Criminal Law II

CRIMINAL LAW II: FINALS
REVIEWER
Art. 217. Malversation of public funds or
property
ELEMENTS:
a.) Offender: Public officer
b.) Had the custody or control of funds or
property by reason of his office
c.) Funds of property were public funds
or property which he is accountable
for
d.) He appropriated, took,
misappropriated or consented or
through abandonment or negligence,
permitted another person to take them

Art. 218. Failure of accountable officer to
render accounts
ELEMENTS:
a.) Offender: Public officer, whether
in service or separated
b.) Must be an accountable officer for
public funds or property
c.) Required by law to render
accounts to the CoA or provincial
auditor
d.) Fails to do fro a period of two
months after such accounts
should be rendered

Art. 219. Failure of a responsible public
officer to render accounts before leaving
the country
ELEMENTS:
a.) Offender: Public officer
b.) Accountable officer for public
funds or property
c.) Unlawfully left (or in the point of
leaving) the Philippines without
securing from CoA a certificate
showing that his accounts have
been finally settled

Art. 220. Illegal use of public funds or
property (Technical Malversation)
ELEMENTS:
a.) Offender: Public officer
b.) Pubic fund or property is under
his administration
c.) Public fund or property has been
appropriated by law or ordinance
d.) Offender applies the same for
public use other than that for
which such fund or property has
been appropriated by law or
ordinance
NOTE: In malversation, there is personal
benefit for the offender. In illegal use,
application to other public use is only done.

Art. 221. Failure to make delivery of public
funds or property
ELEMENTS:
a.) Offender: public officer who has
government funds in his
possession
b.) He is under obligation to make
payment from such funds
c.) He fails to make payment or
delivery maliciously
NOTE: Art. 222 include private individuals
who have charge with any national, provincial,
or municipal funds or property attached,
seized, or deposited y public individuals. Such
private individuals can be guilty of
malversation

INFIDELITY OF PUBLIC OFFICERS (ART.
223-230)
Art. 223. Conniving with or consenting to
evasion
ELEMENTS:
a.) Offender: public officer
b.) He had custody of a prisoner,
whether detention prisoner or
prisoner by final judgment
c.) Prisoner escaped his custody
d.) Offender was in connivance with
the latter’s escape



Art. 224. Evasion through negligence
ELEMENTS:
a.) Offender: public officer
b.) Charged with the conveyance or
custody of a prisoner either by
detention of final judgment
c.) Prisoner escapes through
offender’s negligence

Art. 225. Escape of a prisoner under the
custody of a person not a public officer
ELEMENTS:
a.) Offender: private person
b.) Conveyance or custody of a
prisoner under arrest if confided
to him
c.) Prisoner under arrest escaped
d.) Offender consents to the escape
of the prisoner or escape through
the offender’s negligence

Art. 226. Removal, concealment, or
destruction of documents
ELEMENTS:
a.) Offender: public officer
b.) He abstracts, destroys or
conceals documents or papers
c.) Documents or papers were
entrusted to him by reason of his
office
d.) Damage to a third party or to the
public interest have been cause

Art. 227. Officer breaking seal
ELEMENTS:
a.) Offender: public officer
b.) Charged with custody of papers
or property
c.) Papers or property are sealed by
authority
d.) Offender breaks the seal or
permits them to be broken

Art. 228. Opening of closed documents
ELEMENTS:
a.) Offender: public officer
b.) Any closed papers, documents, or
objects are entrusted to his
custody
c.) Opens or permits to be opened
said closed papers or documents
or objects
d.) Offender does not have proper
authority

Art. 229. Revelation of secrets by an officer
ACTS PUNISHED:
1.) Revealing any secrets known to
the offending officer by reason of
this official capacity
2.) Delivery wrongfully papers or
copies of papers of which he may
have charge or which should not
be published
ELEMENTS OF #1:
a.) Offender: public officer
b.) Knows a secret by reason of his
official capacity
c.) Reveals secret without authority
or justifiable reason
d.) Damage be caused to public
interest
ELEMENTS OF #2:
a.) Offender: public officer
b.) Charge of papers
c.) Papers must not be published
d.) Delivers papers or copies to a
third person
e.) Delivery is wrongful
f.) Damaged be caused to public
interest
NOTE: Nature of secret – relate to the
exercise of powers and duties of the public
officer

Art. 230. Public officer revealing secrets of
private individuals
ELEMENTS:
a.) Offender: public officer
b.) Knows of the secret of private
individual by reason of his office
c.) Reveals secrets without authority
or justifiable reason
NOTE: Damage is not necessary

OTHER OFFENSES OR IRREGULARITIES
BY A PUBLIC OFFICER
Art. 231. Open disobedience
ELEMENTS:
a.) Offender: judicial or executive
officer
b.) There is judgment, decision, or
order of a superior authority
c.) Judgment, decision, or order was
made within the scope of
jurisdiction of the superior
authority and issued with all the
legal formalities
d.) Offender, without any legal
justification, openly refuses to
execute said judgment decision,
or order, which he is duty bound
to obey

Art. 232. Disobedience to order of superior
officer, when said order was suspended by
inferior officer
ELEMENTS:
a.) Offender: public officer
b.) An order is issued by his superior
of execution
c.) He has for any reason suspended
the execution of such order
d.) His superior disapproves the
suspension of the execution of the
order
e.) Offender disobeys his superior
despite the disapproval of the
suspension

Art. 233. Refusal of assistance
ELEMENTS:
a.) Offender: public officer
b.) A competent authority demands
the offender that he lend his
cooperation towards the
administration of justice or other
public service
c.) Offender fails to o so maliciously

Art. 234. Refusal to discharge elective
office
ELEMENTS:
a.) Offender: elected by popular
election to a public office
b.) He refuses to be sworn in or to
discharge the duties of said
office
c.) There is no legal motive fro such
refusal to be sworn in or to
discharge the duties of said
office

Art. 235. Maltreatment of prisoners
ELEMENTS:
a.) Offender: public officer or
employee
b.) He has under his charge a
prisoner of detention prisoner
c.) He maltreats such prisoner in
either of the following manners:
a. By overdoing himself in
the correction of handling
of a prisoner or detention
prisoner under his charge
either
i. By the imposition
of punishments
not authorized by
the regulations or
ii. By influencing
such punishment
(those
authorized) in a
cruel or
humiliating
manner
b. By maltreating such
prisoner to extort a
confession or to obtain
some information from
the prisoner

Art. 236 Anticipation of duties of a public
office
ELEMENTS:
a.) Offer: entitled to hold public office
or employment either by election
or appointment
b.) The law requires that should first
be sworn in and/or should first
give a bond
c.) He assumes the performance of
the duties and powers of such
office
d.) He has not taken his oath of office
and/or given the bond required by
law

Art. 238. Abandonment of office or position
ELEMENTS:
a.) Offender: public officer
b.) Formally resigns from his position
c.) Hi resignation has not yet been
accepted
d.) He abandons his office to the
detriment of public service

Art. 239. Usurpation of legislative powers
ELEMENTS:
a.) Offender: executive or judicial
officer
b.) He (1) makes a general rules or
regulations beyond the scope of
his authority, or (2) attempts to
repeal a law or (3) suspends the
execution thereof

Art. 240. Usurpation of executive functions
ELEMENTS:
a.) Offender: judge
b.) He (1) assumes a power
pertaining to he executive
authorities or (2) obstructs the
executive authorities in the lawful
exercise of their powers

Art. 241. Usurpation of judicial functions
ELEMENTS:
a.) Offender: officer of the executive
branch of the Government
b.) He (1) assumes judicial powers,
or (2) obstructs the execution of
any order or decision rendered by
any judge within his jurisdiction

Art. 242. Disobeying request for
disqualification
ELEMENTS:
a.) Offender: public officer
b.) A proceeding is pending before
such public officer
c.) There is a question brought
before the proper authority
regarding his jurisdiction, which is
not yet decided
d.) He has been lawfully required to
refrain from continuing the
proceeding
e.) He continues the proceeding

Art. 243. Orders or requests by executive
officers to any judicial authority
ELEMENTS:
a.) Offender: executive officer
b.) He addresses any order or
suggestion to any judicial
authority
c.) The order or suggestion relates to
any case of business coming
within the exclusive jurisdiction of
the courts of justice

Art. 244. Unlawful appointments
ELEMENTS:
a.) Offender: public officer
b.) Nominates or appoints a person
to a public office
c.) Such person lacks the legal
qualifications therefore
d.) The offender knows that his
nominee or appointee lacks the
qualifications at the time he made
the nomination or appointment.

Art. 245. Abuses against chastity
ELEMENTS:
a.) Offender: public officer
b.) Solicits or makes immoral or
indecent advances to a woman
c.) Woman must be:
(1) Interested in the
matters pending
before the offender
for decision or with
respect to which he is
required to submit a
report to or consult
with a superior officer;
or
(2) Under the custody of
the offender who is a
warden or other
public officer directly
charged with the care
and custody of
prisoners or persons
under arrest; or
(3) The wife, daughter,
sister, or relative
within the same
degree by affinity of
the person in the
custody of the
offender
NOTE: The mother of the person in the
custody of the offender is not included

CRIMES AGAINST PERSONS (246-266A)
Art. 246. Parricide
ELEMENTS:
a.) A person is killed
b.) The decease is killed by the
accused
c.) Deceased: father, mother, or
child, whether legitimate or
illegitimate, or a legitimate other
ascendant, or other descendant,
or the legitimate spouse of the
accused
Art. 247. Death or physical injuries inflicted
under exceptional circumstances
REQUISITES:
a.) A legally married person or a
parent surprises his spouse or
daughter, the latter under 18
years of age and living with him,
in the act of committing sexual
intercourse with another person
b.) He or she kills any or both, of
them or inflicts upon any or both
of them any serious physical
injury in the act of immediately
thereafter
c.) He has not promoted or facilitated
the prostitution of his wife or
daughter, or that he or she has
not consented to the infidelity of
the other spouse

Art. 248. Murder
DEFINITION: The unlawful killing of any
person which is not parricide or infanticide,
provided the any of the qualifying
circumstances is present:
1) With treachery, taking
advantage of superior
strength, with the aid of
armed men, or employing
means to weaken the
defense, or of means or
persons to insure or
impunity
2) Consideration of a price,
reward, or promise
3) Means of inundation, fire,
poison, explosion,
shipwreck, stranding of a
vessel, derailment, or
assault upon a railroad, fall
of an airship, by means of
motor vehicles, or with the
use of any other means
involving great waste and
ruin
4) On occasion of any of the
calamities enumerated in
the preceding number, or
of an earthquake, eruption
of a volcano, destructive
cyclone, epidemic, or any
other public calamity
5) With evident premeditation
6) With cruelty, by
deliberately and inhumanly
augmenting the suffering of
the victim, or outraging, or
scoffing at his person or
corpse
ELEMENTS:
a.) A person was killed
b.) The accused killed him
c.) The killing was attended by any of
the qualifying circumstances
mention above
d.) Killing is not parricide or
infanticide


Art. 249. Homicide
DEFINITION: The unlawful killing of any
person that is neither parricide, homicide, nor
infanticide
ELEMENTS:
a.) A person was killed
b.) The accused killed him without
any justifying circumstance
c.) The accused had the intention to
kill, which is presumed
d.) The killing was not attended by
any of the qualifying
circumstances of murder, or by
that of parricide of infanticide

Art. 251. Death caused in a tumultuous
affray
ELEMENTS:
a.) There be several persons
b.) They did not compose groups
organized for the common
purpose of assaulting and
attacking each other reciprocally
c.) These several persons quarreled
and assaulted on another in a
confused and tumultuous manner
d.) Someone was killed in the course
of the affray
e.) It cannot be ascertained who
actually killed the deceased
f.) The person or persons who
inflicted serious physical injuries
or who used violence can be
identified

Art. 252. Physical injuries in inflicted in a
tumultuous affray
ELEMENTS:
a.) There is a tumultuous affray as
referred in the preceding article
b.) A participant or some participants
thereof suffer serious physical
injuries of a less serious nature
only
c.) The person responsible thereof
cannot be identified
d.) All those who appear to have
used the violence upon the
person of the offended party are
known

Art. 253. Giving assistance to suicide
ACTS PUNISHED:
a.) By assisting another to commit
suicide, whether the suicide is
consummate or not
b.) By lending his assistance to
another to commit suicide to the
extend of doing the killing himself

Art. 254. Discharge of firearms
ELEMENTS:
a.) Offender discharges a firearm
against or at another person
b.) Offender has no intention to kill
that person


Art. 255. Infanticide
DEFINITION: The killing of any child less that
three days of age, whether the killer is the
parent or grandparent, any other relative of
the child, or a stranger
ELEMENTS:
a.) A child was killed
b.) Deceased child was less than
three days (72 hours) of age
c.) Accused killed the said child

Art. 256. Intentional abortion
DEFINTION: Abortion is the willful killing of
the fetus in the uterus, or the violent expulsion
of the fetus from the maternal womb which
results in the death of the fetus
WAYS OF COMMITTING:
1. Using any violence upon
the person of the
pregnant woman
2. Acting, but without using
violence, without the
consent of the woman
(i.e. giving drugs upon the
pregnant woman without
her consent).
3. Acting, by administering
drugs or beverages, with
the consent of the
pregnant woman
ELEMENTS:
a.) There is a pregnant woman
b.) Violence is exerted, or drugs or
beverages administered, or that
the accused otherwise acts upon
such pregnant woman
c.) S a result of the use of violence or
drugs or beverages upon her, or
any other act of the accused, the
fetus dies, either in the womb or
after having been expelled
therefrom
d.) Abortion is intended

Art 257. Unintentional abortion
ELEMENTS:
a.) There is a pregnant woman
b.) Violence is used upon such
pregnant woman without
intending an abortion
c.) Violence is intentionally exerted
d.) As a result of the violence the
fetus dies, either in the womb of
or after having been expelled
therefrom

Art. 258. Abortion practiced by the woman
herself or by her parents
ELEMENTS:
a.) There is a pregnant woman who
has suffered an abortion
b.) The abortion is intended
c.) The abortion is caused by:
1. The pregnant woman
herself
2. Any other person
with her consent
3. Any of her parent,
with her consent for
the purpose of
concealing her
dishonor

Art. 259. Abortion practiced by a physician
or midwife and dispensing of abortives
ELEMENTS:
a.) There is a pregnant woman who
has suffered an abortion
b.) The abortion is intended
c.) The offender, who must be a
physician or midwife, causes or
assists in the causing, the
abortion
d.) Said physician or midwife takes
advantage of his or her scientific
knowledge or skill
ELEMENTS (PHARMACISTS):
a.) Offender: pharmacist
b.) No proper prescription from a
physician
c.) The offender disposes any
abortive

Art. 260. Responsibility of participants in a
duel
DEFINITION: A formal or regular combat
previously concerted between two parties in
the presence o tow or more seconds of lawful
age on each side, who make the selection of
arms and fix all the other condition of the fight
ACTS PUNISHED:
1. Killing one’s adversary in a duel
2. Inflicting upon such adversary
physical injuries
3. Making a combat although no
physical injuries have been
inflicted

Art. 261. Challenging to a duel
ACTS PUNISHED:
1. Challenging another to a duel
2. Inviting another to give or accept
a challenge to a duel
3. Scoffing at or decrying another
publicly for having refused to
accept a challenge to fight a duel

NOTE: There is no duel in the Philippines

Art 262. Mutilation
DEFINITION: The lopping or the clipping off of
some part of the body
TWO KINDS:
1. Intentionally mutilating another by
depriving him, either totally or
partially, of some essential organ
for reproduction
2. Intentionally making other
mutilation, that is by lopping or
clipping off any part of the body of
the offended party, other than the
essential organ for reproduction,
to deprive him of that part of his
body.
ELEMENTS OF #1:
a.) There be a castration, that is,
mutilation of organs necessary for
generation, such as the penis or
ovarium
b.) The mutilation is caused
purposely and deliberately, that
is, to deprive the offended party
of some essential organ for
reproduction.

Art. 263. Serious physical injuries
HOW COMMITTED:
1. Wounding
2. Beating
3. Assaulting (Art. 263)
4. Administering injurious substance
(Art. 264)
WHAT ARE SERIOUS PHYSICAL INJURIES:
1. Injured person becomes insane,
imbecile, impotent, or blind
2. Injured person loses use of
speech or power to hear or smell
or loses an eye, hand, foot , arm,
or leg or loses use of any such
member or become incapacitated
for work which he was habitually
engaged
3. Injured person becomes
deformed, or loses any other
member of the body, or the use
therefor, or becomes ill or
incapacitated for the performance
of the work in which he was
habitually engaged for more than
90 days
4. Injured person becomes ill or
incapacitated for labor for more
than 30 days
CLASSES OF SERIOUS PHYSICAL
INJURIES:
1. The consequences of the injuries
inflicted
2. The nature or character of the
wound inflicted
3. Proper penalty

NOTE: There must be no intent to kill

Art. 264. Administering injurious
substances or beverages
ELEMENTS:
a.) Offender inflicted upon anther any
serious physical injury
b.) It was done knowingly
administering to him any injurious
substances or beverages or by
taking advantage of his weakness
of mind or credulity
c.) He had no intent to kill

Art. 265. Less serious physical injuries
ELEMENTS:
a.) Offended party is incapacitated
for labor for 10 days or more, but
not more than 30 days, or needs
medical attendance for the same
period of time
b.) The physical injuries must not be
those mentioned in Art. 264
QUALIFIED LESS SERIOUS PHYSICAL
INJURIES:
1. A fine not exceeding P500, in
addition to arresto mayor shall be
imposed for less serious physical
injuries when –
a. There is a manifest intent
to insult or offend the
injured person
b. There are circumstances
adding ignominy to the
offense
2. A higher penalty is imposed when
the victim is either –
a. The offender’s parents,
ascendants, guardians,
curators, or teaches; or
b. Persons of rank or person
in authority, provided the
crime is not direct assault

Art. 266. Slight physical injuries and
maltreatment
THREE KINDS:
1. Physical injuries which
incapacitate the offended party for
labor from 1 to 9 days or required
medical assistance during the
same period
2. Physical injuries which did not
prevent the offended parry from
engaging in his habitual work or
which did not require medical
attendance
3. Ill-treatment of another by deed
without causing any injury

Art. 266-A. Rape, When and How
Committed
ELEMENTS OF PAR.1: RAPE BY SEXUAL
INTERCOURSE
a.) Offender: man
b.) Offender had carnal knowledge of
a woman
c.) Such act is accomplished under
any of the following circumstance:
1. Using force or intimidation
2. Woman is deprived of
reason or otherwise
unconscious
3. Means of fraudulent
machinations or grave
abuse of authority
4. Woman is under 12 years
of age or demented
ELEMENTS OF PAR. 2: RAPE THROUGH
SEXUAL ASSAULT
a.) Offender commits an act of sexual
assault
b.) Act of sexual assault is committed
by:
1. Inserting his penis
inot another person’s
mouth or anal orifice
2. Inserting any
instrument or object
into the genital or anal
orifice of another
person

c.) Act of sexual assault is
accomplished by:
1. Using force or intimidation
2. Woman is deprived of
reason or otherwise
unconscious
3. Means of fraudulent
machination or grave
abuse of authority
4. Woman is under 12 years
of age or demented

CONSUMATED RAPE – it is enough that the
labium of the female organ was penetrated.
The slightest penetration of the labia
consummates the crime of rape
FRUSTRATED RAPE – committed upon a girl
3 years and 11 months old, being no evidence
of penetration of her genital organ
ATTEMPTED RAPE – committed by the
accused after raising the dress of the woman
then asleep and placing himself on top of her,
and when woman was awakened the accused
threatened her with a knife, but because of
her continued shouting and offering of
resistance, a neighbor came to her rescue.


CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY (ART. 267-292)
LIBERTY
Art. 267. Kidnapping and serious illegal
detention
ELEMENTS:
a.) Offender: private individual
b.) He kidnaps or detains another or
deprives the latter of his liberty
c.) Act of detention or kidnapping
must be illegal
d.) In the commission of the offense,
any of the ff. circumstances is
present:
1. Kidnapping or
detention lasts for
more than 3 days
2. Committed simulating
public authority
3. Any serious physical
injuries are inflicted
upon the person
kidnapped or detained
or thereats to kill him
are maed
4. The person
kidnapped or detained
is a minor, female, or
a public officer

Art. 268 Slight Illegal Detention
ELEMENTS:
a.) Offender: private individual
b.) Kidnaps or detains another, or in
or deprives him of his liberty
c.) Act of kidnapping or detention is
illegal
d.) Crime is committed without the
attendance of the qualifying
circumstances of Art. 267
Art. 268. Unlawful Arrest
ELEMENTS:
a.) Offender, whether public officer or
private individual, arrest or
detains another person
b.) Purpose of the offender is to
deliver him to the proper
authorities
c.) The arrest or detention is not
authorized by law or no
reasonable ground therefor.

Art. 270. Kidnapping and failure to return a
minor
ELEMENTS:
a.) Offender is entrusted with the
custody of a minor person
b.) He deliberately fails to restore the
said minor to his parents or
guardians

Art. 271. Inducing a minor to abandon his
home
ELEMENTS:
a.) The minor is living in the home of
his parents or guardian or the
person entrusted with his custody
b.) Offender induces said minor to
abandon such home
Art. 272. Slavery
ELEMENTS:
a.) Offender purchases, kidnaps, or
detains a human being
b.) The purpose of the offender is to
enslave such human being
NOTE: If the purpose is to assign the offended
party to some immoral traffic (prostitution, the
penalty is higher (qualifying circumstance).
Art. 273. Exploitation of child labor
ELEMENTS:
a.) Offender retains a minor in his
service
b.) It is against the will of the minor
c.) Under the pretext or reimbursing
himself of a debt incurred by an
ascendant, guardian, or person
entrusted with the custody of such
minor
Art. 274. Services rendered under
compulsion in payment of debt
ELEMENTS:
a.) Offender compels a debtor to
work for him, either as household
servant or farm laborer
b.) It is against the debtor’s will
c.) The purpose is to require or
enforce the payment of a debt

SECURITY
Art. 275. Abandonment of persons in
danger and abandonment of one’s own
victim
ACTS PUNISHED:
1.) Failing to render assistance to
any person whom the offender
finds in an uninhabited place
wounded or in danger of dying
when he can render such
assistance without detriment to
himself, unless such omission
shall constitute a more serious
offense
2.) Failing to help or render
assistance to another whom the
offender has accidentally
wounded or injured
3.) Failing to deliver a child, under
seven years of age whom the
offender has found abandoned, to
the authorities or to his family, or
by failing to take him to a safe
place
ELEMENTS OF #1:
a.) Place is not inhabited
b.) Accused found there a person
wounded or in danger of dying
c.) Accused can render assistance
without detriment to himself
d.) Accused fails to render assistance

Art. 276. Abandoning a minor
ELEMENTS:
a.) Offender has the custody of a
child
b.) Child is under 7 years of age
c.) Offender abandons such child
d.) He has no intent to kill the child
when the latter is abandoned
Art. 277. Abandonment of minor by person
entrusted with his custody; indifference of
parents
ACTS PUNISHED:
1. Delivering a minor to a public
institution or other persons
without the consent of the one
who entrusted such minor to the
care of the offender, or in the
absence of that one, without the
consent of proper authorities
2. By neglecting his (offender’s)
children by not giving them the
education which their station in
life requires and financial
condition permits.
ELEMENTS OF ABANDONMENT OF MINOR
BY ONE CHARGE WITH THE REARING OR
EDUCATION OF SAID MINOR:
a.) Offender has charge of the
rearing or education of a minor
b.) He delivers said minor to a public
institution or other persons
c.) The one who entrusted such child
to the offender has not consent to
such act; or if the one who
entrusted such child to the
offender is absent, the proper
authorities have not consented to
it
ELEMENTS OF INDIFFERENCE OF
PARENTS:
a.) Offender: parent
b.) Neglects his children by not giving
them education
c.) His station in life requires such
education and his financial
condition permits it
Art. 278. Exploitation of minors
ACTS PUNISHED:
1. Causing any boy or girl under 16
years of age to perform any
dangerous feat of balancing,
physical strength, or contortion,
the offender being any person
2. Employing children under 16
years of age who are not the
children or descendants of the
offender in exhibitions f acrobat,
gymnast, ropewalker, diver, or
wild animal tamer, the offender
being an acrobat, etc., or circus
manager or person engaged in a
similar calling
3. Employing any descendant under
12 years of age in dangerous
exhibitions enumerated in the
next preceding paragraph, the
offender being engaged in any of
the said callings
4. Delivering a child under 16 years
of age gratuitously to any person
following any of the callings
enumerated in paragraph 2 or to
any habitual vagrant or beggar,
the offender being an ascendant,
guardian, teacher or person
entrusted in any capacity with the
care of such child
5. Inducing any child under 16 years
of age to abandon the home of its
ascendants, guardians, curators,
or teachers to follow any person
engaged in any of the callings
mentioned in paragraph 2 or to
accompany any habitual vagrant
or beggar, the offender being any
person

Art. 280. Qualified trespass to dwelling
ELEMENTS:
a.) Offender: private person
b.) Enters the dwelling of another
c.) Entrance is against the latter’s will
NOTE: If the offense is committed by means
of violence or intimidation, the penalty is
higher
If the offender is a public officer, the offense
would be violation of domicile (Art. 128).

Art. 281. Other forms of trespass
ELEMENTS:
a.) Offender enters the closed
premises or the fenced estate of
another
b.) Entrance is made while either of
them in uninhabited
c.) Prohibition to enter be manifest
d.) The trespasser has not secured
the permission of the owner or
the caretaker thereof

Art. 282. Grave threats
ACTS PUNISHED:
1. Threatening another with the
infliction upon his person, honor,
or property or that of his family of
any wrong amounting to a crime
and demanding money or
imposing any other condition,
even though not unlawful, and the
offender attained his purpose
2. Making such thereat without the
offender attaining his purpose
3. Threatening another with the
infliction upon his person, honor,
or property or that of his family of
any worn amounting to a crime,
the threat not being subject to a
condition
ELEMENTS OF GRAVE THREATS WHERE
OFFENDER ATTAINED HIS PURPOSE:
a.) Offender threatens another
person with the infliction upon the
latter’s person, honor or property,
or upon that of the latter’s family,
or any wrong
b.) Such wrong amounts to a crime
c.) There is a demand for money of
that any other condition is
imposed, even though not
unlawful
d.) Offender attains his purpose
ELEMENTS OF GRAVE THREATS NOT
SUBJECT TO A CONDITION:
a.) Offender threatens another
person with the infliction upon the
latter’s person, honor, property, or
upon that of the latter’s family, or
any wrong
b.) Such wrong amounts to a crime
c.) Threat is not subject to a
condition

Art. 283. Light threats
ELEMENTS:
a.) Offender makes a threat to
commit a wrong
b.) Wrong does not constitute a crime
c.) A demand for money of that other
condition is imposed, even though
not unlawful
d.) Offender has attained his purpose
or, that he has not attained his
purpose
Art. 285. Other light threats
ACTS PUNISHED:
1. Threatening another with a
weapon, or by drawing such
weapon in a quarrel, unless it be
a lawful self-defense
2. Orally threatening another, in the
heat of anger, with some harm
(not) constituting a crime, without
persisting in the idea involved in
his threat
3. Orally threatening to do another
any harm not constituting a
felony

Art. 286. Grave coercions
ELEMENTS:
a.) A person prevented another from
doing something not prohibited by
law, or that he compelled him to
do something against his will, be it
right or wrong
b.) The prevention or compulsion be
effected by violence, threats or
intimidation
c.) The person restrained the will and
liberty of another had not the
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 lawful right

Art.287. Light coercions
ELEMENTS:
a.) Offender: creditor
b.) He seizes anything belonging to
his debtor
c.) The seizure of the thing be
accomplished by means of
violence or a display of material
force producing intimidation
d.) The purpose of the offender is to
apply the same to the payment o
the debt

Art. 288. Other similar coercions
ACTS PUNISHED:
1. Forcing or compelling, directly or
indirectly, or knowingly permitting
the forcing or compelling of the
laborer of employee of the
offender to purchase merchandise
or commodities of any kind from
him
2. Paying the wages due his laborer
or employee by means of tokens
or objects other than the legal
tender currency of the Philippines,
unless expressly requested by
such laborer employee
ELEMENTS OF #1:
a.) Offender: any person, agent, or
officer of any corporation or
association
b.) He or such firm or corporation
has employed laborers or
employees
c.) He forces or compels, directly or
indirectly, or knowingly permits to
be forced or compelled, any of his
or its laborers or employees to
purchase merchandise or
commodities of any kind from him
or from said firm or corporation
ELEMENTS OF #2:
a.) Offender pays the wages due a
laborer or employee employed by
him by means of tokens or objects
b.) Those tokens or objects are other
than the legal tender currency of
the Philippines
c.) Such employee or laborer does
not expressly request that he be
paid by means of tokens or
objects




Art. 289. Formation, maintenance, and
prohibition of combination of capital or
labor through violence or threats
ELEMENTS:
a.) Offender employs violence or
threats, in such a degree as to
compel or force the laborers or
employers in the free and legal
exercise of their industry or work
b.) The purpose is to organize,
maintain or prevent or prevent
coalitions of capital or labor,
strike of laborers or lockout of
employees

Art. 290. Discovering secrets through
seizure of correspondence
ELEMENTS:
a.) Offender: private individual or
public officer not in exercise of
his official function
b.) He seizes the papers or letters of
another
c.) The purpose is to discover the
secrets of such another person
d.) Offender is informed of the
contents of the papers or letters
seized

Art. 291. Revealing secrets with abuse of
office
ELEMENTS:
a.) Offender: manager, employee, or
servant
b.) He learns the secrets of his
principal or master in such
capacity
c.) He reveals such secrets

Art. 292. Revelation of industrial secrets
ELEMENTS:
a.) Offender: person in charge,
employee, or workman of a
manufacturing or industrial
establishment
b.) The manufacturing or industrial
establishment has a secret of the
industry which the offender has
learned
c.) Offender reveals such secrets
d.) Prejudice is caused to the owner

CRIMES AGAINST PROPERTY (Arts. 294-
331)
Art. 293. Who are guilty of robbery
DEFINITION: Robbery – the taking of
personal property belonging to another, with
intent to gain, by means of violence against,
or intimidation of any person, or using force
upon anything
ELEMENTS (IN GENERAL):
a.) There is personal property
belonging to another
b.) There in unlawful taking to that
property
c.) The taking must be with intent to
gain
d.) There is violence against or
intimidation of any person, or
force upon anything

Art. 294. Robbery with violence against or
intimidation of persons
ACTS PUNISHED:
1. By reason of robbery, homicide is
omitted
2. Robbery is accompanied by rape
or intentional mutilation or arson
3. By reason of robbery, any of the
physical injuries resulting in
insanity, imbecility, impotency or
blindness is inflicted
4. By reason of robbery, any of the
physical injuries resulting in the
loss of the use of speech, or the
power to hear or to smell, r the
loss of an eye, hand, a foot, an
arm, or a leg, or the loss of the
use of any such member or
incapacity for the work in which
the injured person is theretofore
habitually engaged is inflicted
5. Violence or intimidation employed
in the commission of the robbery
is carried to a degree clearly
unnecessary for the commission
of the crime
6. In the course of its execution, the
offender shall have inflicted upon
any person not responsible for the
commission of the robbery any of
the physical injuries in
consequence of which the person
injured becomes deformed or
loses any other member of his
body or loses the use thereof or
becomes ill or incapacitated for
the performance of the work in
which he is habitually engaged for
more than 90 days or the person
injured becomes ill or
incapacitated for labor for more
than 90 days
7. If the violence employed by the
offender does not cause any of
the serious physical injuries
defined in Art. 263 or if the
offender employs intimidation only
Art. 295. Robbery with physical injuries,
committed in an uninhabited place and by
a band, or with the use of firearm on a
street, road, or alley
QUALIFYING CIRCUMSTANCES OF ART.
294:
If any of the offenses defined in subdivisions,
3, 4, & 5 of he said article –
a.) In an uninhabited place
b.) By a band
c.) Attacking a moving train, street
car motor vehicle, or airship
d.) Entering the passengers’
compartment in a train, or in any
manner taking the passengers
thereof by surprise in the
respective conveyances
e.) On a street, road, highway, or
alley, and the intimidation is made
with the use of firearms, the
offender shall be punished by the
maximum periods of the proper
penalties prescribed in Article
294.
Art. 296. Definition of a band and penalty
incurred by the members thereof.
OUTLINE:
1. At least four armed malefactors
take part in the commission of a
robbery, it is deemed committed
by a band
2. Any of the arms used in the
commission of robbery is not
licensed, the penalty imposed
upon all the malefactors shall be
the maximum of the
corresponding penalty provided
by law, without prejudice to the
criminal liability for illegal
possession of such firearms
3. Any member of the band who was
present at the commission of a
robbery by the band, shall be
punished as principal of any of the
assaults committed by the band,
unless it be shown that he
attempted to prevent the same

Art. 298. Execution of deeds by means of
violence or intimidation
ELEMENTS:
a.) Offender has intent to defraud
another
b.) Offender compels him to sign,
execute, or deliver any public
instrument or document
c.) The compulsion is by means of
violence or intimidation
Art. 299. Robbery in an inhabited house or
public building or edifice devoted to
worship
ELEMENTS: MALEFACTORS SHALL ENTER
THE HOUSE OR BUILDING IN WHICH THE
ROBBERY IS COMMITTED:
a.) Offender entered an (1) an
inhabited place, (2) public
building, or (3) edifice devoted to
worship
b.) Entrance was affected by the ff.
means:
1. Through an opening
not intended for
entrance or egress
2. Breaking any wall, roof,
or floor or breaking any
door or window
3. Using false keys or
picklocks or similar
tools
4. Using any fictitious
name or pretending the
exercise of public
authority
c.) Once inside the building, the
offender took personal property
belonging to another with intent
to gain
ELEMENTS: ROBBERY BE COMMITTED
UNDER ANY OF THE FF.
CIRCUMSTANCES:
a.) Offender is inside a dwelling
house, public building, or edifice
devoted to religious worship,
regardless of the circumstances
under which he entered it
b.) Offender takes personal property
belonging to another, with intent
to gain, under any of the ff.
circumstances –
1. Breaking of doors,
wardrobes, chests,
or any other kind of
locked or sealed
furniture, or
receptacle
2. Taking such furniture
or objects away to
be broken or forced
open outside the
place of the robbery
NOTE: If any of the situations of robbery
mentioned above were committed in an
uninhabited place or by a band, the penalty
shall be in its maximum period (Art. 300).

Art. 301. What is an inhabited house,
public building, or building dedicated to
religious worship and their dependencies
INHABITED HOUSE – any shelter, ship, or
vessel constitution the dwelling of one or more
persons, even though the inhabitants thereof
hall temporarily be absent therefrom when the
robbery is committed
PUBLIC BUILDING – every building owned by
the Government or belonging to a private
person but used or rented by the Government,
although temporarily unoccupied by the same
DEPENDENCIES OF AN INHABITED
PLACE, PUBILIC BUILDING, OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP – all
interior courts, corrals, warehouses, granaries,
or enclosed places contiguous to the building
or edifice, having an interior entrance
connected therewith, and which form part of
the whole
Art. 302. Robbery in an uninhabited place
or in a private building
ELEMENTS:
a.) Offender entered an
uninhabited place or a
building which was not a
dwelling house, not a
public building, or not an
edifice devoted to
religious worship

b.) Any of the ff.
circumstances was
present:
1. Entrance
was
effected
through an
opening not
intended for
entrance or
egress
2. A wall, roof,
floor, or
outside door
or window
was broken
3. The
entrance
was
effected
through he
use of false
keys,
picklocks, or
other similar
tools
4. A door,
wardrobe,
chest, or
any sealed
or closed
furniture of
receptacle
was broken
5. A closed or
sealed
receptacle
was
removed,
even if the
be broken
open
elsewhere
c.) With intent to gain, the
offender took therefrom
personal property
belonging to another

Art. 304. Possession of picklocks or
similar tools
ELEMENTS:
a.) Offender has in his possession
picklocks or similar tools
b.) Such picklocks or similar tools are
specially adopted to the
commission of robbery
c.) Offender does not have lawful
cause for such possession

Art. 305. False keys
SHALL INCLUDE:
1. Tools mentioned in Art. 304
2. Genuine keys stolen from the
owner
3. Any keys other than those
intended by the owner for use in
the lock forcibly opened by the
offender

Art. 306. Who are brigands
BRIGANDAGE– committed by more than
three armed persons who from a band of
robbers for the purpose of committing robbery
in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of
force and violence
Art. 307. Aiding and abetting a band of
brigands
ELEMENTS:
a.) There is a band of brigands
b.) Offender knows the band to be
brigands
c.) Offender does any of the ff. acts:
1. Aids, abets, or protects
such band of brigands
2. Gives the information of
the movements of the
police or other peach
officers of the
Government
3. Acquires or receives the
property taken by such
brigands

Art. 308. Who are liable for theft
THEFT: Committee by any person who, with
intent to gain but without violence against or
intimidation of persons nor force upon things,
shall take personal property of another without
the latter’s consent
WHO ARE LIABLE:
1. Those who, (a) with intent to gain,
(b) but without violence against or
intimidation of persons nor force
upon things, (c) take, (d) personal
property, (e) of another, (f) without
the latter’s consent
2. Those who, (a) having founf lost
property, (b) fail to deliver the
same to the local authorities or to
its owner
3. Those who (a) after having
maliciously damaged the property
of another, (b) remove or make
use of the fruits or object of the
damage caused by them
4. Those who, (a) enter an inclosed
estate or a field where (b)
trespass is forbidden or which
belongs to another and, without
the consent of its owner, (c) hunt
or fish upon the same or gather
fruits, cereals, or other forest or
farm products
ELEMENTS:
a.) There be taking of personal
property
b.) Said property belongs to another
c.) Taking be done with intent to
gain
d.) Taking be done without the
consent of the owner
e.) Taking be accomplished without
the use of violence against or
intimidation of persons or force
upon things

Art. 310. Qualified theft
QUALIFICATIONS:
1. Committee be a domestic servant
2. Committed with grave abuse of
confidence
3. Property stolen is (a) motor
vehicle, (b) mail matter, or (c)
large cattle
4. Property stolen consist of
coconuts taken from the premises
of a plantation
5. Property taken is a fish taken from
a fishpond or fishery
6. Property taken on the occasion of
fire, earthquake, typhoon,
volcanic eruption, or any other
calamity, vehicular accident or
civil disturbance
Art. 312. Occupation of real property or
usurpation of real rights in property
ACTS PUNISHED:
1. Taking possession of any real
property belonging to another by
means of violence against or
intimidation of persons
2. Usurping any real rights in
property belonging to another by
means of violence against or
intimidation of persons
ELEMENTS:
a.) Offender takes possession of any
real property or usurps any real
rights in property
b.) The real property or real rights
belong to another
c.) Violence against or intimidation of
persons is used by the offender in
occupying real property or
usurping real rights in property
d.) Intent to gain
Art. 313. Altering boundaries or landmarks
ELEMENTS:
a.) There be a boundary marks or
monuments of towns, provinces,
or estates or any other marks
intended to designate the
boundaries of the same
b.) Offender alters said boundary
marks
Art. 314. Fraudulent insolvency
ELEMENTS:
a.) Offender: debtor, who has
obligations due and payable
b.) He absconds with his property
c.) There be prejudice to his
creditors

Art. 315. Swindling (estafa)
ELEMENTS IN GENERAL:
1. Accused defrauded another (a) by
abuse of confidence, or (b) by
means of deceit
2. Damage or prejudice capable of
pecuniary estimation is caused to
the offended party or third person
THREE WAYS OF COMMITTING FIRST
ELEMENT:
a.) With unfaithfulness or abuse of
confidence
b.) By means of false pretense or
fraudulent acts
c.) Through fraudulent means
ELEMENTS OF ESTAFA WITH
UNFAITHFULNESS:
a.) Offender has an onerous
obligation to deliver something
of value
b.) He alters its substance,
quantity, or quality
c.) Damage or prejudice is caused
to another
ELEMENTS OF ESTAFA WITH ABUSE OF
CONFIDENCE (SUB. 1, PAR. B.):
a.) Money, goods, or other personal
property be received by the
offender in trust, or on
commission, or for administration,
or under any other obligation
involving the duty to make
delivery of, or to return, the same
b.) There be misappropriation or
conversion of such money, or
property by the offender or denial
on his part of such receipt
c.) Such misappropriation or
conversion or denial is to the
prejudice of another
d.) There is a demand made by the
offended party to the offender
ELEMENTS BY MEANS OF DECEIT:
a.) There must be a false pretense,
fraudulent act or fraudulent
means
b.) Such false pretense, fraudulent
act or fraudulent means must be
made or executed prior to or
simultaneously with the
commission of the fraud
c.) Offended party must have relied
on the false pretense, fraudulent
act, or fraudulent means, that is,
he was induced to part with his
money or property because of the
false pretense, fraudulent act, or
fraudulent means
d.) As a result thereof, the offended
party suffered damage
FALSE PRETENSES OR FRAUDULENT
ACTS:
1. Fictitious name
2. False pretending to possess:
power, influence, qualification,
property, credit, agency,
business, or imaginary
transactions
3. Similar deceits

Art. 316. Other forms of swindling
Par. 1 – Conveying, selling, encumbering,
or mortgaging any real property,
pretending to be the owner of the same
ELEMENTS:
a.) Immovable thing
b.) Offender, who is not the owner
should represent the he is the
owner thereof
c.) Offender should have executed
an act of ownership (selling,
leasing, encumbering, or
mortgaging real property)
d.) Act be made to the prejudice of
the owner or a third person
Par. 2. – Disposing of real property as free
from encumbrance, although such
encumbrance be not recorded
ELEMENTS:
a.) Thing disposed be of real property
b.) Offender knew that the real
property was encumbered,
whether the encumbrance is
recorded or not
c.) There must be express
representation b the offender that
the real property is free from
encumbrance
d.) The act of disposing of the real
property be made to the damage
of another
Par. 3. – Wrongfully taking by the owner
his personal property from its lawful
possessor
ELEMENTS:
a.) Offender: owner of the personal
property
b.) Said property is in the lawful
possession of another
c.) Offender wrongfully takes it from
its lawful possessor
d.) Prejudice is thereby caused to
the possessor or third person
Par. 4. – Executing any fictitious contract
to the prejudice of another
Par. 5. – Accepting any compensation for
services not rendered or for labor not
performed
Par. 6. – Selling, mortgaging, or
encumbering real property or properties
with which the offender guaranteed the
fulfillment of his obligation as surety
ELEMENTS:
a.) Offender is a surety in a bond
given in a criminal or civil action
b.) He guaranteed the fulfillment of
such obligation with his real
property or properties
c.) He sells, mortgage, or in any
other manner encumbers said
real property
d.) Such sale, mortgage, or
encumbrance is (1) without
express authority from the court,
or (2) be made before the
cancellation of his bond, or (3)
before being relieved from the
obligation contracted by him
Art. 317. Swindling a minor
ELEMENTS:
a.) Offender takes advantage of the
inexperience or emotions or
feelings of a minor
b.) He induces such minor to assume
an obligation or to give release or
to execute a transfer or any
property right
c.) The consideration is some loan of
money, credit, or other personal
property
d.) The transaction is to the detriment
of such minor
Art. 318. Other deceits
1.) Defrauding or damaging another
by any other deceit not
mentioned in the preceeding
articles
2.) Interpreting dreams, by making
forecasts, by telling fortunes, or
by taking advantage of the
credulity of the public in any other
similar manner, for profit or gain

Art. 319. Removal, sale, or pledge of
mortgaged property
ACTS PUNISHED:
1. Knowingly removing any personal
property mortgaged under the
Chattel Mortgage Law to any
province or city other than the one
in which it was located at the
same time of execution of the
mortgage, without the written
consent of the mortgagee or his
executors, administrators, or
assigns
2. Selling or pledging personal
property already pledged, or any
part thereof, under the terms of
the Chattel Mortgage Law, without
the consent of the mortgagee
written on the back of the
mortgage and noted on the record
thereof in the office of the register
of deed of the province where
such property is located
ELEMENTS OF #1:
a.) Personal property is mortgaged
under the Chattel Mortgage Law
b.) Offender know that such property
is so mortgaged
c.) He removes such mortgaged
personal property to any province
or city other than the one in which
it was located at the time of the
execution of the mortgage
d.) Removal is permanent
e.) No written consent of the
mortgagee or his executors,
administrators or assigns to such
removal
ELEMENTS OF #2:
a.) Personal property is already
pledged under the terms of the
Chattel Mortgage Law
b.) Offender, who is the mortgagor
of such property, sells or pledge
the same or any part thereof
c.) No consent of the mortgagee
written on the back of the
mortgage and noted on the
record thereof in the office of the
register of deeds
Art. 324. Crimes involving destruction
ELEMENTS:
a.) Offender causes destruction
b.) Caused by:
1. Explosion
2. Discharge of electric current
3. Inundation, sinking, or
stranding of a vessel, or
intentional damage if the
engine of said vessel
4. Taking up the rails from a
railway track
5. Maliciously changing railway
signals for the safety of
moving trains
6. Destroying telegraph wires
and telegraphy posts or those
any other system
7. Using an other agency or
means of destruction as
effective as those above
enumerated

Art. 327. Who are liable for malicious
mischief
MALICIOUS MISCHIEF- the willful damaging
of another’s property for the sake of causing
damage due to hate, revenge or other evil
motive
ELEMENTS:
a.) Offender deliberately caused
damage to other property of
another
b.) That such act does not
constitute arson or other crimes
involving destruction
c.) Act of damaging another’s
property be committed merely
for the sake of damaging it
Art. 328. Special cases of malicious
mischief
1. Causing damage to obstruct the
performance of public functions
2. Using any poisonous or corrosive
substance
3. Spreading any infection or
contagion among title
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
Art. 330. Damage and obstruction to
means of communication
CONECEPT: Damaging any railway,
telegraph or telephone lines
QUALIFYING CIRCUMSTANCE: Derailment
of cars, collision, or other accident
Art. 331. Destroying or damaging statues,
public monuments, or paintings

EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
Art. 332. Persons exempt from criminal
liability
EXEMPTED:
1. Spouses, ascendants, and
descendants, or relatives by
affinity in the same line
2. Widowed spouse with respect to
the property which belonged to
the deceased spouse before the
same passed into the
possession of another
3. Brothers and sisters and
brothers-in-law and sisters-in-
law, if living together
NOTE: Only civil liability
CRIMES INVOLVED IN THE EXEMPTION:
1. Theft
2. Swindling (estafa)
3. Malicious Mischief
CRIMES AGAINST CHASTITY (Arts. 333-
343)
Art. 333 Who are guilty of adultery
ELEMENTS:
a.) Woman is married
b.) She has sexual intercourse with a
man not her husband
c.) As regards the man with whom
she has sexual intercourse, he
must know her to be married
Art. 334. Concubinage
THREE WAYS OF COMMITTING:
1. Keeping a mistress in the
conjugal dwelling
2. Having sexual intercourse, under
scandalous circumstances, with a
woman who is not his wife
3. Cohabiting with her in any other
place
ELEMENTS:
a.) Man must be married
b.) Committed the ff. acts:
1. Keeping a mistress in the
conjugal dwelling
2. Having sexual intercourse
under scandalous
circumstances with a woman
who is not his wife
3. Cohabiting with her in any
other place
c.) As regards the woman, she must
know him to be married


Art. 335. When and how rape is committed
 See Art. 226-A
Art. 336. Acts of lasciviousness
ELEMENTS:
a.) Offender commits any act of
lasciviousness or lewdness
b.) Act of lasciviousness is
committed against a person of
either sex
c.) Done under any of the ff.
circumstance:
1. Using force or intimidation
2. Offended party is deprived of
reason or otherwise
unconscious
3. Means of fraudulent
machination or grave abuse
of authority
4. Offended party is under 12
years of age or is demented
LEWD – obscene, lustful, indecent, lecherous.
It signifies the form of immorality which has
relation to moral impurity; or that which is
carried on wanton manner
SEDUCTION – enticing a woman to unlawful
sexual intercourse by promise of marriage or
other means of persuasion without use of
force
Art. 337. Qualified seduction
TWO CLASSES:
1. Seduction of a virgin over 12
years and under 18 years of age
by certain persons, such as, a
person in authority, priest,
teacher, etc.
2. Seduction of a sister by her
brother, or descendant by her
ascendant, regardless of her age
or reputation
ELEMENTS OF #1:
a.) Offended party is a virgin, which
is presumed if she is unmarried
and of good reputation
b.) She must be over 12 and under
18 years of age
c.) Offender has sexual intercourse
with her
d.) There is abuse of authority,
confidence or relationship on the
part of the offender
Art. 338. Simple seduction
ELEMENTS:
a.) Offended party is over 12 and
under 18 years of age
b.) She must be of good reputation,
single, or widow
c.) Offender has sexual intercourse
with her
d.) Committed by means of deceit
Art. 339. Acts of lasciviousness with
consent of the offended party
ELEMENTS:
a.) Offender commits acts of
lasciviousness or lewdness
b.) Acts are committed upon a
woman who is virgin, single, or
widow of good reputation, under
18 years of age but over 12
years, or a sister or descendant
regardless of her reputation or
age
c.) Offender accomplishes the acts
by abuse of authority,
confidence, relationship, or
deceit.
Art. 340. Corruption of Minors
ELEMENTS:
a.) Offender: any person
b.) Promotes or facilitates the
prostitution or corruption of minors
c.) To satisfy the lust of another
NOTE: R.A. 7610
Art. 341. White slave trade
ACTS PUNISHED:
1. Engaging in the business of
prostitution
2. Profiting by prostitution
3. Enlisting the services of women
for the purpose of prostitution

Art. 342. Forcible abduction
ABDUCTION – the 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 her or corrupt her
ELEMENTS:
a.) Person abducted is any woman,
regardless of her age, civil status,
or reputation
b.) Abduction is against her will
c.) Abduction is with lewd designs

Art. 343. Consented abduction
ELEMENTS:
a.) Offended part must be virgin
b.) Must be over 12 and under 18
years of age
c.) Taking away of the offended party
must be with her consent, after
solicitation or cajolery from the
offender
d.) Taking away of the offended party
must be with lewd designs
Art. 344. Prosecution of the crimes of
adultery, concubinage, seduction,
abduction, rape, and acts of
lasciviousness
1. Adultery and concubinage must
be prosecuted upon complaint
sign by the offended spouse
2. Seduction, abduction, rape or acts
of lasciviousness must be
prosecuted upon complaint
signed by:
a. Offended party
b. Her parents
c. Grandparents
d. Guardians in order in
which they are named
above
Art. 345. Civil liability of person guilty of
crimes against chastity
CIVIL LIABILITY:
1. Indemnify the offended woman
2. Acknowledge the offspring, unless
the law should prevent him from
doing so
3. To support the offspring
Art. 346. Liability of ascendants,
guardians, teachers, or other persons
entrusted with the custody of the offended
party
CONCEPT: The ascendants, guardians,
curators, teachers and any other person who
cooperates as accomplish with abuse of
authority or confidential relationship shall be
punished as principals
CRIMES INVOLVED:
1. Rape
2. Acts of lasciviousness
3. Qualified seduction
4. Simple seduction
5. Acts of lasciviousness with the
consent of the offended party
6. Corruption of minors
7. White slave trade
8. Forcible abduction
9. Consented abduction

CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
Art. 347. Simulation of births, substitution
of ne child for another, and concealment or
abandonment of a legitimate child
ACTS PUNISHED:
1. Simulation of births
2. Substitution of one child for
another
3. Concealing or abandoning any
legitimate child with intent to
cause such child to lose its civil
status
Art. 348. Usurpation of civil status
CONCEPT: Committed when a person
represents himself to be another and assumes
the filiations or the parental or conjugal rights
of such another person

Art. 349. Bigamy
ELEMENTS:
a.) Offender: legally married
b.) Marriage has been legally
dissolved or in case his or her
spouse is absent, the absent
spouse could not ye be presumed
dead according to the Civil code
c.) He contracts a second or
subsequent marriage
d.) Second or subsequent marriage
has all the essential requisites for
validity
Art. 350. Marriage contracted against
provisions of laws
ELEMENTS:
a.) Offender contracted marriage
b.) He knew at the time that –
1. The requirements of the law
were not complied with
2. The marriage was in
disregard of a legal
impediment
Art. 351. Premature marriage
PERSONS LIABLE:
1. A widow who married within 301
days from the date of the death of
her husband, or before having
delivered if she is pregnant at the
time of his death
2. A woman who, her marriage
having been annulled or
dissolved, married before her
delivery or before the expiration of
the period of 301 days after the
date of the legal separation

CRIMES AGAINST HONOR (Arts. 355-364)
Art. 353. Libel
CONCEPT: A public and malicious imputation
of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition,
status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of
one who is dead
DEFAMATION – includes libel and slander;
the offense of injuring a person’s character,
fame or reputation, through false and
malicious statements.
ELEMENTS OF DEFAMATION:
a.) There must be an imputation of a
crime, or of a vice, or defect, real
or imaginary, or any act,
omission, status, or circumstance
b.) Imputation must be made publicly
c.) Must be malicious
d.) Imputation must be directed to a
natural or juridical person, or one
who is dead
e.) Imputation must tend to cause the
dishonor, discredit or contempt of
the person defamed
Art. 355. Libel by means of writings or
similar means
MEANS:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic exhibition
10. Or any similar means
Art. 356. Threatening to publish and offer
to prevent such publication for
compensation
ACTS PUNISHED:
1. Threatening another to publish a
libel concerning him, or his
parents, spouse child, or other
member of his family
2. Offering to prevent the publication
of such libel for compensation or
money consideration
Art. 357. Prohibited publication of acts
referred to in the course of official
proceedings
ELEMENTS:
a.) Offender is reporter, editor, or
manager, of a newspaper
b.) He published facts connected
with the private of life of another
c.) Such facts are offensive to the
honor, virtue and reputation of
said person
Art. 358. Slander
CONCEPT: It is oral defamation
TWO KINDS:
1. Simple slander
2. Grave slander, serious and
insulting in nature
Art. 359. Slander by deed
CONCEPT: A crime against honor which is
committed by performing any cat which casts
dishonor, discredit, or contempt upon another
person
ELEMENTS:
a.) Offender performs any act not
included in any other crime
against honor
b.) Acts is performed in the presence
o another person or persons
c.) Acts casts dishonor, discredit, or
contempt upon offened party
TWO KINDS:
1. Simple slander by deed
2. Grave slander by deed, serious
nature
Art. 360 Persons responsible
PERSONS RESPONSIBLE FOR LIBEL:
1. Person who publishes, exhibits, or
causes the publication or
exhibition of any defamation in
writing or similar means
2. Author or editor of a book or
pamphlet
3. Editor or business manager of a
daily newspaper magazine or
serial publication
4. Owner of the printing plant which
published a libelous article with
his consent and all other persons
who in any way participate in or
have connection with its
publication

Art. 361. Proof of truth
PROOF OF TRUTH ADMISSIBLE IN ANY OF
THE FF.:
1. Act or omission imputed
constitutes a crime regardless of
whether the offended party is a
private individual or a public
officer
2. Offended party is a Government
employee, even if the act or
omission imputed does not
constitute a crime, provided, it is
related to the discharge of his
official duties
Art. 363. Incriminating innocent person
ELEMENTS:
a.) Offender performs an act
b.) Act directly incriminates or
imputes to an innocent person the
commission of a crime
c.) Such act does not constitute
perjury


Art. 364. Intriguing against honor
ELEMENTS:
a.) Offender: any person
b.) Make any intrigue
c.) Purpose is to blemish the honor
or reputation of another person

QUASI-OFFENSES
Art. 365. Imprudence and negligence
COMMITTED IN FOUR WAYS:
1. Committing through reckless
imprudence any act, which, had
it been intentional, would
constitute a grave or light felony
2. Committing through simple
imprudence or negligence an act
which would otherwise constitute
a grave or less serious felony
3. Causing damage to a property of
another through reckless
imprudence or simple
imprudence or negligence
4. Causing through simple
imprudence or negligence some
wrong which, if done maliciously,
would have constituted a light
felony
RECKLESS IMPRUDENCE
- consists in voluntarily, but without
malice, doing or failing to do an act
from which material damage results
by reason of inexcusable lack or
precaution on the part of the person
performing of failing to perform such
act, taking into consideration his
employment or occupation, degree of
intelligence, physical condition and
other circumstanced regarding
persons, time and place
SIMPLE IMPRUDENCE
- consists in the lack of precaution
displayed in those cases in which the
damage impending to be caused is
not immediate nor the danger clearly
manifest

ELEMENST OF RECKLESS IMPRUDENCE:
a.) Offender does or fails to do an act
b.) Doing of or the failure to do that
act is voluntary
c.) It be without malice
d.) Material damage results
e.) There is inexcusable lack of
precaution on the part of the
offender, taking into consideration
–
1. His employment or
occupation
2. Degree of intelligence,
physical condition
3. Other circumstances
regarding persons, time and
place

ELEMENTS OF SIMPLE IMPRUDENCE:
a.) There is lack of precaution on the
part of the offender
b.) Damage impending to be cause is
not immediate or the danger is not
clearly manifest