender discharges a firearm against or at another person. (b) Offender has no intention to kill

that person. 
 255 – INFANTICIDE (1) A child was killed by the accused; (2) The deceased child was less than 3 days old (72 hours). 256 - INTENTIONAL ABORTION (a) There is a pregnant woman; 
 (b) Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 
 (c) As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom; 
 (d) The abortion is intended. 
 257 - UNINTENTIONAL ABORTION (b) Violence is used upon such pregnant woman without intending an abortion; c) The violence is intentionally exerted; 
 (d) Result of violence – fetus dies, either in the womb or expelled therefrom 
 258 - ABORTION PRACTICED BY THE WOMAN HERSELF OR BY PARENTS There is a pregnant woman who has suffered an abortion; Abortion is intended;
 • Abortion is caused by – (1) The pregnant woman herself; 
 (2) Any other person, with her consent; o (3) Any of her parents ,with her consent for the purpose of concealing her dishonour. 
 259 - ABORTION BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES (a) There is a pregnant woman who has suffered an abortion; (b) The abortion is intended; 
 (c) Offender, who must be a physician or midwife, caused or assisted in causing the abortion; 
 (d) Said physician or midwife took advantage of his or her scientific knowledge or skill. 
 260 - RESPONSIBILITY OF PARTICIPANTS IN A DUEL Modes: (a) Killing one’s adversary in aduel; (b) Inflicting upon such adversary physical injuries; (c) Making a combat although no physical injuries have been inflicted. 
 261 - CHALLENGING TO A DUEL (1) Challenging another to a duel; (2) Inciting another to give or accept a challenge to a duel; (3) Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel. 262 – MUTILATION 1: Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction; 2: Intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body 
 263 - SERIOUS PHYSICAL INJURIES (1) becomes insane, imbecilic, impotent or blind (2) (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, or (b) loses the use of any such member; or (c) becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted; (3) (a)becomes deformed; or
 (b) loses any other member of his body; or (c) loses the use thereof; or

(d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days; (4) becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days). DEFORMITY:
 (1) physical ugliness,
 (2) permanent and definite abnormality, and (3) it must be conspicuous and visible.
 All these elements must concur. 264 - ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES E: (1) Offender inflicted upon another any serious physical injury; 
 (2) It was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity; (3) He had no intent to kill. 
 265 - LESS SERIOUS PHYSICAL INJURIES E: (1) 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) The physical injuries must not be those described in the preceding articles. 
 266 - SLIGHT PHYSICAL INJURIES AND MALTREATMENT M: (1) Physical injuries incapacitated the offended party for labor from 1-9 days, OR required medical attendance during the same period; 
 (2) Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance; 
 (3) Ill-treatment of another by deed without causing any injury. 
 266-A - RAPE 1) Rape through sexual intercourse (1) Offender is a man; (2) Offender had carnal knowledge of a woman; 
 (3) Such act is accomplished under any of the following circumstances: a) By using force, 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; 4) When the woman is under 12 years of age (Statutory Rape) or is demented. 
 2) Rape Through Sexual Assault (a) Offender commits an act of sexual assault; (b) The act of sexual assault is committed by any of the following means: (1) By inserting his penis into another person's mouth or anal orifice; or 
 (2) By inserting any instrument or object into the genital or anal orifice of another person; (c) The act of sexual assault is accomplished under any of the following circumstances: (1) By using force or intimidation; or 
 (2) When the woman is deprived of reason or otherwise unconscious; or 
 (3) By means of fraudulent machination or grave abuse of authority; or 
 (4) When the woman is under 12 years of age or demented. 
 CRIMES AGAINST PERSONAL LIBERTY AND SECURIT 267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION (a) Offender is a private individual; (b) He kidnaps or detains another, or in any other manner deprives the latter of his liberty; (c) The act of detention or kidnapping must be illegal; (d) In the commission of the offense, any of the following circumstances is present: (1) The kidnapping lasts for more than 3 days; 
 (2) It is committed simulating public authority;

(3) Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (4) The person kidnapped or detained is a minor, female, or a public officer. 
 Qualifying Circumstances (1) Purpose is to extort ransom. (2) When the victim is killed or dies as a consequence of the detention. (3) When the victim is raped. (4) When victim is subjected to torture or dehumanizing acts. 
 (SCC w/ murder – dies as a consequence of detention) 268 - SLIGHT ILLEGAL DETENTION (a) Offender is a private individual; (b) He kidnaps or detains another, or in any other manner deprives him of his liberty. (c) The act of kidnapping or detention is illegal; (d) The crime is committed without the attendance of any of the circumstances enumerated in Article 267.

269 - UNLAWFUL ARREST (a) Offender arrests or detains another person; 
 (b) The purpose of the offender is to deliver him to the proper authorities; 
 (c) The arrest or detention is not authorized by law or there is no reasonable ground therefor. 
 270 - KIDNAPPING AND FAILURE TO RETURN A MINOR (a) Offender is entrusted with the custody of a minor person (whether over or under seven years but less than 18 years of age) (b) He deliberately fails to restore the said minor to his parents or guardians

271 - INDUCING A MINOR TO ABANDON HIS HOME (a) A minor (whether over or under seven years of age) is living in the home of his parents or guardians or the person entrusted with his custody; (b) Offender induces said minor to abandon such home. 


272 - SLAVERY (a) Offender purchases, sells, kidnaps or detains a human being; (b) The purpose of the offender is to enslave such human being. 273 - EXPLOITATION OF CHILD LABOR (a) Offender retains a minor in his services; 
 (b) It is against the will of the minor; 
 (c) It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor. 
 274 - SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT (a) Offender compels a debtor to work for him, either as a household servant or farm laborer; (b) It is against the debtor’s will; (c) The purpose is to require or enforce the payment of a debt. 
 275 - ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF OWN VICTIM 1: W/O detriment to self - Failing to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. 2: Accidentally wound another - Failing to help or render assistance to another whom the offender has accidentally wounded or injured; 3: Abandoning a child < 7 - By failing to deliver a child, under seven years of age, whom the offender has found abandoned, to the authorities or to his family, or by failing to deliver him to a safe

place. 276 - ABANDONING A MINOR (a) Offender has the custody of a child; (b) The child is under seven years of age; (c) He abandons such child; (d) He has no intent to kill the child when the latter is abandoned. 277 - ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH CUSTODY; INDIFFERENCE OF PARENTS 1: W/O consent of guardian - 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: Neglecting education - Neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits. 278 - EXPLOITATION OF MINORS 1: Physical strength/contortion - Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person; 2: Exhibition/acrobat/circus - Employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the offender being an acrobat, etc., or circus manager or engaged in a similar calling; 3: Descendant employed like in Mode 2 4:Delivering child under 16 to be employed like in Mode 2
 5: inducing child under 16 to abandon home to be employed like in Mode 2
 280 - QUALIFIED TRESPASS TO DWELLING (a) Offender is a private person;
 (b) He enters the dwelling of another;
 (c) Such entrance is against the latter’s will. QC: committed by means of violence or intimidation. 281 - OTHER FORMS OF TRESPASS E: (a) Offender enters the closed premises or the fenced estate of another; 
 (b) The entrance is made while either of them is uninhabited; (c) The prohibition to enter is manifest; (d) The trespasser has not secured the permission of the owner or the caretaker thereof. 
 282 - GRAVE THREATS MODE 1: Threatening, even not unlawful - Threatening another with the infliction upon his person, honor or property or that of this family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose; MODE 2: Threat w/o attaining purpose - Making such threat without the offender attaining his purpose; MODE 3: Threat = Crime - Threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. QC: (1) in writing OR
 (2) through a middleman. 283 - LIGHT THREATS E: (a) Offender makes a threat to commit a wrong; 
 (b) The wrong does not constitute a crime; (c) There is a demand for money or that other condition is imposed, even though not unlawful; (d) Offender has attained his purpose or, that he has not attained his purpose. 
 284 - BOND FOR GOOD BEHAVIOR (1) When he threatens another under the circumstances mentioned in Art. 282 (Grave Threats). (2) When he threatens another under the circumstances

mentioned in Art. 283 (Light Threats). 
 285 – OTHER LIGHT THREATS 1: Threat w/weapon in a quarrel - Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense; 2: Oral threat = crime, in anger - Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat; 3: Oral threat = not felony - Orally threatening to do another any harm not constituting a felony. 286 - GRAVE COERCIONS 1: Preventing w/violence, something not prohibited by law
 Preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law; 2: compelling another to do something vs. will
 - Compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong. 287 - LIGHT COERCIONS E: (a) Offender must be a creditor; 
 (b) He seizes anything belonging to his debtor: 
 (c) The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; (d) The purpose of the offender is to apply the same to the payment of the debt. 288 - OTHER SIMILAR COERCIONS 1: Force/compel to buy commodities from him -
 Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise of commodities of any kind from him; 2: Wages paid by token or object - Paying the wages due his laborer or employee by means of tokens or object other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee. 290 - DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE E: (a) Offender is a private individual or even a public officer not in the exercise of his official function; (b) He seizes the papers or letters of another; (c) The purpose is to discover the secrets of such another person; (d) Offender is informed of the contents of the papers or letters seized. 
 291 - REVEALING SECRETS WITH ABUSE OF OFFICE E: a) Offender is a manager, employee or servant; (b) He learns the secrets of his principal or master in such capacity; (c) He reveals such secrets.

293 - WHO ARE GUILTY OF ROBBERY 1) That there is personal property belonging to another; 
 2) That there is unlawful taking of that property; 
 3) That the taking is with intent to gain; and 4) That there is violence against or intimidation of persons or force upon things. 
 294 – ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS Robbery with Homicide; Robbery with Rape, Robbery with Intentional Mutilation, Robbery with Arson; w/ SPI par. 2 & 3 295 - ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND (1) In an Uninhabited place, or 
 (2) By a Band, or (3) By Attacking a moving train,

street car, motor vehicle, or airship, or (4) By Entering the passengers’ compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or (5) On a Street, road, highway, or alley, AND the intimidation is made with the use of Firearms 
 296 – ROBBERY BY A BAND (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, penalty upon all the 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 crime. 297 - ATTEMPTED AND FRUSTRATED ROBBERY WITH HOMICIDE (a) There is attempted or frustrated robbery (b) A homicide is committed on the same occasion 298 - EXECUTION OF DEEDS THROUGH VIOLENCE OR INTIMIDATION (a) Offender has Intent to defraud another 
 (b) Offender Compels him to sign, execute, or deliver any public instrument or document (c) Compulsion is by means of violence or intimidation. 
 299 - ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP SUBDIVISION (A):
 (a) Offender entered (1) An inhabited house
 (2) Public building
 (3) Edifice devoted to religious worship (b) Entrance was effected 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 door or window; 
 (3) By using False keys, picklocks or similar tools; or 
 (4) By using any Fictitious name or pretending the exercise of public authority. 
 (c) That once inside the building, the offender took personal property belonging to another with intent to gain. SUBDIVISION (B) (a) Offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it. (b) Offender takes personal property belonging to another, with intent to gain, under any of the following circumstances: (1) Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or 
 (2) Taking such furniture or objects away to be broken or forced open outside the place of the robbery. 


302 – ROBBERY IN AN UNINHABITED PLACE OR PRIVATE BUILDING Elements: (a) 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. 
 (b) That any of the following circumstances was present: 
 (1) Entrance was effected through an opening not intended for entrance or egress; 
 2) A wall, roof, floor, or outside door or window was broken; 3) Entrance was effected through the use

of false keys, picklocks or other similar tools; 4) A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or 5) A closed or sealed receptacle was removed, even if the same be broken open elsewhere. 6) With intent to gain, the offender took therefrom personal property belonging to another. 303 - ROBBERY OF CEREALS, FRUITS OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING 304 - POSSESSION OF PICKLOCK OR SIMILAR TOOLS (a) Offender has in his possession picklocks or similar tools; 
 (b) Such picklock or similar tools are especially adopted to the commission of robbery; 
 (c) Offender does not have lawful cause for such possession. 
 305 - FALSE KEYS - Deemed to include the following: (1) Tools mentioned in Article 304; (2) Genuine keys stolen from the owner 
 (3) Any key other than those intended by the owner for use in the lock forcibly opened by the offender. 
 306 - WHO ARE BRIGANDS Elements (a) There be at least 4 armed persons 
 (b) They formed a band of robbers 
 (c) The purpose is any of the following: 
 (1) To commit robbery in the highway; or (2) To kidnap for the purpose of extortion or to obtain ransom; or (3) To attain by means of force and violence any other purpose.

307 - AIDING AND ABETTING A BAND OF BRIGANDS (c) Offender does any of the following acts: (1) He in any manner aids, abets or protects such band of brigands; or 
 (2) He gives them information of the movements of the police or other peace officers; or 
 (3) He acquires or receives the property taken by such brigands. 


308 - WHO ARE LIABLE FOR THEFT (a) Taking of personal property (b) Personal property belongs to another (c) Taking was done with intent to gain. (d) Taking was without the consent of the owner. (e) Accomplished without the use of violence against or intimidation of persons or force upon things. 
 310 - QUALIFIED THEFT Theft is qualified if: (1) Committed by a domestic servant 
 (2) Committed with grave abuse of confidence (3) The property stolen is (a) motor vehicle 
 (b) mail matter, or (c) large cattle 
 (4) The property stolen consists of coconuts taken from the premises of a plantation (5) The property stolen is fish taken from a fishpond or fishery 
 (6) The property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. 
 Fencing – act by any person who, with intent to gain for himself or for another, shall buy, receive,

keep, acquire, conceal, sell, or dispose of, or shall buy and sell or in any other manner deal in any article, item, object, or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. E: (c) The accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft. 
 (d) There is, on the part of the accused, intent to gain for himself or another. 
 Motor vehicle –is any vehicle propelled by any power other than muscular power using the public highways, 311 - THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM 312 - OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY AP: (1) Taking possession of any real property belonging to another by means of violence against or intimidation of persons 
 (2) Usurping any real rights in property belonging to another by means of violence against or intimidation of persons. 
 ALTERING BOUNDARIES OR LANDMARKS Elements: (a) There are boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. 
 (b) The offender alters said boundary marks. 


DESTRUCTIVE ARSON any person who shall burn: a) One (1) or more buildings or edifices, consequent to one single act of burning or as a result of simultaneous burnings, or committed on several or different occasions; 
 b) Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate c) Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure. d) Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities. e) Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance. Malicious Mischief – It is the willful causing of damage to another’s property for the sake of causing damage because of hate, revenge or other evil motive. E: (a) Offender deliberately caused damage to the property of another. 
 (b) Such act does not constitute arson or other crimes involving destruction 
 (c) The act of damaging another’s property was committed merely for the sake of damaging it. 
 328 - SPECIAL CASES OF MALICIOUS MISCHIEF (qualified malicious mischief) (1) Causing damage to obstruct the performance of public functions 
 (2) Using any poisonous or corrosive substance (3) Spreading infection or contagion among cattle

(4) Causing damage to property of the National Museum or National Library, or to any 
 332 - EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY Crimes involved in the exemption: (1) Theft
 (2) Swindling(estafa) (3) Maliciousmischief Persons exempt from criminal liability: (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 passed into the possession of another. 
 (3) Brothers and sisters and brothers-in-law and sisters-in-law, if living together. 
 CRIMES AGAINST CHASTITY 333 – ADULTERY (1) The woman is married; (2) She has sexual intercourse with a man not her husband; (3) As regards the man with whom she has sexual intercourse: he knows her to be married. 
 334 – CONCUBINAGE (1) The man is married; (2) He is either: (a) keeping a mistress in the conjugal dwelling; (b) Having sexual intercourse under scandalous circumstance with a woman not his wife; (c) Cohabiting with her in any other place; (3) As regards the woman, she knows him to be married. 336 - ACTS OF LASCIVIOUSNESS (a) The offender commits any act of 
 lasciviousness or lewdness; 
 (b) The act is committed against a person of either sex; (c) It is done under any of the ff. circumstances: (1) By using force or intimidation; or (2) When the offended party is deprived of reason or otherwise unconscious; (3) By means of fraudulent machination or grave abuse of authority (4) When the offended party is under 12 years of age or is demented. 
 Lewd – obscene, lustful, indecent, lecherous; signifies form of immorality which has relation to moral impurity or that which is carried in wanton manner AOL Compulsion or force is included in the constructive element of force; Must be accompanied by acts of lasciviousness or lewdness. GC Compulsion or force is the very act constituting the offense of grave coercion; Moral compulsion amounting to intimidation is sufficient. 337 - QUALIFIED SEDUCTION Seduction - enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force. It applies when there is abuse of authority (qualified seduction) or deceit (simple seduction). Two classes of Qualified Seduction and their elements: (1) Seduction of a virgin over 12 years and under 18 years of age by certain persons such as, a person in authority, priest, teacher or any person who, in any capacity shall be entrusted with the education or custody of the woman seduced. E: (a) Offended party is a virgin, which is presumed if she is unmarried and of good reputation; 
 (b) She is over 12 and under 18 yrs. of age; 
 (c) Offender has sexual intercourse with her;


 (d) There is abuse of authority, confidence, or relationship on the part of the offender. (2) Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation. E: (a) Offended party need not be a virgin or she may be over 18 years old 
 (b) Offender has sexual intercourse with her 
 (c) Offender is her brother or ascendant by consanguinity, whether legitimate or illegitimate. 
 Offenders in Qualified Seduction: (1) Those who abused their authority: (a) Person in public authority; (b) Guardian;
 (c) Teacher; 
 (2) Person who, in any capacity, is entrusted with the education or custody of the woman seduced. (a) Those who abused confidence reposed in them: 
 (b) Priest; 
 (c) House servant; (d) Domestic 
 (3) Those who abused their relationship: 
 (a) Brother who seduced his sister; b) Ascendant 338 - SIMPLE SEDUCTION E: (a) Offendedpartyisover12andunder18years of age; 
 (b) She is of good reputation, single or widow; (c) Offender has sexual intercourse with her; (d) It is committed by means of deceit. 
 339 - ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY E: (a) Offender commits acts of lasciviousness or lewdness; 
 (b) The acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 yrs. of age but over 12 yrs., or a sister or descendant, regardless of her reputation or age; 
 (c) The offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. 
 340 - CORRUPTION OF MINORS E: (a) Offender promotes or facilitates the prostitution or corruption of persons under age (minors), (b) Purpose is to satisfy the lust of another

341 - WHITE SLAVE TRADE Acts Punishable: (1) Engaging in business of prostitution (2) Profiting by prostitution (3) Enlisting the services of women for the purpose of prostitution. 342 - FORCIBLE ABDUCTION (a) The person abducted is any woman, regardless of her age, civil status or reputation; (b) The abduction is against her will; 
 (c) The abduction is with lewd designs. 


343

- CONSENTED ABDUCTION E: (a) Offended party is a virgin; (b) She is over 12 and under 18 yrs. of age; (c) Offender takes her away with her consent, after solicitation or cajolery from the offender; (d) The taking away is with lewddesigns. 
 SEDUCTION, ABDUCTION, ACTS OF LASCIVIOUSNESS

Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by— (1) Offended party - When the offended party is a minor, her parents may file the complaint. 
 (2) When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint. (3) Parents, Grandparents or Guardian in that order – 
 CRIMES AGAINST THE CIVIL STATUS OF PERSONS 347 - SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD MODE 1. Simulation of births; MODE 2. Substitution of one child for another; MODE 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status. 348 - USURPATION OF CIVIL STATUS - a person represents himself to be another and assumes the filiation or the parental or conjugal rights of such another person. 349 – BIGAMY E: (a) Offender has been legally married; (b) The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code (c) He contracts a second or subsequent marriage (d) The second or subsequent marriage has all the essential requisites for validity.

350 - MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS ELEMENTS:
 (1) Offender contracted marriage; (2) He knew at the time that – (a) The requirements of the law were not complied with; or (b) The marriage was in disregard of a legal impediment.

CRIMES AGAINST HONOR 353 - DEFINITION OF LIBEL (1) There must be an imputation of– (a) a crime, 
 (b) a vice or defect, real or imaginary, OR 
 (c) any act, omission, condition, status, or circumstance; 
 (2) The imputation must be made publicly; 
 (3) It must be malicious; 
 (4) The imputation must be directed at a natural or juridical person, or one who is dead; and 
 (5) The imputation must tend to cause dishonor, discredit or contempt of the offended party. 


354 - REQUIREMENT FOR PUBLICITY GR: MALICE IS PRESUMED in every defamatory imputation, even if it be true, if no good intention and justifiable motive for making it is shown. REBUTTED: (1) The defamatory imputation is true, IN CASE the law allows proof of the truth of the imputation; 
 (2) It is published with good intention; AND 
 (3) There is justifiable motive for making it 
 355 - LIBEL BY WRITING OR SIMILAR MEANS

Libel may be committed by means of: (1) Writing;
 (2) Printing;
 (3) Lithography;
 (4) Engraving;
 (5) Radio;
 (6) Photograph;
 (7) Painting;
 (8) Theatrical exhibition;
 (9) Cinematographic exhibition; or
 (10) Any similar means. 356 - THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION Acts Punished: (1) Threatening another to publish a libel concerning – him, his parents, spouse, child or other members of his family (2) Offering to prevent the publication of such libel for compensation or money consideration. 
 357 - PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS (GAG LAW) E: (a) Offender is a reporter, editor or manager of 
 a newspaper, daily or magazine; 
 (b) He publishes facts connected with the private life of another; (c) Such facts are offensive to the honor, virtue and reputation of said person. 
 358 - SLANDER (1) Simple slander (2) Grave slander, when it is of serious and insulting nature Factors that determine the gravity of the oral defamation: (1) Expressions used (2) Personal relations of the accused and the offended party. 3) The surrounding circumstances. 
 359 - SLANDER BY DEED E: (a) Offender performs any act not included in any other crime against honor; (b) Such act is performed in the presence of other person/s; and (c) Such act casts dishonor, discredit or contempt upon the offended party. 
 360 - PERSONS RESPONSIBLE FOR LIBEL (1) The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means. (2) The author or editor of a book or pamphlet. 
 (3) The editor or business manager of a daily newspaper, magazine or serial publication. 
 (4) The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication. 
 Where to file the criminal action? It depends on who the offended party is. If he is a public officer, the criminal action can only be instituted in either: (1) RTC of the province or city where the libelous article is printed and first published, OR (2) RTC of the province or city where he held office at the time of the commission of the offense If he is a private person, the criminal action may be brought in: (1) RTC of the province or city where the libelous article is printed and first published, OR (2) RTC of the province or city where he actually resided at the time of the commission of the offense 364 - INTRIGUING AGAINST HONOR E: (a) Offender disseminates any intrigue (b) Its principal purpose is to blemish the honor or reputation of a person. QUASI- OFFENSES Quasi-offenses punished: (1) Committing through reckless imprudence any act which, had it been

intentional, would constitute a grave or less grave felony or light felony; 
 (2) Committing through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony; 
 (3) Causing damage to the property of another through reckless imprudence or simple imprudence or negligence; 
 (4) Causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony. 
 I - Lack of skill & Deficiency of action; Failure in precaution N - Lack of foresight & Deficiency of perception; Failure in advertence Elements of Reckless Imprudence: (a) The offender does or fails to do an act (b) The doing of or the failure to do the act is voluntary (c) It is without malice (d) Material damage results 
 (e) There is inexcusable lack of precaution on the part of the offender, taking into consideration: (1) His employment/ occupation(2) Physical condition (3) Degree of intelligence (4) Other circumstances regarding the persons, time and place 
 Inexcusable lack of precaution - Factors to be considered in determining inexcusable lack of precaution: (1) Employment or occupation (2) Degree of intelligence and physical condition of the offender; and (3) Other circumstances regarding persons, time, and place. Elements of Simple Imprudence (a) There is lack of precaution on the part of the offender (b) The damage impending to be caused is not immediate or the danger is not clearly manifest. 
 Test of Negligence: Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm as a result of the course actually pursued? Doctrine of last clear chance The contributory negligence of the party injured will not defeat the action if it be shown that the accused might, by exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. Emergency rule An automobile driver who, by negligence of another and not by his own negligence, is suddenly placed in an emergency and compelled to act instantly to avoid collision or injury is not guilty of negligence if he makes such a choice which a person of ordinary prudence placed in such situation might make even though he did not make the wisest choice.

Comprehensive Dangerous Drugs Act of 2002 RA 9165 June 7, 2002 Section 98. Limited Applicability of the Revised Penal Code. -shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts

punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. UNCONSTITUTIONAL (g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test; IT ADDED additional requirement. (f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test; -blatant attempt to use this medical tool for criminal prosecution; violates privacy and self incrimnation CONSTITUTIONAL: (c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall, pursuant to the related rules and regulations as contained in the school's student handbook and with notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses whether in public or private schools under this Section will be borne by the government; -stand in loco parentis duty to safeguard heath and safety / minors are subj to custody of parents, guardians and schools/ (d) Officers and employees of public and private offices. – Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company's work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law; UNLAWFUL ACTS: Sec 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Sec 5. Sale (LI + 500k to 10M), Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. E: (1) the identity of the buyer and the seller, the object, and the consideration; and 
 (2) the delivery of the thing sold and the payment therefor. 
 Sec 6. Maintenance of a Den, Dive or Resort. Sec 7. Employees and Visitors of a Den, Dive or Resort (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same Section 11. Possession of Dangerous Drugs. – any person not authorized by law any drugs E: (1) the accused is in possession of an prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possesses the said drug. Actual possession – in the immediate possession Constructive possession – under the dominion and control of the accused; when accused has the right to exercise control and dominion over the place where it is found Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. (tool)

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, First – 6 mos Rehab; 2nd 6 yrs and 1 day to 12 y + fine RULES Possession, Sales and Use of D & Paraphernalia – seller apprehended: qty in possessing is absorbed in sale – illegal sale (possession absorbed) 1) Sec 11 – if in excess of the drugs bought; -caught using: possession of paraphernalia shall be absorbed; if a tooter is found, separate information from possession of drugs - if found positive for use and found in possession – possession only

Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation; (b) Sale, trading, administration, dispensation, delivery, distribution and transportation; (c) Maintenance of a den, dive or resort where; (d) Manufacture of any; and (e) Cultivation or culture of plants which are sources of dangerous drugs.

APPLICABILITY OF PROBATION LAW - cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968 DRUG SYNDICATE – group of 2 or more persons with intention of committing any offense prescribed under the act MANDATORY DRUG TESTING: 1) Driver’s License 2) License of FA and permit to carry FA; and by those who by nature of their profession shall carry FA: Military officers, police and law enforcers 3) Secondary and Tertiary; 4) Civil Servants; 5) Private Employees; CHAIN OF CUSTODY – duly recorded authorized movements and custody of subject items at each stage, from the time of seizure to presentation to the court for destruction. Such record of movements and custody of seized items shall include the identity and signature of the person who held temporary custody of the seized items, the date and time when such transfer of custody was made in the course of safekeeping and use in court as evidence, and the final disposition LINKS: 1) seizure and marking Signature or initial in the presenc of accused and immediately after confiscation (if practicable) 2) turn over - seized by the apprehending officer to investigating officer 3) turn over by the investigation O. to the forensic chemist 4) Turn over and submission to the court when indispensable – when the items of the real evidence is not readily identifiable, not distinctive, the condition at the time of testing, and trial is critical, and when the witness cannot testify accurately as to the uniqueness of such item Presumption of Regularity: (Either) 1) law enforcers are not properly performing their duties; 2) In the performance of their duties they were inspired by their ill motive Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,

Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment CORPUS DELICTI – Drug itself 315 - ESTAFA Elements of Estafa in General: (a) The accused defrauded another (1) by abuse of confidence; or (2) bymeansofdeceit;and (b) The damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. With Unfaithfulness or Abuse of Confidence (315 par. 1(a) (b) (c)) Par 1(a): Altering substance, quantity or quality of object subject of obligation to deliver E: (a) Offender has an onerous obligation to deliver something of value. (b) He alters its substance, quantity, or quality c) Damage or prejudice is caused to another 
 - Deceit is NOT an essential element Par.1(b): Misappropriation and Conversion (a) Money, goods, or other personal property is received by the offender in trust, or in commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; (b) There is misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; (c) Such misappropriation or conversion or denial is to the prejudice of another; and (d) There is a demand made by the offended party to the offender 3 Ways of Committing Estafa With Abuse Of Confidence Under Art. 315 Par. (B): (1) Misappropriating the thing received. 
 (2) Converting the thing received. 
 (3) Denying that the thing was received. 
 Par.1(c): Taking advantage of signature in blank E: (a) Paper with the signature of the offended party is in blank. 
 (b) Offended party delivered it to the offender. (c) Above the signature of the offended party a document is written by the offender without authority to do so. 
 (d) The document so written creates a liability of, or causes damage to, the offended party or any third person. 
 Estafa by Means of False Pretenses or Fraudulent Acts (315 par. 2(a) (b) (c) (d) (e); BP22): (a) There is a false pretense, fraudulent act or fraudulent means. 
 (b) Such false pretense, fraudulent act or fraudulent means was made or executed prior to or simultaneously with the commission of the fraud. 
 (c) Offended party relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of such 
 (d) As a result thereof, the offended party suffered damage. 
 Par 2(a): Using fictitious name or false pretenses at power, influence... or other similar deceits Ways of committing the offense: (1) By using fictitious name; (2) By falsely pretending to possess: (a) power, (b) influence, (c) qualifications, (d) property, (e) credit, (f) agency, (g) business or

imaginary transactions; 
 (3) By means of other similar deceits. -essential that fraudulent representation of the accused, (1) be made prior to, or, at least simultaneously with, 
 (2) the delivery of the thing by the complainant. 
 Par 2(b): by altering the quality, fineness or weight of anything pertaining to art or business Par. 2(c): by pretending to have bribed any government employee Par 2(d): By postdating a check or issuing a bouncing check (a) Offender postdated a check, or issued a check in payment of an obligation; 
 (b) Such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. 
 BLG. 22 BOUNCING CHECKS LAW Sec. 1 Par. 1 Elements 1) Making, drawing, and issuance of any check to apply for account or for value 
 (2) Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and (3) Subsequent dishonor of the check by the drawee bank for insufficiency of funds or creditor dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. Sec. 1 Par. 2 Elements (1) Making or drawing and issuing a check having sufficient funds in or credit with the drawee bank 
 (2) Failure to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon (3) Check is dishonored by the drawee bank. 
 
 Estafa Through Other Fraudulent Means (315 Par 3 (a) (b) (c)) Par 3 (a): By inducing another, through deceit, to sign any document Elements: (a) Offender induced the offended party to sign a document. (b) Deceit was employed to make offended party sign the document. (c) Offended party personally signed the document. (d) Prejudice was caused. Par.3 (b): By resorting to some fraudulent practice to ensure success in a gambling game Par.3 (c): By removing, concealing or destroying any court record, office files, document or any other papers Elements: (a) There are court record, office files, documents or any other papers. 
 (b) The offender removed, concealed or destroyed any of them. (c) The offender had Intent to defraud another. 
 316 - OTHER FORMS OF SWINDLING AND DECEITS Par 1. By conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same Elements: (a) The thing is immovable, such as a parcel of land or a building. 
 (b) Offender who is not the owner of said property represents that he is the owner thereof. (c) Offender executed an act

of ownership (selling, encumbering or mortgaging the real property). (d) The act was made to the prejudice of the owner or a third person. 
 Par. 2. By disposing of real property as free from encumbrance, although such encumbrance be not recorded Elements: (a) The thing disposed of is real property. (b) Offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 
 (c) There was express representation by the offender that the real property is free from encumbrance. 
 (d) Act of disposing of the real property was made to the damage of another. 
 Par. 3. By wrongfully taking by the owner of his personal property from its lawful possessor Elements: (a) Offender is the owner of personal property. 
 (b) Said property is in the lawful possession of another. 
 (c) Offender wrongfully takes it from its lawful possessor. (d) Prejudice is thereby caused to the lawful possessor or third person. 
 Par. 4. By executing any fictitious contract to the prejudice of another Elements: (a) Offender executes a contract (b) Contract is fictitious
 (c) Prejudice is caused. Par. 5. By accepting any compensation for services not rendered or for labor not performed Elements: (a) Offender accepts any compensation for services or labor 
 (b) He did not render any service or perform any labor 
 Par. 6. By selling, mortgaging or encumbering real property or properties with which the offender guaranteed the fulfilment of his obligation as surety Elements: (a) Offender is a surety in a bond given in a criminal or civil action. 
 (b) He guaranteed the fulfillment of such obligation with his real property or properties. (c) He sells, mortgages, or, in any other manner encumbers said real property. 
 (d) That such sale, mortgage, or encumbrance is 
 (1) Without express authority from the court, or 
 (2) Made before the cancellation of his bond, or 
 (3) Before being relieved from the obligation contracted by him.