Criminal Law 2: Elements of Crimes and Acts Punishable
Hello! Below is a compilation of the elements of crimes, acts punishable, and persons liable under the Revised Penal Code and Special Penal Laws.
Last updated: May 17, 2023
Art. 114. Treason
Elements:
that the offender is a Filipino citizen or an alien residing in the Philippines;
that there is war in which the Philippines is involved;
that the offender is either;
levies war against the government; or
adheres to the enemies, giving them aid or comfort.
Art. 115. Conspiracy to commit treason
Elements:
In time of war;
Two or more persons come to an agreement to -
levy war against the government, or
adheres to the enemies and to give them aid or comfort;
They decide to commit it.
Art. 1156. Proposal to commit treason
Elements:
In time of war;
A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort
Proposes its execution to some other person or persons.
Art. 116. Misprision of Treason
Elements;
The offender must be owing allegiance to the government, and not a foreigner.
That he has knowledge of any conspiracy (to commit treason) against the government.
That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.
Art. 117. Espionage
Two ways of committing espionage;
By entering without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
Elements:
That the offender enters any of the places mentioned (warship, fort or naval or military establishment).
That he has no authority therefor; and
That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph No. 1 of Art. 117, which he had in his possession by reason of the public office he holds.
Elements:
That the offender is a public officer.
That he has in his possession the articles, data or information referred to in paragraph no. 1 of Article 117, by reason of the public office he holds.
That he discloses their content to a representative of a foreign nation.
Art. 118. Inciting to war or giving motives for reprisals
Elements:
That the offender performs unlawful or unauthorized acts
That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property.
Art. 119. Violation of Neutrality
Elements:
That there is war in which the Philippines is not involved;
That there is a regulation issued by competent authority for the purpose of enforcing neutrality; and
That the offender violates such regulation.
Art. 120. Correspondence with hostile country
Elements:
That it is in time of war in which the Philippines is involved
That the offender makes correspondence with an enemy country or territory occupied by enemy troops
That the correspondence is either –
prohibited by the government, or
carried on in ciphers or conventional signs, or
containing notice or information which might be useful to the enemy.
Art. 121. Flight to Enemy’s Country
Elements:
That there is a war in which the Philippines is involved
That the offender (Filipino or resident alien) must be owing allegiance to the government
That the offender attempts to flee or go to enemy country
That going to enemy country is prohibited by competent authority
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters
Piracy
Two ways of committing Piracy;
By attacking or seizing a vessel on the high seas or in Philippine waters; and
Elements:
That a vessel is on the high seas/Philippine waters
That the offender is any person; and
That the offender shall attack or seize that vessel.
By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of it complement or passengers.
Elements:
That a vessel is on the high seas/Philippine waters
That the offenders are not members of its complement or passengers of the vessel
That the offender seizes the the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.
Piracy in the RPC v. P.D. 532
Mutiny
Elements:
Committed by a member of complement of a vessel or a passenger thereof,
who unlawfully resists a superior officer or raise commotion or disturbance on board a vessel against the authority of its commander
on the high seas or in Philippine waters.
Piracy v. Mutiny
The differences between piracy and mutiny are as follows:
in piracy, the criminal act is taking or seizing property with intent to gain; in mutiny, the criminal act is resisting the authorities in the vessel;
the concept of piracy is similar to robbery or theft where intent to gain is an element; the concept of mutiny is similar to coercion where intent to gain is not an element; and
in piracy under the Revised Penal Code, the pirate must not be a passenger or member of the complement of the vessel; however, in piracy under P.D. No. 532, the pirate is any person; in mutiny, the mutineer must be a passenger or a member of the complement of the vessel.
ARTICLE 124. Arbitrary Detention
ELEMENTS:
That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace and order).
That he detains a person (actual restraint).
That the detention was without legal grounds (cannot be committed if with warrant).
Article 125. DELAY IN THE DELIVERY OF DETAINED PERSONS
ELEMENTS:
That the offender is a public officer or employee
That he has detained a person for some legal grounds
That he fails to deliver such person to the proper judicial authority within:
12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent
18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or
36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent
ARTICLE 126. Delaying Release
ELEMENTS:
That the offender is a public officer or employee
That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person
That the offender without good reason delays:
the service of the notice of such order to the prisoner, or
the performance of such judicial or executive order for the release of the prisoner, or
the proceedings upon a petition for the release of such person
ARTICLE 127. Expulsion
2 acts punishable:
by expelling a person from the Philippines
by compelling a person to change his residence
ELEMENTS
That the offender is a public officer or employee
That he expels any person from the Philippines, or compels a person to change his residence
That the offender is not authorized to do so by law
ARTICLE 128. Violation of Domicile
ELEMENTS:
That the offender is a public officer or employee
That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects
That he commits any of the following acts:
entering any dwelling against the will of the owner thereof
searching papers or other effects found therein without the previous consent of such owner
refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same
ARTICLE 129. Search Warrants Maliciously Obtained and Abuse in the Service of Those Legally Obtained
2 punishable acts:
1. Search warrants maliciously obtained.
ELEMENTS:
That the offender is a public officer or employee
That he procures a search warrant
That there is no just cause
2. Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured.
ELEMENTS:
That the offender is a public officer or employee
That he has legally procured a search warrant
That he exceeds his authority or uses unnecessary severity in executing the same
ARTICLE 130. Searching Domicile Without Witnesses
ELEMENTS:
That the offender is a public officer or employee
That he is armed with a search warrant legally procured
That he searches the domicile, papers or other belongings of any person
That the owner, or any member of his family, or two witnesses residing in the same locality are not present
ARTICLE 131. Prohibition, Interruption, and Dissolution of Peaceful Meetings
ELEMENTS:
Offender is a public officer or employee
He performs any of the ff. acts:
prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).
hindering any person from joining any lawful association or from attending any of its meetings
ARTICLE 132. Interruption of Religious Worship
ELEMENTS:
That the officer is a public officer or employee
That religious ceremonies or manifestations of any religion are about to take place or are going on
That the offender prevents or disturbs the same
ARTICLE 133. Offending the Religious Feelings
ELEMENTS:
That the acts complained of were performed
in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is material)
during the celebration of any religious ceremony
That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings)
The offender is any person
There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet
ARTICLE 134 - REBELLION OR INSURRECTION
ELEMENTS:
That there be a public uprising and taking up of arms against the Government.
For the purpose of:
Removing from the allegiance to said Government or its laws
The territory of the Philippines.
Anybody of land, naval or other armed forces or
b. Depriving the Chief executive or Congress, wholly or partially, of any of their powers or prerogatives.
ARTICLE 134-A - COUP D'ETAT
ELEMENTS:
1. That the offender is a person or persons belonging to the military or police or holding any public office or employment.
2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth.
3. That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power.
4. That the purpose of the attack is to seize or diminish state power.
ARTICLE 136 - CONSPIRACY AND PROPOSAL TO COMMIT COUP D'ETAT, REBELLION OR INSURRECTION.
2 crimes punishable:
Conspiracy to commit rebellion, and
Proposal to commit rebellion
Conspiracy to commit rebellion – when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it.
Proposal to commit rebellion – when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons. This is an instance where the law punishes preparatory acts.
ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES.
PUNISHABLE ACTS:
Failing to resist a rebellion by all means in their power
Continuing to discharge the duties of their office under the control of the rebels
Accepting appointment to office under the rebels.
ARTICLE 138 - INCITING A REBELLION OR INSURRECTION.
ELEMENTS:
That the offender does not take up arms or is not in open hostility against the Government
That he incites others to the execution of any of the acts of rebellion
That the inciting is done by means of speeches, proclamations, writings, emblems, banners, or other representations tending to the same end.
ARTICLE 139 - SEDITION; HOW COMMITTED.
ELEMENTS:
That the offenders rise
a) Publicly b) Tumultuously
That they employ force, intimidation, or other means outside of legal methods
That the offenders employ any of those means to attain any of the following objects:
a) To prevent the promulgation or execution of any law or the holding of any popular election.
b) To prevent the government or any public officer from freely exercising its or his functions or prevent the execution of any Administrative Order.
c) To inflict any act of hate or revenge upon the person or property of any public officer/employee.
d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class.
e) To despoil, for any political or social end, any person, or the government of all its property or any part thereof.
ARTICLE 142. INCITING TO SEDITION.
ELEMENTS
That the offender does not take direct part in the crime of sedition
That he incites others to the accomplishment of any of the act which constitute sedition
That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.
PUNISHABLE ACTS:
Inciting others to commit sedition by means of speeches, proclamations, writings, emblems
Uttering seditious words or speeches which tend to disturb the public peace
They tend to disturb or obstruct any lawful officer in executing the functions of his office
They tend to instigate others to cabal and meet together for unlawful purposes
They suggest or incite rebellious conspiracies or riots
They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the Government.
Writing, publishing, or circulating scurrilous (meaning vulgar, mean, foul) libels against the Government or any of its duly constituted authorities, which tend to disturb public peace.
ARTICLE 143 - ACT TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES.
ELEMENTS:
That there be a projected meeting or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial boarder city or municipal council or board; and
That the offender, who may be any person, prevents such meeting by force or fraud.
ARTICLE 144. DISTURBANCE OF PROCEEDINGS OF CONGRESS OR SIMILAR BODIES.
ELEMENTS:
That there be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees, or any provincial board or city or municipal council or board
That the offender does any of the following acts:
a) He disturbs any of such meetings.
b) He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it.
ARTICLE 145 - VIOLATION OF PARLIAMENTARY IMMUNITY.
PUNISHABLE ACTS:
1) Using force, intimidation, threats, or frauds to prevent any member of the National Assembly from (1) attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commission or committees or divisions thereof, or from (2) expressing his opinions, or (3) casting his vote:
2) Arresting or searching any member while Congress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor.
ELEMENTS FOR FIRST PUNISHABLE ACT:
1) The offender uses force, intimidation, threats, or fraud;
2) The purpose of the offender is to prevent any member of the National assembly from ---
a. attending the meetings of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof
b. expressing his opinions
c. casting his vote.
The offender in this first mode is ANY PERSON.
ELEMENTS FOR SECOND PUNISHABLE ACT:
1) The offender is a public officer or employee;
2) That he arrests or searches any member of the National Assembly;
3) That the Assembly, at the time of the arrest or search, is in regular or special session; and
4) That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor.
ARTICLE 146. ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. Requisites are as follows:
That there is a meeting, gathering or group of persons, whether in a fixed place or moving.
That the meeting is attended by armed persons.
That the purpose of the meeting is to commit any of the crimes punishable under the Code.
Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority. The following are its requisites:
That there is a meeting, a gathering or group of persons, whether in a fixed place or moving.
That the audiences, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or direct assault.
ARTICLE 147. ILLEGAL ASSOCIATIONS
Association totally or partially organized for:
The purpose of committing any of the crimes punishable under the Code
Some purpose contrary to public morals
ARTICLE 148 - DIRECT ASSAULTS.
TWO MODES TO COMMIT:
1) Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of sedition & rebellion.
2) Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority (PA) or any of his agents (APA), while engaged in the performance of official duties, or on the occasion of such performance.
ELEMENTS OF THE FIRST MODE:
That the offender employs force or intimidation.
That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition.
That there is no public uprising.
ELEMENTS OF THE SECOND MODE:
That the offender:
Makes an attack;
Employs force;
Makes a serious intimidation; and
Makes a serious resistance
That the person assaulted is a person in authority or his agent.
That at the time of the assault the person in authority or his agent
is engaged in the actual performance of official duties; and/or
that he is assaulted by reason of the past performance of his official duties.
That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.
That there is no public uprising.
ARTICLE 149. INDIRECT ASSAULTS.
ELEMENTS:
That the person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148
That a person comes to the aid of the person in authority or his agent.
That the offender makes use of force or intimidation upon such person coming to the aid of the person in authority or his agent.
QUALIFIED ASSAULT
ELEMENTS:
When the assault is committed with a weapon; or
When the offender is a public officer or employee; or
When the offender lays hands on a person in authority.
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS.
PUNISHABLE ACTS (FIVE MODES):
By refusing, without legal excuse, to obey summons of the National Assembly, its committees or subcommittees, by constitutional commission, committees, subcommittees or division.
By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official.
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 function.
By restraining another from attending as a witness in such legislative or constitutional body.
By inducing disobedience to a summons or refusal to be sworn by any such body or official.
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON.
TWO MODES:
Resistance and serious disobedience; and
Simple disobedience.
ELEMENTS OF RESISTANCE AND SERIOUS DISOBEDIENCE
That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender;
That the offender resists or seriously disobeys such person in authority or his agent; and
That the act of the offender is not included in the provisions of the articles 148, 149 and 150.
ELEMENTS OF SIMPLE DISOBEDIENCE:
That an agent of a person in authority is engaged in the performance of official duty or gives lawful order to the offender;
That the offender disobeys such agent of a person in authority; and
That such disobedience is not a serious nature.
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDERS; TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE.
ACTS PUNISHED (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 Articles 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.
ARTICLE 154 - UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES.
ACTS PUNISHED:
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;
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;
Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially;
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. Actual public disorder or actual damage to the credit of the State is not necessary.
ARTICLE 155 - ALARMS AND SCANDALS.
ACTS PUNISHED:
Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm of danger;
Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements;
Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 in not applicable.
ARTICLE 156 - DELIVERY OF PRISONERS FROM JAILS.
ELEMENTS:
That there is a person confined in a jail or penal establishment;
That the offender removes therefrom such person, or helps the escape of such person.
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE.
ELEMENTS:
That the offender is a convict by final judgment;
That he is serving sentence which consists in the deprivation of liberty;
That he evades service of his sentence by escaping during the term of his imprisonment.
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDER, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES.
ELEMENTS:
That the offender is a convict by final judgment, who is confined in apenal institution.
That there is disorder, resulting from-
conflagration,
earthquake,
explosion,
similar catastrophe, or
mutiny in which he has not participated.
That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny.
That the offender fails to give himself up to the authorities within 48hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity
ARTICLE 159. VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
That the offender was a convict;
That he was granted a conditional pardon by the Chief Executive;
That he violated any of the conditions of such pardon.
ARTICLE 160. QUASI–RECIDIVISM
ELEMENTS:
Offender was already convicted by final judgment of one offense;
He committed a new felony before beginning to serve such sentence or while serving the same.
TRAFFICKING IN PERSONS
ELEMENTS:
act of trafficking
means to commit trafficking and
exploitive purpose
ARTICLE 200 - GRAVE SCANDAL
ELEMENTS:
Offender performs an act
Act is highly scandalous as offending against decency or good customs
Highly scandalous conduct does not expressly fall within any other article of the RPC
Committed in a public place or within the public knowledge or view. (The public view is not required, it is sufficient if in a public place. For public knowledge, it may occur even in a private place; the number of people who see it is not material).
ARTICLE 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS.
PERSONS LIABLE:
Those who publicly expound or proclaim doctrines that are contrary to public morals
Authors of obscene literature, published with their knowledge in any form
Editors publishing such obscene literature
Owners or operators of establishments selling obscene literature
Those who exhibit indecent or immoral plays, scenes, acts or shows on theaters, fairs, cinemas or any other place
Those who sell, distribute, or exhibit prints, engraving, sculptures or literatures which are offensive to morals
ARTICLE 202. VAGRANTS AND PROSTITUTES
ELEMENTS OF A PROSTITUTE:
A women habitually indulge in sexual intercourse or lascivious conduct; and
The act was done for money or profit.
ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS.
Persons liable:
a. Those who publicly expound or proclaim doctrines that are contrary to public morals
b. Authors of obscene literature, published with their knowledge in any form
c. Editors publishing such obscene literature
d. Owners or operators of establishments selling obscene literature
e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place
f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literatures which are offensive to morals
ARTICLE 202 - VAGRANTS AND PROSTITUTES; PENALTY
ELEMENTS OF A PROSTITUTE
A women habitually indulge in sexual intercourse or lascivious conduct; and
The act was done for money or profit.
--------------------------------------------------------------------
FINALS
--------------------------------------------------------------------
ACTS PUNISHABLE BY THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002:
Re: Dangerous drugs and/or controlled precursors and essential chemicals:
Importation
Sale, trading, administration, dispensation, delivery, distribution, and transportation
Manufacture
Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia
Failure to maintain and keep original records of transactions
Re: Drug den, dive or resort:
Maintenance
Being employees or visitors
Re: Possession
Dangerous drugs
Equipment, instrument, apparatus and other paraphernalia for dangerous drugs
Dangerous drugs during parties, social gatherings or meetings
Equipment, instrument, apparatus and other paraphernalia for or meetings dangerous drugs during parties, social gatherings
Re: Prescription
Unnecessary prescription of dangerous drugs
Unlawful prescription of dangerous drugs.
Others
Use of dangerous drugs
Cultivation or culture of plants classified as dangerous drugs or are sources thereof
Illegal chemical diversion of controlled precursors and essential chemicals.
PERSONS LIABLE:
Pusher
Dangerous Drug Trafficker
Possessor
User
Protector/Coddler
Financer
ATTEMPTED STAGE:
Conspiracy or attempt to commit the following unlawful acts is punishable:
Importation of any dangerous drug and/or controlled precursor and essential chemical;
Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/ or controlled precursor and essential chemical;
Maintenance of a den, dive or resort where any dangerous drug is used in any form;
Manufacture of any dangerous drug and/or controlled precursor and essential chemical;
Cultivation or culture of plants which are sources of dangerous drugs. (Sec. 26)
CHAIN OF CUSTODY:
The links that the prosecution must establish in the chain of custody in a buy-bust situation are as follows:
The seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer;
The turnover of the illegal drug seized by the apprehending officer to the investigating officer;
The turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and
The turnover and submission of the marked illegal drug seized by the forensic chemist to the court.
Summary of chain of custody requirement:
Immediately after seizure and confiscation, apprehending officer should conduct a physical inventory and photograph the seized substances at the place where search warrant is served or in case of warrantless seizures, at the nearest police station or nearest office of the apprehending officer/team.
The physical inventory and photograph taking should be made in the presence of the following:
accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel;
an elected public official; and
a representative of the National Prosecution Service or the media.
The witnesses should sign copies of the inventory and be given a copy thereof.
The seized substance should be placed in a plastic container and the apprehending officer should place his marking in the container and seal the same with a seal, e.g. adhesive tape, that cannot be removed without leaving a tear on the plastic container.
The marked evidence must then be turned over by the apprehending officer to the investigating officer.
The investigating officer must turn over the marked evidence to the PDEA Forensic Laboratory for examination within 24 hours from confiscation.
After testing of the seized substance in the crime laboratory, the forensic chemist should put his own mark on the plastic container and seal it again with a new seal.
The forensic chemist should turn-over and submit the marked illegal drug to the court.
VALID BUY-BUST OPERATION
A buy-bust operation is a form of entrapment, which in recent years has been accepted as a valid means of arresting violators of the Dangerous Drugs Law. It is commonly employed by police officers as an effective way of apprehending law offenders in the act of committing a crime. In a buy-bust operation, the idea to commit a crime originates from the offender, without anybody inducing or prodding him to commit the offense. Its opposite is instigation or inducement, wherein the police or its agent lures the accused into committing the offense in order to prosecute him. Instigation is deemed contrary to public policy and considered an absolutory cause.
RULE ON PLEA BARGAINING
The Supreme Court, in separate resolutions in A.M. No. 18- 03-16-SC issued in 2018 and 2019, held, among others, that plea bargaining in drug cases is allowed and probation may be availed of only in the following instances:
When the accused is charged with possession of dangerous drugs under Section 11 of R.A. No. 9165 and the quantity of "shabu" is less than 5 grams or in case of marijuana, it is less than 300 grams.
When the accused is charged under Section 5 of R.A.No. 9165 with the sale of "shabu" and the quantity found in his/her possession is less than 1 gram; or if marijuana only, it is less than 10 grams.
When the accused is charged under Section 13 (Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings) in relation to Section 11 of R.A. No. 9165 and the quantity of the dangerous drug in his/her possession is less than 5 grams; or in case it is marijuana, the quantity is less than 300 grams.
When the accused is an employee or a visitor of a drug den, dive or resort provided that he/she is charged solely under Section 7 of R.A. No. 9165, and there is no other person charged for maintaining the said drug den, dive, or resort.
Plea Bargaining is also allowed when an accused is charged with possession of "shabu" weighing 5 to 9.99 grams; or of marijuana weighing 300 to 499 grams. However, probation of the accused will not be allowed in such instances.
No plea bargaining is allowed in the following instances:
Possession of 10 grams or more of "shabu;"
Possession of 500 grams or more of marijuana;
Sale of "shabu" exclusively, with a quantity of 1.00 gram or more;
Sale of marijuana exclusively, with a quantity of 10 grams or more; and
Sale of all other kinds of dangerous drugs.
ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.
ACTS PUNISHABLE:
Forging the Great Seal of the Government of the Philippines.
Forging the signature of the President.
Forging the stamp of the President.
ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP.
ELEMENTS:
That the great seal of the republic was counterfeited, or the signature or stamp of the chief executive was forged by another person.
That the offender knew of the counterfeiting or forgery.
That he used a counterfeit seal or forged signature or stamp.
ARTICLE 163 - MAKING AND IMPORTING AND UTTERING FALSE COINS.
ELEMENTS:
That there be false or counterfeited coins.
That the offender either made, imported or uttered such coins.
That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers.
ARTICLE 164 - MUTILATION OF COINS; IMPORTATION AND UTTERANCE OF MUTILATED COINS.
ACTS PUNISHABLE:
Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another.
Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering.
NOTE: In forgery, the forged coins include those of legal currency of the Philippines, or foreign country. In mutilation, the mutilated coins are confined to that legal currency of the Philippines.
ARTICLE 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.
ELEMENTS:
Possession;
With intent to utter, and
Knowledge.
2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.
ELEMENTS:
Actually uttering, and
Knowledge.
ARTICLE 166 - FORGING TREASURY OR BANK NOTES ON OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS.
ACTS PUNISHABLE:
Forging or falsification of treasury or bank notes or other documents payable to bearer.
Importation of such false or forged obligations or notes.
Uttering of such false or forged obligations or notes in connivance with the forgers or importers.
ARTICLE 167 - COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER.
ELEMENTS:
That there be an instrument payable to order or other document of credit not payable to bearer.
That the offender either forged, imported or uttered such instrument.
That in case of uttering, he connived with the forger or importer.
ARTICLE 168 - ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT.
ELEMENTS:
That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person.
That the offender knows that any of those instruments is forged or falsified.
That he performs any of these acts —
using any of such forged or falsified instruments; or
possessing with intent to use any of such forged or falsified instruments
ARTICLE 169 - HOW FORGERY IS COMMITTED.
1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.
ARTICLE 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS.
ELEMENTS:
That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council.
That the offender alters the same.
That he has no proper authority therefor.
That the alteration has changed the meaning of the document.
ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTIC MINISTER.
ELEMENTS:
That the offender is a public officer, employee, or notary public.
That he takes advantage of his official position.
That 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 authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement 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.
In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons.
ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS.
ACTS PUNISHABLE:
Falsification of public, official or commercial document by a private individual.
Falsification of private document by any person.
Use of falsified document.
Mode 1: Falsification of public, official, or commercial document by a private individual
ELEMENTS:
1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position.
2. That he committed any of the acts of falsification enumerated in Article 171.
3. That the falsification was committed in a public or official or commercial document.
Mode 2: Falsification of private document by any person;
ELEMENTS:
That the offender committed any of the acts of falsification, except those in paragraph 7, enumerated in Article 171.
That the falsification was committed in any private document.
That the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage.
Mode 3: Use of falsified document.
ELEMENTS:
(Introducing in a judicial proceeding) –
That the offender knew that a document was falsified by another person.
That the false document is embraced in Article 171 or in any subdivisions No. 1 or 2 of Article 172.
That he introduced said document in evidence in any judicial proceeding.
ELEMENTS:
(Use in any other transaction)-
That the offender knew that a document was falsified by another person.
That the false document is embraced in Article 171 or in any of subdivision No. 1 or 2 of Article 172.
That he used such document (not in judicial proceedings).
That the use of the false document caused damage to another or at least it was used with intent to cause such damage.
ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES.
ACTS PUNISHABLE:
Uttering fictitious wireless, telegraph or telephone message.
Falsifying wireless, telegraph or telephone message.
Using such falsified message.
Mode 1: Uttering fictitious wireless, telegraph or telephone message or falsifying the same (paragraph 1);
ELEMENTS:
That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message;
That the offender commits any of the following:
Uttering fictitious wireless, cable, telegraph or telephone message; or
Falsifying wireless, cable, telegraph, or telephone messages.
Mode 2: Using said falsified messages (paragraph 2);
ELEMENTS:
That the accused knew that wireless, cable, telegraph, or telephone message
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;
That the accused used such falsified dispatch;
That the use of the falsified dispatch resulted in the prejudice of a third party or that the use thereof was with intent to cause such prejudice.
ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC
PERSONS LIABLE:
1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate. (It must refer to the illness or injury of a person.)
2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances.
3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2.
ARTICLE 175 - USING FALSE CERTIFICATES.
ELEMENTS:
1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.
ARTICLE 176 - MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION.
ACTS PUNISHABLE:
Making or introducing into the Philippines any stamps, dies, marks or other instruments or implements for counterfeiting or falsification.
Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person.
ARTICLE 177 - USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS.
ACTS PUNISHABLE:
Usurpation of authority
Usurpation of official functions
TWO WAYS OF COMMITTING THE CRIME:
1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine government or any foreign government.
2. By performing any act pertaining to any person in authority or public officer of the Philippine government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so.
Mode 1: Usurpation of authority (There is no connection with the office represented)
ELEMENTS:
Offender knowingly and falsely represents himself;
As an Officer, agent or representative of any department or agency of the Philippine government or of any foreign government.
Mode 2: Usurpation of official functions (Excess of authority)
ELEMENTS:
Offender performs any act;
Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof;
Under Pretense of official position;
Without being lawfully entitled to do so.
ARTICLE 178 - USING FICTITIOUS NAME AND CONCEALING TRUE NAME.
Mode 1: USING FICTITIOUS NAME
ELEMENTS:
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is:
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest.
Mode 2: CONCEALING TRUE NAME
ELEMENTS:
1. That the offender conceals –
a. His true name; and
b. All other personal circumstances.
2. That the purpose is only to conceal his identity.
ARTICLE 179 - ILLEGAL USE OF UNIFORMS OR INSIGNIA.
ELEMENTS:
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT.
FORMS OF FALSE TESTIMONY:
False testimony in criminal case (article 180 and 181)
False testimony in civil cases (article 182)
False testimony in other cases (article 183)
ELEMENTS:
That there be a criminal proceeding;
That the offender testifies falsely under oath against the defendant therein;
That the offender who gives false testimony knows that it is false;
That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.
ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO THE DEFENDANTS.
ELEMENTS:
A person gives false testimony;
The testimony is in favor of the defendant; and
The testimony was made in a criminal case.
ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES.
ELEMENTS:
That the testimony must be given in a civil case.
That the testimony must relate to the issues presented in said case.
That the testimony must be false.
That the false testimony must be given by the defendant knowing the same to be false.
That the testimony must be malicious and given with an intent to affect the issues presented in said case.
ARTICLE 183 - FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION.
ELEMENTS:
That the accused made a statement under oath, or executed an affidavit upon a material matter.
That the statement or affidavit was made before a competent officer, authorized to receive and administer oath.
That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood.
That the sworn statement or affidavit containing the falsity is required by law.
Two ways of committing perjury:
Falsely testifying under oath; and
By making a false affidavit.
ARTICLE 184 - OFFERING FALSE TESTIMONY IN EVIDENCE.
ELEMENTS:
That the offender offered in evidence a false witness or false testimony.
That he knew the witness or the testimony was false.
That the offer was made in a judicial or official proceeding.
ARTICLE 185 - MACHINATIONS IN PUBLIC AUCTIONS.
ACTS PUNISHABLE:
1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction.
ELEMENTS:
That there be a public auction.
That the accused solicited any gift or a promise from any of the bidders.
That such gift or promise was the consideration for his refraining from taking part in that public auction.
That the accused had the intent to cause the reduction of the price of the thing auctioned.
2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice.
ELEMENTS:
That there be a public auction.
That the accused attempted to cause the bidders to stay away from that public auction.
That it was done by threats, gifts, promises or any other artifice.
That the accused had the intent to cause the reduction of the price of the thing auctioned.
ARTICLE 186 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE.
[REPEALED BY PHILIPPINE COMPETITION ACT]
ANTI-COMPETITIVE AGREEMENTS UNDER THE PHILIPPINE COMPETITION ACT
(a) The following agreements, between or among competitors, are per se prohibited:
(1) Restricting competition as to price, or components thereof, or other terms of trade;
(2) Fixing price at an auction or in any form of bidding including cover bidding, bid suppression, bid rotation and market allocation and other analogous practices of bid manipulation;
(b) The following agreements, between or among competitors which have the object or effect of substantially preventing, restricting or lessening competition shall be prohibited:
(1) Setting, limiting, or controlling production, markets, technical development, or investment;
(2) Dividing or sharing the market, whether by volume of sales or purchases, territory, type of goods or services, buyers or sellers or any other means;
(c) Agreements other than those specified in (a) and (b) of this section which have the object or effect of substantially preventing, restricting or lessening competition shall also be prohibited: Provided, Those which contribute to improving the
production or distribution of goods and services or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits, may not necessarily be deemed a violation of this Act.
PROHIBITED ACTS FOR WHICH ADMINISTRATIVE PENALTIES SHALL BE IMPOSED
Abuse of a dominant position (Sec. 15, R.A. No. 10667)
Prohibited mergers and acquisitions (Sec. 20)
ILLEGAL ACTS OF PRICE MANIPULATION:
Hoarding
Profiteering
Cartel
ARTICLE 187 - IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS.
Articles or merchandise involved:
Those made of —
(a) Gold,
(b) Silver,
(c) Other precious metals, or
(d) Their alloys.
ELEMENTS:
That the offender imports, sells or disposes of any of those articles or merchandise.
That the stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys.
That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of the metals or alloys.
ARTICLE 188. SUBSISTING AND ALTERING TRADE-MARK, TRADE-NAMES, OR SERVICE MARKS.
ACTS PUNISHABLE:
By (1) substituting the tradename or trademark of some other manufacturer or dealer, or a colorable imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of commerce, and (2) selling the same.
By selling or by offering for sale such articles of commerce, knowing that the tradename or trademark has been fraudulently used.
By using or substituting the service mark of some other person, or a colorable imitation of such mark, in the sale or advertising of his services.
By printing, lithographing or reproducing trade name, trademark, or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used.
ARTICLE 189 - UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADE-MARK, TRADE-NAME OR SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION.
ACTS PUNISHABLE:
By selling his goods, giving them the general appearance of the goods of another manufacturer or dealer. (UNFAIR COMPETITION)
By (a) affixing to his goods or using in connection with his services a false designation of origin or any false description or representation, and (b) by selling such goods or services. (FRAUDULENT DESIGNATION OF ORIGIN; FALSE DESCRIPTION)
By procuring fraudulently from the patent office of the registration of trade name, trademark, or service mark. (FRAUDULENT REGISTRATION)
ELEMENTS OF TRADEMARK INFRINGEMENT:
The trademark being infringed is registered in the Intellectual Property Office; however, in infringement of trade name, the same need not be registered;
The trademark or trade name is reproduced, counterfeited, copied, or colorably imitated by the infringer;
The infringing mark or trade name is used in connection with the sale, offering for sale, or advertising of any goods, business or services; or the infringing mark or trade name is applied to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in connection with such goods, business or services;
The use or application of the infringing mark or trade name is likely to cause confusion or mistake or to deceive purchasers or others as to the goods or services themselves or as to the source or origin of such goods or services or the identity of such business; and
It is without the consent of the trademark or trade name owner or the assignee thereof.
ELEMENTS OF UNFAIR COMPETITION
Confusing similarity in the general appearance of the goods, and
Intent to deceive the public and defraud a competitor.
FALSE DESIGNATION OF ORIGIN OR FALSE DESCRIPTION OR REPRESENTATION
Who is liable for false designation of origin?
Any person who, or in connection with any goods or services, or any container for goods, uses in commerce, any word, term, name, symbol, or device, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which:
(a) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection or association of such person with another person, or as to the origin, sponsorship or approval of his or her goods, services, or commercial activities by another person; or
(b) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services or commercial activities. (Sec. 169, IP Code)
ARTICLE 203 - WHO ARE PUBLIC OFFICERS
ELEMENTS:
To be a public officer one must be:
1. Taking part in the performance of public functions in the government, or performing in said Government or in any of its branch’s public duties as an employee, agent, or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties must be
a) By direct provision of the law, or
b) By popular election, or
c) By appointment by competent authority
ARTICLE 204 - KNOWINGLY RENDERING UNJUST JUDGMENT
ELEMENTS:
That the offender is a judge;
That he renders a judgment in a case submitted to him for decision;
That the judgment is unjust;
That the judge knows that his judgment is unjust.
ARTICLE 205 - JUDGMENT RENDERED THROUGH NEGLIGENCE
ELEMENTS:
That the offender is a judge;
That he renders a judgment in a case submitted to him for decision;
That the judgment is manifestly unjust;
That it is due to his inexcusable negligence or ignorance,
ARTICLE 206 – UNJUST INTERLOCUTORY ORDER
ELEMENTS:
That the offender is a judge;
That he performs any of the following acts:
knowingly renders unjust interlocutory order or decree; or
renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance
ARTICLE 207 – MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
ELEMENTS:
That the offender is a judge;
That there is a proceeding in court;
That he delays the administration of justice;
That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.
ARTICLE 208 - PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
ACTS PUNISHABLE:
By maliciously refraining from instituting prosecution against violators of the law.
By maliciously tolerating the commission of a crime.
ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses.
That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of the criminal (People v. Rosales, G.R. No. 42648) or knowing that a crime is about to be committed, he tolerates its commission.
That the offender acts with malice and deliberate intent to favor the violator of the law.
WHO ARE THE OFFENDERS?
PUBLIC OFFICER; OR
OFFICER OF LAW
ARTICLE 209 - BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF SECRETS
ACTS PUNISHABLE:
By causing damage to his client, either:
By any malicious breach of professional duty; or
Inexcusable negligence or ignorance
By revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary)
By undertaking the defense of the opposing party in the same case without the consent of his first client after having undertaken the defense of said first client, or after having received confidential information from said client.
ARTICLE 210– DIRECT BRIBERY
ACTS PUNISHABLE:
By agreeing to perform, or by performing in consideration of any offer, promise, gift or present – an act constituting a crime, in connection with the performance of official duties.
By accepting a gift in consideration of the execution of an act which do not constitute a crime, in connection with the performance of his official duty.
By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, inconsideration of a gift or promise.
ELEMENTS:
That the offender be a public officer within the scope of Article 203.
That the offender accepts an offer or a promise or receives a gift or present by himself or through another.
That such offer or promise be accepted, or gift or present received by the public officer
With a view to committing some crime; or
In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or
To refrain from doing something which it is his official duty to do.
That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties.
ARTICLE 211 – INDIRECT BRIBERY
ELEMENTS:
That the offender is a public officer.
That he accepts gifts.
That the said gifts are offered to him by reason of his office.
ARTICLE 211-A - QUALIFIED BRIBERY
ELEMENTS:
That the offender is a public officer entrusted with law enforcement;
That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetuate and/or death;
That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present.
ARTICLE 212 – CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS:
That the offender makes offers or promises or gives gifts or presents toe public officer;
That the offers or promises are made or the gifts or presents given to public, officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery.
RA 7080 - ANTI-PLUNDER ACT
ELEMENTS:
1. That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or criminal acts:
(a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
(b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits 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;
(c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries;
(d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking;
(e) 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
(f) by taking 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 and the Republic of the Philippines; and,
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00.
RA 6713 - CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES
Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.
(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.
(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.
RA 3019 - ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(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.
(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 part, wherein the public officer in his official capacity has to intervene under the law.
(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, without prejudice to Section thirteen of this Act.
(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.
(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. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
(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.
(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.
(h) Director or indirectly having financing 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.
(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.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.
(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.
(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.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.
ARTICLE 213 – FRAUD AGAINST THE TREASURY AND SIMILAR OF OFFENSES
ACTS PUNISHABLE:
By entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds.
By demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in the collection of taxes, licenses, fees, and other imposts.
By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts.
By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts.
ELEMENTS OF FRAUD AGAINST THE TREASURY AND SIMILAR OF OFFENSES:
That the offender be a public officer.
That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity.
That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to:
Furnishing supplies
The making of contracts
The adjustment or settlement of accounts relating to public property or fund
That the accused had intent to defraud the Government.
ELEMENTS OF ILLEGAL EXACTIONS:
The offender is a public officer entrusted with the collection of taxes, licenses, fees, and other imposts.
He is guilty of any of the following acts or omissions:
Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law; or
Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or
Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law
ARTICLE 214 – OTHER FRAUDS
ELEMENTS:
That the offender is a public officer.
That he takes advantage of his official position.
That he commits any of the frauds or deceits enumerated in Arts. 315 to 318. (estafa, other forms of swindling, swindling a minor, and other deceits)
ARTICLE 215 – PROHIBITED TRANSACTIONS
ELEMENTS:
That the offender is an appointive public officer.
That he becomes interested, directly, or indirectly, in any transaction or exchange or speculation.
That the transaction takes place within the territory subject to his jurisdiction.
That he becomes interested in the transaction during his incumbency.
ARTICLE 216 – POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER
PERSONS LIABLE:
Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene.
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.
Guardians and executors with respect to the property belonging to their wards or the estate.
ARTICLE 217 - MALVERSATION OF PUBLIC FUNDS OR PROPERTY; PRESUMPTION OF MALVERSATION
ACTS PUNISHABLE:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By Consenting, through abandonment or negligence, permitting any other person to take such public funds.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.
ELEMENTS COMMON TO ALL ACTS OF MALVERSATION UNDER ART. 217:
That the offender is a public officer.
That he has the custody or control of funds or property by reason of the duties of his office.
That those funds or property were public funds or property for which he was accountable.
That he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them.
ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
ELEMENTS:
That the offender is a public officer, whether in the service or separated therefrom.
That he must be an accountable officer for public funds or property.
That he is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor.
That he fails to do so for a period of 2 months after such accounts should be rendered.
The public officers who are bound to render accounts are the following:
1. cashiers
2. storekeepers
3. warehousemen and
4. those who by the nature of their position become custodian or public funds or property
ARTICLE 219 - FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
ELEMENTS:
That the offender is a public officer.
That he must be an accountable officer for public funds and property.
That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the commission on audit a certificate showing that his accounts have been finally settled.
ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
ELEMENTS:
1. That the offender is a public officer.
2. There is public fund or property under his administration.
3. Such public fund or property has been appropriated by law or ordinance.
4. That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance.
ARTICLE 221 - FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
ACTS PUNISHABLE:
1. By failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession.
ELEMENTS:
1. That the public officer has government funds in his possession.
2. That he is under obligation to make payment from such funds.
3. That he fails to make the payment maliciously.
2. By refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration.
ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING PROVISIONS
Private individuals who may be liable under Articles 217-221
Private individuals who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property .
Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual.
ARTICLE 223 - CONNIVING WITH OR CONSENTING TO EVASION
ELEMENTS:
That the offender is a public officer.
That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment.
That such prisoner escaped from his custody.
That he was in connivance with the prisoner in the latter’s escape.
CLASSES OF PRISONER INVOLVED
If the fugitive has been sentenced by final judgment to any penalty.
If the fugitive is held only as detention prisoner for any crime or violation of law or municipal ordinance. (Detention prisoner is a person in legal custody, arrested for and charged with some crime or public offense.)
ARTICLE 224 - EVASION THROUGH NEGLIGENCE
ELEMENTS:
That the offender is a public officer.
That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
That such prisoner escapes through his negligence.
ARTICLE 225 - ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER
ELEMENTS:
That the offender is a private person.
That the conveyance or custody of a prisoner or person under arrest is confided to him.
That the prisoner or person under arrest escapes.
That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence.
ARTICLE 226 - REMOVAL CONCEALMENT, OR DESTRUCTION OF DOCUMENTS
ACTS PUNISHABLE:
By removing documents or paper officially entrusted to the offending public officer.
By destroying documents or paper officially entrusted to the offending public officer.
By concealing documents or paper officially entrusted to the offending public officer.
ELEMENTS:
That the offender be a public officer.
That he abstracts, destroys, or conceals documents or papers.
That the said documents or papers should have been entrusted to such public officer by reason of his office.
That damage, whether serious or not, to a third party or to the public interest should have been caused.
ARTICLE 227 - OFFICER BREAKING SEAL
ELEMENTS:
That the offender is a public officer.
That he is charged with the custody of papers or property.
That these papers or property are sealed by proper authority.
That he breaks the seals or permits them to be broken.
ARTICLE 228 - OPENING OF CLOSED DOCUMENTS
ELEMENTS:
That the offender is a public officer.
That any closed papers, documents, or objects are entrusted to his custody.
That he opens or permits to be opened said closed papers, documents, or objects.
That he does not have the proper authority.
ARTICLE 229 - REVELATION OF SECRETS BY AN OFFICER
PUNISHABLE ACTS:
By revealing any secret known to the offending public officer by reason of his official capacity.
ELEMENTS:
That the offender is a public officer.
That he knows of the secret by reason of his official capacity.
That he reveals such secret without authority or justifiable reasons.
That damage, great or small, be caused to public interest.
By delivering wrongfully papers or copies of papers of which he may have charge and which should not be published.
ELEMENTS:
That the offender is a public officer.
That he has charge of papers.
That those papers should not be published.
That he delivers those papers or copies thereof to a third person.
That the delivery is wrongful.
That damage be caused to public interest.
ARTICLE 230 - PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL
ELEMENTS:
That the offender is a public officer.
That he knows of the secrets of private individual by reason of his office.
That he reveals such secrets without authority or justifiable reason.
ARTICLE 231 - OPEN DISOBEDIENCE
ELEMENTS:
That the offender is a judicial or executive officer.
That there is a judgment, decision, or order of a superior authority.
That such judgment, decision, or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities.
That the offender without any legal justification openly refuses to execute said judgment, decision, or order, which he is duty bound to obey.
ARTICLE 232 - – DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER
ELEMENTS:
That the offender is a public officer.
That an order is issued by his superior for execution.
That he has for any reason suspended the execution of such order.
That his superior disapproves the suspension of the execution of the order.
That the offender disobeys his superior despite the disapproval of the suspension.
ARTICLE 233 - REFUSAL OF ASSISTANCE
ELEMENTS:
That the offender is a public officer.
That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service.
That the offender fails to do so maliciously.
ARTICLE 234 - REFUSAL TO DISCHARGE ELECTIVE OFFICE
ELEMENTS:
That the offender is elected by popular election to a public office.
That he refuses to be sworn in or to discharge the duties of said office.
That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.
ARTICLE 235 - MALTREATMENT OF PRISONERS
ELEMENTS:
That the offender is a public officer or employee.
That he has under his charge a prisoner or detention prisoner.
That he maltreats such prisoner in either of the following manners:
By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either:
by the imposition of punishments not authorized by the regulations, or
by inflicting such punishments (those authorized) in a cruel and humiliating manner; or
By maltreating such prisoner to extort a confession or to obtain some information from the prisoner.
ARTICLE 236 - ANTICIPATION OF DUTIES OF A PUBLIC OFFICE.
ELEMENTS:
That the offender is entitled to hold a public office or employment, either by election or appointment.
That the law requires that he should first be sworn in and/or should first give a bond.
That he assumes the performance of the duties and powers of such office.
That he has not taken his oath of office and/or given the bond required by law.
ARTICLE 237 – PROLONGING PERFORMANCE OF DUTIES AND POWERS.
ELEMENTS:
That the offender is holding a public office.
That the period provided by law, regulations, or special provisions for holding such office, has already expired.
That he continues to exercise the duties and powers of such office.
ARTICLE 238 – ABANDONMENT OF OFFICE
ELEMENTS:
That the offender is a public officer.
That he formally resigns from his position.
That his resignation has not yet been accepted.
That he abandons his office to the detriment of the public service.
ARTICLE 239 - USURPATION OF LEGISLATIVE POWER
ELEMENTS:
That the offender is an executive or judicial officer.
That he:
Makes general rules or regulations beyond the scope of his authority, or
Attempts to repeal a law or
Suspends the execution thereof.
ARTICLE 240 - USURPATION OF EXECUTIVE FUNCTIONS.
ELEMENTS:
1. That the offender is a judge.
2. That he:
a. assumes a power pertaining to the executive authorities, or
b. obstructs the executive authorities in the lawful exercise of their powers.
ARTICLE 241 - USURPATION OF JUDICIAL FUNCTIONS.
ELEMENTS:
1. That the offender is an officer of the executive branch of the Government.
2. That he:
a. assumes judicial powers, or
b. obstructs the execution of any order or decision rendered by any judge within his jurisdiction.
ARTICLE 242 - DISOBEYING REQUEST FOR DISQUALIFICATION
ELEMENTS:
That the offender is a public officer.
That a proceeding is pending before such public officer.
That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided.
That he has been lawfully required to refrain from continuing the proceeding.
That he continues the proceeding.
ARTICLE 243 – ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY.
ELEMENTS:
That the offender is an executive officer.
That he addresses any order or suggestion to any judicial authority.
That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.
ARTICLE 244 – UNLAWFUL APPOINTMENTS
ELEMENTS:
That the offender is a public officer.
That he nominates or appoints a person to a public office.
That such person lacks the legal qualifications therefor.
That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment.
ARTICLE 245 - ABUSES AGAINST CHASTITY - PENALTIES
ACTS PUNISHABLE:
By soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer.
By soliciting or making immoral or indecent advances to a woman under the offender's custody.
By soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer.
ELEMENTS:
That the offender is a public officer.
That he solicits or makes immoral or indecent advances to a woman.
That such woman must be -
interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer;or
under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or
the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.
ARTICLE 246 - PARRICIDE
ELEMENTS:
Person is killed;
Deceased is killed by the accused;
Deceased is the
(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
ARTICLE 247 – DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
A legally married person, or a parent, surprises his spouse or his daughter, the latter under 18 years of age and living with him in the act of sexual intercourse with another person;
He or she kills any or both of them, or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter;
He has not promoted or facilitated the prostitution of his wife or daughter, or that she has not consented to the infidelity of the other spouse.
ARTICLE 248 - MURDER
ELEMENTS:
Person was killed;
Accused killed him;
Killing attended by any of the following qualifying circumstances – (EPICC SWWAT)
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;
In consideration of a price, reward or promise;
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;
On occasion of any destructive cyclone, epidemic, or any other public calamity;
With evident premeditation;
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
The killing is not parricide or infanticide.
ARTICLE 249 - HOMICIDE
ELEMENTS:
Person was killed;
Offender killed him without any justifying circumstances;
Offender had the intention to kill, which is presumed;
Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.
ARTICLE 251 – DEATH CAUSED IN TUMULTUOUS AFFRAY.
ELEMENTS:
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.
ARTICLE 252 – PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY.
ELEMENTS:
1. That there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only.
3. That the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the person of the offended party are known
ARTICLE 253 – GIVING ASSISTANCE TO SUICIDE.
ACTS PUNISHABLE:
By assisting another to commit suicide, whether the suicide is consummated or not (paragraph 2)
By lending his assistance to another to commit suicide to the extent of doing the killing himself.
ELEMENTS:
1. That the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
ARTICLE 255 – INFANTICIDE.
ELEMENTS:
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.
ARTICLE 256 – INTENTIONAL ABORTION.
WAYS OF COMMITTING INTENTIONAL ABORTION:
1. By using any violence upon the person of the pregnant woman.
2. By acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.)
3. By acting (by administering drugs or beverages), with the consent of the pregnant woman.
ELEMENTS:
That there is a pregnant woman;
That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman;
That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom;
That the abortion is intended.
ARTICLE 257 – UNINTENTIONAL ABORTION.
ELEMENTS:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies, either in the womb or after having been expelled therefrom.
ARTICLE 258 – ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS
ELEMENTS:
That there is a pregnant woman who has suffered an abortion.
That the abortion is intended.
That the abortion is caused by –
The pregnant woman herself.
Any other person with her consent.
Any of her parents, with her consent for the purpose of concealing her dishonor.
ARTICLE 259 – ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES
ELEMENTS:
That there is a pregnant woman who has suffered an abortion.
That the abortion is intended.
That the offender, who must be a physician or midwife, causes or assist in causing the abortion.
That Said physician or midwife takes advantage of his or her scientific knowledge or skill.
As to pharmacists, the elements are:
That the offender is a pharmacist.
That there is no proper prescription from a physician.
That the offender dispenses any abortive.
ARTICLE 260 – RESPONSIBILITY OF PARTICIPANTS IN A DUEL
ACTS PUNISHABLE:
By killing one’s adversary in a duel.
By inflicting upon such adversary physical injuries.
By making a combat although no physical injuries have been inflicted.
PERSONS LIABLE:
The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals.
The seconds, as accomplices.
ARTICLE 261 – CHALLENGING TO A DUEL
ACTS PUNISHED UNDER ARTICLE 261:
By challenging another to a duel.
By inciting another to give or accept a challenge to a duel.
By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.
PERSONS LIABLE UNDER ARTICLE 261:
Challenger; and
Instigators.
ARTICLE 262 – MUTILATION
TWO KINDS OF MUTILATION:
By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction.
By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential orphan for reproduction, to deprive him of that part of his body.
ELEMENTS OF MUTILATION OF THE FIRST KIND:
That there be a castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium.
That the mutilation is caused purposely or deliberately, that is, to deprive the offended party of some essential organ for reproduction.
ARTICLE 263 – SERIOUS PHYSICAL INJURIES
THE CRIME OF SERIOUS PHYSICAL INJURIES IS COMMITTED:
By wounding;
By beating; or
By assaulting (Art. 263); or
By administering injurious substance. (Art. 264)
ARTICLE 264 – ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES
ELEMENTS:
That the offender inflicted upon another any serious physical injury.
That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity.
That he had no intent to kill.
ARTICLE 265 – LESS SERIOUS PHYSICAL INJURIES
ELEMENTS:
That the offended party is incapacitated for labor for ten days or more (but not more than 30 days), or needs medical attendance for the same period of time.
That the physical injuries must not be those described in the preceding articles.
ARTICLE 266 – SLIGHT PHYSICAL INJURIES AND MALTREATMENT
THREE MODES OF COMMITTING THE CRIME:
Physical injuries which incapacitated the offended party for labor from one to nine days, or required medical attendance during the same period.
Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance.
Ill-treatment of another by deed without causing any injury
HAZING UNDER R.A. No. 8049
ELEMENTS:
That there is initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or organization; and
That during the initiation rite or practice, physical or psychological suffering, harm, or injury is inflicted on a recruit, neophyte, applicant, or member of the fraternity, sorority, or organization.
ARTICLE 266-A – RAPE, WHEN AND HOW COMMITTED
Rape is committed
1. By a man who have carnal knowledge of a woman under any of the following circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. by means of fraudulent machination or grave abuse of authority
d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present
ELEMENTS:
1. Offender is a man;
2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the following circumstances:
4. By using force or intimidation;
5. When the woman is deprived of reason or otherwise unconscious;
6. By means of fraudulent machination or grave abuse of authority; or
7. When the woman is under 12 years of age or demented.
ELEMENTS of Rape by Force, Threat, or Intimidation:
That the offender is a man;
That the offender had carnal knowledge of a woman;
That the act is accomplished by using force, threat, or intimidation.
ARTICLE 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION
ELEMENTS:
Offender is a private individual;
That he kidnaps or detains another, or in any other manner deprives the latter of his liberty;
The act of detention or kidnapping must be illegal;
In the commission of the offense, any of the following circumstances is present (modes or manner of committing this crime):
The kidnapping or detention lasts for more than 3 days;
That it is committed simulating public authority;
That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
That the person kidnapped or detained is a minor, female, or a public officer.
ARTICLE 268 – SLIGHT ILLEGAL DETENTION
ELEMENTS:
That the offender is a private individual;
That he kidnaps or detains another, or in any other manner deprives him of his liberty.
That the act of kidnapping or detention is illegal;
The crime is committed without the attendance of any of the circumstances enumerated in Article 267.
ARTICLE 269 – UNLAWFUL ARREST
ELEMENTS:
Offender arrests or detains another person;
The purpose of the offender is to deliver him to the proper authorities;
The arrest or detention is not authorized by law or there is no reasonable ground therefor.
ARTICLE 270 – KIDNAPPING AND FAILURE TO RETURN A MINOR
ELEMENTS:
That the offender is entrusted with the custody of a minor person (whether over or under seven years but less than 18 years of age).
That he deliberately fails to restore the said minor to his parents or guardians.
ARTICLE 271 – INDUCING A MINOR TO ABANDON HIS HOME
ELEMENTS:
That the minor is living in the home of his parents or guardian or the person entrusted with his custody.
That the offender induces said minor to abandon such home.
ARTICLE 272 – SLAVERY
ELEMENTS:
That the offender purchases, sells, kidnaps or detains a human being.
That the purpose of the offender is to enslave such human being.
ARTICLE 273 – EXPLOITATION OF CHILD LABOR
ELEMENTS:
That the offender retains a minor in his service.
That it is against the will of the minor.
That 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.
ARTICLE 274 – SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT
ELEMENTS:
That the offender compels a debtor to work for him, either as household servant or farm laborer.
That it is against the debtor's will.
That the purpose is to require or enforce the payment of a debt.
ARTICLE 275 – ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM
ACTS PUNISHABLE:
By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.
ELEMENTS:
The place is not inhabited;
The accused found there a person wounded or in danger of dying;
The accused can render assistance without detriment to himself;
The accused fails to render assistance.
By failing to help or render assistance to another whom the offender has accidentally wounded or injured.
By failing to deliver a child, under seven years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place.
ARTICLE 276 – ABANDONING A MINOR
ELEMENTS:
That the offender has the custody of a child.
That the child is under seven years of age.
That he abandons such a child.
That he has no intent to kill the child when the latter is abandoned.
ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS
ACTS PUNISHABLE:
1. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities.
2. By neglecting his (offender's) children by not giving them the education which their station in life requires and financial condition permits.
Elements of indifference of parents:
That the offender is a parent.
That he neglects his children by not giving them education.
That his station in life requires such education and his financial condition permits it.
ARTICLE 278 – EXPLOITATION OF MINORS
ACTS PUNISHED:
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.
Employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobats, gymnast, rope-walker, diver, or wild animal tamer, the offender being an acrobat, etc., or circus manager or person engaged in a similar calling.
Employing any descendants under 12 years of age in dangerous exhibitions of acrobats, gymnast, rope-walker, diver, or wild animal tamer, the offender being engaged in any of the said callings.
Delivering a child under 16 years of age gratuitously to any of acrobats, gymnast, rope-walker, diver, wild animal tamer or circus manager or person engaged in a similar calling, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child.
Inducing any child under 16 years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any acrobats, gymnast, rope-walker, diver, wild animal tamer or circus manager or person engaged in a similar calling or to accompany any habitual vagrant or beggar, the offender being any person.
ARTICLE 280 – QUALIFIED TRESPASS TO DWELLING.
ELEMENTS OF TRESPASS TO DWELLING:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.
QUALIFIED TRESPASSING TO DWELLING
If the offense is committed by means of violence or intimidation, the penalty is higher.
NOTE: There is no qualified trespassing.
ARTICLE 281 – OTHER FORMS OF TRESPASSING.
ELEMENTS:
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.
ARTICLE 282 – GRAVE THREATS.
ACTS PUNISHABLE:
1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose.
2. By making such threat without the offender attaining his purpose.
3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition.
Elements of grave threats where offender attained his purpose:
That the offender threatens another person with the infliction upon the latter's person, honor or property, or upon that of the latter's family, of any wrong.
That such wrong amounts to a crime.
That there is a demand for money or that any other condition is imposed, even though not unlawful.
That the offender attains his purpose.
Elements of grave threats not subject to a condition:
That the offender threatens another person with the infliction upon the latter's person, honor, or property, or upon that of the latter's family, of any wrong.
That such wrong amounts to a crime.
That the threat is not subject to a condition.
ARTICLE 283 – LIGHT THREATS
ELEMENTS:
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition is imposed, even though not unlawful;
4. Offender has attained his purpose or, that he has not attained his purpose.
ARTICLE 285 – OTHER LIGHT THREATS
ACTS PUNISHABLE:
1. By threatening another with weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense.
2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat.
3. By orally threatening to do another any harm not constituting a felony.
ARTICLE 286 – GRAVE COERCIONS
ELEMENTS:
1. That a person is prevented by another from doing something not prohibited by law, or compelled to do something against his or her will, be it right or wrong;
2. That the prevention or compulsion is effected by violence, either by material force or such a display of it as would produce intimidation and, consequently, control over the will of the offended party; and
3. That the person who restrains the will and liberty of another has no right to do so.
ARTICLE 287 - LIGHT COERCIONS
ELEMENTS:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation.
4. That the purpose of the offender is to apply the same to the payment of the debt.
ARTICLE 288- OTHER SIMILAR COERCIONS
Acts punished as other similar coercions:
By Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.
By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee.
Elements of No.1:
The offender is any person, agent or officer of any association or corporation.
He or such firm or corporation has employed laborers or employees.
He forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation.
Elements of No. 2:
The offender pays the wages due a laborer or employee employed by him by means of tokens or objects.
Those tokens or objects are other than the legal tender currency of the Philippines.
Such employee or laborer does not expressly request that he be paid by means of tokens or objects.
ARTICLE 289. FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS
ELEMENTS:
That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work.
That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers.
ARTICLE 290 - DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE
ELEMENTS:
That the offender is a private individual or even a public officer not in the exercise of his official function.
The he seizes the papers or letters of another.
That the purpose is to discover the secrets of such another person.
That offender is informed of the contents of the papers or letters seized.
ARTICLE 291- REVEALING SECRETS WITH ABUSE OF OFFICE
ELEMENTS:
That the offender is a manager, employee or servant.
That he learns the secrets of his principal or master in such capacity.
He reveals such secrets.
ARTICLE 292 - REVELATION OF INDUSTRIAL SECRETS
ELEMENTS:
That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment.
That the manufacturing or industrial establishment has a secret of the industry which the offender has learned.
That the offender reveals such secrets.
That prejudice is caused to the owner.
ARTICLE 293 – WHO ARE GUILTY OF ROBBERY
ELEMENTS OF ROBBERY IN GENERAL:
There must be a (a) personal property (b) belonging to another
There be unlawful taking
The taking must be with intent to gain
There is violence against or intimidation of any person OR force upon anything
Classification of Robbery:
Robbery with violence against, or intimidation of persons
Robbery by the use of force upon things
ARTICLE 294 – ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS; PENALTIES
PUNISHABLE ACTS:
When by reason or on occasion of the robbery, Homicide is committed. (Robbery with Homicide)
When the robbery is accompanied by Rape or Intentional Mutilation or Arson. (Robbery with Rape, Robbery with Intentional Mutilation, Robbery with Arson)
When by reason or on occasion of such robbery, any of the Physical Injuries resulting in insanity, imbecility, impotency, or blindness is inflicted.
When by reason or on occasion of robbery, any of the Physical Injuries resulting in the loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm or a leg or the loss of the use of any such member, or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted.
If the Violence or Intimidation employed in the commission of the robbery is carried to a degree clearly Unnecessary for the commission of the crime.
When in the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the Physical Injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for labor for more than 30 days
If the violence employed by the offender does not cause any of the serious physical injury defined in Art. 263, or if the offender employs intimidation only
ARTICLE 295 – ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD, OR ALLEY
Robbery with violence against or intimidation of persons is qualified if any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 are committed:
In an uninhabited place, or
By a band, or
By attacking a moving train, street car, motor vehicle, or airship, or
By entering the passengers' compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or
On a street, road, highway, or alley, and the intimidation is made with the use of firearms, the offender shall be punished by the maximum periods of the proper penalties prescribed in Art. 294.
ARTICLE 298 – EXECUTION OF DEEDS BY MENAS OF VIOLENCE OR INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public instrument or document.
3. That the compulsion is by means of violence or intimidation.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP
ELEMENTS of robbery with force upon things under SUBDIVISION (A):
1. Offender entered
(a) Inhabited House
(b) Public Building
(c) Edifice devoted to Religious Worship
2. That thentrance was effected by any of the following means:
(a) Through an opening not intended for entrance or egress;
(b) By Breaking any wall, roof, or floor, or door or window;
(c) By using False keys, picklocks or similar tools; or
(d) By using any fictitious name or pretending the exercise of public authority.
3. That once inside the building, the offender took personal property belonging to another with intent to gain.
Elements of robbery with force upon things under SUBDIVISION (B) of Art. 299:
1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it.
2. That the offender takes personal property belonging to another, with intent to gain, under any of the following circumstances.
(a) Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or
(b) Taking such furniture or objects away to be broken or forced open outside the place of the robbery.
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
ARTICLE 301 – WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDINGS DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES
Contiguous to the building;
Interior entrance connected therewith;
Form part of the whole.
ARTICLE 302 – ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING
ELEMENTS:
1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship.
2. That any of the following circumstances was present:
a. The entrance was effected through an opening not intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
3. That with intent to gain, the offender took therefrom personal property belonging to another.
ARTICLE 303 – ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING
*no elements*
ARTICLE 304 – POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
ELEMENTS:
1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adopted to the commission of robbery.
3. That the offender does not have lawful cause for such possession.
ARTICLE 305 – FALSE KEYS.
The term "false keys " shall be deemed to include:
The tools mentioned in the next preceding articles;
Genuine keys stolen from the owner;
Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.
ARTICLE 306 – WHO ARE BRIGANDS; PENALTY
There is brigandage when —
1. There are at least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a. To commit robbery in the highway; or
b. To kidnap persons for the purpose of extortion or to obtain ransom; or
c. To attain by means of force and violence any other purpose.
ARTICLE 307 – AIDING AND ABETTING A BAND OF BRIGANDS
ELEMENTS:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. He in any manner aids, abets or protects such band of brigands; or
b. He gives them information of the movements of the police or other peace officers of the Government; or
c. He acquires or receives the property taken by such brigands.
ARTICLE 308 – WHO ARE LIABLE FOR THEFT
The following are liable for theft:
1. Those who with intent to gain, but without violence against or intimidation of persons nor force upon things, take, personal property of another, without the latter’s consent.
2. Those who, (a) having found lost property, (b) fails to deliver the same to the local authorities or to its owner.
3. Those who, (a) after having maliciously damaged the property of another, (b) removed or make use of the fruits or object of the damage caused by them.
4. Those who, (a) enter an enclosed estate or a field where (b) trespass is forbidden or which belongs to another and, without the consent of its owner, (c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products.
ELEMENTS:
1. That there be taking of personal property.
2. The said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.
ARTICLE 308 (para. 3) - HUNTING, FISHING OR GATHERING FRUITS IN AN ENCLOSED ESTATE
ELEMENTS:
That there is an enclosed estate or a field where trespass is forbidden or which belongs to another.
That the offender enters the same.
That the offender hunts, fishes upon the same or gathers fruits, cereals or other forest farm products in the estate or field.
That the hunting or fishing or gathering of products is without the consent of the owner.
ARTICLE 310 – QUALIFIED THEFT
Theft is qualified:
1. If the theft is committed by a domestic servant.
2. If the theft is committed with grave abuse of confidence.
3. If the property stolen is (a) (motor vehicle) (b) mail matter or (c) (large cattle)
4. If the property stolen is a fish taken from a fishpond or fishery.
5. If property taken on the occasion of fire, earthquake, typhoon, volcanic eruption or any other calamity, vehicular accident or civil disturbance.
ELEMENTS:
That there is taking of personal property;
That the said property belongs to another;
That the said taking be done with intent to gain;
That it be dine without the owner's consent;
That it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and
That it be done with grave abuse of confidence.
ARTICLE 311 – THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND MUSEUM
*no elements*
ARTICLE 312 - USURPATION OF REAL RIGHTS IN PROPERTY
ELEMENTS:
That the offender takes possession of any real property OR usurps any real rights in property
That real property or real rights belong to another
That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property.
That there is intent to gain.
PUNISHABLE ACTS:
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.
ARTICLE 313 - ALTERING BOUNDARIES OR LANDMARKS
ELEMENTS:
That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same.
That the offender alters said boundary marks.
ARTICLE 314 – FRAUDULENT OR CULPABLE INSOLVENCY
ELEMENTS:
That the offender is a debtor; that is, he has obligations due and payable;
That he absconds with his property;
That there be prejudice to his creditors.
ARTICLE 315 – ESTAFA
ELEMENTS OF ESTAFA in general:
That the accused defrauded another
(a) by abuse of confidence; or
(b) by means of deceit; and
That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
Through—
(a) With unfaithfulness or abuse of confidence (315 par. 1(a) (b) (c))
(b) Estafa by means of fraudulent acts (315 Par.2(A) (B) (C)(D) (E) ; BP22):
(c) Through other fraudulent means (315 par 3(a) (b) (c) )
Elements of estafa with unfaithfulness: 1. That the offender has an onerous obligation to deliver something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.
Elements of estafa with abuse of confidence under subdivision No. 1, paragraph (b), of Article 315:
1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same;
2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the prejudice of another; and
4. That there is a demand made by the offended party to the offender.
Note: The fourth element is not necessary when there is evidence of misappropriation of the goods by the defendant. (Tubb v. People, et al., 101 Phil. 114)
Elements of estafa by taking undue advantage of the signature in blank.
1. That the paper with the signature of the offended party be in blank.
2. That the offended party should have delivered it to the offender.
3. That above the signature of the offended party a document is written by the offender without authority to do so. 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person.
Elements of estafa by means of deceit:
That there must be a false pretense, fraudulent act or fraudulent means.
That such false pretense or fraudulent act, or d. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud.
That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means.
That as a result thereof, the offended party suffered damage.
Elements of estafa by postdating a check or issuing a check in payment of an obligation:
Elements:
That the offender postdated a check, or issued a check in payment of an obligation;
That such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check.
ang daming estafa may hindi pa ako nalagay hehez 🤧
ARTICLE 316 - OTHER FORMS OF SWINDLING
ang dami rin nito. kaya niyo na yan beh, malaki na kayo.
ARTICLE 317 - SWINDLING A MINOR
ARTICLE 318 - OTHER DECEITS
ARTICLE 319 - REMOVAL, SALE OR PLEDGE OF MORTGAGE PROPERTY
ARTICLE 327 – MALICIOUS MISCHIEF
ELEMENTS:
That the offender deliberately caused damage to the property of another.
That such act does not constitute arson or other crimes involving destruction
That the act of damaging another’s property be committed merely for the sake of damaging it.
ARTICLE 328 – SPECIAL CASES OF MALICIOUS MISCHIEF / OTHER ARTICLES TALKING ABOUT OTHER MISCHIEF OR DAMAGE TO PROPERTY
FOUR SPECIAL CASES / WAYS TO COMMIT:
causing damage to obstruct the performance of public functions
using any poisonous or corrosive substance
Spreading infection or contagion among cattle
causing damage to property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public.
ARTICLE 333 – ADULTERY
That the woman is married (even if marriage subsequently declared void)
That she has sexual intercourse with a man not her husband.
That as regards the man with whom she has sexual intercourses, he must know her to be married.
ARTICLE 334 – CONCUBINAGE
That the man must be married.
That he committed any of the following acts:
Keeping a mistress in the conjugal dwelling.
Having sexual intercourse under scandalous circumstances with a woman who is not his wife.
Cohabiting with her in any other place.
That as regards the woman she must know him to be married.
ARTICLE 336 – ACTS OF LASCIVIOUSNESS
That the offender commits any act of lasciviousness or lewdness.
That it is done under any of the following circumstances:
by using force or intimidation, or
when the offended party is deprived of reason or otherwise unconscious, or
when the offended party is under 12 years of age.
That the offended party is another person of either sex.
ARTICLE 337 - QUALIFIED SEDUCTION OF A VIRGIN
Two classes of qualified seduction:
Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and
Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction)
ELEMENTS:
That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.)
That she must be over 12 and under 18 years of age.
That the offender has sexual intercourse with her.
That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant)
Persons liable:
Those who abuse their authority:
persons in public authority
guardian
teacher
person who, in any capacity, is entrusted with the education or custody of the woman seduced
Those who abused the confidence reposed in them:
priest
house servant
domestic
Those who abused their relationship:
brother who seduced his sister
ascendant who seduced his descendant
ARTICLE 338 - SIMPLE SEDUCTION.
ELEMENTS:
That the offended party is over 12 and under 18 years of age.
That she must be of good reputation, single or widow.
That the offender has sexual intercourse with her.
That it is committed by means of deceit.
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY
ELEMENTS:
that the offender commits acts of lasciviousness or lewdness.
That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age.
that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.
ARTICLE 340 - CORRUPTION OF MINORS
Act punishable:
By promoting or facilitating the prostitution or corruption of persons under age to satisfy the lust of another.
ARTICLE 341 - WHITE SLAVE TRADE
Acts punishable:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the services of women for the purpose of prostitution.
ARTICLE 342 - FORCIBLE ABDUCTION
ELEMENTS:
That the person abducted is any woman, regardless of her age, civil status, or reputation.
That the abduction is against her will.
That the abduction is with lewd designs.
ARTICLE 343 - CONSENTED ABDUCTION
ELEMENTS:
That the offended party must be a virgin.
That she must be over 12 and under 18 years of age.
That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender.
That the taking away of the offended party must be with lewd designs.
ARTICLE 344 - PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS
Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:
offended party
by her parents
grandparents
guardians in the order in which they are named above
Comments
Post a Comment