Classification of Crimes
Classification of Crimes
Classification of Crimes
SSC-R BAR EXAMINATIONS 2003
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OTHER FALSITIES:
Usurpation of authority of official functions- misrepresenting oneself to be an
officer, agent, representative of the government, or who, under false pretense shall
perform any act pertaining to any person in authority of the Government or any
foreign government without being legally entitled to do so.
Using fictitious name and concealing true name
Illegal use of uniforms and insignia
FALSE TESTIMONY
False testimony against a defendant
False testimony favorable to defendant
False testimony in civil cases
False testimony in other cases and perjury in solemn affirmation- (1) Making
untruthful statements under oath or (2) an affidavit, upon any material matter before
a competent person authorized to administer oath
Offering false testimony in evidence
FRAUDS
Machinations in public auctions- soliciting gift in consideration of refraining to take
part in any public auction; or any person who shall cause bidders to stay away from
an auction, with the intent to cause the reduction of the price of the thing auctioned.
Monopolies and combinations in restraint of trade (Art. 186)- (1) contracts in
restraint of trade; (2) monopoly; (3) person who conspires with another manufacturer
for the purpose of making transactions prejudicial to lawful commerce, or of
increasing the market price
Imposition and disposition of falsely marked articles or merchandise made of
gold, silver or other precious metals or their alloys
Substituting and altering trademarks, trade name, or service marks
Unfair competition, fraudulent registration of trademark, tradename, or service
mark, fraudulent designation of origin and false description (superseded by
RA 8293 or the Intellectual Property Code)
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things or objects of a nature different from that provided by law. (Note: this crime
does not apply to BIR or Customs agents because they are allowed to compromise)
Prohibited transactions- appointive public officer who, during his incumbency,
shall directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.
Possession of prohibited interest by a public officer- (1) a public officer
becoming interested in any contract or business in which it was his official capacity
to intervene; (2) also to accountants, experts, arbitrators, and guardians and
executors with respect to the estate or property within their appraisal (accountants)
or with respect to property belonging to their wards or estate (guardians/executors).
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*CRIMES AGAINST PERSONS
Parricide (Art. 246)
Death or physical injuries inflicted under exceptional circumstances
Murder (Art. 248)- the unlawful killing of any person which is neither parricide nor infanticide +
qualifying circustances
Homicide- unlawful killing of a person which is neither parricide, infanticide nor murder
Frustrated parricide, murder or homicide
Death caused in tumultuous affray
Physical injuries inflicted in a tumultuous affray- serious physical injuries inflicted on the victim
during a tumultuous affray but the person(s) responsible cannot be identified
Giving assistance to suicide
Discharge of firearms- unless the facts of the case are such that the act can be held to
constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher
penalty is prescribed by any of the articles of the RPC. (Art. 254)
Infanticide- killing of a child less than 3 years of age
Intentional abortion- (1) using violence against the pregnant woman; (2) without violence, he shall
act, without the consent of the woman; (3) if the woman shall have consented.
Unintentional abortion- cause an abortion by violence but unintentionally
Abortion practiced by the woman herself or by her parents
Abortion practiced by a physician or midwife and dispensing of abortives
Duel- person who shall challenge another or incite or scoff at another publicly for having refused to
accept a challenge to fight a duel.
Challenging to a duel
Mutilation- intentionally mutilate another by depriving him either totally or partially, of some essential
organ of reproduction and any other mutilation
Serious Physical Injuries (Art. 263)
Administering injurious substances or beverages- without intent to kill shall inflict upon another
any serious physical injury, by knowingly administering to him any injurious substances or beverages
or by taking advantage of his weakness of mind or credulity
Less Serious Physical Injuries (Art. 265)
Slight physical injuries and maltreatment (Art. 266)
Rape (RA 8353)
(1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
(a) Through force, threat or intimidation;
(b) When the offended party is deprived of reason or otherwise unconscious;
(c) By means of fraudulent machination or grave abuse of authority; and,
(d) When the offended party is under 12 years of age or is demented even though none
of the circumstances mentioned above are present.
(2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit any act of sexual assault by inserting his penis into another persons mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.
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Unlawful arrest- any person who shall arrest or detain another without reasonable ground therefore
for the purpose of delivering him to the proper authorities.
Kidnapping and failure to return a minor- failure to return custody of a minor
Inducing a minor to abandon his home
SLAVERY AND SERVITUDE
Slavery- imposed upon anyone who shall purchase, sell, kidnap, or detain a person for the
purpose of enslaving him; if to assign the offended party, penalty is in the maximum
Exploitation of child labor- under the pretext of reimbursing himself for payment of a debt
of an ascendant, guardian etc., person who shall retain a minor in his service against the
latters will
Services rendered under compulsion in payment of debt
TRESPASS TO DWELLING
Qualified trespass to dwelling- (1) any person who shall enter the dwelling of another
person against the latters will (note the exception)
Other forms of trespass- any person who shall enter the closed premises or the fenced
estate of another, while either of them is uninhabited, if the prohibition to enter be manifest
and the trespasser has not secured the permission of the owner or the caretaker thereof.
REVELATION OF SECRETS
Discovering secrets through seizure of correspondence- committed by private individual
who seize anothers papers or letters and reveal the contents thereof (note: this crime is not
applicable to persons entrusted with the custody of minors nor to spouses with respect to
the papers or letters of either of them)
Revealing secrets with abuse of office
Revelation of industrial secrets
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*CRIMES AGAINST PROPERTY
ROBBERY
Robbery with violence against or intimidation of persons (Art. 294-298)
RA 7659 for special complex crimes involving robbery
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- penalty is in the maximum period of the
proper penalties
Attempted and frustrated robbery committed under certain circumstances- when a
homicide is committed
*Execution of deeds by means of violence or intimidation (Art. 298)- any person, who
by means of violence or intimidation, shall compel a person to sign, execute, or deliver any
public instrument or document
Robbery by the use of force upon things (Art 299-304)
Robbery in an inhabited house or public building or edifice devoted to worship-
robbers are armed and (1) the malefactors shall enter the house: (a) through an opening not
intended for entrance or egress; (b) by breaking any wall, roof, or floor or breaking any door
or window; (c) by using false keys, picklocks or similar tools; (d) by using any fictitious name
or pretending the exercise of public authority,- - OR IF (2) the robbery be committed under
the following circumstances: (a) by breaking of doors, wardrobes, chests, or any other kind
of locked or sealed furniture or receptacle; (b) by taking such furniture or objects away to be
broken or forced open outside the place of the robbery.
(Note: this can also be committed in one of the dependencies of an inhabited house, public
building, or building dedicated to religious worship)
BRIGANDAGE
Brigandage (Art. 306)- when more than 3 armed persons form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping persons for the purpose of
extortion or to obtain ransom or for any other purpose to be attained by means of force and
violence shall be deemed highway robbers or brigands.
Aiding and abetting a band of brigands
THEFT
Theft- is the taking, with intent to gain, of personal property of another without the latters
consent. NO violence against or intimidation of persons nor force upon things is employed.
It is also committed by the following:
(1) Any person who finds lost property and shall fail to deliver the same to the authorities
(2) Any person who damages the property of another and shall remove or make use of the
fruits or objects thereof
(3) Any person who shall enter the fenced estate or a field where trespass is forbidden or
which belongs to another without the consent of its owner, shall hunt or fish upon the
same or shall gather fruits, cereals, or other forest farm or farm products (Art. 308)
Qualified theft- if:
(1) Committed by a domestic servant
(2) Or with grave abuse of confidence
(3) If the property stolen is a motor vehicle
(4) Mail matter
(5) Or large cattle
(6) Or consists of coconuts taken from the premises of the plantation
(7) Or fish taken from a fishpond or fishery
(8) Or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption or
any other calamity, vehicular accident or civil disturbance
(9) PD 330- theft of timber or illegal cutting of logs from public forests and forest reserves
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Theft of the property of the National Library and National Museum
USURPATION
Occupation of real property or usurpation of real rights in property
Altering boundaries and landmarks
CULPABLE INSOLVENCY
Fraudulent insolvency- any person who shall abscond with his property to the prejudice of
his creditors
CHATTEL MORTGAGE
Removal, sale or pledge of mortgaged property
MALICIOUS MISCHIEF
Malicious mischief- any person who shall deliberately and maliciously cause damage to
the property of another not falling within arson and other crimes involving destruction
Special cases of malicious mischief (Art. 328)
Other mischiefs
Damage and obstruction to means of communication- railway, telegraph or telephone
lines
Destroying or damaging statues, public monuments or paintings
PERSONS EXEMPT (Art. 332) alternative circumstance of relationship in the nature of
an absolutory cause or exempting circumstance in the crimes of theft, swindling, or
malicious mischief
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* CRIMES AGAINST CHASTITY
Adultery- committed by a woman who is married and the man who shall have
sexual intercourse with her knowing her to be married
Concubinage- (1) By keeping a mistress in the conjugal dwelling; (2) By having
sexual intercourse under scandalous circumstances with a woman who is not his wife; (3)
Cohabiting with her in another place (Note: hotel not included) clarence ssc
Qualified Seduction- Woman must be a virgin (but not physical virginity; it only means that the
woman must not have experience before); also she must be over 12 but under 18; there is sexual
intercourse. Who can commit this crime: (1) those who abuse their authority (any person in public
authority, guardian, teacher, or those entrusted with the custody or education of the woman seduced;
(2) those who abuse confidence reposed in them like priests, house servant, or domestic; (3) those
who abuse their relationship like the brother seducing his sister or an ascendant who seduced his
descendant whether or nor she is a virgin
Simple Seduction- the seduction of a woman who is single or a widow of good
reputation, over 12 but under 18 yrs of age, committed by means of deceit
Acts of lasciviousness
Corruption of minors- promote or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another
White slavery- any person who shall engage in the business or shall profit by
prostitution or shall enlist the services of any other for the purpose of prostitution
Forcible Abduction- The abduction of any woman against her will and with lewd
designs
Consented Abduction- abduction of a virgin over 12 and under 18 yrs of age,
carried out with her consent and with lewd designs
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Intriguing against honor- any intrigue which has for its principal purpose to blemish the
honor or reputation of a person
*QUASI-OFFENSES
Imprudence and negligence (Art. 365)
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