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Crimlawii: Midterm Exam Reviewer
Crimlawii: Midterm Exam Reviewer
Article 247. Death or physical 1. That a legally married person or a parent surprises his spouse or his applies only when the daughter is single
injuries inflicted under daughter, the latter under 18 years of age and living with him, in the act of Not applicable: accused did not see his spouse in the act of sexual intercourse
exceptional circumstances. committing sexual intercourse with another person with another person
2. That he or she kills any or both of them or inflicts upon any or both of them any ■ Does not include merely sleeping on the same bed
Penalty: serious physical injury in the act or immediately thereafter. The discovery, the pursuit, and
Death: destierro 3.That he has not promoted or facilitated the prostitution of his wife or the killing must all form part of one continuous act.
Physical Injuries: Exempt daughter, or that he or she has not consented to the infidelilty of the other Justification> burst of passion
spouse. The accused cannot be held liable for injuries sustained by third persons as a
result of being caught in the crossfire
Article 248. Murder 1. A person was killed When more than 1 - others are treated as generic aggravating circumstances
2. Accused killed him Treachery and premeditation are inherent in murder by poison hence, cannot be
Penalty: With RA 9346 - 3.Killing was attended by any of the qualifying circumstances: considered aggravating
reclusion perpetua a.Treachery
b.In consideration of a price, reward, or promise
c. By means of inundation, fire, poison, explosion, shipwreck. Stranding of a
vessel etc
d.On occasion of any calamities
e. With evident premeditation
f. With cruelty
4.Killing is not infanticide or parricide
Article 249. Homicide 1. That a person was killed Intent to kill is presumed. - law looks at material results following the unlawful act.
2. The accused killed him without any justifying circumstance Evidence of intent to kill: impt in attempted or frustrated homicide otw, physical
Penalty: reclusion temporal. 3.That the accused had the intention to kill, which is presumed injuries only
XPN: victim under 12 YO - 4.That the killing was not attended by any of the qualifying circumstances of No crime of frustrated homicide through imprudence
reclusion perpetua [Sec 10, RA murder, or by that of parricide or infanticide wounds were inflicted by two different persons, both liable for homicide
7610] Use of unlicensed firearm: aggravating in Homicide
Accidental homicide - death of a person brought about by a lawful act performed
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with proper care and skill, and without homicidal intent
Article 251. Death caused in a 1. That there be several persons two known groups: not tumultuous affray
tumultuous affray 2. That they did not compose groups organized for a common purpose of Person killed need not be one of the participants
assaulting and attacking each other reciprocally Who is liable?
Penalty: prisión mayor 3.That these several persons quarreled and assaulted one another in a 1. Person or persons who inflicted serious physical injuries
confused and tumultuous manner 2. If not known, all persons who used violence upon the person but with
4.That someone was killed in the course of the affray lesser liability
5.That it cannot be ascertained who actually killed the deceased
6.That the person or persons who inflicted serious physical injuries or who
could use violence can be identified.
Art. 252. Physical injuries 1. That there is tumultuous affray as referred to in the preceding article Only the one who used violence is liable
inflicted in a tumultuous affray. 2. That a participant or some participants thereof suffer serious physical injuries
or physical injuries of a less nature only
Penalty: next lower in degree 3.That the person responsible therefor cannot be identified
than that provided for the 4.That all those who appear to have used violence upon the person of the
physical injuries offended party are known
Art. 255. Infanticide 1. Child was killed Father, mother, or legitimate other ascendant who kills a child less than 3 days old
2. That the deceased child was less than 3 days old is to suffer the penalty for parricide
Penalty: prisión mayor 3.That the accused killed the said child Concealing dishonor - mitigates the crime of infanticide for ONLY the mother or
XPN: Other person kills a child the maternal grandparents who committed the crime; must be of good reputation
less than 3 days: reclusion Stranger cooperating with the mother in killing a child less than 3 days old is
perpetua guilty of infanticide and penalized as it is for murder
Art. 256. Intentional abortion. 1. There is a pregnant woman Abortion - the willful killing of the fetus in the uterus, or the violent expulsion of the
2. Violence is exerted, or drugs or drinks administered, or that the accused fetus from the maternal womb which results to the death of the fetus
otherwise acts upon such pregnant woman
3.As a result of the use of violence or drugs or drinks upon her, or any other act Penalty:
of the accused, the fetus dies, either in the womb or having been expelled reclusion temporal-use any violence upon the person of the pregnant woman.
therefrom prision mayor - without using violence, he shall act without the consent of the
4.Abortion is intended woman.
prision correccional medium and maximum periods - the woman shall have
consented.
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Art. 258. Abortion practiced by 1. That there is a pregnant woman who has suffered abortion Liability of pregnant woman is mitigated if purpose is to conceal dishonor
the woman herself of by her 2. Abortion is intended No mitigation for parents of pregnant woman even if purpose is to conceal honor
parents. 3.Abortion is caused by:
a.Pregnant woman herself
Penalty: prision correccional in b.Other person with her consent
its medium and maximum c. Any of her parents with her consent for the purpose of concealing her
periods dishonour
Note: offender must have the intention to deprive the offended party a part of his
body
Art. 263. Serious physical Serious Physical Injuries How committed? Wounding, beating, assaulting, administering injurious
injuries. 1. Injured person becomes insane, imbecile, impotent, or blind as a result of the substance
injuries inflicted [prision mayor]
2. Injured person Qualified Physical Injuries: law provides for higher penalties
a. Loses speech or hearing or smelling, or loses an eye, a hand, a foot , an Committed against persons committed in the crime of Parricide (Art 246)
arm, or a leg [prision correccional med/max] With the attendance of any of the circumstances mentioned in the crime of murder
b. Loses the use of such member (Art 248)
c. Becomes incapacitatted for the work for which he was habitually engaged
3.Injured person Note: serious physical injuries by excessive chastisement by parents are not
a. Becomes deformed [prisión correccional min/med] qualified
b. Loses any other member of his body
c. Loses the use thereof Attended with those enumerated in Art 248: reclusion temporal
d. Becomes incapacitatted for the work for which he was habitually engaged
for more than 90 days
Art. 264. Administering injurious 1. That the offender inflicted upon another any serious physical injury if he did not know harmful effects, he is not liable
substances or beverages. 2. That it was done by knowingly administering to him any injurious substances “Weakness of the mind or credulity” - witchcraft, philters, magnetism, etc.
or beverages or by taking advantage of his weakness of mind or credulity
3.That he had no intent to kill
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Art. 265. Less serious physical 1. Offended party is incapacitated for labor for more than 10 days but less than Qualified less serious physical injuries
injuries 30 days, or needs medical attention for the same period of time 1. A fine not exceeding 500.00 PHP, in addition to arresto mayor
2. That the physical injuries must not be those described in the preceding a. There is manifest intent to insult or offend the injured person
Penalty: arresto mayor articles b. There are circumstances adding ignominy to the offense
2. Higher penalty is imposed
a. Offender’s parents, ascendants, guardians, curators or teachers; or
b. Persons of rank or persons in authority, provided the crime is not direct assault
Note: slight physical injuries when there is no medical attendance or incapacity
for labor
Art. 266. Slight physical injuries 1. By arresto menor when the offender has inflicted physical injuries which shall 3 kinds of Slight Physical Injuries
and maltreatment incapacitate the offended party for labor from one to nine days, or shall 1. Physical injuries which incapacitated the offended party for labor from 1-9 days,
require medical attendance during the same period.chanrobles virtual law or required medical attendance for the same period
library a. Eg. black eye from a fistic blow
2. By arresto menor or a fine not exceeding 20 pesos and censure when the 2. Physical injuries which did not prevent the offended party from engaging in his
offender has caused physical injuries which do not prevent the offended party habitual work or which did not require medical attendance
from engaging in his habitual work nor require medical 3.Ill-treatment of another by deed without causing any injury
assistance.chanrobles virtual law library a. Eg. Slapping
3.By arresto menor in its minimum period or a fine not exceeding 50 pesos
when the offender shall ill-treat another by deed without causing any injury Note: no evidence of actual injury >> slight physical injuries
Supervening event converting the crime into serious physical injuries after filing of
the information for slight physical injuries can still be the subject of a new charge
without necessarily putting the accused in double jeopardy
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Art. 267. Kidnapping and serious 1. That the offender is a private individual. Essential:
illegal detention 2. That he kidnaps or detains another, or in any other manner deprives the latter 1. Intention to deprive the victim of his liberty for the purpose of extorting ransom
of his liberty. on the part of the accused is
.Penalty: reclusion perpetua 3.That the act of detention or kidnapping must be illegal. 2. Detention or locking up
4.That in the commission of the offense, any of the following circumstances is 3.actual confinement of restriction of the person of the offended party.
present: 4.Less than 3 days = Serious Illegal Detention
a. That the kidnapping or detention lasts for more than 3 days;
b. That it is committed simulating public authority; Purpose is to kill: illegal detention is ABSORBED
c. That any serious physical injuries are inflicted upon the person kidnapped Purpose is to kill + to deprive freedom: Special Complex Crime; regardless of
or detained or threats to kill him are made; or whether the killing was purposely sought or was merely an afterthought
d. That the person kidnapped or detained is a minor, female, or a public
officer, (cited in People vs. Mercado, 131 SCRA 501) Maximum penalty (reclusion perpetua, RA 9346) is imposed when:
1. Purpose is to extort ransom
XPN to 4 a-d: crime is done for the purpose of extorting ransom (Qualifying 2. Victim is killed or dies as a consequence of the detention
Circumstance ) Victim is rapedo
3.Victim subject to torture
*coupled with killing: always with homicide - killing taken in its generic sense
(Homicide) NOTE: NO COMPLEX CRIME OF ILLEGAL DETENTION WITH RAPE
Illegal Detention Arbitrary detention
crime against personal liberty and crime against the fundamental law of
security the State.
Art. 268. Slight illegal detention 1. That the offender is a private individual. Accomplice:
2. That he kidnaps or detains another, or in any other manner deprives him of 1. furnished the place for the perpetration of the crime. (Art. 268, par. 2); His
Penalty: reclusion temporal his liberty. participation is raised to that of a real co-principal.
3.That the act of kidnapping or detention is illegal. 2. an act or acts other than furnishing the place for the perpetration of the crime >
4.That the crime is committed without the attendance of any of the the penalty should be one degree lower than that provided for the crime of slight
circumstances enumerated in Art. 267. illegal detention.
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2. without having attained the purpose intended, and
3.before the institution of criminal proceedings against him, his liability is
mitigated
When the victim is a female, the detention is punished under Art. 267. Voluntary
release is not mitigating under that article.
The last paragraph of Art. 268 applies to slight illegal detention only, not to Art.
267. Arts. 267 and 268 are independent of each other.
Art. 269. Unlawful arrest. 1. That the offender arrests or detains another person. Applies to private/public persons
2. That the purpose of the offender is to deliver him to the proper authorities. Public officer: no authority to arrest and detain a person, or if he did not act in his
Penalty: arresto mayor and a 3.That the arrest or detention is not authorized by law or there is no reasonable official capacity
fine not exceeding 500 pesos ground therefore.
COMPARISONS:
Unlawful Arrest Illegal Detention
Art. 270. Kidnapping and failure 1. That the offender is entrusted with the custody of a minor person (whether Punished: deliberate failure of the custodian of the minor to restore the latter to his
to return a minor. over or under 7 years but less than 21 BUT NOW 18 years of age, RA 6809). parents
2. That he deliberately fails to restore the said minor to his parents or guardians.
Penalty: reclusion perpetua ESSENTIAL ELEMENT:offender is entrusted with the custody of the minor
Parent-offender: arresto mayor Art 270: offender is entrusted with the custody of the minor; Art 267: offender NOT
or 300 PHP fine or both entrusted
Art 270 is necessarily included in Art 267 inasmuch as the necessary elements of
the offense charged form part of the offense proved.
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Art. 124. Arbitrary detention. 1. That the offender is a public officer or employee. private individuals who conspired with public officers in detaining certain
2. That he detains a person. policemen are guilty of arbitrary detention.
Penalty: 3.That the detention is without legal grounds. Public Officers: must be vested with authority to detain or order the detention of
arresto mayor max to prisión persons accused of a crime
correctional: detention < 3 days NO AUTHORITY/ACTING IN PRIVATE CAP.: Illegal Detention
prisión correccional med/max:
>3 days, < 15 days Lawful warrantless arrest: Caught in flagrante delicto (red handed/just committed
prision mayor: > 15 days, < 6 an offense), Escaping prisoners, officer has probable cause
mos
Reclusion temporal: > 6months
Art. 125. Delay in the delivery of 1. That the offender is a public officer or employee. Private Individual:illegal detention
detained persons to the proper 2. That he has detained a person for some legal ground. Does not apply when arrest is lawful
judicial authorities. 3. That he fails to deliver such person to the proper judicial authorities
Act punished: failure to deliver the person arrested to the proper judicial authority
within:
within the period specified therein.
a. twelve (12) hours, for crimes or offenses punishable by light penalties,
Penalty: 10 years and 1 day to 12 Delivery to the proper judicial authority = making an accusation or charge or filing
or their equivalent; or
years imprisonment b. eighteen (18) hours, for crimes or offenses punishable by correctional of an information against the person arrested against the corresponding judge or
penalties, or their equivalent; or court whereby the latter acquires jurisdiction over the person
c. thirty-six (36) hours, for crimes or offenses punishable by afflictive or Reason: prevent abuse
capital penalties, or their equivalent. Art 124: detention illegal from the beginning; Art 125: legal in the beginning
Abduction
Abduction - taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her; Art 342, 343
Art. 342. Forcible abduction 1. That the person abducted is any woman, regardless of her age, civil status, or Taking away may be accomplished by means of deceit first then by means of
reputation. violence and intimidation
Penalty: reclusion temporal 2. That the abduction is against her will. Voluntary 12 YO: forcible abduction, ALWAYS
3.That the abduction is with lewd designs. Nature: the act of the offender is violative of the individual liberty of the abducted,
her honor and reputation, and of public order
Forcible abduction in comparison to grave coercion: no lewd designs, no
deprivation of liberty for an appreciable length of time - grave coercion
Deprivation of liberty, no lewd designs - kidnapping and serious illegal detention
violent taking motivated by lewd designs, crime is forcible abduction (crime
against chastity)
Forcible abduction with rape - ONLY for the first rape, succeeding acts of rape are
to be construed separately
ABSORBED in consummated RAPE, if RAPE is purpose
ATTEMPTED RAPE is absorbed here
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Art. 343. Consented abduction 1. That the offended party must be a virgin. contemplates that the accused be an active physical agency instrumental in
2. That she must be over 12 and under 18 years of age. causing the female to leave or abandon her house.
Penalty: prision correccional in 3.That the taking away of the offended party must be with her consent, after Purpose of this law: not for the girl as she consents thereto but but to prescribe
its minimum and medium solicitation or cajolery from the offender. punishment for the disgrace to her family and the alarm caused therein by the
periods 4.That the taking away of the offended party must be with lewd designs. disappearance of the one who is, by her age and sex, susceptible to cajolery and
deceit.
no solicitation or cajolery and no deceit and the girl voluntarily went with the man:
no crime committed even if they had sexual intercourse
Art. 282. Grave threats I. Elements whereoffender attained his purpose: The threat must be to inflict a wrong amounting to a crime upon the person, honor,
1. That the offender threatens another person with the infliction upon the or property of the offended party or that of his family
latter's person, honor or property, or upon that of the latter's family,
of any wrong Art 282, Paragraph 1 - demand for money
2. That such wrong amounts to a crime.
3.That there is a demand for money or that any other condition is Qualifying circumstance: MAXIMUM PERIOD PENALTY
imposed, even though not unlawful. Made in writing
4.That the offender attains his purpose Through a middle man
Penalty: next lower in degree than that prescribed by law for the crime be Eg. Paera - separate criminal liabilities
threatened to commit (purpose attained) Consummated once victim knows about the threat
Penalty: lower by two degrees shall be imposed (purpose not attained)
Essential Element: Intimidation
II. Elementsnot subject to a condition:
1. That the offender threatens another person with the infliction upon the Act threatened to be done MUST be WRONG
latter's person, honor, or property, or upon that of the latter's family,
of any wrong. If there is another crime actually committed or the objective of the offender
2. That such wrong amounts to a crime. is another crime, and the threat is only a means to commit it or a mere
3.That the threat is not subject to a condition incident in its commission, the threat is absorbed by the other crime.
Penalty: arresto mayor and a fine not exceeding 500 pesos if the threat was made with the deliberate purpose of creating in the
mind of the person threatened, the belief that the threat would be carried
III. Third form of grave threats must be serious and deliberate into effect, the crime committed is grave threats, and the minor crime which
1. Made with the deliberate purpose of creating in the mind of the person accompanied it should be disregarded
threatened the belief that the threats will be carried into effect
2. Threat should not be made in the heat of anger (Art 285, Par 2, RPC) The offender of grave threats does not demand the delivery on the spot of the
3.No condition imposed or no demand for money money or other personal property asked by him
Art. 283. Light threats 1. That the offender makes a threat to commit a wrong. Act threatened: not a crime
2. That the wrong does not constitute a crime.
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Penalty: arresto mayor 3.That there is a demand for money or that other condition is Requires that there be a demand for money or that other condition be imposed
imposed, even though not unlawful. May amount to Blackmailing
4.That the offender has attained his purpose or, that he has not attained Blackmailing - the unlawful extortion of money by an appeal to the fear of the
his purpose. victim, or by threats of accusation or exposure
Art. 284. Bond for good behavior Applicable only to cases of grave threats and light threats
If offender fails to give bail, he shall be sentenced to destierro
Note that this is an additional penalty
Art. 285. Other light threats Forms of other light threats: No demand for money
1. By threatening another with a weapon, or by drawing such weapon in a No condition imposed when the offender threatens another with a weapon
Penalty: arresto menor in its quarrel, unless it be in lawful self-defense. Case does not fall in subdivision 2 of Art 282
minimum period or a fine not 2. By orally threatening another, in the heat of anger, with some harm (not)
exceeding 200 pesos. constituting a crime, without persisting in the idea involved in his threat.
Note: The word "not" in this paragraph is enclosed in parenthesis, because the
inclusion of that word in paragraph 2 of Art. 285 is a mistake.
3.By orally threatening to do another any harm not constituting a felony
Art. 286. Grave coercions 1. That a person prevented another from doing something not prohibited by Coercion by preventing
law, or that he compelled him to do something against his will, be it thing prevented from execution must not be prohibited by law; otherwise there will
Penalty: arresto mayor and a right or wrong; be no coercion
fine not exceeding 500 pesos 2. That the prevention or compulsion be effected by violence, threats or force must be made at the time the offended party was doing or about to do the
intimidation; and act to be prevented. If the act was already done when violence is exerted, the
3.That the person that restrained the will and liberty of another had not the crime is unjust vexation.
authority of law or the right to do so, or, in other words, that the restraint
shall not be made under authority of law or in the exercise of any the person coercing must have restrained his victim from doing something, not
lawful right. prohibited by law, at the time he wanted to do it. The coercing person must
have exerted violence on his victim at the very moment that the latter is doing or
PURPOSE: to enforce the principle that no person may take the law into is about to do something he wants to do
his hands, and that our government is one of law, not one of men
A person who takes the law into his hands with violence, is guilty of grave Coercion by compelling
coercion consummated even if the offender failed to accomplish his purpose.
Intimidation is intended to control the will of the offended party
Violence is employed to seize anything belonging to the debtor of the offender --
crime is light coercion
Force or violence must be immediate, actual, or imminent
The person who restrains the will and liberty of another has not the right to
do so as a private person or does not act in the exercise of a duty in the
case of a person with a duty to perform or with authority as a public
function
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Art. 287. Light coercions. seize anything belonging to his debtor for the purpose of applying the same to the
payment of the debt, shall suffer the penalty
Penalty: arresto mayor in its
minimum period and a fine
equivalent to the value of the
thing, but in no case less than
75 pesos
Art. 156. Delivering prisoners 1. That there is a person confined in a jail or penal establishment. Prisoners may be under detention only; A prisoner is criminally
from jail. 2. That the offender removes therefrom such person, or helps the escape of such liable for leaving the penal institution only when there is evasion of the
a person. service of his sentence, which can be committed only by a convict by final
Penalty: arresto mayor max - judgment.
prisión correccional min Hospital or asylum considered extension of jail or prison.
Qualifying: Violence, intimidation or bribery
Generic: receiving or agreeing to receive a bribe as a consideration for
committing the offense
Liable as Accessory if crime of escapee is: treason, murder, or parricide
Art. 157. Evasion of service of 1. That the offender is a convict by final judgment. Detention prisoners and minor delinquents who escape from confinement are not
sentence 2. That he is serving his sentence which consists in deprivation of liberty. liable for evasion of service of sentence.
3.That he evades the service of his sentence by escaping during the term of his Escape - unlawful departure of prisoner from the limits of his custody
Penalty: Destierro sentence.
Art. 158. Evasion of service of 1. That the offender is a convict by final judgment, who is confined in a penal only a convict by final judgment can "evade the service of his sentence."
sentence on the occasion of institution. refers to those convicts who, having evaded the service
disorders, conflagrations, 2. That there is disorder, resulting from — of their sentences by leaving the penal institution, give themselves up within
earthquakes, or other a. Conflagration, two days.
calamities. b. Earthquake, What is punished: failure of convict to give himself up to the authorities within 48
c. Explosion, hours after the proclamation announcing the passing away of the calamity
d. similar catastrophe, or Mutiny - organized unlawful resistance to a superior officer; a revolt
e. mutiny in which he has not participated.
3.That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutiny.
4.That the offender fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive announcing
the passing away of such calamity.
Art. 223. Conniving with or 1. That the offender is a public officer. Indispensable elements:
consenting to evasion 1. Connivance - agreement between the p[risoner and public officer
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2. That he had in his custody or charge, a prisoner, either detention prisoner or 2. Escape
prisoner by final judgment. Prisoners involved: fugitive sentenced by final judgment; detention prisoner
3.That such prisoner escaped from his custody.
4.That he was in connivance with the prisoner in the latter's escape. (U.S. vs.
Bandino, 29 Phil. 459)
Art. 224. Evasion through 1. That the offender is a public officer. Prisoner includes detention prisoner
negligence 2. That he is charged with the conveyance or custody of a prisoner, either positive carelessness that is short of deliberate non-performance of his duties as
Penalty: final judgment, detention prisoner or prisoner by final judgment. guard that is the gravamen of the crime of infidelity under Art. 224.
destierro 3.That such prisoner escapes through his negligence.
Detention prisoner: no criminal
liability
Art. 225. Escape of prisoner 1. That the offender is a private person. not applicable if a private person was the one who made the arrest and he
under the custody of a person 2. That the conveyance or custody of a prisoner or person under arrest is consented to the escape of the person he arrested.
not a public officer. confided to him.
3.That the prisoner or person under arrest escapes.
4.That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence.
Art. 128. Violation of domicile. 1. That the offender is a public officer or employee. no search warrant.
2. That he is not authorized by judicial order to enter the dwelling and/or to The entrance by the public officer or employee must be against the will of the
Penalty: prisión correccional in make a search therein for papers or other effects. owner of the dwelling, which presupposes opposition or prohibition by said
minimum owner, whether express or implied.
Acts punished: Only without consent: crime not committed
1. By entering any dwelling against the will of the owner thereof; or No amount of incriminating evidence, whatever its source, will supply the place of
2. By searching papers or other effects found therein without the previous search warrant. (McLurg vs. Brenton, 123 Iowa, 368)
consent of such owner; or Silence of owner: implied waiver
3.By refusing to leave the premises, after having surreptitiously entered said What is punished: refusal of the offender to leave the premises when required to
dwelling and after having been required to leave the same. do so
Qualifying: nighttime, papers/effects not evidence not returned immediately
Art. 280. Qualified trespass to 1. That the offender is a private person. Qualifying: committed by violence or intimidation (may take place after entrance)
dwelling (any building 2. That he enters the dwelling of another. the entrance by the accused should be against the presumed or express
exclusively devoted for rest and 3. That such entrance is against the latter's will prohibition of the occupant, and the lack of permission should not be confused
comfort) with prohibition
whoever enters the dwelling of another at late hour of the night after the inmates
have retired and closed their doors does so against their will. Under these
circumstances an express prohibition is not necessary, as it is presumed.
There is qualified trespass as long as there is violence or intimidation
employed, notwithstanding the fact that the door of the house was already
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open and there was no express prohibition to the entry
Art. 281. Other forms of trespass 1. That the offender enters the closed premises or the fenced estate of another. Premises - defined locality
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
Trespass to dwelling Other forms of trespass
4.That the trespasser has not secured the permission of the owner or the
caretaker thereof. Private person Any person
Art. 320. Destructive arson. contemplates the malicious burning of structures, both public and private, hotels,
buildings, edifices, trains, vessels, aircraft, factories and other military,
government or commercial establishments by any person or group of persons
The nature of Destructive Arson is distinguished from Simple Arson by the degree
of perversity or viciousness of the criminal offender.
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exclusively owned by
the offender.
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Two or more persons or by a group of persons, regardless of whether their The nature of Destructive Arson is distinguished from Simple Arson by the degree
purpose is merely to burn or destroy the building or the burning merely of perversity or viciousness of the criminal offender.
constitutes an overt act in the commission of another violation of law.
Art. 327. Malicious Mischief 1. Offender deliberately caused damage to the property of another;
2. Such act does not constitute arson or other crimes involving destruction; and
3. Act of damaging another’s property be committed merely for the sake of
damaging it.
Art. 328. Special cases of Punishable acts under this article The cases of malicious mischief under this article is also called qualified
malicious mischief 1. Causing damage to obstruct the performance of public functions; malicious mischief
2. Using any poisonous or corrosive substance;
3. Spreading any infections among cattle; and
4. Causing damage to the property of the National Museum or National Library,
or to any archive or registry, waterworks, road, promenade, or any other thing
used in common by the public.
Art. 329. Other Mischiefs Basis of penalty under this Article: The value of the damage caused
Other mischiefs not included in Art. 328
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appropriating, 2. He had the custody or control of funds or property by reason of the duties of 1. Appropriating public funds or property;
misappropriating or permitting his office; 2. Taking or misappropriating the same;
any other person to take public 3. Those funds or property were public funds or property for which he was 3. Consenting, or through abandonment or negligence, permitting any other
funds or property accountable; and person to take such public funds or property; and
4. He appropriated, took, misappropriated or consented, or through 4. Being otherwise guilty of the misappropriation or malversation of such funds or
abandonment negligence, permitted another person to take them. property.
Accountable Officer: one who has custody or control of public funds or property NOTE: The nature of the duties of the public officer and not the name of the office
by reason of the duties of his office controls (People v. Reyes, SB Case No. 26892, August 15, 2006).
It is not necessary that the offender actually misappropriated the funds. It is All that is necessary for conviction is proof that the accountable officer had
enough that he has violated the trust reposed on him in connection with the received the public funds and failed to account the said funds upon demand
property. without offering a justifiable explanation for shortage
Art. 220. Illegal use of property 1. Offender is a public officer; public officer applies public funds under his administration not for his or another’s
Technical Malversation 2. There is public fund or property under his administration; personal use, but to a public use other than that for which the fund was
3. Such public fund or property has been appropriated by law or ordinance; and appropriated by law or ordinance.
4. He applies the same to a public use other than that for which such fund or
property has been appropriated by law or ordinance. How Technical Malversation is committed
Instead of applying it to the public purpose for which the fund or property was
Criminal intent not an element already appropriated by law, the public officer applied it to another purpose.
Art. 222. OFFICERS INCLUDED IN Private individuals who may be liable under Art.217-221 The word administrator used does not include judicial administrator appointed to
THE PRECEDING PROVISIONS 1. Private individual who in any capacity whatsoever, have charge of any administer the estate of a deceased person because he is not in charge of any
national, provincial or municipal funds, revenue or property; property attached, impounded or placed in deposit by public authority.
2. Administrator, depository of funds or property attached, seized or deposited Conversion of effects in his trust makes him liable for estafa.
by public authority even if such property belongs to a private individual;
3. Those who acted in conspiracy in malversation; and
4. Accomplice and accessories to malversation.
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person or using force upon Intent to gain: presumed
anything. NOTE: Robberies committed in different houses constitute separate crimes of
robbery. But if the robberies are committed upon different victims on the same Occurrence of violence and intimidation
occasion and in the same place only one robbery is committed as the robberies GR: Violence or intimidation must be present before the taking of personal
are mere incidents of a single criminal intent. property is complete.
XPN: But when violence results in homicide, rape intentional mutilation or any of
Robbery with Homicide the serious physical injuries penalized under pars. 1 and 2 of Art 263, the taking of
1. The taking of personal property with violence or intimidation against persons; the personal property is robbery complexed with any of those crimes under Art.
2. The property taken belongs to another; 294, even if the taking was already complete when the violence was used by the
3. The taking was done with animo lucrandi; and offender.
4. On the occasion of the robbery or by reason thereof, homicide was committed
(People v. Baccay, 284 SCRA 296; People v. Mantung, G.R. No. 130372, July 20,
1999).
NOTE: Homicide as used in paragraph (1) of Article 294 is to be understood in
its generic sense as to include parricide and murder REGARDLESS of number of
deaths
Rape was committed by reason or on the occasion of a robbery and not the
other way around. the additional rape is not considered as an aggravating
circumstance in the crime of robbery and rape.
Art. 297. ATTEMPTED AND It applies when homicide is committed on the occasion of an attempted or
FRUSTRATED ROBBERY frustrated robbery
COMMITTED UNDER CERTAIN
CIRCUMSTANCES The clause “unless the homicide committed shall deserve a higher penalty under
the provisions of this code” may be illustrated thus: In an attempted or frustrated
robbery, the killing of the victim is qualified by treachery or relationship. The
proper penalty for murder or parricide shall be imposed because it is more severe.
Art. 299. ROBBERY IN AN robbery with force upon things If no entry was effected, even though force may have been employed in the taking
INHABITED HOUSE OR PUBLIC 1. Offender entered an inhabited house, or public building, or edifice devoted to of the property from within the premises, the crime will only be theft.
BUILDING OR EDIFICE DEVOTED religious Worship;
TO WORSHIP 2. Entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
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b. By breaking any wall, roof, or floor or breaking any 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.
The whole body of the culprit must be inside the building to constitute
entering.
3. Once inside the building, the offender took personal property belonging to
another with intent to gain.
Elements of the 2nd kind of robbery with force upon things under Art. 299
1. Offender is inside a dwelling house, public building or edifice devoted to
religious worship, regardless of circumstances under which he entered it; and
2. Offender takes personal property belonging to another, with intent to gain,
under any of the following circumstances:
a. By the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle, or door. Door refers only to “doors, lids or
opening sheets” of furniture or other portable receptacles, not to inside doors
of a house or building.
b. By taking such furniture or objects away to be broken or forced open outside
the place of the robbery.
NOTE: The crime committed would be estafa or theft, if the locked or sealed
receptacle is forced open in the building where it is kept and not taken away to
be broken outside
Art. 300. ROBBERY IN AN Robbery with force upon things (Art. 299), in order to be qualified, must be
UNINHABITED PLACE committed in an uninhabited place and by a band (Art. 300) while robbery with
AND BY A BAND violence against or intimidation of persons must be committed in an uninhabited
place or by a band (Art. 295).
Art. 301.
Art. 302. ROBBERY IN AN 1. Offender entered an uninhabited place or a building which was not a
UNINHABITED PLACE OR IN A dwelling house, not a public building, or not an edifice devoted to religious
PRIVATE BUILDING worship;
2. Any of the following circumstances was present:
a. Entrance was effected through an opening not intended for entrance or
egress
NOTE: If the entrance was made through the door which was open, or closed
but unlocked, and not through the window, the person who took personal
property from the house with intent to gain is guilty only of theft and not robbery.
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Where an opening created by the accidental bumping of a vehicle in the store’s
wall was made the entrance of the malefactor, the taking of the personal
property inside the store is robbery and not theft because the hole is not
intended for entrance or egress.
b. Wall, roof, floor, or outside door or window was broken Like Robbery in an
inhabited house, the breaking should be made in order to effect the entrance
into the place. So if the wall, roof, floor etc. was broken in the course of
escaping, the act committed is not Robbery.
c. Entrance was effected through the use of false keys, picklocks or other similar
tools
d. Door, wardrobe, chest, or any sealed or closed furniture or receptacle was
broken
e. Closed or sealed receptacle was removed, even if the same be broken open
elsewhere Under letters d and e, the robber did not enter through a window or
effected entrance by breaking the floor, door, wall, etc., otherwise these
circumstances by themselves already make the act as that of robbery. In these
2 cases, the robbers entered through the door, and once inside, broke
wardrobe, sealed or close receptacles etc., or took away closed or sealed
receptacle to be broken elsewhere.
3. With intent to gain, the offender took therefrom personal property belonging
to another.
Art. 303. ROBBERY OF CEREALS, applies when the robbery was committed by the use of force upon things, Place: must be a building which is not an inhabited house or public building or
FRUITS, OR FIREWOOD IN AN without violence against or intimidation of any person in a inhabited house, edifice to religious worship.
UNINHABITED PLACE OR public building, or edifice devoted to religious worship (Art. 299) or in an
PRIVATE BUILDING uninhabited place or private building (Art. 302).
Art. 304. POSSESSION OF 1. Offender has in his possession picklocks or similar tools;
PICKLOCKS OR SIMILAR TOOLS 2. Such picklocks or similar tools are specially adapted to the commission of
robbery; and
3. Offender does not have lawful cause for such possession.
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property of another without the 5. Taking is accomplished without the use of violence against or intimidation of
latter’s consent. persons of force upon things (Baltazar v. People, G.R. No.164545, November 20,
2006).
Art. 296. ROBBERY COMMITTED A member of the band is liable for any of the assaults committed by the other Special Aggravating: If any unlicensed firearm is used, the penalty imposed upon
BY A BAND members thereof, when the following requisites concur: all the malefactors shall be the maximum of the corresponding penalty provided
a. That he was a member of the band by law, without prejudice to the criminal liability for illegal possession of such
b. That he was present at the commission of a robbery by that band firearms
c. That the other members of the band committed an assault
d. That he did not attempt to prevent the assault
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Art. 315. SWINDLING (ESTAFA) Elements of estafa in general Robbery-Theft-Estafa
1. Accused defrauded another by abuse of confidence or by means of deceit –
This covers the three different ways of committing estafa under Art. 315, thus:
a. With unfaithfulness or abuse of confidence;
b. By means of false pretenses or fraudulent acts; or
c. Through fraudulent means
2. Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person.
Illustration: When the accused deceived the complainants into believing that
there were indeed jobs waiting for them in Taiwan, and the latter sold their
carabaos, mortgaged or sold their parcels of land and even contracted loan to
raise the P40,000.00 placement fee required of them by the accused, the
assurances given by the latter made the complainants part with whatever
resources they had, clearly establishing deceit and damage which constitute
the elements of estafa under PD 115 (Trust Receipts Law):
a. The failure of the entrustee to turn over the proceeds of the sale of the goods,
documents, or instruments covered by a trust receipt, to the extent of the
amount owing to the entruster, or as appearing in the trust receipt; or
b. The failure to return said goods, documents, or instruments if they were not
sold or disposed of in accordance with the terms of the trust receipt.
Elements of estafa with unfaithfulness or abuse of confidence under Art. 315 (1)
1. Under paragraph (a):
a. Offender has an onerous obligation to deliver something of value;
b. He alters its substance, quantity, or quality; and
c. Damage or prejudice is caused to another.
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RA 10883 ANTI-CARNAPPING
LAW 1. That there is an actual taking of the vehicle;
2. That the vehicle belongs to a person other than the offender himself;
the taking, with intent to gain, of 3. That the taking is without the consent of the owner thereof; or that the taking
a motor vehicle belonging to was committed by means of violence against or intimidation of persons, or by
another without the latter’s using force upon things; and
consent, or by means of
4. That the offender intends to gain from the taking of the vehicle
violence against or intimidation
of persons, or by using force
upon things
Art. 318. Other Deceits 1. Defrauding or damaging another by any other deceit not mentioned in the Deceits in this article include false pretenses and fraudulent acts.
preceding articles; and
2. Interpreting dreams, making forecasts, telling fortunes, or taking advantage
of the credulity of the public in any other similar manner, for profit or gain.
Art. 332. PERSONS EXEMPT Crimes involved in this Article 1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
FROM CRIMINAL LIABILITY 1. Theft; 2. The widowed spouse with respect to the property which belonged to the
IN CRIMES AGAINST PROPERTY 2. Swindling (estafa); and deceased spouse before the same passed into the possession of another; and
3. Malicious mischief. 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption does not apply to strangers participating in the commission of the
If any of the crimes is complexed with another crime, such as Estafa thru offense.
Falsification, Art. 332 is not applicable. Reason: presumed co-ownership of the property
Art. 168. ILLEGAL POSSESSION 1. That any treasury or bank note or certificate or other obligation and security NOTE: But a person in possession of falsified document and who makes use of the
AND USE OF FALSE TREASURY payable to bearer, or any instrument payable to order or other document of same is presumed to be the material author of falsification.
OR BANK NOTES AND OTHER credit not payable to bearer is forged or falsified by another person;
INSTRUMENTS OF CREDIT 2. That the offender knows that any of the said instruments is forged or falsified;
3. That he either used or possessed with intent to use any of such forged or
falsified instruments.
Art. 171. FALSIFICATION BY 1. That the offender is a public officer, employee, or notary public; Persons liable under Art. 171
PUBLIC OFFICER, EMPLOYEE OR 1. Public officer, employees, or notary public who takes advantage of official
NOTARY OR ECCLESSIASTICAL 2. That he takes advantage of his official position: position;
MINISTER a. He has the duty to make or prepare or to otherwise intervene in the 2. Ecclesiastical minister if the act of falsification may affect the civil status of
preparation of the document; or persons; or
b. He has the official custody of the document which he falsifies; and 3. Private individual, if in conspiracy with public officer
NOTE: The Spanish text of Art. 171 is “fingiendo” or feigning (for imitation). In
feigning, there is no original signature, handwriting or rubric, but a forgery of a
signature, handwriting or rubric that does not exist.
NOTE: There is a law requiring the disclosure of truth of the facts narrated
iii. The facts narrated by the offender are absolutely false; and
NOTE: The perversion of truth in the narration of facts must be made with
the wrongful intent of injuring a third person.
iv. The untruthful narration must be such as to affect the integrity of the
document or to change the effects which it would otherwise produce.
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There is falsification under this paragraph only when the date mentioned in the
document is essential. The alteration of the date in a document must affect
either the veracity of the document of the effects thereof.
Art. 172. FALSIFICATION BY Falsification of public official or commercial document by a private individual. Good faith is a defense if a private individual falsified a public document
PRIVATE INDIVIDUALS AND Document need not be an authentic official paper
USE OF FALSIFIED DOCUMENTS a. Offender is a private individual or public officer or employee who did not take
advantage of his official position;
b. He committed any act of falsification; and
c. The falsification is committed in a public, official, or commercial document or
letter of exchange.
Under this par., damage is not essential. It is presumed.
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a. Offender committed any of the acts of falsification except Art. 171 (7), that is,
issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a
statement contrary to, or different from that of the genuine original;
b. Falsification was committed in any private document; and
c. Falsification caused damage to a third party or at least the falsification was
committed with intent to cause such damage.
Mere falsification of private document is not enough, two things are required:
a. He must have counterfeited the false document.
b. He must have performed an independent act which operates to the prejudice
of a third person
NOTE: The user of the falsified document is deemed the author of the
falsification if: (1) the use was so closely connected in time with the falsification,
and (2) the user had the capacity of falsifying the document
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Art. 177. USURPATION OF 1. Usurpation of Authority – by knowingly and falsely representing oneself to be
AUTHORITY OR OFFICIAL an officer, agent or representative of any department or agency of the
FUNCTIONS Philippine Government or any foreign government.
NOTE: It is essential that the offender should have performed an act pertaining
to a person in authority or public officer, in addition to other requirement
Art. 181. FALSE TESTIMONY 1. A person gives false testimony; Intent to favor the accused. False testimony in favor of a defendant need not
FAVORABLE TO THE DEFENDANT 2. In favor of the defendant; and directly influence the decision of acquittal and it need not benefit the defendant
3. In a Criminal case.
NOTE: Conviction or acquittal of defendant in principal case is not necessary
Art. 182. FALSE TESTIMONY IN 1. Testimony must be given in a civil case; The basis of the penalty is the amount involved in the controversy
CIVIL CASES 2. It must relate to the issues presented in said case;
3. It must be false;
4. It must be given by the defendant knowing the same to be false; and
5. It must be malicious and given with an intent to affect the issues presented in
said case.
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Art. 183. FALSE TESTIMONY IN 1. Accused made a statement under oath or executed an affidavit upon a
OTHER CASES AND PERJURY IN material matter
SOLEMN AFFIRMATION 2. Statement or affidavit was made before a competent officer, authorized to
receive and administer oath;
Perjury 3. In that statement or affidavit, the accused made a willful and deliberate
willful and corrupt assertion of assertion of a falsehood (BAR 1996); and
falsehood under oath or 4. Sworn statement or affidavit containing the falsity is required by law
affirmation administered
by authority of law on a material
matter.
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