LAST MINUTE TIPS

Criminal Law
Supervised by: Atty. Ramon Esguerra

Lasallian Commission on Bar Operations 2021

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CRIMINAL LAW 1
Q: What are the sources of criminal law? defined in Title One of Book Two. (Art. 2,
A: The sources of criminal law are the following: RPC)
• the Revised Penal Code;
• Special Law which amend or apply to the 6. Extraterritorial application of RA No. 9262 or
RPC; Anti-Violence Against Women and Children -
• Special Penal Laws; even if the alleged extra-marital affair
• Penal Provisions in Non-Penal Laws (e.g. causing the offended wife mental and
NIRC); and emotional anguish is committed abroad, the
• Local Ordinances same does not place a prosecution under
R.A. No. 9262 absolutely beyond the reach
Q: What is the Pro Reo Principle? of Philippine courts. (AAA v BBB)
The Doctrine of Pro Reo provides that for instances
wherein a penal law is susceptible to two c. Principle of prospectivity wherein it provides that
interpretations, one of which is exculpatory and the a penal law cannot make an act punishable in a
other inculpatory, the former interpretation which is manner in which it was not punishable when
more favorable to the accused shall be adopted. committed.

Q: What is mens rea? Exceptions:

Mens rea is a guilty or wrongful purpose or criminal 1. when the accused is a habitual delinquent;
intent and is essential for criminal liability. 2. when the law provides.

Q: What are the general principles of criminal law? Q: What is proximate cause?
a. The principle of generality which provides that Proximate cause is the civil law principle which
criminal law shall be binding on all persons who underpins Article 4(1), RPC and makes one liable for
live or sojourn in Philippine territory whether all the natural and continuous results of his act if the
citizens or not. same produces a sequence that is unbroken by any
efficient intervening cause.
b. The principle of territoriality provides that penal
laws shall only be enforceable within the Q: What are the instances when a person’s wrongful
Philippine Territory. (See Art. 2, RPC) act is different from that which he intended?
According to Article 4, RPC, there is still criminal liability
Exceptions: for a person who commits a felony which is different from
1. Offense committed while on a Philippine ship that which he intended to commit. It is required, however,
or airship that the wrong done is an intentional felony and that the
wrong done is the direct, natural and logical consequence
2. Forging or counterfeiting any coin or of the felony committed.
currency note of the Philippines or
obligations and securities issued by the I. Error in personae – mistake in the identity of the
Government. victim. There is only one offended party but the
offender committed a mistake in ascertaining the
3. Introduction into the country of the above- identity of the victim. ………………………………….
mentioned obligations and securities.
Penalty imposed: penalty for the lesser crime in
4. While being public officers or employees its maximum period [Art. 49, RPC]
should commit an offense in the exercise of
their functions. II. Aberratio Ictus – mistake in the blow where the
offender intends the injury on one person but the
5. Should commit any of the crimes against harm fell on another. There are three persons
national security and the law of nations present: the offender, the intended victim, and the
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actual victim. The act may result in a complex crime special law has adopted the scheme or scale of
or in two or more separate felonies depending on penalties under the Revised Penal Code.
whether the resulting felonies are grave, less grave
or light. ………………………………………………... Lack of criminal intent is a valid defense in mala in se
except when the crime results from criminal
Penalty imposed: penalty for the graver offense in negligence. Such defense is not available in cases of
its maximum period [Art. 48, RPC] mala prohibita.

III. Praeter intentionem – occurs when the injury is on Q: Give examples of crimes which have no frustrated
the intended victim but the resulting consequence stage.
is so grave a wrong than what is intended. It is a 1. Rape. Since the gravamen of the offense is
mitigating circumstance under Article 13, RPC carnal knowledge, no matter how slight the
unless the acts performed by the accused are penetration, the felony is consummated. (People
sufficient to bring out the graver offense in which vs. Campuhan, 2000). Slightest penetration of the
case there is no recourse to praeter intentionem. female organ is enough to consummate the rape.
(People v. Orita)
Q: Is there an impossible crime of unfunded checks?
Yes, if the check is unfunded, stealing the check and 2. Robbery/Theft. The unlawful taking immediately
presenting it for payment with the bank constitute consummates the offense and the disposition of
impossible crime. It is factually impossible to the thing is not an element thereof. (Valenzuela
accomplish the crime of qualified theft since the check vs. People, 2007).
is unfunded (Jacinto vs. People, G.R. No. 162540,
July 13, 2009) 3. Physical injury. Since it cannot be determined
whether the injury will be slight, less serious, or
Q: Differentiate mala in se and mala prohibita. serious until consummated.
In concept, crimes mala in se are those where the acts
or omissions penalized are intently bad, evil, or wrong 4. Adultery. Because the essence of the crime is
that they are almost universally condemned. Crimes sexual ingress.
mala prohibita are those where the acts penalized are
not inherently bad, evil, or wrong but prohibited by law Q: Why is Self-Defense considered as a justifying
for public good, public welfare, or interest and whoever circumstance?
violate the prohibition are penalized. Self defense is considered a justifying circumstance
because it is man’s natural instinct to protect, repel,
In legal implications, in crimes mala in se, good faith and save his person or rights from impending danger
or lack of criminal intent or negligence is a defense, or peril. It is based on necessity and that impulse of
while in crimes mala prohibita, good faith or lack of self-preservation born to man and part of his nature
criminal intent or malice is not a defense; it is enough as a human being (Castanares v. CA).
that the prohibition was voluntarily violated. Also,
criminal liability is generally incurred in crimes mala in Q: Distinguish between justifying and exempting
se even when the crime is only attempted or frustrated, circumstances in criminal law.
while in crimes mala prohibita, criminal liability is Justifying circumstance affects the act, not the actor;
generally incurred only when the crime is while exempting circumstance affects the actor, not
consummated. the act. In justifying circumstance, no criminal and,
generally, no civil liability is incurred; while in
Further, in crimes mala in se, mitigating and exempting circumstance, civil liability is generally
aggravating circumstances are appreciated in incurred although there is no criminal liability.
imposing the penalties, while in crimes mala prohibita,
such circumstances are not appreciated unless the
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Q: Do mere threats constitute unlawful aggression? Q: Who are the relatives that can be defended?
Mere threats do not amount to unlawful aggression a. Spouses;
unless coupled with act that will make good the b. Ascendants;
offense. (People v. CA & Tangan) c. Defendants;
d. Legitimate, natural, or adopted brother or sisters;
Q: A chanced upon three men who were attacking B e. Relative by affinity within the same degree;
with fist blows. C, one of the men, was about to stab f. Relative by consanguinity within fourth civil
B with a knife. Not knowing that B was actually the degree.
aggressor because he had earlier challenged the
three men to a fight, A shot C as the latter was about Q: Pedro is married to Tessie. Juan is the first cousin
to stab B. May A invoke the defense of a stranger as of Tessie. While in the market, Pedro saw a man
a justifying circumstance in his favor? Why? stabbing Juan. Seeing the attack on Juan, Pedro
picked up a spade nearby and hit the attacker on his
YES A may invoke the justifying circumstance of head which caused the latter’s death. Can Pedro be
defense of stranger since he was not involved in the absolved of the killing on the ground that it is in
fight and he shot C when the latter was about to stab defense of a relative? Explain.
B. There being no indication that A was induced by NO. The relatives of the accused for purpose of
revenge, resentment or any other evil motive in defense of relative under Art. 11(20) of the Revised
shooting C, his act is justified under par. 3, Art. 11 of Penal Code are his spouse, ascendants, descendants,
the RPC. or legitimate, natural or adopted brothers or sisters or
of his relatives by affinity in the same degrees, and
Q: What is the consequence when not all the those by consanguinity within the fourth civil degree.
requisites for self-defense are present? Relative by affinity within the same degree includes
The accused cannot avail of self-defense as a ascendant, descendant, brother or sister of the spouse
justifying circumstance. However, he can be entitled to of the accused. In this case, Juan is not the ascendant,
either of the following as long as unlawful descendant, brother or sister of Tessie, the spouse of
aggression is present: Pedro. Relative by consanguinity within the fourth civil
• Ordinary mitigating circumstance - at least degree includes first cousin. But in this case, Juan is
one requisite, which is unlawful aggression, is the cousin of Pedro by affinity but not by
present; if not offset, has the effect of imposing consanguinity. Juan, therefore, is not a relative of
the penalty in the minimum period; Pedro for purpose of applying the provision on defense
of relative.
• Privileged mitigating circumstance - at
least two requisites, one is unlawful Pedro, however, can invoke defense of a stranger.
aggression is present, are present; has the Under the Revised Penal Code, a person who defends
effect of imposing the penalty by 1 or 2 a person who is not his relative may invoke the
degrees lower than that provided by law (Art. defense of a stranger provided that all its elements
69, RPC) exist, to wit: (a) unlawful aggression; (b) reasonable
necessity of the means employed to prevent or repel
Q: When is provocation considered sufficient? the attack; and (c) the person defending be not
Provocation is deemed sufficient if it is adequate to stir induced by revenge, resentment, or other evil motive.
the aggressor to its commission by taking into account
the time when and the place where the provocation Q: Differentiate State of Necessity and Accident.
was given or the social standing of the person Under the State of Necessity (Par. 4, Art. 11) the
provoked. Provocation shall likewise be deemed offender deliberately caused the damage while under
sufficient if a person challenges a person into a fight accident (Par. 4, Art. 12) the offender accidentally
and when one hurls invectives to another. caused the damage.
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Q: Who are covered by the exempting circumstance Q: Difference between Irresistible force and
of minority? uncontrollable fear.

1. A child fifteen (15) years of age or under at the time

of the commission of the offense, he shall be UNCONTROLLABLE
IRRESISTIBLE FORCE
exempt from criminal liability; and FEAR
2. A child above fifteen (15) years of age but below
eighteen (18) years of age shall likewise be exempt A third person uses A third person employs
from criminal liability and be subject to intervention violence or physical intimidation or threat to
program; except when he has acted with force to compel the compel the person
discernment. (Sec. 6, RA 9344) person invoking invoking Uncontrollable
3. If the crime committed is mendicancy, sniffing Irresistible Force to Fear to commit a crime.
rugby and prostitution, even if the child acted with commit a crime.
discernment. The child incurs no criminal liability.
*Article 68, paragraph 2 - privileged mitigating Must have been made to May be generated by a
circumstance of minority; penalty 1 degree lower operate directly upon the threatened act directed to
person of the accused. a third (3rd) person.

Q: What is the minimum age of criminal

responsibility? The injury feared may be The evil feared must be
A child fifteen (15) years of age or under at the time of of a lesser degree than greater or at least equal to
the commission of the offense shall be exempt from the damage caused by the damage caused to
criminal liability. A child is deemed to be fifteen (15) the accused. avoid it.
years of age on the day of the fifteenth anniversary of
his/her birthdate. However, the child shall be subjected
to an intervention program pursuant to Section 20 of Q: What are considered as privileged mitigating
the Juvenile Justice and Welfare Act. circumstances?
1. When the offender is a person over 15 years of
A child above fifteen (15) years but below eighteen age and under 18 years of age who acted with
(18) years of age shall likewise be exempt from discernment under Article 68 of the Revised
criminal liability and be subjected to an intervention Penal Code, the penalty will be one degree lower
program, unless he/she has acted with discernment, in than that prescribed by the law
which case, such child shall be subjected to the
appropriate proceedings in accordance with the 2. In incomplete justifying or exempting
Juvenile Justice and Welfare Act. circumstances where majority of the elements or
conditions are present under Article 69 of the
Revised Code, the penalty will be one or two
degrees lower than that prescribed by law

3. When there are two or more mitigating

circumstances and no aggravating circumstances
under Article 64(5) of the Revised Penal Code,
the penalty next lower to that prescribed by law
shall be imposed. (special mitigating
circumstance)
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4. Concealment of dishonor of mother or maternal Q: Explain the rules on intoxication as a special

grandparents in infanticide under Article 255 of circumstance.
the Revised Penal Code
1. It is mitigating:
5. Voluntary release of kidnapped victim within three a. When it is not habitual;
days from the commencement of the detention, b. When it is not subsequent to the plan to commit
a felony (People v. Camano, 1982); or
without having attained the purpose intended,
c. At the time of the commission of the crime, the
and before the institution of criminal proceedings
accused has taken such quantity of alcoholic
in Slight illegal detention under article 268 of the
drinks as to blur his reason and deprive him of
Revised Penal Code.
certain degree of control (Art. 15, RPC)
2. It is aggravating:
6. Abandonment of guilty spouse in adultery under
a. When it is habitual; (People v. Camano, 1982)
Article 333 of the Revised Penal Code.
b. When it is intentional (People v. Camano, 1982);
Q: In order that the plea of guilty may be mitigating, c. When it is subsequent to the plan to commit a
felony; (Art. 15, RPC)
what requisites must be complied with?
For plea of guilty to be mitigating, the requisites are:
Q: When is relationship considered as an exempting
1. That the accused spontaneously pleaded guilty to
circumstance?
the crime charged;
Where the crime committed is theft, swindling or
2. That such plea was made before the court
malicious mischief committed by:
competent to try the case and render judgment;
1. Spouses, ascendants and descendants, or
and
relatives by affinity in the same line
3. That such plea was made prior to the
2. The widowed spouse with respect to the property
presentation of evidence for the prosecution.
which belonged to the deceased spouse before
the same shall have passed into the possession
Q: When is surrender by an accused considered
of another; and
voluntary, and constitutive of the mitigating
circumstance of voluntary surrender? 3. Brothers and sisters and brothers-in-law and
A surrender by an offender is considered voluntary sisters-in-law, if living together.
when it is spontaneous, indicative of an intent to
Note: Where the crime committed is theft, swindling or
submit unconditionally to the authorities. To be
malicious mischief BUT complexed with another crime,
mitigating, the surrender must be:
relationship cannot be considered an exempting
1. Spontaneous, i.e., indicative of acknowledgment
circumstance. But it may be considered as a mitigating
of guilt and not for convenience nor conditional;
circumstance.
2. Made before the government incurs expenses,
time and effort in tracking down the offender's
whereabouts; and The absolutory cause under Article 332 of the Revised
3. Made to a person in authority or the letter's Penal Code only applies to the felonies of theft, swindling
agents. and malicious mischief. However, the coverage of Article
332 is strictly limited to the felonies mentioned therein. It
Q: When is treachery committed? does not apply where any of the crimes mentioned under
Article 332 is complexed with another crime, such as theft
There is treachery when the offender commits any of
through falsification or estafa through falsification. (Vda.
the crimes against the person, employing means,
De Carungcong v. People, 2010).
methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without
risk to himself arising from the defense which the
offended party might make.
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Q: Difference between privileged mitigating Q: What is successive service of sentence?

circumstance and ordinary mitigating circumstance. When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of the
penalties so permit. Otherwise, the order of their
severity shall be followed.
ORDINARY MITIGATING PRIVILEGED MITIGATING
Q: What happens if an accused dies during the
pendency of a criminal case?
a. The death of the accused during the pendency of
Can be offset by any Cannot be offset by any
a case, even during the appeal will extinguish
aggravating circumstance aggravating circumstance
criminal liability.
b. However civil liability can be enforced against the
estate of the accused based on other sources of
obligations like a quasi-delict.
Results in the benefit of Results in the benefit of
lowering the imposable lowering the imposable
penalty to the minimum penalty, whether divisible or
period if there is no indivisible, by one or more
aggravating circumstance. degrees.

They are not considered Always considered whether

when what is prescribed is the imposable penalty is
a single indivisible penalty divisible or indivisible

Q: State the rules on service of sentence in case the

accused is sentenced to suffer more than two
penalties that involve deprivation of liberty
(sentences are served simultaneously if the law
permits it but deprivation of liberty is not served
simultaneously)
If the offender is penalized with multiple deprivation of
liberties, it is served successively, subject to three-fold
rule (not exceed 3 times the most severe penalty but
not exceeding 40 years) serve successively in the
order of severity (most severe first).

Q: When would qualifying circumstances be deemed,

if at all, elements of a crime?
A qualifying circumstance would be deemed an
element of a crime when:
1. It changes the nature of the crime, bringing about
a more serious crime and heavier penalty;
2. It is essential to the crime involved, otherwise
some other crime is committed; and
3. It is specifically alleged in the information and
proven during trial.
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CRIMINAL LAW 2: CRIMES AGAINST PERSONS

Q: Differentiate rape by sexual intercourse and rape by sexual assault under Art. 266-A, RPC.

Rape by Sexual intercourse Rape by sexual assault

Offender By a man By any person

Offended party Against a woman Against any person

Commission of By having carnal knowledge of a By committing any of the following acts:

offense woman under any of the following a. Inserting his penis into another person’s
circumstances: mouth or anal orifice
a. Through force, threat, or b. Inserting any instrument or object into
intimidation; the genital or anal orifice of another
b. When the offended party is person.
deprived of reason or
otherwise unconscious; Under any of the following circumstances:
c. By means of fraudulent a. Through force, threat, or intimidation;
machination or grave abuse b. When the offended party is deprived of
of authority; and reason or otherwise unconscious;
d. When the offended party c. By means of fraudulent machination or
under 12 years of age or is grave abuse of authority; and
demented, even though none d. When the offended party under 12
of the circumstances years of age or is demented, even
mentioned above be present. though none of the circumstances
mentioned above be present.

Q: How is the age of a woman determined for Q: When does the touching by the offender’s penis of
purposes of par. (d) of Art. 266 (when the woman is the victim’s private part amount to consummated
under 12 years of age or demented)? rape, attempted rape, and acts of lasciviousness?
In determining whether a person is twelve (12) years The penis must have touched the labias or slid into the
of age under par. (d), the interpretation should be in female organ, and not merely stroked the external
accordance with either the chronological age of the surface thereof, to be convicted of consummated rape.
child if he or she is not suffering from intellectual The labias are beneath the mons pubis or the vaginal
disability, or the mental age if intellectual disability is surface. To touch them with the penis is to attain some
established (People v. Quintos) degree of penetration beneath the surface, hence, the
conclusion that touching the labia majora or the labia
Q: A, a male, takes B another male, to a motel and minora constitutes consummated rape.
there, through threat and intimidation, succeeds in
inserting his penis into the anus of B. What, if any, is Thus, a grazing of the surface of the female organ or
A’s criminal liability? (2002 Bar) touching the mons pubis is not sufficient to constitute
A is criminally liable for rape by sexual assault. Rape consummated rape. Absent any showing of the
by sexual assault is committed by any person who slightest penetration of the female organ, i.e., touching
inserts his penis into another person's mouth or anal of either labia by the penis, there can be no
orifice, or any instrument or object, into the genital or consummated rape; at most, it can only be attempted
anal orifice of another person (Article 266-A, rape, if not acts of lasciviousness. When the "touching"
paragraph 2. Revised Penal Code). of the vagina by the penis is coupled with the intent to
penetrate, attempted rape is committed; otherwise, the
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crime committed is merely acts of lasciviousness

(People v. Pareja). The slightest penetration of the
organ of the victim consummates the rape.

There is no crime of frustrated rape.

Q: Explain the effect of the subsequent valid marriage

between the offender and the offended party in the
crime of rape.
The subsequent valid marriage between the offender
and the offended party in the crime of rape shall
extinguish the criminal action or the penalty imposed
(Article 266-C, Revised Penal Code). This is assuming
there is only one accused who raped the victim
because if rape has been committed by 2 or more
persons, the marriage of one accused to the victim will
not extinguish the rapes committed by the other
accused.

Q: Explain the effect of the subsequent forgiveness

by the wife as the offended party of the husband as
the offender in the crime of rape.
The subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action or
the penalty, in case it is the legal husband who is the
offender in the crime of rape (Article 266-C, Revised
Penal Code).

Q: When is pardon applicable in the crime of rape?

Marriage extinguishes the penal action only as to the
principal. Pardon is not applicable to accomplices,
accessories and multiple rapes; while marriage with
one defendant extinguishes criminal liability, it cannot
be extended to acts committed by others.

Q: When are the crimes rape by sexual assault in

relation to Sec. 5(b), RA 7610 and acts of
lasciviousness in relation to Sec. 5(b), RA 7610
committed?
The classification of the crime committed varies
depending on the acts committed and the age of the
victim. (please see table on the next page)
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Acts committed

Age of victim Acts of Sexual assault Sexual Rape by Rape by sexual assault
Lasciviousness committed Intercourse Sexual
committed against against committed intercourse
CEPOSA CEPOSA against
CEPOSA

Under 12 Acts of Sexual assault Rape under Rape under Sexual assault under the
years old or Lasciviousness under the RPC the RPC the RPC RPC in relation to Sec.
demented under the RPC in in relation to 5(b) of R.A 7610
relation to Sec. 5(b) Sec. 5(b) of
of R.A 7610 R.A 7610

12 years old or Lascivious conduct Lascivious Sexual abuse Rape under Lascivious conduct under
below 18, or under Sec. 5(b) of conduct under under Sec. Article 266-A Sec. 5)b) of R.A 7610
18 but unable R.A 7610 Sec. 5 (b) of 5(b) of R.A (1) in relation
R.A 7610 7610 to Article
266-B of the
RPC

18 years old N/A N/A N/A Rape under Sexual assault under the
and above the RPC RPC

(CEPOSA - child exploited in prostitution or subject to other sexual abuse)

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Q: A, the husband saw B, his wife having sexual

intercourse with her paramour. An hour after the
discovery, he killed his wife. Can he invoke article 247
of the revised penal code to absolve himself from
criminal liability?
Yes, he should be entitled to the absolutory clause.
This may be availed of if the killing of the offending
spouse is the proximate result of the outrage
overwhelming the accused. In this case, there are no
other external factors that would have impelled the
offended spouse in killing his wife, other than the same
feeling had he chanced upon the spouse and
paramour committing sexual intercourse. (People vs
Abarca)

Q: Can a person be made liable for the injuries he

inflicted upon another despite the lack of evidence
regarding the actual nature of injury nor period of
incapacity of the victim?
Yes, the person can be made liable for slight physical
injuries. If there is no evidence regarding actual injury
or where the deceased died of other causes and there
is no evidence as to how many days the deceased
lived after injury, the crime is slight physical injuries as
the wounds inflicted by the accused could not have
caused death. (People vs. Amarao)

The crime is also slight physical injuries if there is no

proof as to the period of the offended party’s incapacity
for labor or of the required medical attendance.
(People vs. Aranchado)

Q: What is the gravity of physical injuries committed

if there is no evidence as to the duration of the
victim’s incapacity, or medical attendance given to
the victim?
In the absence of evidence as to the duration of the
offended party’s incapacity for labor or medical
attendance, the crime is only slight physical injuries
(People v. Arranchado)
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CRIMINAL LAW 2: CRIMES AGAINST PROPERTY
Q: What are the elements of robbery in general? B. That damage or prejudice capable of
The elements of robbery in general are: pecuniary estimation is caused to the
1. The unlawful taking of personal property offended party or third person. This may
belonging to another consist of any of the following:
2. The unlawful taking is done with intent to gain i. Deprivation of money or property as a
3. There is either: result of defraudation
a. Violence against or intimidation of any ii. Disturbance in property rights
person iii. Temporary prejudice
b. Force upon things
Q: What are the 3 ways of committing estafa with
Q: What is the effect when both violence or abuse of confidence?
intimidation and force upon things are present in the Estafa with abuse of confidence is committed in 3
commission of the crime of robbery? ways:
The crime committed is robbery with violence against 1. Misappropriation of the thing received
or intimidation of persons, even if the robbery was 2. Conversion of the thing received
committed after the offender effected entry through a 3. Denial that the thing was received
window or by breaking a door or wall.
Misappropriation is the act of taking something for
Q: Explain how the special complex crime of robbery one’s own benefit; while conversion is the act of using
with homicide is committed. or disposing of another’s property as if it were one’s
The special complex crime of robbery with homicide is own or devoting it to a purpose of use different from
committed if the primary and ultimate objective of the that agreed upon.
offender was to rob, and if the killing was merely
incidental or was done by reason or on occasion of the Q: Distinguish estafa with abuse of confidence and
robbery (People v. Salazar). Homicide is to be theft or robbery.
understood in its generic sense as to include parricide
and murder.
Estafa with Theft or Robbery
abuse of
However, homicide may precede or occur after the
confidence
robbery. What is essential is that there be a direct and
intimate relation or connection between the robbery
Acquisition The offender The offender
and killing, provided that the taking is not merely an
of property receives the thing unlawfully takes
afterthought
from the offended the thing without
party with the the owner’s
Otherwise, robbery and homicide shall be treated as
obligation to consent.
separate offenses.
deliver or to return
the same.
If the primordial purpose of the accused is to kill the
victim and he took the personal property of the victim, Nature of Juridical Material or
it will be the crime of murder or homicide, as the case possession possession physical
may be AND, theft. possession
Q: What are the elements of estafa in general?
The elements of estafa in general are:

A. That the accused defrauded another either

through the following modes:
i. With abuse of confidence, or
ii. By means of deceit;
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Q: Differentiate estafa under Art. 315 (2) (d), RPC and B.P. Blg. 22.

Estafa under Art. 315 (2) (d), RPC Estafa under B.P. Blg. 22

The act constituting the offense is postdating or Punishes the making or drawing of any check that
issuing a check in payment of an obligation when is subsequently dishonored whether issued in
the offender has no funds in the bank or his funds payment of an obligation or to merely guarantee
deposited therein were not sufficient. an obligation.

Crime against property. Crime against public interest.

Deceit is essential. Deceit is not essential.

Damage is required. Damage is not required.

Drawer is given 3 days to make arrangements of Drawer is given 5 banking days to make
payment after receipt of notice of dishonor. arrangements of payment after receipt of notice
of dishonor.

Payment extinguishes criminal liability if made Payment does not extinguish criminal liability but
before the filing of the complaint or information. it can be considered as a mitigating
circumstance.
If payment is made after the filing of the complaint
or information, only the civil liability is extinguished.

Prescriptive period starts upon the dishonor of the Prescriptive period starts upon the discovery of
check. the crime by the offended party, the authorities or
their agents.

● If the check was issued at the time the accused received the money from the victim and the check eventually
bounced, the accused may be prosecuted for estafa under Art 315 (2) (d) and violation of BP 22; if there is pre-
existing obligation at the time the check was issued, there is no estafa but only a violation of BP 22.

● The estafa under 315 2 (D) if the amount of damage is more than 8.8M pesos is punishable by reclusion perpetua.
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Q: A, B, C and D all armed, robbed a bank and when the element which produces the felony in its
they were about to get out of the bank, policemen consummated stage. The offender must take
came and ordered them to surrender but they fired on possession of the property. Without unlawful taking as
the police officers who fired back and shot it out with an act of execution, the offense could only be
them. Suppose a bank employee was killed and the attempted theft. The issue of whether the offender had
bullet which killed him came from the firearm of the the chance to dispose of the same is immaterial
police officers, with what crime shall you charge A, B, (Valenzuela v. People).
C and D? (1998, 2004, 2018 Bar)
A, B, C and D should be charged with the crime of Q: What is the crime committed where both death and
robbery with homicide because the death of the bank burning occur?
employee was brought about by the acts of the 1. If the main objective is the burning of the building
offenders on the occasion of robbery. They shot it out or edifice but death results by reason of or on
with the policeman, thereby causing such death by occasion of the burning, the crime committed is
reason or on the occasion of robbery; Hence, the arson; the resulting homicide is absorbed.
composite crime of robbery with homicide. 2. If the main objective is to kill a particular person
who may be in the building or edifice and fire is
Q: A killed B after an altercation. Before A left the resorted to as the means to accomplish the killing,
victim B, A saw B’s wallet and decided to take it. Is A the crime committed is murder.
guilty of robbery with homicide? 3. If the main objective is to kill a particular person
No, A should be liable for the separate crimes of and the offender has already done so, but fire is
homicide and theft. The original criminal design of the resorted to as a means to cover up the killing, 2
offender must be to rob, and the killing was separate crimes of homicide or murder as the
perpetrated with a view to the consummation of case may be and arson are committed.
Robbery. Where the offender’s intention to take
personal property of the victim arises as an Q: Is it correct to charge the accused of the crime of
afterthought, where his original intent was to kill, he is malicious mischief if the destruction of the property
guilty of two separate crimes of homicide or murder, as constitutes arson?
the case may be, and theft. No, the crime that should be charged is arson instead
of malicious mischief. The requisites of malicious
Q: When is the crime of robbery by band committed? mischief are the following:
When more than three armed malefactors take part in 1. That the offender deliberately caused damage
the commission of a robbery, it shall be deemed to to the property of another;
have been committed by a band. (Article 296, Revised 2. That such act does not constitute arson or other
penal code) crimes involving destruction;
3. That the act of damaging another’s property be
Q: Can a finder of a lost property who appropriates it committed merely for the sake of damaging it.
for himself be prosecuted for theft?
Yes. A person shall be criminally liable for the crime of Hence, it must be proven that the destruction was
theft if he finds lost property and appropriates the done other than the means used in arson and
same in his favor and if he did not do his legal destruction (Taguinsod vs People)
obligation to deliver the same to the local authorities or
to its owner (Art. 308, par. 2 (1), RPC; Fernando Pante Q: Can brothers and sisters in law who are living
v. People). together be prosecuted for the crimes of theft,
swindling, or malicious mischief?
Q: Can there be a crime of theft in the frustrated No, they are only liable for civil liability. Article 332 of
stage? the revised penal code provides that brothers and
No, there is no crime of frustrated theft. Theft can sisters in law who are living together are not liable for
either be attempted or consummated. Unlawful taking, criminal liability for said crimes but only for civil liability.
which is the deprivation of one’s personal property, is
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Note however that this exemption does not cover

strangers that participated in the commission of the
offense.

Q: Is the absolutory cause provided under article 332

of the revised penal code applicable in the complex
crime of estafa through falsification of public
documents?
No, the absolutory cause no longer applies if the crime
of estafa is complexed with another crime. Under
Article 332 of the Revised Penal Code, the State
waives its right to hold the offender criminally liable for
the simple crimes of theft, swindling and malicious
mischief and considers the violation of the juridical
right to property committed by the offender against
certain family members as a private matter and
therefore subject only to civil liability. The waiver does
not apply when the violation of the right to property is
achieved through (and therefore inseparably
intertwined with) a breach of the public interest in the
integrity and presumed authenticity of public
documents. For, in the latter instance, what is involved
is no longer simply the property right of a family
relation but a paramount public interest. (De
Carungcong vs People)
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CRIMINAL LAW 2: CRIMES AGAINST LIBERTY
Q: What is the crime committed where the person
Q: Differentiate grave coercion from serious illegal kidnapped is killed in the course of the detention?
detention Where the person kidnapped is killed in the course of
the detention, the special complex crime of kidnapping
with murder or homicide, as the case may be, is
Grave Coercion Serious illegal
committed regardless of whether the killing was
detention
purposely sought or was merely an afterthought
(People v. Ramos).
Is committed by Is committed with the
preventing a person main intention of
However, if the primary and ultimate purpose of the
from doing something depriving the victim of
offender is to kill the victim, the incidental deprivation
not prohibited by law, or his liberty.
of the victim’s liberty does not constitute kidnapping,
compelling him to do
but is merely a preparatory act to the killing and is
something against his
therefore absorbed by the killing of the victim (People
will through violence,
v. Delim).
threats or intimidation.
Q: Distinguish illegal detention from arbitrary
Q: What are the elements of the crime of kidnapping detention
and serious illegal detention?
The elements of the crime of kidnapping and serious
Illegal Arbitrary
illegal detention are:
detention detention
1. The offender is a private individual or a public
officer who has no duty under the law to detain a
Classification Crime against Crime against
person.
liberty the fundamental
2. The offender kidnaps, detains, or deprives
laws of the state
another person of his liberty.
3. Detention or kidnapping is illegal
Offender Private Public officer or
4. Any of the 4 circumstances are present: individual or employee with a
a. Kidnapping lasts for more than 3 days public legal duty to
b. Serious physical injuries are inflicted officer/employee detain a person
upon the person kidnapped or detained;
who has no
threats to kill him are made
legal duty to
c. The person kidnapped or detained is a detain a person
minor, female, or public officer.
Commission By kidnapping, By detaining a
However, if the crime was committed without the of offense detaining, or person without a
attendance of any of the 4 circumstances, the crime of depriving a legal ground
slight illegal detention was committed. person of liberty
Q: Is the placing of the victim in an enclosure
necessary in the crime of kidnapping?
No, it is not necessary that the victim be placed in an Q: Is payment of ransom necessary for the
enclosure, as long as he is deprived in any manner of prosecution of the crime of Kidnapping with ransom?
his liberty. It suffices that there be actual or manifest If the kidnapping or serious illegal detention is for the
restraint on the person or liberty of the victim (People purpose of extorting ransom, the fact that ransom has
v. Cortez). It also suffices that the victim had freedom not been paid will not exonerate the accused. It is
of locomotion but not the freedom to leave it at will, to kidnapping with ransom for as long as there is a
be deprived of liberty (People v. Acosta). demand for ransom even if the ransom has not been
paid.
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Q: What is the liability of the person furnishing the Q: What are the elements of the crime of unlawful
place in the commission of the crime of illegal arrest?
detention? The elements of the crime of unlawful arrest are:
The person who furnishes the place where the 1. The offender is either a private individual or a
offended party was held captive is criminally liable as public officer not authorized to arrest or not
a principal, and not as an accomplice. acting in his official capacity
2. The offender arrests or detains another person
Q: Is the voluntary release of the offended party a 3. The purpose of the offender is to deliver the
privileged mitigating circumstance for both slight offended person to the proper authorities
illegal detention and serious illegal detention? 4. The arrest or detention is not authorized by law
No, the voluntary release of the offended party within and there is no reasonable ground therefor.
3 days from the start of the illegal detention, is a
privileged mitigating circumstance for only slight illegal
detention.

Q: Distinguish unlawful arrest from arbitrary detention and delay in delivery of detained persons.

Unlawful arrest Arbitrary detention Delay in delivery of

detained persons

Classification under Crime against liberty Crime against the fundamental law of the state
the RPC

Offender Any person Public officer

Purpose Delivery of person to Merely to detain the Delivery of person to

the proper authorities person the proper authorities
and the filing of a case and the filing of a case

Cause for detention Detention is made without legal ground Detention is made with
a legal ground

Commission of Making an arrest not Detaining a person Failing to deliver such

offense authorized by law without legal ground, person to the proper
although the offender is judicial authority within
authorized to make a certain period
arrests
 LAST MINUTE TIPS
CRIMINAL LAW 2: CRIMES AGAINST PUBLIC INTEREST

Q: Distinguish forgery from falsification.

Forgery refers to the falsification or counterfeiting of In this case, since B did not sign the Joint
treasury or bank notes or any instruments payable to Acknowledgment before it was notarized, he cannot be
bearer or order; while falsification is the commission of considered as having attested and subscribed to its
any of the 8 acts mentioned in Article 171, RPC on due execution at the time of its notarization. Thus,
legislative, public or official, commercial or private when X certified that the persons who attested and
documents or wireless or telegraph messages. subscribed to the document were present before him,
there could have been no falsity. It was not petitioner
Q: How is the complex crime of Estafa through who made it appear that B participated in the execution
falsification of a public document committed? of the Joint Acknowledgment, but B himself. Petitioner,
To be convicted of the complex crime of Estafa therefore, must be acquitted (Constantino v. People).
through Falsification of Public Document, all the
elements of the two crimes of Estafa and Falsification SPECIAL PENAL LAWS
of Public Document must exist. [Ansaldo v. People, Q: When would the Indeterminate Sentence Law
G.R. No. 159381, March 26, 2010] The following are (ISLaw) be inapplicable?
the elements of the crime of Falsification of a Public The ISLaw is not applicable to:
Document penalized under Article 172 of the RPC: 1. Those persons convicted of offenses
1. That the offender is a private individual or a punished with death penalty or life-
public officer or employee who took imprisonment or reclusion perpetua;
advantage of his official position; 2. Those convicted of treason, conspiracy or
2. That he committed any of the acts of proposal to commit treason;
falsification enumerated in Article 171 of the 3. Those convicted of misprision of treason,
RPC and rebellion, sedition or espionage;
3. That the falsification was committed in a 4. Those convicted of piracy;
public or official or commercial document. 5. Those who are habitual delinquents;
6. Those who shall have escaped from
Q: A Joint Acknowledgment identifies A, B, and C as confinement or evaded sentence;
attesting witnesses. However, X, the notary public, 7. Those who having been granted conditional
notarized the same without B’s signature. B only pardon by the Chief Executive shall have
signed the Joint Acknowledgment after it was violated the terms thereof;
notarized by X. X was charged with the crime of 8. Those whose maximum term of
Falsification of Public Document. Is X guilty of the imprisonment does not exceed one year;
crime? 9. Those already sentenced by final judgment at
No. The due execution of a notarized will is proven the time of the approval of this Act; and
through the validity of its attestation clause. The 10. Those whose sentence imposes penalties
prosecution must prove that either the testator could which do not involve imprisonment, like
not have authored the instrument, or the instrumental destierro.
witnesses had no capacity to attest to the due
execution of the will. This requires that the notary
public must have falsified or simulated the signatures
appearing on the attestation clause.
 LAST MINUTE TIPS

AGE OF VICTIM
Under 12 years old or 12 years old or below 18, 18 years old and
demented or 18 but unable above
CRIME

Acts of Lasciviousness Acts of Lasciviousness Lascivious conduct under N/A

committed against CEPOSA under the RPC in relation Sec. 5(b) of RA 7610
to Sec. 5(b) of RA 7610

Sexual assault committed Sexual assault under the Lascivious conduct under N/A
agaisnt CEPOSA RPC in relation to Sec. Section 5(b) of RA 7610
5(b) of RA 7610

Sexual intercourse committed Rape under the RPC Sexual abuse under Sec. N/A
against CEPOSA 5(b) of RA 7610

Rape by carnal knowledge Rape under the RPC Rape under Art. 266-A(1) in Rape under the
relation to Srt. 266-B of the RPC
RPC

Rape by Sexual assault Sexual assault under the Lascivious conduct under Sexual assault
RPC in relation to Sec. Sec. 5(b) of RA 7610 under the RPC
5(b) of RA 7610
(People vs. Tulagan)
promise. Just after one week, he started drinking
Q: While serving his sentence, Macky entered the again. Talia once more endured the usual verbal
prohibited area and had a pot session with Ivy (Joy’s abuse. Afraid that he might beat her up again, Talia
sister). Is Macky entitled to an indeterminate sentence stabbed Dion with a kitchen knife while he was
in case he is found passed out from imbibing too much alcohol. Talia was
guilty of use of prohibited substances? Explain your charged with the crime of parricide.
answer. a. May Talia invoke the defense of Battered
NO. Macky is not entitled to the benefit of the Woman Syndrome to free herself from
Indeterminate Sentence Law (Act 4103, as amended) criminal liability? Explain.
for having evaded the sentence which banished or b. Will your answer be the same, assuming that
placed him on destierro. Sec. 2 of the said law Talia killed Dion after being beaten up after a
expressly provides that the law shall not apply to those second time? Explain.
who shall have “evaded sentence” (People v Abilong).
A:
Q: Dion and Talia were spouses. Dion always came
home drunk since he lost his job a couple of months a. NO. A single act of battery or physical harm
ago. Talia had gotten used to the verbal abuse from committed by Dion against Talia resulting to the
Dion. One night, in addition to the usual verbal abuse, physical and psychological or emotional distress
Dion beat up Talia. The next morning, Dion saw the on her part is not sufficient to avail of the benefit
injury that he had inflicted upon Talia and promised of the justifying circumstance of “Battered
her that he would stop drinking and never beat her Woman Syndrome”.
again. However, Dion did not make good on his
 LAST MINUTE TIPS

The defense of Battered Woman Syndrome can One night, Romeo came home drunk and went
be invoked if the woman with marital relationship straight to bed. Fearing the onset of another violent
with the victim is subjected to cumulative abuse fight, Julia stabbed Romeo, while he was asleep. A
or battery involving the infliction of physical harm week later, their neighbors discovered Romeo’s
resulting to the physical and psychological or rotting corpse on the marital bed. Julia and the
emotional distress. Cumulative means resulting children were nowhere to be found. Julia was charged
from successive addition. In sum, there must be with parricide. She asserted “battered woman
“at least two battering episodes” between the syndrome” as her defense.
accused and her intimate partner and such final a. Explain the cycle of violence.
episode produced in the battered person’s mind b. Is Julia’s “battered woman syndrome”
an actual fear of an imminent harm from her defense meritorious? Explain.
batterer and an honest belief that she needed to
use force in order to save her life. (People v. A:
Genosa, G.R. No. 135981, January 15, 2004) a. The Battered Woman Syndrome is characterized
● Sec. 26 - RA 9262; no criminal nor civil by the so-called “cycle of violence,” which has
liability is incurred by the victim if she three phases:
suffers from BWS 1. tension-building phase;
2. the acute battering incident; and
b. YES, Talia can invoke the defense of Battered 3. the tranquil, loving (or at least,
Woman Syndrome to free herself from criminal nonviolent) phase.
liability for killing her husband since she suffered
physical and emotional distress arising from During the tension-building phase, minor
cumulative abuse or battery. battering occurs – it could be verbal or slight
physical abuse or another form of hostile
Under Section 26 of RA 9262, victim survivors of behavior. The woman tries to pacify the batterer
Battered Woman Syndrome do not incur any through a kind, nurturing behavior; or by simply
criminal or civil liability despite the absence of the staying out of his way.
requisites of self-defense.
The acute battering incident is characterized by
Q: Romeo and Julia have been married for twelve (12) brutality, destructiveness and sometimes, death.
years and had two (2) children. The first few years of The battered woman deems this incident as
their marriage went along smoothly. However, on the unpredictable, yet also inevitable. During this
fifth year onwards, they would often quarrel when phase, she has no control; only the batterer may
Romeo comes home drunk. The quarrels became put an end to the violence.
increasingly violent, marked by quiet periods when
Julia would leave the conjugal dwelling. During the The final phase of the cycle of violence begins
times of quiet, Romeo would court Julia with flowers when the acute battering incident ends. During
and chocolates and convince her to return home, this tranquil period, the couple experience
telling her that he could not live without her; or profound relief.
Romeo would ask Julia to forgive him, which she did,
believing that if she humbled herself, Romeo would b. YES. Under Section 3(c) of RA No. 9262,
change. After a month of marital bliss, Romeo would “Battered Woman Syndrome” refers to a
return to his drinking habit and the quarrel would start scientifically defined pattern of psychological and
again, verbally at first, until it would escalate to behavioral symptoms found in women living in
physical violence. battering relationships as a result of “cumulative
abuse”.
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Under Section 3(b), “Battery” refers to an act of Ruben pursued her and stripped her naked in full view
inflicting physical harm upon the woman or her of their neighbors; and then he vanished.
child resulting in physical and psychological or
emotional distress. Ten days later, Ruben came back to Rorie and
pleaded for forgiveness. However, Rorie expressed
In sum, the defense of Battered Woman her wish to live separately from Ruben and asked him
Syndrome can be invoked if the woman in marital to continue providing financial support for their
relationship with the victim is subjected to daughter Rona. At that time, Ruben was earning
cumulative abuse or battery involving the infliction enough to support a family. He threatened to
of physical harm resulting to the physical and withdraw the support he was giving to Rona unless
psychological or emotional distress. Cumulative Rorie would agree to live with him again. But Rorie
means resulting from successive addition. was steadfast in refusing to live with Ruben again,
and insisted on her demand for support for Rona. As
In sum, there must be “at least two battering the ex-lovers could not reach an agreement, no
episodes” between the accused and her intimate further support was given by Ruben.
partner and such final episode produced in the
battered person’s mind an actual fear of an What crimes did Ruben commit:
imminent harm from her batterer and an honest a. For beating and humiliating Rorie?
belief that she needed to use force in order to b. For withdrawing support for Rona?
save her life. (People v. Genosa, G.R. No.
135981, January 15, 2004) A:
a. For beating and humiliating Rorie, such acts
In this case, because of the battering episodes, violate R.A 9262, known as the “Anti- Violence
Julia feared the onset of another violent fight and Against Women and Their Children Act of 2004,”
honestly believed the need to defend herself even particularly section 3 (a) thereof under “Physical
if Romeo had not commenced an unlawful Violence” referring to acts that include bodily or
aggression. Even in the absence of unlawful physical harm against a woman with whom the
aggression, however, Battered Woman person has or had a sexual or dating relationship.
Syndrome is a defense. Under Section 27 of RA
No. 9262, Battered Woman Syndrome is a b. For withdrawing support for Rona, such act is a
defense notwithstanding the absence of any of violation of RA 9262, section 3 (d), which reads:
the elements for justifying circumstances of self- “Economic abuse” refers to acts that make or
defense under the Revised Penal Code such as attempt to make a woman financially dependent
unlawful aggression. (Section 26, RA No. 9262) which includes, but is not limited to the following:
Withdrawal of financial support or preventing the
Q: For the past five years, Ruben and Rorie had been victim from engaging in any legitimate profession,
living together as husband and wife without the occupation, business or activity, except in cases
benefit of marriage. Initially, they had a happy wherein the other spouse/partner objects on
relationship which was blessed with a daughter, valid, serious and moral grounds as defined in
Rona, who was born on March 1, 2014. However, the Article 73 of the Family Code;
partners’ relationship became sour when Ruben
began indulging in vices, such as women and alcohol, Q: Does R.A. No. 9262 criminalize marital infidelity?
causing frequent arguments between them. Their No. What R.A. No. 9262 criminalizes is not the marital
relationship got worse when, even for slight infidelity per se but the psychological violence causing
mistakes, Ruben would lay his hands on Rorie. One mental or emotional suffering on the wife. Otherwise
day, a tipsy Ruben barged into their house and, for no stated, it is the violence inflicted under the said
reason, repeatedly punched Rorie in the stomach. To circumstances that the law seeks to outlaw. Marital
avoid further harm, Rorie ran out of the house. But infidelity as cited in the law is only one of the various
acts by which psychological violence may be
 LAST MINUTE TIPS

committed. Moreover, depending on the It is necessary, for Philippine courts to have jurisdiction
circumstances of the spouses and for a myriad of when the abusive conduct or act of violence under
reasons, the illicit relationship may or may not even be Section 5(i) of R.A. No. 9262 in relation to Section 3(a),
causing mental or emotional anguish on the wife. Paragraph (C) was committed outside Philippine
Thus, the mental or emotional suffering of the victim is territory, that the victim be a resident of the place
an essential and distinct element in the commission of where the complaint is filed in view of the anguish
the offense. (AAA vs. BBB) suffered being a material element of the offense. (AAA
v BBB)
Q: Is the denial of financial support punishable under
R.A. No. 9262? Q: What are the specific places where gender-based
Yes. Section 5 (i) of R.A. 9262, a form of psychological sexual harassment can be committed?
violence, punishes the act of "causing mental or Public spaces refer to streets and alleys, roads,
emotional anguish, public ridicule or humiliation to the sidewalks, public parks, buildings, schools, churches,
woman or her child, including, but not limited to, public washrooms, malls, internet shops, restaurants
repeated verbal and emotional abuse, and denial of and cafes, transportation terminals, public markets,
financial support or custody of minor children or denial spaces used as evacuation centers, government
of access to the woman's child/children." offices, common carriers, public utility vehicles (PUVs)
as well as private vehicles covered by appbased
Notably, “psychological violence is an element of transport network services, other recreational spaces
violation of Section 5 (i) just like the mental or such as, but not limited to, cinema halls, theaters and
emotional anguish caused on the victim. Psychological spas, bars and clubs, resorts and water parks, hotels
violence is the means employed by the perpetrator, and casinos, and all other areas, regardless of
while mental or emotional anguish is the effect caused ownership, openly accessible or offered to be
to or the damage sustained by the offended party. To accessed by the public.
establish psychological violence as an element of the
crime, it is necessary to show proof of commission of Q: What are the specific acts of gender-based sexual
any of the acts enumerated in Section 5 (i) or similar harassment?
acts. And to establish mental or emotional anguish, it The specific punishable acts of “gender-based sexual
is necessary to present the testimony of the victim as harassment”, among others are as follows:
such experiences are personal to this party." a. Catcalling, wolf-whistling, unwanted
invitations, misogynistic, transphobic,
Thus, in cases of support, it must be first shown that homophobic, and sexist slurs;
the accused's denial thereof - which is, by itself, b. Persistent uninvited comments or gestures on
already a form of economic abuse - further caused a person's appearance;
mental or emotional anguish to the woman-victim c. Relentless requests for personal details;
and/or to their common child. (Melgar vs. People) d. Statement of sexual comments and
suggestions;
Q: May a complaint for psychological abuse under e. Public masturbation or flashing of private
R.A. No. 9262 be filed within the Philippines if the parts, groping, making offensive body
illicit relationship is conducted abroad? gestures at someone, and other similar lewd
Yes. RA 9262 contemplates that acts of violence sexual actions;
against women and their children may manifest as f. Any advances, whether verbal or physical,
transitory or continuing crimes; meaning that some that is unwanted and has threatened one's
acts material and essential thereto and requisite in sense of personal space and physical safety.
their consummation occur in one municipality or This may include cursing, leering and intrusive
territory, while some occur in another. gazing, and taunting;
g. Persistent telling of sexual jokes, use of sexual
names; and
h. Stalking.
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through cyberstalking and incessant messaging,

Q: Can gender-based sexual harassment also be uploading and sharing without the consent of the
committed online? victim, any form of media that contains photos, voice,
Yes. Gender-based online sexual harassment refers or video with sexual content, any unauthorized
to an online conduct targeted at a particular person recording and sharing of any of the victim’s photos,
that causes or likely to cause another mental, videos, or any information online, impersonating
emotional or psychological distress, and fear of identities of victims online or posting lies about victims
personal safety, sexual harassment acts including to harm their reputation, or filing, false abuse reports
unwanted sexual remarks and comments, threats, to online platforms to silence victims.
uploading or sharing of one’s photos without consent,
video and audio recordings, cyberstalking and online Q: Are there exempted acts from the coverage of the
identity theft. R.A. No. 11313 or “Safe Spaces Act”?
Yes. Exempted from the coverage of the law are
These include acts that use information and legitimate expressions of indigenous culture and
communications technology in terrorizing and tradition, as well as breastfeeding in public.
intimidating victims through physical, psychological,
and emotional threats, unwanted sexual misogynistic,
transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct
and private messages, invasion of victim’s privacy
through cyberstalking and incessant messaging,
uploading and sharing without the consent of the
victim, any form of media that contains photos, voice,
or video with sexual content, any unauthorized
recording and sharing of any of the victim’s photos,
videos, or any information online, impersonating
identities of victims online or posting lies about victims
to harm their reputation, or filing, false abuse reports
to online platforms to silence victims.

Q: What are the qualifying circumstances for gender-

based sexual harassment?
Gender-based online sexual harassment refers to an
online conduct targeted at a particular person that
causes or likely to cause another mental, emotional or
psychological distress, and fear of personal safety,
sexual harassment acts including unwanted sexual
remarks and comments, threats, uploading or sharing
of one’s photos without consent, video and audio
recordings, cyberstalking and online identity theft.

These include acts that use information and

communications technology in terrorizing and
intimidating victims through physical, psychological,
and emotional threats, unwanted sexual misogynistic,
transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct
and private messages, invasion of victim’s privacy