You are on page 1of 41

ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH SIMILAR

ELEMENT/S
AGGRAVATING/ MITIGATING
CIRCUMSTANCE QUALIFYING/
ABSORBED
Art. 114 - Treason

1. the offender is a Filipino citizen or an alien
living in the Philippines
Filipino citizen- here or in abroad art. 2(5)
alien- only resident aliens
Gray area: what if the resident alien
committed treason abroad?
-gray area: what kind of war? Is civil
war included in the crime of treason?

2. there is a war in which the phil. is involved
3. the offender either :
a) Levies war against the govt.
b) adheres to the enemies, giving them aid or
comfort
- the purpose is to submit the country
to foreign enemy, otherwise the crime
can be REBELLION (see elements
under art. 134)


Art. 115- Conspiracy and
proposal to commit treason


Art. 116 misprision of treason 1. the offender must be owing allegiance to the
govt. and not a foreigner
2. That he has knowledge of any conspiracy
(to commit treason) against the govt.
3. that he conceals or does not disclose and
make known the same as soon as possible to

the governor or fiscal of the province or the
mayor or fiscal of the city in which he resides
Art. 117- Espionage

1st way
1. The offender enters any of the places
mentioned therein
2. That he has no authority therefor
3. His purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines

2nd
1. By offender is a public officer
2. He has in his possession the articles, data or
information referred, to in no. 1 of art. 117, by
reason of public office he holds.
3. The discloses their contents to a
representative of a foreign nation


Art. 118 -inciting to war or
giving motives for reprisals

1. The offender performs unlawful or
unauthorized acts
2. The such acts provoke or give occasion for a
war involving or liable to involve the phil. or

expose Filipino citizens to reprisals on their
person or property.

Art. 119- Violation of
neutrality
1. There is a war in which the Philippines is
not involved
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality.
3. That the offender violates such regulations.



Art. 120- Correspondence in
hostile country

1. That it is in time in which the Philippines is
involved
2. That the offender makes correspondence
with an enemy country or territory occupied by
enemy troops
3. The correspondence is either
a. prohibited by the govt.
b. carried on in ciphers or conventional signs
or
c. containing notice or info which might be
useful to the enemy


Art. 121- flight to enemy's
country
1. There is a war in which the e Philippines is
involved
2. The offender must be owing allegiance to
the govt.
3. The offender attempts to flee or go to the
enemy's country
4. That going to the enemy country is
prohibited by competent authority

CRIMES AGAINST LAW OF NATION
Art. 122. -piracy

1. That the vessel is on the high seas or in the
phil. waters
2. The offenders are not members of its
compliment or passengers of them vessel
-if they are members, the crime is mutiny
3. The offender a) attacks or seizes the vessel,
or b) seizes the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its complement or passenger
* If the act resulted to creating a
widespread and extraordinary fear and
panic among populace, in order to
coerce the government to give in to an
unlawful demand, the crime is
TERRORISM under Human
Security Act.



Art. 123- Qualified piracy

1. The offender committed piracy
2. The following circumstances are present
a. whenever the offenders have seized the

vessel by boarding r firing upon the same
b. whenever the pirates have abandoned their
victims without means of saving themselves
c. whenever the crime is accompanied by
murder, homicide, physical injury, or rape.



Crimes committed in times of war
1. Treason
2. Correspondence with hostile country
3. Flight to enemy's country




TITLE 2- CRIME AGAINST FUNDAMENTAL LAW OF THE STATE
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH SIMILAR
ELEMENT/S
AGGRAVATING/ MITIGATING
CIRCUMSTANCE QUALIFYING/
ABSORBED
Art. 124 - Arbitrary detention 1. the offender is a public officer
2. that he detains a person
3. that the detention is without legal
grounds

Art. 125- delay in the delivery of
detained persons to the proper judicial
authority

1. the offender is a public officer or
employee
2. that he has detained a person for
some legal ground
3. that he fails to deliver a person to
the proper judicial authorities within
a. 12 hrs. for crimes punishable by
light penalties
b. 18 hrs. for crimes punishable by
correctional penalties
c. 36 hrs. for crimes punishable by
afflictive or capital penalties.

art. 126 - delaying release

1. the offender is a public officer or
employee
2. there is a judicial or executive order
for the release of a prisoner or
detention prisoner, or that there is a
proceeding upon a petition for the
liberation of such person

3. the offender, without good reason
delays:
a. the service of notice such order to
the prisoner, or
b. the performance of such judicial or
executive order for the release of the
prisoner
c. the proceedings upon a petition for
the release of such persons
Art. 127- expulsion
Art. 128- violation of domicile
Art. 129- search warrants maliciously
obtained and abuse in the service of
those legally obtained

Art. 130- searching domicile without
witnesses

Art. 131- prohibition, interruption, and
dissolution of peaceful meetings

Art. 132- interruption of religious
worship

Art. 133- offending religious feelings




TITLE IV- CRIMES AGAINST PUBLIC ORDER
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH SIMILAR
ELEMENT/S
AGGRAVATING/ MITIGATING
CIRCUMSTANCE QUALIFYING/
ABSORBED
Art. 134- rebellion or insurrection
Art. 134-A- coup d etat
Art. 135- penalty for rebellion,
insurrection or coup detat

Art. 136- conspiracy and proposal to
commit coup detat, rebellion, or
insurrection

Art. 137- disloyalty of public officers
Art. 138- inciting to rebellion or
insurrection

Art. 139- sedition
Art. 140- penalty for sedition
Art. 141- conspiracy to commit
sedition

Art. 142- inciting to sedition
Art. 143- acts tending to prevent the
meeting of the assembly and similar
bodies

Art. 144- disturbance of proceedings
Art. 145- violation of parliamentary
immunity

Art. 146- illegal assemblies
Art. 147- illegal association
Art. 148- direct assualt
Art. 149- indirect assault
Art. 150- disobidience to summons
issued by the national assembly, its
committees or subcommittees, by the
constitutional commission,

Art. 151- resistance and disobidience
to a person in authority or the agents
of such person

Art. 152- persons in authority and
agents of persons authority

Art. 153- tumults and other
disturbances of public order

Art. 154- unlawful use of means of
publication and unlawful utterances

Art. 155- alarms and scandals
Art. 156- delivering prisoners from jail
Art. 157- evasion of service of
sentence

Art. 158- evasion of service of
sentence on occasion of disorders,
conflagration, earthquakes and other
calamities

Art. 159- other case of evasion of
service of sentence

Art. 160- commission of another crime
during service of penalty imposed for
another previous offense





TITLE V- CRIMES AGAINST PUBLIC INTEREST
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH SIMILAR
ELEMENT/S
AGGRAVATING/ MITIGATING
CIRCUMSTANCE QUALIFYING/
ABSORBED
Art. 161- counterfeiting the great seal
of the govt. of the philippines, forging
the signature or stamp of the chief
executive

Art. 162- using forged signature or
counterfeit seal or stam

Art. 163- making or importing and
uttering false coins

Art. 164- mutilation of coins-
importation and utterance of mutilated
coins

Art. 165- selling of false or mutilated
coin, without connivance

Art. 166- forging treasury or bank
notes or other documents payable to
bearer, importing and uttering such
false or forged notes and documents

Art. 167- counterfeiting, importing,
and uttering instruments not payable
to bearer

Art. 168- illegal possession and use of
false treasury or bank notes and other

document of credits
Art. 169- how forgery is committed
Art. 170- falsification of legislative
document

Art. 171- falsification by public
officer, employee or notary or
ecclesiastical minister

Art. 172- falsification by private
individuals and use of falsified
documents

Art. 173- falsification of wireless,
cable, telegraph, and telephone
messages and use of said falsified
messages

Art. 174false medical certificates,
false certificates of merit or services,
etc.

Art. 175- using of false certificates
Art. 176- manufacturing, importing
and posession of instruments or
implements intended for the
commission of falsification

Art. 177- usurpation of authority or
official duties
Art. 178- using fictitious name and
concealing true name

Art. 179- illegal use of uniforms and
insignia

Art. 180- false testimony against a
defendant

Art. 181- false testimony favorable to
defendant

Art. 182- false testimony in civil cases
Art. 183- fale testimony in other cases
and perjury in someln affirmation

Art. 184- offering false testimony in
evidence

Art. 185- machinations in public
auctions

Art. 186- monopolies and
combinations in restraint of trade

Art. 187- importation and disposition
of falsely marked articles or
merchandise made of gld, silver, or
other precious metals or their alloys

Art. 188- substituting and altering
trademarks, or service marks

Art. 189- unfair competition,
fraudulent registration of tradename,
trademark or service mark, fraudulent
designation of origin and false
description




TITLE VIII- CRIMES AGAINST PERSONS
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH SIMILAR
ELEMENT/S
AGGRAVATING/ MITIGATING
CIRCUMSTANCE QUALIFYING/
ABSORBED

Art. 246- parricide

1. A person is killed
2. That the deceased is killed by the
accused
3. That the deceased is the father,
mother, or child, whether legitimate
or illegitimate, or a legitimate other
ascendant or other descendant, or
legitimate spouse of the accused.

Art. 247- death under exceptional
circumstances

Art. 248- murder 1. A person is killed
2. That the deceased is killed by the
accused
3. That the kiling was attended by any
of the qualifying circumstances
mentioned in art. 248
4. The killing is not parricide or
infanticide

Art. 249- homicide 1. A person is killed
2. The accused killed him without
any of the justifying circumstance
3. The accused had the intention to
kill, which is presumed
4. That the killing was not attended
by any of the qualifying
circumstances of murder, or by that
of parricide or infanticide


Art. 250-
Art. 251- death caused under
tumultuous affray

Art. 252- physical injuries caused
under tumultuous affray
Art. 253- giving assistance to suicide
Art. 254- discharge of firearms
Art. 255- infanticide
Art. 256- intentional abortion
Art. 257- unintentional abortion


Art. 258- Abortion practiced by the
woman herself or by her parents

1. That there is a pregnant woman
who has suffered an abortion
2. That the abortion is intended
3. The abortion is caused by
a. The pregnant woman herself
b. Any other person, with her consent
c. Any of her parents, with her
consent for the purpose of
concealing her dishonor

Art. 259- abortion practiced by a
physician or midwife and dispensing
of abortive
1. That there is a pregnant
woman who has suffered an
abortion
2. That the abortion is intended
3. That the offender, who must
be a physician or midwife,
causes, or assists in causing
the abortion

4. That said physician or
midwife takes advantage of
his or her scientific
knowledge or skill

Art. 260- duel


Art. 261- challenging to a duel
Art. 262. mutilation
Art. 263- serious physical injuries
Art. 264- administering injurious
substances or beverages

Art. 265- less serious physical injuries
Art. 266- slight physical injuries
Art. 266-A - rape 1
st

1. The offender is a man
2. The offender had carnal knowledge
of a woman
3. The such act is accomplished under
any of the following circumstances
a. By using force of intimidation
b. When the offended party is deprived
of reason or otherwise unconscious
* if the intention of the offender is not
to lie or to have sexual intercourse
with the offended woman, it is ACTS
OF LASCIVIOUSNESS


c. By mean of fraudulent machination
of grave abuse of authority
a. When the offended party is under 12
years of age or is demented

2
nd
.
1. That the offender commits an act
of sexual assault
2. That the act of sexual assault is
committed by any of the following
means
a. By inserting his penis into another
persons mouth or anal orifice
b. By inserting any instrument or
object into the genital or anal
orifice of another person
3. That the act of sexual assault is
accomplished under any of the
following circumstances
a. By using force of intimidation
b. When the offended party is
deprived of reason or otherwise
unconscious
c. By mean of fraudulent machination
of grave abuse of authority
d. When the offended party is under
12 years of age or is
demented





TITLE IX- CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH
SIMILAR ELEMENT/S
AGGRAVATING/
MITIGATING
CIRCUMSTANCE
QUALIFYING/
ABSORBED
COMMENTS
ART. 267- KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION
1. That the offender is a private
individual
2. That he kidnaps or detains
another, or in any other
manner deprives the latter of
his liberty
3. That the act of detention or
kidnapping must be illegal
4. That in the commission of the
offense, any of the following
circumstances is present
*the essential element is to
deprive the victim of his
liberty. i.e the detention by
the robbers to its victims to
delay or prevent assistance
being rendered by authorities
is not illegal detention.
*speciic intent is
determinative whether the
crime is kidnapping or not
*if the offender is not a private
individual, the crime is
ARBITRARY DETENTION
(art. 125)
*if the purpose is to bring the
offended party to the authorities,
the offense is UNLAWFUL
ARREST (art. 269)
*if the purpose of the offender is
to enslave such person, the crime
*if the purpose is to extort
money, if is QUALIFIED
AGGRAVATING
*if the victim is killed, the
offense is a SPECIAL
COMPLEX CRIME OF
KIDNAPPING WITH
MURDER
*if the victim is raped, the
offense is a SPECIAL
*it is kinapping if the purpose
is to extort money. It is
serious illegal detention if
any of the 4 circumstances
is present.
*if the ultimate purpose is to
kill a person, the crime is
simple murder, and the
kidnapping is mere incidental
and absorbed in the crime.
a. That the kidnapping or
detention lasts for more
b. than 3 days
c. That it is committed
simulating public authority
d. That any serious physical
injury are inflicted upon the
person or detained or
threats to kill him are made
e. That the person kidnapped
or detained is a minor,
female, or a public officer
*ransom is defined as money,
price or consideration paid or
demanded for redemption of
a captured person or persons,
a payment that releases from
captivity. (keith et al vs. state)
* the is no complex crime of
illegal detention with rape
under art. 48. It is punished
as a special complex crime
under art. 267.
is SLAVERY (art. 272) COMPLEX CRIME OF
KIDNAPPING WITH
RAPE

Art. 268- slight illegal detention 1. That the offender is a private
individual
2. That he kidnaps or detains
another, or in any other
manner deprives the latter of
his liberty
3. That the act of detention or
kidnapping must be illegal
4. That the crime is committed
without the attendance of any
of the circumstances
enumerated in art. 267

Art. 269- unlawful arrest 1. The offender arrests or
detains another person

2. That the purpose of the
offender is to deliver him to
the proper authorities
3. That the arrest or detention is
not authorized by law or there
is no reasonable ground
therefor.
Art. 270- kidnapping and failure
to return a minor
1. That the offender is entrusted
with the custody of a minor
person (whether over or under 7
years of age, but less than 21
years of age.)
2. that he deliberately fails to
restore the said minor to his
parents or guardians

Art. 271- inducing a minor to
abandon his home
1. that a minor is living in the
home of his parents or guardian
or person entrusted with his
custody
2. that the offender induces said
minor to abandon such home

Art. 272- slavery 1. that the offender purchases,
sells, kidnaps, or detains a
human being
2. that the purpose of the

offender is to enslave such
human being
Art. 273- exploitation of child
labor
1. that the offender retains a
minor in his service
2. that it is against the will of the
minor
3. that is under the pretext of
reimbursing himself of a debt
incurred by ascendant, guardian,
or person entrusted with the
custody of such minor.

Art. 274- services rendered under
compulsion in payment of debt
1. That the offender compels a
debtor to work for him, either as
household servant or farm
laborer
2. That it is against the debtors
will
3. that the purpose is to require
or enforce the payment of a debt

CRIMES AGAINST SECURITY
Art. 275- abandonment of
persons in danger and
abandonment of ones own
victim

Art. 276- abandoning a minor 1. That the offender has the
custody of a child
2. that the child is under seven
years of age
3. that he abandons such child
4. that he has no intention to kill
the child when the latter is
abandoned

Art. 277- abandonment of minor
by a person entrusted with his
custody; indifference of parents

Art. 278- exploitation of minor
Art. 279-
Art. 280- trespass to dwelling 1. that the offender is a private
person
2. that he enters the dwelling of
another
3. that such entrance is against
the will of the latter
*if the offender is a public officer
or employee, the crime is
VIOLATION OF DOMICILE
(Art. 129)
*if the offense is committed
by violence or intimidation,
the crime is AGGRAVATED.

Art. 281- other form of trespass 1. that the offender enters the
closed premises or the fenced
estate of another
2. that the entrance is made

while either of them is
uninhabited
3. that the prohibition to enter be
manifest
4. that the trespasser has not
secured the permission of the
owner of the caretaker
Art. 282- grave threats 1. the offender threatens another
person with the infliction upon
the latters person, honor or
property, or upon that of the
latters family, of any wrong
2. that such wrong amounts to a
crime
3. that there is a demand for
money or that any other
conditions is imposed, even
though not unlawful
4. that the offender attains his
purpose.

Art. 283- light threat 1. that the offender makes a
threat to commit a wrong
2. that the wrong does not
constitute a crime

3. That there is a demand for
money or that other condition is
imposed even though unlawful
4. that the offender has attained
his
Art. 284-
Art. 285- other light threats
Art. 286- grave coercion *if the compulsion is INCLUDED
in the constructive element of
force, the crime is ACTS OF
LASCIVIOUSNESS. If the
compulsion is the very act
constituting the same, the crime is
GRAVE COERCION (art. 286)

Art 287- light coercion
Art. 288- other similar coercion
Art. 289- formation, maintenance
and prohibition of combination
of capital or labor through
violence or threats

Art. 290- discovering secrets
through seizure of
correspondence

Art. 291- revealing secrets with
abuse of office

Art. 292- revealing industrial
secrets



Crimes against property


Art. 293- who are guilty of
robbery



Art. 294- robbery with violence
against or intimidation of
persons

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

Art. 296- definition of a band
Art. 297- attempted and
frustrated robbery committed

under certain circumstances
Art. 298- execution of deeds by
means of violence or
intimidation

Art. 299- robbery in an
uninhabited house or public
building or edifice devoted to
worship

Art. 300- robberry in an
uninhabited place and by a
band

Art. 301
Art. 302
Art. 303
Art. 304
Art. 305- false keys
Art. 306- who are brigands
Art. 307- aiding and abetting a
band of brigands

Art. 308- who are liable for
theft

Art. 309- penalties
Art. 310- qualified theft
Art. 311- theft of the propert of
the national museum or
national library

Art. 312- occupation of real
property or usurpation of real
rights in property

Art. 313- altering boundaries or
landmarks

Art. 314- fraudulent insolvency
Art. 315- swindling
Art. 316- other forms of
swindling

Art. 317- swindling a minor
Art. 318- other deceits
Art. 319- removal, sale or
pledge of mortgaged property

Art. 320- destructive arson
Art. 321- other forms of arson
Art. 322- case of arsons not
included in the preceeding
articles

Art. 323- arson of property of
small value

Art. 324- crimes involving
destruction

Art. 325- burning ones own
property as means to commit
arson

Art. 326- setting fire to
property exclusively owned by
the offender

Art. 326-A in cases where
death reseulted as a
consequence of arson

Art. 326-B prima facie
evidence of arson

Art. 327- who are liable for
malicious mischief

Art. 328- special case of
malicious mischief

Art. 329- other mischief
Art . 330- damage and
obstructions to means of
communication

Art. 331- destroying or
damaging statues, public
monuments, or buildings

Art. 332- persons exempt from
criminal liability

















TITLE XI- CRIMES AGAINST CHASTITY
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH
SIMILAR ELEMENT/S
AGGRAVATING/
MITIGATING
CIRCUMSTANCE
QUALIFYING/
ABSORBED
COMMENTS
Art. 333- Adultery 1. The woman is married
2. That she has sexual intercourse
with a man not her husband
3. That as regards the man with
whom she has sexual
intercourse, he must know her
to be married
*offended party must be legally married AT
THE TIME of the criminal case (Pilapil vs
Ibay-Somera)
*invalidity of marriage is NOT a defense
*this felony is a PRIVATE CRIME
*adultery can be committed by a MAN (see
element no. 3)
*both the man and woman must be
prosecuted (Rule 110, Sec. 5, ROC)
*each sexual intercourse consitutes the
crime of adultery
*the gist of adultery is the danger of
introducing spurious heirs into the family
*CONSENT of the husband is a valid
defense
*no accomplice in adultery
-if element no. 1 is not present,
and she has sexual intercourse
with a married man, the crime
can be CONCUBINAGE
*Abandonment without
justification by the offended
spouse is a MITIGATING
CIRCUMSTANCE
*SHEER NECESSITY is a
MITIGATING
CIRCUMSTANCE (people
vs alberto)
* if a woman has sexual
intercourse with another
woman, no crime of
adultery is committed
Art. 334- Concubinage

1. The man must be married
2. That he committed any of the
following acts
a. Keeping a mistress in the
conjugal dwelling
b. Having sexual intercourse
under scandalous
circumstances with a
woman who is not his wife
c. Cohabiting with her in any
other place
3. That as regards the woman, she
must know him to be married

*it is not necessary that the woman is taken
by the accussed into the conjugal dwelling
as a concubine (People vs Bacon)
*there are 3 ways of commtting cocubinage
*this felony is a private crime
*concubinage can be committed by a
WOMAN (see element no. 3)
*both the man and woman must be
prosecuted (Rule 110, Sec. 5, ROC)

*if the man is not married, and
has sexual intercourse with a
married woman, the crime can
be ADULTERY
*there is no express
provision that invalidity
of marriage is not a
defense unlike in
adultery. Therefore,
following the principle
of casus omissus,
invalidity of marriage
can be a defense to avoid
prosecution of
concubinage
Art. 335- rape ( repealed)
see 266-A
*rape is now a crime against persons, hence,
it is NOT A PRIVATE CRIME
ANYMORE

Art. 336- acts of
lasciviousness
1. That the offender commits any
acts of lasciviousness of
lewdness.
2. That the acts of lasciviousness
is committed against a person
of either sex
3. That it is done under any of the
following circumstances:
a. By using force of
*the offended party is either a man or a
woman. But in consented acts of
lasciviousness (art. 339), the offended party
is only a woman
*this felony is a PRIVATE CRIME
*motive of lascivious acts is not important
because the essence of lewdness is in the
very act itself.
* if the intention of the offender
is to lie or to have sexual
intercourse with the offended
woman, it is ATTEMPTED
RAPE
*when there element no. 1 is
absent, such that the act was a
result of passion or other
motive, the crime is UNJUST
*it can be inferred from
the cases that the
difference between acts
of lasciviousness and
unjust vexation is that in
the latter, the crime is
usually done in public,
so that the element of
lewdness is usually
intimidation
b. When the offended party is
deprived of reason or
otherwise unconscious
c. By mean of fraudulent
machination of grave abuse
of authority
4. When the offended party is
under 12 years of age or is
demented
*no attempted or frustrated acts of
lasciviousness
VEXATION (art. 287 par. 2)
*if the compulsion is
INCLUDED in the constructive
element of force, the crime is
acts of lasciviousness. If the
compulsion is the very act
constituting the same, the crime
is GRAVE COERCION (art.
286)
eliminated.
Art. 337- Qualified
seduction
1. That the offended party is a
virgin
2. That she must over 12 and
under 18 yrs. of age
3. That the offender has sexual
intercourse with her
4. That there is abuse of
authority, confidence or
relationship on the part of the
offender
*virginity is presumed if she is unmarried
and of good reputation.
*deceit is not an element of qualified
seduction
*the sexual intercourse in
element no. 3 must be with the
consent of the offended party,
otherwise, the crime is RAPE
*if element no. 2 is not present,
such that the offended party is
under 12 years old, the crime is
RAPE, whether the offended
party consented or not.
*if elements no. 1 and/or 4
is/are not present, the offense
can be CHILD
PROSTITUTION AND
OTHER SEXUAL ABUSE
under sec. 5 of R.A. 7160.

Art. 338- simple
seduction
1. The offended party is over 12
and under 18 years of age
2. That she must be of good
reputation, single or widow
3. That the offender has sexual
intercourse with her
4. That it is committed by means
of deceit


Art. 339- acts of
lasciviousness with the
consent of the offended
party
1. That the offender commits acts
of lasciviousness or lewdness
2. That the acts are committed
upon a woman who is a virgin
or single or widow of good
reputation, under 18 yrs of age
but over 12 years or a sister or
descendant regardless of her
reputation or age
3. That the offender accomplishes
the acts by abuse of authority,
confidence, relationship, or
deceit.


Art. 340- corruption of
minors


Art. 341- white slave
trade

Art. 342- forcible
abduction

1. That the person abducted is a
woman, regardless of her age,
civil, status, or reputation.
2. That the abduction is against
her will.
3. That the abduction is with
lewd design


Art. 343- abduction with
the consent of the
offended party

1. That the offended party must
be a virgin
2. That she must be over 12 and
under 18 yrs. of age
3. That the taking away of the
offended party must be with
her consent, after solicitation
or cajolery from the offender
4. That the 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




Felonies when the offended party must be a
virgin
Feleonies when the offended party must be
over 12 and under 18 yrs. of age
Felonies when the offended party is only a
woman
Art. 337- qualified seduction Art. 337- qualified seduction Art. 337- qualified seduction
N/A Art. 338- simples seduction Art. 338- simples seduction
Art. 339- acts of lasciviousness with the
consent of the offended party
Art. 339- acts of lasciviousness with the
consent of the offended party
Art. 339- acts of lasciviousness with the
consent of the offended party
N/A N/A Art. 342- forcible abduction
Art. 343- abduction with the consent of the
offended party
Art. 343- abduction with the consent of the
offended party
Art. 343- abduction with the consent of the
offended party





TITLE XII CRIME AGAINST CIVIL STATUS OF PERSONS
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH
SIMILAR ELEMENT/S
AGGRAVATING/
MITIGATING
CIRCUMSTANCE
QUALIFYING/ ABSORBED
COMMENTS
Art. 347- simulation of births,
substitution of one child of
another and concealment or
abandonment of a legitimate
child


Art. 348- usurpation of civil
status

Art. 349- bigamy 1. That the offender has
been legally married
2. That the marriage has not
been legally dissolved or
in case his or her spouse
is absent, the absent
spouse could not yet be
presumed dead according
to the civil code
3. The he contracts a second
or subsequent marriage
4. That the second or
subsequent marriage has

all the essential requisites
for validity

Art. 350- marriage contracted
against the provisions of law
1. That the offender
contracted marriage
2. The he knew at the time
that
a. The requirements of
law were not
complied with, or
b. The marriage was in
disregard of legal
impediment


Art. 351- premature marriages

Art. 352- performance of
illegal marriage ceremony






TITLE XIII- CRIME AGAINST HONOR
ARTICLE ELEMENTS IMPORTANT NOTES OTHER CRIMES WITH SIMILAR
ELEMENT/S
AGGRAVATING/ MITIGATING
CIRCUMSTANCE QUALIFYING/
ABSORBED
Art. 353- definition of libel 1. That there must be an imputation
of a crime, or of a vice or defect,
real or imaginary, or any act,
omission, status or circumstance
2. That the imputation must be made
publicly
3. That it must be malicious
4. That the imputation must be
directed to a natural or juridical
person, or one who is dead
5. That the imputation must tend to
cause the dishonor, discredit or
contempt of the person defamed

Art. 354-
Art. 355- libel by means of writings or
similar means

Art. 356- threatening to publish and
offer to prevent such publication for a
compensation

Art. 357- prohibited publication of
acts referred to in the course of official
1. That the offender is a reporter,
editor, or manager of a newspaper

proceedings daily or magazine
2. That he publishes facts connected
with the private life of another
3. That such facts are offensive to the
honor, virtue and reputation of said
person
Art. 358- slander
Art. 359- slander by deed 1. That the offender performs any act
not included in any other crime
against honor
2. That such act is performed in the
presence of other person or persons
3. That such act casts dishonor,
discredit, or contempt upon the
offended party

Art. 360-
Art. 361-
Art. 362
Art. 363- incriminating innocent
persons
1. The offender performs an act
2. That by such act he directly
incriminates or imputes as to an
innocent person the commission of
a crime
3. That such act does not constitute

perjury
Art. 364- intriguing against honor

You might also like