FELONIES

Art. 3. Definitions. Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of
fault (culpa). There is deceit when the act is performed with deliberate intent and
there is fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
Penalties
Art. 9. Grave felonies, less grave felonies and light felonies. Grave felonies are
those to which the law attaches the capital punishment or penalties which in any of
their periods are afflictive, in accordance with Art. 25 of this Code.chanrobles virtual
law library
Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the above-mentioned
Art..chanrobles virtual law library
Light felonies are those infractions of law for the commission of which a penalty of
arrest menor or a fine not exceeding 200 pesos or both; is provided.chanrobles
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COMPLEX CRIME PROPER

a.at least two offenses are committed
b. one or some of the offenses: necessary to commit the other
c. all of the offenses are punishable under same statute.
Necessary means =/= Indispensable means
Indispensable: ingredient of the crime (part of act/s of execution)
The offender, in executing various acts, must have a single purpose.
There is NO complex crime
-when in the definition of a felony one offense is a means to commit the other
(murder qualified by means of fire which by itself is arson)
-when one offense is committed to conceal the other (not necessary means)
-when one of the offenses is penalized by a special law (example: homicide and
illegal possession of firearms)
-when two or more crimes are committed but a) not by a single act or b) one is not
a necessary means for committing the other
-of rebellion with murder, arson, robbery or other common crimes

Penalties
The penalty for complex crimes is one of the special circumstances separately
treated by the Revised Penal Code for purposes of the application of penalties.
Article 48 of theRevised Penal Code also provides that in case of complex crimes,
"the penalty for the most serious crime shall be imposed, the same to be applied in
its maximum period." InPeople vs. Gaffud, Jr.,<ref>G.R. No. 168050, 19 September
2008</ref>, the single act of burning a house, with the main objective of killing the
victim and his daughter, resulting in their deaths, resulted in the complex crime of
double murder. In a complex crime of double murder, the imposable penalty is
death, instead of two death penalties for two counts of murder. However, with the
abolition of the death penalty, the penalty is reduced to reclusion perpetua with no
eligibility for parole.

CONTINUED CRIME: a single crime, consisting of a series of acts but all arising from one criminal resolution
-set foot by a single impulse
-NOT a complex crime: offender does not commit only a single act but a series of acts
-not being a complex crime, the penalty should not be imposed in its maximum period
Accessories to Crime

Art. 19. Accessories. Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its commission in any of the
following manners: chan robles virtual law library
1. By profiting themselves or assisting the offender to profit by the effects of the
crime.chanrobles virtual law library
2. By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.chanrobles virtual law library
3. By harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, murder, or an attempt to take the
life of the Chief Executive, or is known to be habitually guilty of some other
crime.chanrobles virtual law library
Obstructio of Justice
Section 1. Obstruction of Justice shall mean and include, but not limited to, the following acts:

(a) Preventing witnesses from testifying in any criminal proceeding or from reporting the commission
of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit,
intimidation, force or threats;
(b) Altering, destroying, suppressing or concealing any paper, record, document, or object, with intent
to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation
of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings
in, criminal cases;
(c) Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to prevent
his arrest, prosecution and conviction;
(d) Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the same
purpose or purposes;
(e) Delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in Ombudsman, or in the courts;
(f) Making or presenting an oral statement or testimony under oath or using any record, document,
paper or object with knowledge of its falsity and with intent to affect the course or outcome of the
investigation of, or official proceedings in, a criminal case before a grand jury or a crime investigating
body or a trial court.
(g) Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discontinuing, or impeding the prosecution of a criminal offender;
(h) Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such person
from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation
of or in official proceedings in, criminal cases;
(I) Giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to mislead
the investigator or the court.
(j) Contacting by a lawyer or an associate or friend of such lawyer with a public official for the purpose
of securing the influence of such public official to communicate with a judge, or presiding judge in a
bench or jury trial or a juror to obtain a judgment or verdict in favor of his case.
(k) Active or passive co-operation of an employer, job supervisor or co-employee with any person or
public official to influence the decision of its employee, subordinate or co-employee who is serving as a
juror on a matter being tried in a jury trial.
(l) Failure of a juror to comply with his mandatory duty to report within thirty (30) days to a grand
jury from the date of his receipt of any direct solicitation or request from any person, public official,
his employer or job supervisor or co-employee asking such juror to make a decision over a case he is
sitting as juror in favour of the soliciting person, public official, his employer or job supervisor or coemployee.

(m) Failure of an employer, job supervisor, or co-employee of a juror to comply with his mandatory
obligation within thirty (30) days from the receipt by such employer, job supervisor, or co-employee to
report to a grand jury of any solicitation from any person or public official with the view of influencing
such juror in making his decision over a case he is sitting in a jury trial.
(n) A decision by a juror in a jury trial based on a solicitated decision by any person, public official,
employer, job supervisor or co-employee regardless of whether such juror has received a bribe or not,
or intentional failure to write in his vote in the jury ballot for a jury verdict.
(o) Failure of a presiding judge in a bench trial or jury trial of his mandatory obligation to report to a
grand jury within thirty (30) days of his receipt of a solicitation or request from any person or public
official with the view of influencing the decision of a case in his court or of the jury over whom he is
presiding.
(p) Failure of a government prosecutor to comply with his mandatory duty to commence within three
(3) days from the date of filing of a government criminal accusation the act of securing the grand jury
indictment by submitting to the grand jury all documentary proof of court filing and every prima facie
evidence of a crime with the information whether the accused is in the custody of the government or
not arising from a criminal accusation that has been originally filed in court by the government or by
the government prosecutor.
(q) Disobedience by any public official or person of a writ of amparo, writ of habeas corpus, or writ of
habeas data issued by the Supreme Court, Court of Appeals, Sandiganbayan, Regional Trial Courts,
Metropolitan or Municipal Trial or Circuit Courts and Sharia District or Circuit Courts.
(r) Disobedience by any public official or person of a subpoena, subpoena duces tecum or summons
issued by the Ombudsman, Commission on Audit, Commission on Elections, Civil Service Commission,
Commission on Human Rights, through their deputies, in matters within their respective jurisdictions
to investigate.
(s) Intentional failure of a person or witness of his obligation to tell the truth in his testimony before a
grand jury.
(t) Disclosure to another person or public official, or failure by a witness, also known as invitee, to
comply with his legal obligation to strictly keep in secrecy of his receipt and possession of a subpoena,
subpoena duces tecum, or summons, issued by a grand jury to appear as a witness before such grand
jury. Disclosure by the witness to his personal attorney specifically for confidential legal consultation
shall not be a violation of this prohibition and the attorney under no condition, and with pain for
disciplinary action by disbarment, shall disclose to anyone such confidential consultation.
(u) Disobedience or refusal by any person or public official to testify before a grand jury by
disregarding his receipt of a subpoena, subpoena duces tecum, or summons issued by such grand jury
pursuant to the grand jury power in Article III, Section 1(d)(d-1).
(v) Preventing by any person or public official of a witness from testifying before a grand jury who has
received a summons, subpoena or subpoena duces tecum from the grand jury by any means including
aiding such witness to leave the country or by detaining such witness for any purpose.
(w) Termination, demotion in rank or position or relocation of employment of a witness who has
received a subpoena, subpoena duces tecum, or summons from a grand jury or who testifies or has
testified before such grand jury and such termination, demotion in rank or position or relocation of
employment has been initiated by an employer, or superior public official, member of a board of
directors or trustees of a corporate entity, quasi-government entity or government owned or controlled
corporation.

(x) Refusal by a witness who is a giver or an offer or in the crime of bribery to testify before the grand
jury against the recipient of his bribe and such witness has been granted full immunity from
prosecution pursuant to Presidential Decree 749 when such grant of immunity has been stated in the
subpoena, subpoena duces tecum or summons issued by such grand jury upon the witness.
(y) Interference or participation in court or from elsewhere by telephone, email communication, or by
any electronic device by any person or public official in the impaneling of jury members for a jury trial
other than the presiding judge, government prosecutor, and the defense attorney or interference by
such person or public official of a court or jury trial proceedings.
(z) Failure of a trial presiding judge in a jury trial to comply with his mandatory duty to report to the
grand jury within thirty (30) days of the act of interference or participation of any person or public
official in the impaneling of the jury members on a case for jury trial before his court room.
(aa) Failure of a subordinate officer or employee in the public service to perform his mandatory duty
within thirty (30) days of his knowledge to secretly report said knowledge to a grand jury for
investigation of an act or omission defined as obstruction of justice by his superior officer or coemployee.
(bb) Failure or neglect of a police or military officer to comply with his personal mandatory obligation
to provide preference of protection to a citizen who is serving as a juror in a grand jury or trial jury
proceeding over and above the safety of any public official from physical injury or psychological harm
or death from an imminent peril within the jurisdiction of command of said police or military officer.
Said officer need not be in his official uniform at the time the perilous situation was taking, or about to
take, place.
(cc) Omission, deviation or alteration by the presiding judge in the reading or issuance of the statutory
basic jury instruction in Article VI, Section 3, of the Jury System Law with the intention of giving
undue favor or disfavor, or advantage or disadvantage, to a party or witness in a jury trial.
(dd) Failure or refusal by a presiding judge to comply with his mandatory duty to report to the grand
jury within thirty (30) days of the dismissal of a criminal case before his court for the reason that the
prosecutor failed to prepare in the presentation of his evidence or for presenting a procured affidavit
of desistance from the complaining witness or victim at the scheduled firm commencement date of the
jury trial of his case.
(ee) Surreptitious attendance or intrusion in the inaugural grand jury formation proceedings under
Section 3(a)(b) in Article III of this law by any person or public official or government employee or
permission by a clerk of court or presiding judge to allow such person or public official or government
employee to observe the said inaugural grand jury formation proceedings.
(ff) The arrest or detention of a person with or without cause who is a juror in a grand jury or trial
jury while reporting to and from between his place of jury duty and his residence by any police agent
or by any other person including his instigator whether public official or not in violation of this rule
shall be liable for indictment of obstruction of justice by the grand jury.
(gg) Purposely delaying by a vehicle driver or operator in delivering a juror whom he has provided a
ride, whether paid or as a courtesy passenger, to a juror in delivering such juror to, or by deviating
from, the general direction of his intended travel to the court, such driver or operator shall be liable for
indictment for obstruction of justice by a grand jury.
(hh) An open announcement by a driver or transportation operator by means of a visible placard in his
vehicle to the effect that he is a provider for a courtesy ride for a juror or jurors along the way to their
destination courts is hereby prohibited. Violation of this provision shall be punishable as an act of

obstruction of justice. The driver or operator of such vehicle and its passenger juror are hereby
forbidden to talk with each other on any subject matter that may be related to the case for jury trial
and for which such passenger has been summoned to serve for jury duty. Violation of this rule shall
subject such vehicle driver or operator and such passenger in his vehicle liable for indictment by the
grand jury for obstruction of justice.
(ii) Failure of a person to appear to testify as a witness in a civil or criminal trial before a court of law
who has been properly served and has received, upon proof of his receipt of a summons or subpoena
or subpoena duces tecum at the instance of the complaint of a requesting party for the appearance of
such witness in the referenced scheduled trial.
(jj) Willful refusal or failure of a person, public official, or an official of a responsible party by the use
of an illegal or dilatory act or acts or act of defalcation of funds or property by such person, public
official, or official of a responsible party to prevent the implementation of a civil or criminal duty to
perform, or settle, upon a court order or jury verdict that has become final and executory.
(kk) Departure from the Philippines by a person or public official for a foreign jurisdiction or country
for any purpose knowing that he has committed a criminal offense that is punishable by imprisonment
in jail for a period of one year or more regardless of whether such departure has been authorized or
ordered, or not, by any official of the government. Any person or public official who shall issue such
authorization or order for the departure of such crime offender under investigation, knowing or having
been informed of the crime or possible crime he has committed, shall be similarly liable for the
commission of, and imprisonment for, the crime of obstruction of justice.
(ll) Suppression by, or failure of, a government or private prosecutor or fiscal, or by a presiding judge
in conspiracy with such government or private prosecutor or fiscal, to disclose to the accused or his
defense counsel, if represented, any exculpatory evidence in his possession in favour of the accused
prior to, or during, the jury trial.
"(mm) Public display or parading of a crime suspect as an exhibit prior to conviction in any manner by
any person or public officer in custody of the crime suspect shall constitute obstruction of justice and a
violation of his right to innocence and human rights. He shall be entitled to claim moral damages in
the sum of two hundred thousand pesos jointly and severally against such person or officer and the
government entity such person or officer represents in addition to fine and imprisonment for
obstruction of justice. Subsequent conviction or acquittal of the crime suspect shall not extinguish the
civil and criminal liabilities of said person or public officer and the public entity he represents prior to
the conviction or acquittal of the crime suspect. In the event of death of the crime suspect, his heirs
shall have the power to pursue his claim."
(nn) Forcing a crime suspect to confess his alleged crime by any person or public officer through
torture or any forceful means in which case the penalty for such obstruction of justice shall be seven
years and one day to ten years and one day. Such crime suspect shall be entitled to claim moral
damages in the sum of two hundred thousand pesos jointly and severally against such person or
officer and the government entity such person or officer represents in addition to fine and
imprisonment for obstruction of justice. Subsequent conviction or acquittal of the crime suspect shall
not extinguish the civil and criminal liabilities of said person or public officer and the public entity he
represents prior to the conviction or acquittal of the crime suspect. In the event of death of the crime
suspect, his heirs shall have the power to pursue his claim."
(oo) Failure of a lawyer or lawyers of the president in attending at the scheduled firm trial date of the
president who has been criminally indicted by the Grand Jury. In addition for conviction of obstruction
of justice, such a lawyer or lawyers shall be disbarred from the Roll of Attorneys.

(pp) Disclosure or publicity of additionally discovered evidence or names of witnesses to any person or
member of the media by a government prosecutor, or his successor, in pursuing to trial in his charge a
matter relating to a grand jury indictment.
(qq) Preparation by, or dictation of, an attorney in making an affidavit of desistance contrary to the
intended will of the affiant victim or witness.
(rr) Conversation by an attorney with a trial juror on duty on any matter outside the jury trial
proceedings while a case at hand is still in progress prior to the reading of the jury verdict in said
case. If the attorney is a counsel to any party to the case at hand, such attorney shall be liable for
disbarment in addition to the penalty for obstruction of justice.
(ss) Failure of the lead attorney or counsel of the president to attend a firm date of trial when the
president is on trial before a trial jury upon the indictment by a grand jury shall be liable for the crime
of obstruction of justice on complaint by any citizen or any member of the media before such grand
jury.
(tt) The act of filing by any person of a preemptive impeachment complaint in Congress against the
convicted president with the view of protecting such president from being impeached or any public
official who is removable by impeachment as a result of his conviction in accordance with the Jury
Systems Law shall be deemed an act of, and shall render such person criminally punishable for,
obstruction of justice.
(uu) The act of preventing or discouraging, in any manner, a citizen who has receive a summons for
jury duty from serving as a juror in a jury trial or the confiscation of the summons to such citizen for
jury duty to prevent said citizen from fulfilling his duty to serve as a trial juror shall be criminally
punishable as an act of obstruction of justice.
(vv) The act of disclosing any grand jury investigation, except the act of filing of its indictment in
court, by any of its members or by any witness who has received a grand jury summons or who has
testified before said Body shall be criminally punishable as an act of obstruction of justice.
(ww) (1) The act of knowingly participating in any sham or mock judicial trial, hearing or proceedings
shall be criminally punishable as an act of obstruction of justice. This provision does not apply to
classroom or televised drama proceedings for educational purposes.
(2) Likewise, any act of filing or threatening to file a criminal or civil complaint before a prosecutor's
office or before a grand jury or before a court of law knowing that such act is based on a completely
false allegation of facts for the purpose of harassing, or intimidating, or threatening, or punishing, to
prevent or discourage another from performing a lawful activity shall be criminally punishable as an
act of obstruction of justice.
(3) Any lawyer who shall provide legal assistance in committing the act or acts described in the
immediate preceding sub-sections (1) or (2), knowing that the action of his client is a total falsity,
shall likewise be held liable for the crime of obstruction of justice.
(4) Any member of a grand jury who shall be criminally liable for committing the crime of bribery shall
be deemed a public officer as defined in Article 210 of the Revised Penal Code of the Philippines.
However, no indictment against such member of the grand jury shall be filed in court, until his term of
grand jury service shall have already expired.
(xx) The act of any indicted government official referred to in Article III, Section 28, sub-paragraph
(g), in refusing to be taken into government custody by an arresting officer after such arresting officer

has announced the execution of an arrest warrant upon such indicted government official shall be
criminally punishable as an act of obstruction of justice in addition to such other crimes he may have
committed.
(yy) Violation of the prohibited acts in Article I of this Law shall subject the violator liable for the crime
of obstruction of justice as the context of the provision in said Article demands imperative obedience.
(zz) Any surreptitious act of giving a false testimony or official report by an investigator, or by the
supervisor of such investigator, of a crime to prevent or suppress further investigation of the crime, or
to prevent the prosecution of a person believed to be the probable responsible offender of a crime, or
to cover-up the commission of a crime, punishable by imprisonment in jail regardless of the prescribed
period of incarceration of such crime shall be punishable as an act of obstruction of justice.