CRIMES AGAINST PERSON

(TITLE 8)
Parricide (Art 246)
Element

2. Accused killed him w/o any justifying

circumstance
3. Accused had INTENT TO KILL
4. Killing was not attendant by the qualifying
circumstance of murder, parricide and
infanticide

1. Persons is killed
2. Accused killed the deceased
3. Deceased is the father, mother or child
Whether Legit or Illegitimate, or a legitimate
other ascendant, or descendants or legitimate
spouse of the accused
Death or Physical injuries inflicted under
exceptional circumstance (Art 247)
Element
1. A legally married person or parent surprises
his spouse of his daughter under 18 and living
with him, in the act of committing sexual
intercourse with another person
2. He or she kills any or both, of them or inflict
upon them serious physical injuries in the act
or immediately thereafter
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or he or
she does not consented to the infidelity of
other spouse
Murder (Art 248)
Elements
1. Person was killed
2. Accused killed him
3. Killing was attended by any of the qualifying
circumstance mentioned
4. Killing is not parricide or infanticide
Homicide (Art 249)
Elements
1. Person was killed

Death caused in tumultuous affray (Art

251)
Element
1. There be several persons
2. They did NOT compose groups organize for
purpose of assaulting and attacking each other
3. Several persons quarrelled and assaulted
one another in a confused and tumultuous
manner
4. Someone was killed
5. It cannot be ascertained who actually killed
the deceased
6. The persons who inflicted SERIOUS physical
injuries or who used violence can be identified
Physical injuries inflicted in a tumultuous
affray (Art 252)
Elements
1. There is a tumultuous affray
2. Some participants suffer serious physical
injuries or less serious physical injury
3. Persons responsible thereof cannot be
identified
4. All those who used violence upon the
offended party are known
Giving assistance to suicide (Art 253)
Acts punishable:
1. Assisting anther to commit suicide, whether
consummated or not
2. Lending his assistance to another to commit
suicide to the extent of doing the killing
HIMSELF.

Discharge of firearm (Art 254)

Elements
1. Offender discharge a firearm against another
2. Offender has no intention to kill

1. There is pregnant woman who suffered an

abortion
2. Abortion is intended
3. Abortion is caused by:
a. pregnant woman herself
b. other persons w/ her consent

Infanticide (Art 255)

Elements

c. of her parents w/ her consent for

purpose of
concealing her dishonour

1. Child was killed

Abortion practiced by a physician or

midwife and dispensing of abortive (Art
259)

2. Deceased child is less than 3 days of age

Elements

3. Accused killed the child

1. There is a pregnant woman who suffered an

abortion

Intentional Abortion (Art 256)

Elements

2. Abortion is intended

1. There is a pregnant woman

3. Offender is physician or midwife, causes or

assists in causing the abortion

2. Violence is exerted, or drugs or beverages

administered or accused otherwise acts upon
the pregnant woman

4. Physician or midwife takes advantage of his

scientific knowledge and skill

3. The result is that the foetus dies either in the

womb or after having expelled
4. Abortion is intended
Unintentional Abortion (Art 257)
Elements

***For Pharmacist
1. Offender is a Pharmacist
2. There is no proper prescription from a
physician
3. Offender dispenses any abortive

1. There is a pregnant woman

Responsibility of participant in a duel (Art

260)

2. Violence is used to a pregnant woman

without intending an abortion

Acts punishable:

3. Violence is intentionally exerted

4. As a result of violence the foetus dies, either
in the womb or after having been expelled
therefrom
Abortion practiced by the woman herself
or by her parents (Art 258)
Elements

1. Killing ones adversary

2. Inflicting on ones adversary a physical injury
3. By making combat although no physical
injury have been inflicted
Challenging a duel (Art 261)
Acts punishable:
1. Challenging another to a duel

2. Inciting another to give or accept a

challenge to duel
3. By scoffing or decrying another publicly for
having refused a challenge to fight a duel

3. Victim is offenders parents, ascendants,

descendants, guardian, curator or teacher or
person of same rank or person in authority
provided the crime is not direct assault
Slight Physical Injuries (Art 266)
Three kinds of Slight Physical Injuries
1. Physical injury which incapacitated the
offended party for labor from 1-9 days or
required medical attendance of the same
period

Mutilation (Art 262)

Elements
1. There be a castration, that is mutilation of
organs necessary for generations (penis or
ovarium)
2. Mutilation is caused purposely and
deliberately, to deprive the offended party of
some essential organs for reproduction.

2. Physical injury which did NOT incapacitated

the person from labor nor required medical
attendance
3. Ill treatment without causing any injury
Rape (RA 8357)
How is rape committed:

Serious Physical Injuries (Art 264)

1) By a man who shall have carnal knowledge

of a woman under any of the following
circumstances:

It is committed by:

a) Through force, threat, or intimidation;

1. Wounding

b) When offended party is deprived of reason

or otherwise unconscious;

2. Assaulting
3. Administering injurious substance
4. Beating
Less Serious Physical injuries (Art 265)
Matters to be noted:

c) By means of fraudulent machination or

grave abuse of authority; and
d) When the offended party is under twelve
(12) years of age or is demented, even though
none of the circumstances mentioned above be
present.

2. Physical injuries must not be those described

in the preceding articles

2) By any person who, under any of the

circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth
or anal orifice, or any instrument or object, into
the genital or anal orifice of another person.

Qualified LSP:

Elements (Par 1)

1. When there is intent to insult or offend the

injured

1. Offender is a man

1. 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

2. There is circumstance adding ignominy to

the offense

2. Offender had carnal knowledge of a woman

3. Act is accomplished under the following
circumstance

a) Using Force, or intimidation

or

b) When woman is deprived of reason

unconscious

c) By fraudulent machinations or grave

abuse of
authority
d) When woman is under 12 or
demented
Elements (Par 2)

4. In the commission of the offense the

following circumstance are present:
a) Kidnap or detention last for more
than 3 days
b) It is committed simulation public
authority
c) Serious physical injuries are inflicted
upon the
victim or threat to kill
him are made

1. Offender commits an act of sexual assault

2 Act of sexual assault is COMMITED by the
following:
a) By inserting his penis to anothers
mouth or
anal orifice
b) By inserting instrument or object
into the
genital or anal orifice
of another
3. Act of sexual assault is ACCOMPLISHED
under the following circumstance:
a) Using Force, or intimidation

or

b) When woman is deprived of reason

unconscious

minor,

d) Person kidnaped or detained is a

female or public officer

Slight Illegal Detention (Art 268)

Elements
1. Offender is private individual
2. He kidnaps or detains another or in any
manner him of his liberty
3. Act of kidnapping and detention is illegal
4. Crime is committed without attendance of
circumstance mentioned in Art. 267
Unlawful Arrest (Art 269)
Elements

c) By fraudulent machinations or grave

abuse of
authority

1. Offender arrest or detains another

d) When woman is under 12 or

demented

2. Purpose of the offender is to deliver him to

the proper authorities

CRIMES AGAINSPERSONAL
LIBERTY AND SECURITY
(TITLE 9)
Kidnapping and serious illegal detention
(Art 267)
Elements
1. Offender is private individual
2. He kidnaps and detains another or deprives
the latter of his liberty
3. Act of detention or kidnapping is illegal

3. Arrest or detain is not authorized by law or

no reasonable grounds
Kidnapping and failure to return a minor
(Art 270)
Elements
1. Offender is entrusted with the custody of a
minor (1-21)
2. He deliberately fails to restore the minor to
his parents or guardian
Inducing a minor to abandon his home
(Art 271)
Elements

1. Minor is living in the home of his parents,

guardians or person entrusted with custody (18
below RA6809)

Elements

2. Offender induces the minor to abandon the

home

2. Accused found a person wounded or in a

danger of dying

Slavery (Art 272)

3. Accused can render assistance w/o

detriment to himself

Elements

1. Place is not inhabited

4. He fails to renderassistance

1. Offender purchases, sells, kidnap or detain a

human being (PKSD)

Abandoning a minor (Art 276)

2. Purpose of offender is to enslave

Elements

Exploitation of Child Labor (Art 273)

1. Offender has custody of child

Elements

2. Child is under 7 years old

1. Offender retains a minor in his service

3. He abandons the child

2. It is against the will of the minor

4. He has no intent to kill the child when the

latter is abandoned

3. It is under the pretext of reimbursing himself

of a debt incurred by an ascendants, guardian
or person entrusted with the custody of a
minor

Service rendered under compulsion in

payment of debt (Art 274)
Elements
1. Offender compels a debtor to work for him
either as house hold or farm labourer

Abandonment of minor by person

entrusted with his custody; indifference
of parents (Art 277)

2. It is against the debtors will

Elements of abandonment of minor by one

charged with rearing or education of minor
(Under 18)

3. Purpose is to require/enforce payment of

debt

1. Offender has charge of rearing or education

of minor

Abandonment of person in danger or

abandonment of ones own victim (Art
275)

2. He delivers the minor to a public institution

or other person

By failing to render/give assistance to any

person whom the offender finds in an
uninhabited place wounded or in danger of
dying when he can render such assistance w/o
detriment to himself unless such omission shall
constitute a serious offence

3. The one who entrusted the child to the

offender has not consented or in his absence
the proper authority have not consented
Elements of indifference of parents
1. Offender is a parent

2. He neglects the child by not giving him

education

1. Offender enters close premises or fenced

estate

3. His station in life requires education and his

financial condition permits it

2. Entrance was made while it is uninhabited

Exploitation of minors (Art 278)

Acts Punishable (CEEDI)
1. By causing a child under 16 to perform
dangerous feat of balancing, physical strength,
or contortion

3. Prohibition to enter is manifest

4. Trespassers has not secured the permission
of the owner or caretaker
Grave threats (Art 282)
Elements of grave threat where offender
attained his purpose

2. By employing child under 16, not a children

or descendants of the offender in exhibition of
acrobat, gymnast, rope walker, diver or wild
animal tamer, offender being engage in said
calling

1. Offender threatens another, with infliction

upon his person, honor, property or family, any
wrong

3. By employing a descendant under 12, in a

dangerous exhibition mentioned in the next
preceding paragraph, offender being engage in
said calling

3. There is demand for money or other

conditions is impose even though lawful

4. By delivering a child under 16, to a person

following any calling enumerated in paragraph
2 or to a habitual vagrant or beggar, offender
being ascendant, guardian, or person entrusted
with care of the child
5. By inducing child under 16, to abandon the
home of his ascendants, guardians, curator to
follow any person engage in the calling
mentioned in paragraph 2 or to accompany any
vagrant or beggar

2. Such wrong amounts to crime

4. Offender attains his purpose

Elements of grave threats not subject to a
condition
1. Offender threatens another, with infliction
upon his person, honor, property or family, any
wrong
2. Such wrong amounts to crime
3. Threat is not subject to conditions

Qualified trespass (Art 280)

Elements
1. Offender is private person
2. He enters the dwelling of another
3. Such entrance is against the latters will
Other form of trespass (Art 281)
Elements

Light threats (Art 283)

Elements
1. Offender makes threat to commit wrong
2. The wrong does not constitute a crime
3. There is a demand for money or other
condition is imposed even though not unlawful

4. Offender has attained or not attained his

purpose

1. Offender is any person of any association or

corporation

Other Light threats (Art 285)

2. He or the corporation employed laborers

Acts punishable:

3. He forces or compel any of his labourer to

purchase merchandise or commodities of any
kind from him or from the corporation

1. By threatening another with a weapon, or by

drawing such weapon in a quarrel unless it is a
lawful self-defense
2. By orally threatening another, in a heated
anger with some harm constituting crime
without persisting in the idea involved in his
threat
3. By orally threatening to do any harm not
constituting a felony
Grave coercions (Art 286)
Elements
1. A person prevented another from doing
something not prohibited by law or he
compelled him to do something against his will,
be it right or wrong
2. Prevention or compulsion be effected by
violence, intimidation or threat (VIT)
3. Person that restrained the will or liberty of
another had no authority of law or no right to
do so
Light coercion (Art 287)

Elements # 2
1. Offender pays the wages due to the labourer
employed by him by means of token or object
2. Those token or object are other than a legal
tender currency of the Philippines
3. Employee or labourer does not expressly
request that he be paid by means of token or
object
Discovering secrets through seizure of
correspondence (Art 290)
Elements
1. Offender is a private individual or a public
officer not in the exercise of his official function
2. He seizes the papers or letter of another
3. Purpose is to discover the secret of another
4. Offender is informed of the contents of the
paper or letter

Elements

Revealing secret with abuse of office (Art

291)

1. Offender is creditor

Elements

2. He seize anything belonging to his debtor

1. Offender is manager or employee

3. Seizure is accompanied by means of

violence

2. He learns the secret of his principal or

master in such capacity

4. Purpose is to apply the same as payment of

debt

3. He reveals the secret

Other similar coercion (Art 288)

Elements # 1

Revelation of industrial Secret (Art 292)

Elements
1. Offender is a person in charge or employee
of a manufacturing or industrial establishment
2. He learned the secret of industry of the
manufacturing or industrial establishment
3. Offender reveals the secret
4. Prejudice is caused to the owner

CRIMES AGAINST
PROPERTY
(TITLE 10)

Execution of deeds by means of violence

or intimidation (Art 298)
Elements (DCVI)
1. Offender has intent to defraud another
2. Offender compels him to sign, execute, or
deliver any public document
3. Compulsion is by means of violence of
intimidation

Who are guilty of robbery (Art 293)

Robbery in an INHABITED house or

PUBLIC building or edifice devoted to
worship (Art 299) Robbery with force
upon things

Elements (PUI VIF)

Elements of Subdivision A (EE obff T)

1. There be a personal property belonging to

another

1. Offender entered an inhabited house or

public building or edifice devoted for religious
worship

2. There is unlawful taking

2. Entrance was effected by:

3. With intent to gain

4. There is violence or intimidation against a
person or force upon things
Robbery with violence against or
intimidation of persons (Art 294)
Elements of robbery under second case of par
4 of Art 294
1. Any of the physical injuries defined in par 3
and 4 of Art 263 was inflicted in the COURSE
OF robbery

a. Opening not intended for entrance

b. By Breaking walls, roof, floor, door or
window
c. By using false keys, picklocks or
similar tools
d. By using fictitious names or
pretending the
exercise of public
authority
3. Once inside the building, offender took
personal property of another w/ intent to gain

2. It was inflicted upon any person NOT

RESPONSIBLE for the commission of robbery

Elements of Subdivision B (IT bo)

Definition of a band and penalty incurred

by the members thereof (Art 296)

1. Offender is INSIDE a dwelling house, public

building or edifice devoted for religious worship

Elements of liability of other members of the

band (MPAP)

2. Offender takes personal property of another

with intent to gain by the following
circumstance

1. He is a member of the band

2. He was present in the commission of robbery

a. Breaking doors, wardrobe, chest or

any kind of
locked furniture

3. Other members committed an assault

4. He did not Attempt to prevent the assault

broken

b. By taking the furniture away to be

outside the place of robbery

b. Kidnap for purpose of Ransom or

Extortion
Robbery in an UNINHABITED place or
PRIVATE building (Art 302) Robbery with
force upon things
Elements (UC ebfbb I)
1. Offender entered an uninhabited place or a
building which is NOT a dwelling house, public
building or an edifice intended for religious
worship
2. Any of the following circumstance is present:

not

a. Entrance is effected by an opening

intended for ingress
b. By breaking of wall, roof, flood, door,

window
c. By using False keys or picklocks

c. To attain by means of force or

violence any
other purpose

Aiding and abetting a band of brigands

(Art 307)
Elements (BKA amp)
1. There is a band of robbers
2. Offender knows the band to be brigands
3. Offender does any of the following acts
a. He aids, abet or protect the band
b. He gives them information of the
movement
of police
c. He receives property from them

d. By breaking a door, wardrobe, check

or any
kind of locked furniture (no
need to force an
entrance)

Theft (Art 308)

e. By taking the furniture away to be

broken
outside the place of robbery
(no need to force
an entrance)

1. There is a taking of personal property

belonging to another

3. With intent to gain, offender took a personal

property of another
Who are Brigands/Highway robbers (Art
306)

Elements (TIA)

2. With intent to gain and without the consent

of the owner
3. Taking is accomplished WITHOUT violence or
intimidation or use of force upon things

Elements of Highway Robbery PIP

Hunting, fishing, or gathering fruits in

enclosed estate (Paragraph 3, Art 208)

1. Robbery should take place in Philippine

Highway

Elements (EEHW)

3. Victim was not premeditated

1. There is an enclosed estate or a field where

trespass is forbidden or which belongs to
another

Elements of Brigandage (4BP rko)

2. Offender enters the same

1. At least 4 armed persons

3. Offender hunts or fish or gather fruits or

other farm product in the estate or field

2. Robbery must be indiscriminate

2. They formed a Band

3. Purpose is any of the following
a. Commit robbery in highway

4. Hunting, fishing or gathering of product is

without the consent of the owner

1. Offender is a debtor
2. He abscond (Leave or hide) with his property
3. There is prejudice to the creditor

Anti Fencing law PD1612

Elements CBuKI
1. Crime of robbery or theft has been
committed
2. Accused not a principal or accomplice in the
crime Buys, Possess, Acquire, Sell or Dispose of
any article, object or item which has been
derived from the proceed of crime

Estafa (Art 315)

Element in general (DD)
1. Accused defraud another a) by abuse of
confidence or b) by means of deceit

3. Offender Knows that the said articles, items

or object are proceed of the crime of robbery or
theft

2. Damage of pecuniary estimation is caused

to the offended party

4. There is intent to gain for himself or another

Element of estafa with unfaithfulness (OAD)

Occupation of real property or usurpation

of real rights property (Art 312 USURPATION)

1. Offender has an onerous obligation to deliver

something of value

Element (TU VI G)
1. Offender takes possession of real property or
usurp any real rights property belonging to
another
2. Violence or intimidation is used by the
offender
3. There is intent to gain
Altering boundaries or landmarks (Art 313
- USURPATION)
Elements (BmA)

2. He alters the substance quality or quantity

3. Damage is caused to another
Element of estafa with abuse of confidence
under subdivision 1, paragrapg (b) of Art. 315
(RMPD)
1. Money, other personal property or goods is
received by offender in trust or on commission,
administration or under any obligation to
deliver/return the same
2. There is misappropriation or conversion of
such MOG or denial on his part of such receipt
3. There is prejudice to another

1. There be a boundary mark or monument of

town, provinces or estate or other marks
intended to designate boundaries

4. There is demand made by the offended

party to the offender

2. Offender alters the boundary mark

Elements of estafa by taking advantage of the

signature in blank (BDeWD)

Fraudulent Insolvency (Art 314

CULPABLE INSOLVENCY)
Element DAP

1. Paper with signature of offended party be in

blank
2. Offended party delivered it to the offender

3. Above the signature of the offended party a

document is written by the offender w/o
authority
4. document so written creates a liability, or
damage to the offended party or third person

Element Estafa by removing, concealing or

destroying document (DRD)
1. There be a court record, office files,
document or any other paper
2. Offender Remove, conceal, destroy any of
them
3. He has intent to defraud another

Elements of Estafa by means of deceit

(subdivision No. 2 and 3) (FPReD)
1. There must be a fraudulent act or fraudulent
means
2. fraudulent act or fraudulent means must be
made prior to or simultaneously with the
commission of the fraud
3. Offended party must relie on the fraudulent
act or fraudulent mean that is he was induced
to part with his money or property because of
fraudulent act or fraudulent means.
4. Offended party suffered a damage
Elements of Estafa by postdating a check or
issuing a check in payment of an obligation
(subdivision No. 2 [d]) (PoDo)
1. Offender postdated a check or issue a check
in payment of obligation
2. Check was DONE when offender had no
funds in the bank or his funds deposited were
not sufficient to cover the amount of the check
Element Estafa by inducing another to sign any
document (IDPP)
1. Offender INDUCED offended party to sign a
document
2. Deceit is employed to make him sign the
document
3. Offended party PERSONALLY sign the
document
4. PREJUDICE is caused

Other form of swindling (Art 316)

Element of pretending to be the owner of a real
property shall sell or mortgage the same (IREP)
1. The thing be Immovable
2. Offender represents that he is the owner but
in fact not
3. Offender executed an act of ownership
4. Act is made to prejudice the owner
Element of disposing real property as free from
encumbrance, although such encumbrance is
not registered (RKED)
1. Thing disposed is real property (Immovable)
2. Offender knew that real property is
encumbered or encumbrance is not recorded
3. There is express representation by offender
that real property is free from encumbrance
(GM)
4. The act of disposing made damage to
another
Element of owner wrongfully taking his
personal property to the lawful possessor
(OLWP)
1. Offender is the owner of the property

2. Personal property is in lawful possession of

another
3. Offender wrongfully takes it from the lawful
possessor
4. Prejudice is caused to the possessor or 3 rd
person

4. Removal is permanent
5. There is no written consent of the
mortgagee or administrator
Elements of selling personal property already
pledged (PSC)
1. Personal property is already pledged

Element of by selling or mortgaging real

property with which the offender guaranteed
the fulfilment of his obligation (SGMA)

2. Offender (Mortgagor) sells or pledges the

same

1. Offender is a surety in a bond in criminal or

civil

3. There is no consent to the mortgagee

written on the back of the mortgage and noted
on record in the office of the registry of deeds

2. He guaranteed the fulfilment of obligation

with his real property
3. He sells, mortgage or encumber the real
property
4. Without express authority to the court, made
before cancellation of his bond or before being
relived in the obligation

Swindling of a minor (Art 317)

Element (FICD)
1. Offender takes advantage of inexperience or
emotion or feeling of a minor
2. He induce the minor to assume obligation or
execute a transfer of property
3. The consideration is loan credit or personal
property
4. Transaction is detriment to the minor
Removal, sale or pledge of mortgage
property (319)
Elements (PKRPC)

Crimes involving destruction (Art 324)

Elements (CM)
1. Offender cause destruction
2. Destruction is caused by any of the following
means: (TEDS DOC)
a. Explosion
b. Discharge of electric current
c. Inundation, sinking of a vessel, or
intentional
damage of vessel
d. Taking up rails from railway tracks
e. Maliciously changing railway signals

1. Personal property is mortgage (under chattel

mortgage law)

f. Destroying telegraph wires and

telegraph post

2. Offender knows the property is mortgage

g. Using any other means of

destruction

3. He removed such mortgage property to any

province or city

Malicious Mischief (Art 327)

Elements (DAD)
1. Offender deliberately cause damage to
anothers property
2. Act does not constitute arson or other crimes
involving destruction
3. Damaging anothers property is committed
for the sake of damaging (HOR)

CRIMES AGAINST
CHASTITY
(TITLE 11)
Adultery (Art 333)
Elements (MSK)
1. Woman is married
2. She had sexual intercourse with a man not
her husband
3. Man whom she had sexual intercourse must
know her to be married

1. Offender commits any act of lasciviousness

of lewdness
2. Acts of lasciviousness is committed against a
person of either sex
3. It is done by any of the following
circumstances: (UDA12)
a. By using force or intimidation
b. When offended party is deprived of
reason or
unconscious
c. By means of fraudulent machination
or grave
abuse of authority
d. Offended party is under 12 years or
demented
Qualified Seduction (Art 337)
Element of seduction of a virgin (V 12-18 SA)
1. Offended party is a virgin (unmarried and in
good reputation)
2. Must be over 12 but under 18
3. Offender had sexual intercourse with her
4. There is abuse of authority, confidence or
relationship on the part of offender

Concubinage (Art 334)

Elements: (MCK)
1. Man is married
2. He committed any of the following acts:
(KSC)
a. Keeping a mistress in the conjugal
dwelling
b. Having sexual intercourse in a
scandalous
manner to a woman
not his wife
c. He cohabited with her in any place
3. She must know him to be married
Acts of lasciviousness (Art 336)
Elements: (LCD)

Simple Seduction (Art 338)

Elements (12-18 GSD)
1. Offended party is over 12 and under 18
2. She must be of good reputation, single or
widow
3. Offender had sexual intercourse with her
4. Committed by means of deceit
Acts of lasciviousness with the consent of
the offended party (Art 339)
Elements (LVC)
1. Offender commits acts of lasciviousness

2. Act are committed upon a woman who is a

virgin, single, widow of good reputation, over
12 and under 18 or sister or descendant
regardless of reputation or age (VSW 12-18
S/D)
3. Offender accomplished the act by abuse of
authority, confidence, relationship or deceit
(CARD)
Forcible abduction (Art 342)
Elements (WAL

3. Concealing or abandoning any legitimate

child with intent to cause child to lose its civil
status: (LAI)
a. Child must be legitimate
b. Offender conceals or abandons a
child
c. Offender has intent to cause the
child to lose
its civil status (turn
to illegitimate)
Bigamy (Art 349)

1. Person abducted is a woman, regardless of

her age, civil status or reputation

Elements (LDSE)

2. Against her will

1. Offender is legally married

3. Abduction is with lewd design

Consented Abduction (Art 343)

2. His marriage is not legally dissolved, or in

case of absent spouse, the absent spouse is
not yet presumed dead according to civil code

Elements (V 12-18 CL)

3. He contracts a subsequent marriage

1. Offended party must be a virgin

4. Subsequent marriage has all the essential

requisite for validity

2. Must be over 12 and under 18

3. Taking away of offended party must be with
consent
4. There must be a lewd design

CRIMES AGAINST CIVIL

STATUS OF A PERSON
(TITLE 12)
Simulation of birth, substitution of one
child for another, and concealment or
abandonment of a legitimate child (Art
347)
Acts Punishable (SAS)
1. Simulation of birth
2. Substitution of one child for another

CRIMES AGAINST HONOR

(TITLE 10)
Definition of libel (Art 353)
Elements (IPMDC)
1. There must be imputation of a crime, or vice,
or any act, status or circumstance
2. Must be made publicly

3. It must be malicious

4. Material damage resulted

4. Directed to a natural or juridical or a dead

person

5. There is inexcusable lack of precaution on

the part of the offender taking into
consideration

5. Imputation tends to cause dishonour,

discredit or contempt upon the person
Slander by deed (Art 359)
Elements (POC)
1. Offender performs any act not included in
any other crimes against honor
2. Act is performed in the presence of other
persons
3. Such act cast dishonour, discredit or
contempt upon the person
Incriminating innocent person (Art 363)
Elements (AIP)
1. Offender performs an act
2. By such act he directly incriminates or
imputes to an innocent person the commission
of crime
3. Act does not constitute perjury

Imprudence and Negligence (Art 365)

Elements of Reckless Imprudence (FVMDI)
1. Offender does or fails to do an act
2. Doing of failure to do an act is voluntary
3. It be without malice

a. His employment or occupation

b. Degree of intelligence, physical
condition
c. Other circumstance, time and place
Element of Simple Imprudence (LD)
1. There is lack of precaution on the offender
2. Damage impending to be caused is not
immediate or danger is not clearly manifest