PARRICIDE Death Under
1) A Person has been killed (Death)
1) A person has been Exceptional
killed Circumstance (the wife
2) The deceased has must not be committing
been killed by the adultery).
accused 1) Legally Married person
3) The deceased is a. Surprise his or her
a. Father spouse committing
b. Mother sexual intercourse with
c. Child other person
d. Ascendant b. Shall kill both of them
e. Descendant or immediately
f. Lawful spouse thereafter
2) Daughter lower than 18
 Adopted child is not a. Daughter age
included ( doctrine lower than 18
of pro-reo ). Only b. Having sexual
stated in the law is intercourse “in
legitimate or flagrante” with
illegitimate. Adopted seducer
becomes legitimate c. Daughter still living
in accordance with with the parents
law. Exceptional circumstance :
technically there is no crime
committed therefore ,
aggravating and mitigating
circumstance cannot apply
“Immediately therafter”- time
element is immaterial, ( death be
the proximate result of the
overwhelming outrage of the
accused).
*important terms to remember : PROXIMATE CAUSE- cause which is natural and continuous unbroken by any efficient intervening clause . the death of the victim must be
the direct , natural logical consequence of the wounds inflicted by the accused for them to be liable
MURDER
2) The accused killed the person
with the following qualifying
circumstances
3) The killing is not parricide or
infanticide
QUALIFYING CIRCUMSTANCE
1. TREACHERY
2. ABUSE OF SUPERIOR
STREGTH
3. AID OF ARMED MEN OR
MEANS EMPLOYED TO
WEAKEN THE DEFENSE
4. MEANS AFFORDED TO
INSURE IMPUNITY
5. IN CONSIDERATION OF
PRICE REWARD AND
PROMISE
6. BY MEANS OF INUNDIATION,
FIRE, EXPLOSION, POISON,
DERAILMENT OF THE
LOCATAMOTIVE OR ANY
OTHER ARTICIFICE CAUSING
GREAT WASTE AND RUIN
7. ON THE OCCASION OF
CALAMITY
8. EVIDENT PREMEDITATION
9. CRUELTY
10. DELIBERATELY AUGMENTING
THE SUFFERING OF THE
VICTIM OR BY OUTRAGING
OF SCOFFING
Tumultuous affray
1) Composed of several persons
2) Did not compose of groups created for the common
purpose of assaulting and attacking each other
reciprocally
3) Several person quarreled in a tumultuous manner
4) Someone is killed in the course of the affray
5) It cannot be ascertain who killed the deceased
6) Person who inflicted the serious physical injury can
be identified
Tumultuous Affray (Injury)
1) Participant or some participant suffer serious
physical injury or a less serious nature
2) The person responsible for the injury cannot be
identified
3) All that those who appear to have used violence
upon the person of the offended party was known
but it cannot be ascertained who among those
inflicted serious or less serious physical injury
 There must be a confusion, if a fight between group
a and b happens there is no tumultuous affray
because it can be determined therein that a person
from group a inflicted an injury to a person to group
b . TUMULTUOUS AFFRAY REQUIRES- “
confusion “
Discharge of Firearm Infanticide Abortion
1) The offender discharge the firearm against or at another 1) That the child was Intentional
person killed 1) There is a pregnant woman
2) The offender has no intention to kill the person 2) That the deceased 2) Violence has been exerted or drugs have been administered to the
child was less than pregnant woman
In comparison with ALARMS AND SCANDAL. In discharge of 72 hours 3) As a result of #2 the baby has been expelled from her womb and
firearm the offender charges the firearm to another person, in 3) Accused killed the subsequently dies
alarms and scandal it is not discharged to another person but child a. By acting but without using violence and without consent of the pregnant
discharged to an area. woman
b. By acting without violence and with consent of the pregnant woman
Unintentional Abortion ( VIOLENCE IS THE MOST ELEMENT)
1) There is a pregnant woman
2) Violence is used upon the pregnant woman without intending abortion
3) Violence was intentionally exerted
As a result of violence the fetus dies
Mutilation Serious Physical Injuries ( impt no intention to kill)
Two kinds of MUTILATION a) The use of force and violence, there must be NO INTENT TO KILL
1.By intentionally mutilating another by depriving him, either 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injury inflicted
totally or partially of some essential organs for reproduction 2. When the injured person loses the use of speech or the power to hear, smell or loses an eye, a hand, a foot, an arm
a. That there be a castration, that is mutilation of the or a leg, loses the it of any such member or becomes incapacitated for the work in which he was therefrom
organs necessary for generation ( reproduction) such as HABITUALLY engaged as a consequence of the Physical injury inflicted
the penis or ovarium 3. When the person injured becomes deformed, loses any other member of his body, uses the use therefore
b. there must be an intention to deprive the offended party of becomes ill or incapacitated for the performance of work HABITUALLY engaged for MORE THAN 90 days
some essential organ for reproduction 4. When the injured person becomes ill or incapacitated for labor for more than 30 days
2. By intentionally making other mutilation that is, ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGE
by lopping or clipping off any part of the body of 1.) That the offender inflicted upon another way any serious physical injury
the offended party, other than the essential organ for 2.) That this was done by KNOWINGLY administering to him any injurious substances or beverages or by taking
reproduction to deprive him advantage of his weakness and credulity (to introduce to the body , drinks etc but not throwing poison to the face).
of that part of his body 3.) That there is no intention to kill
a. that there be a mutilation ( not reproductive organ Less Serious Physical Injury
b. there must be a deliberate purpose of depriving 1. That the offended party is incapacitated for labor for ten days or more ( but not more than 30 days) or needs
him of the part of the body. medical attendance for the same period of time
2. That the physical injuries must not be those described as “ serious physical injury”

RAPE THROUGH CARNAL KNOWLEDGE or SEXUAL
INTERCOURSE
(VAGINAL)
1. That the offender is a man
2. That the offender had carnal knowledge of with a
woman ( Penetration even though slight labia)
3. That such act is accomplished under ANY of the
following circumstances ;
a. By using force or intimidation
b. When the woman is deprived of reason or
otherwise unconscious
c. By means of fraudulent machination or grave
abuse of authority
d. When the woman is under 12 years of age or
demented
PARDON OF THE OFFENDED PARTY. ( extinguish
only to the principal – a crimes against persons. )
1) Subsequent valid marriage between the
offender and the offended party shall extinguish
the criminal action or penalty imposed
2) If it is the legal husband who is the offender, the
subsequent forgiveness of the wife shall
extinguish criminal liability (provided that there
is a valid marriage and that the marriage shall
not be void ab ignition)
SWEETHEART THEORY
1) That the accused and the victim are lovers
2) That the sexual intercourse that transpired between them is consensual.
SLIGHT PHYSICAL INJURIES
1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days or required medical attendance
during the same
2. Physical injuries which did not prevent the offended party from engaging in his habitual work or did not require
medical attendance
3. ILL Treatment of another without causing any injury. ( slapping of the face)
RAPE THROUGH INSTRUMENT ( GENDER FREE RAPE- INSTRUMENT RAPE)- PRISON MAYOR
*RA 8353 The crime of rape can now be committed by a male or female person
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 the inserting the penis into another’s mouth or object into the genital or anal orifice; or
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
a. by using force or intimidation
b. when the woman is deprived of reason or otherwise unconscious
c. by means of fraudulent machinations or grave abuse of authority or
d. when the woman is under 12 years old or demented (RA 7610)
i. age of the complainant
ii. the identity of the accused
iii the sexual intercourse between the accused and the complainant
Qualifying Circumstances of Rape ( GENERIC AGGRAVATING- because Death Penalty has been abolished)
1. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil degree or the common law spouse of the parent of the victim
2. When the victim is under the custody of the police or military authorities or any law enforcement or penal instituitiin
3. When the rape is committed in full view of the spouse, parents any children or other relatives within the third civil
degree of consanguinity
4. When the offender knows that he is afflicted with HIV OR AIDS
5. When committed by any member of the armed forces of the Philippines or para-military units, when the offender
took advantage of his public position to commit the crime
6. When by reason of rape, the offended party suffers disability permanent disability
7. When the offender knew that the victim was pregnant when he raped her
8. When the offender knew about the mental disability , handicapped, emotional disorder
RAPE WITH HOMICIDE
“When by reason or occasion of the rape, homicide is committed the penalty shall
be death. This case does not fall under art 48 ; complex and compound crime
- Once homicide is committed by or on occasion of rape the felony
committed is rape with homicide,
- Even though there is a qualifying circumstance present, it will not qualify
the homicide to murder. ( crime will still be rape with homicide.)
HAZING No Hazing or Initiation ( PHYSICAL INJURY PROHIBITION)
1. Initiation rite or practice as a prerequisite for the admission into an 1) There must be a prior written notice to the school authorities or head of the
organization as members organization seven days before the scheduled initiation
2. Placing the recruit, neophyte or applicant in some embarrassing or 2) The period of activity mist not exceed 3 days
humiliating situation 3) No physical abuse shall be employed
3. Subjecting to physical or psychological injury

RA 7610- SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION- reclusion temporal
Sec 5 : Children, whether male or female who for money, profit or any other consideration or due to coercion or influence of any adult syndicate or group,
indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution or sexual abuse
2 kinds punishable under this act.
1. Those who engage or promote, facilitate or induce child prostitution which include but not limited to the following
a. Acting as the procurer of a child prostitute
b. Inducing a person to be a client of child prostitute by mean of written or oral advertisement or other similar means
c. Taking advantage of the influence or relationship to procure the child as a prostitute
d. Threatening or using violence towards a child to engage him as a prostitute or
e. Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution
2. Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to sexual abuse
1. That the accused committed acts of lasciviousness or sexual abuse
2. That the act is performed with the child exploited in prostitution or subject to sexual abuse
Child- “Any male or female below the age of 18 years old.
3. The child indulges in intercourse under the influence or coercion( the power to affect something without directly forcing it to happen) of any adult,
syndicate or groups(child through coercion, intimidation or influence engages in sexual intercourse or lascivious conduct).( a coercion or influence that subdue
the free exercise of one’s will)
Took advantage, asserted influence and moral ascendency
INFLUENCE- Improper use of power or trust that deprives a person of free will to subject another objective
COERCION- Improper use power to compel another to submit to his wish
RAPE- IN ARTICLE 266 AS PROVIDED IN THE REVISED PENAL CODE ( RECLUSION PERPETUA)
4. That the offender is a man
5. That the offender had carnal knowledge of with a woman ( Penetration even though slight labia)
6. That such act is accomplished under ANY of the following circumstances ;
e. By using force or intimidation ( by the use of FORCE) there is a physical force.
f. When the woman is deprived of reason or otherwise unconscious
g. By means of fraudulent machination or grave abuse of authority
When the woman is under 12 years of age or demented
 DIFFERENCE BETWEEN RAPE AND RA 7610
RA 7610 ( INFLUENCE OR COERCION- NO FORCE) COERCION EVEN WITH RAPE THROUGH SEXUAL ASSAULT- if a minor it would be punishable under ra
THE CONSENT OF THE CHILD 7610 , the penalty of rape through sexual assault is prision mayor it would be more
- Consent is immaterial the mere act of sexual intercourse is punishable adept to adopt RA 7610 “doctrine of parents patrie.”
- MALA PROHIBITUM- “The sweetheart theory cannot apply in this case. Consent is a defense ( does not apply to those lower than 12 years old or those
The intention of the law is to protect the children because the latter cannot which are demented or incapable of giving consent
understand the nature of their actions.
SEC5 CHILD PROSTITUTION/ ABUSE FORCE OR INTIMIDATION
Those who commit the act of sexual intercourse or lascivious conduct with a child
exploted in prostitution or sexual abuse
1) When the victim is under 12 years old- proceeded under article 335 par 3
for rape or art 226 (b) rape through sexual assault and art 336 for rape
through sexual assault
However the penalty thereof will be under ra 7610
- If the victim of sexual abuse is below 12 years old the offender should be
prosecuted for sexual abuse but for statutory rape under ARTICLE 266 )A
(1D)
- IF The victim of sexual abuse is above 12 years of age he should be
punished under section 5(b) of RA 7610 or rape under Article 266 (1-3)
(b) Those who commit the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse;
Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be: Provided, That the penalty
for lascivious conduct when the victim is under twelve (12) years of age
shall be reclusion temporal in its medium period; and

If the victim is 12 years or older the offender should be charged with either sexual abuse or rape EXCEPT ART 266 1(D). The offender though cannot be
charged with both crimes for double jeopardy will exist.
If the victim is below 12 years of age, he should not be prosecuted for sexual abuse but for statutory rape under art 266 1(d) of the Revised Penal Code
and Penalized with RECLUSION PERPETUA
The VICTIM IS 13 YEARS OLD – apply the rule prosecuted either for violation of RA 7610 or RAPE UNDER ART 266 (A)- SEXUALLY VIOLATED through
force or intimidation by threatening with a bladed instrument- RAPE
 RA 8049
HAZING
1. Initiation rites or practice as a prerequisite for
admission into a membership or organization
2. Placing the recruit, neophyte or applicant in
some embarrassing or humiliating situation
3. Subjecting to physical or psychological injury
NO Hazing or Initiation shall be permitted unless :
1) prior written notice given to the school authorities or
head of the organization seven days (7) before the
initation
2) Period of activity not exceed 3 days
3) No physical violence be employed
4) The head of the organization must assign at
least 2 representatives to make sure that
physical injuries are not included
PRINCIPAL- 1. If the person subjected to hazing
suffers injuries the one who inflicted injuries shall be
liable
3. When it is committed at the home of the
officer provided that the officer has actual
knowledge
4. When alumni plans the hazing
ACCOMPLICE-
1) The owner of the place where hazing is
conducted provided that he knew where the
hazing is but failed to stop
2) School authorities who consent to hazing
failed to take any action to prevent the same
from occurring

Crimes In 7610

1) Child abuse- psychological and physical abuse, neglect, cruelty, emotional maltreatment
2) Act and deed which debases, degrades or demeans one’s intrinsic worth and dignity as a human being
3) Unreasonable deprivation of the basic needs such as food and shelter
4) Failure to immediately give medical treatment to an injured child resulting to an impairment of growth and development or his permanent incapacity or death
5) Endangering the survival and normal development of children
 Child Cruelty
 Child Exploitation- hiring, employment in indecent shows
 Being responsible for condition prejudicial to the child’s development
 Working hours of the child

Gen Rule : No children lower than the age of 15 may be employed except

1) When the child works directly or under the sole responsibility of his or her parents and that it is a place where family members are employed
a. His or her employment neither endanger his or her life, safety, health morals or impairs his normal development
b. Parents prescribe primary and or secondary education
2) Cinema, theater, radio and other similar means
a. Concluded by the child’s guardian or legal guardian or the child himself
b. Approval of DOLE
HOURS REQUIRED ; BELOW 15 may be allowed to work not more than 20 hours a week provided that his work shall not exceed 4 hours and no work 8-6
Above 15 but below 18 may be allowed to work 8 hours a day but not more than 40 hours a week. Not allowed to work bet 10-6
 ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:(1) Acting as a procurer of a child prostitute;(2)
Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;(3) Taking advantage of influence or relationship
to procure a child as prostitute;(4) Threatening or using violence towards a child to
engage him as a prostitute; or(5) Giving monetary consideration goods or other
pecuniary benefit to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with
a child exploited in prostitution or subject to other sexual abuse; Provided, That
when the victims is under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or
owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover
or which engages in prostitution in addition to the activity for which the license
has been issued to said establishment.
THE VICTIM IN THIS CASE SHALL BE ENTRUSTED TO THE Department of Social Welfare and Development
Other forms of Child Abuse
Section 10 : Other ACTS OF Neglect, abuse, cruelty or exploitation and other
conditions prejudicial to the child’s development
a) Any person who shall commit any other acts of cchild abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the
child’s development including those covered by article 59 of PD 603 as
amended, but not covered by the Revised Penal Code, as amended
b) Any person who shall keep or have in his company a minor (12) years or
under or who in ten or more his junior in any public or private place, hotel,
motel, beer jint, discothèque, cabareque, pension house, massage parlor
beach or any other tourist resort or similar places . PROVIDED: This
provision shall not apply to any person who is related within the fourth
degree of consanguinity or affinity or any bond recognized by law, local
customs and traditions or acts in the performance of a social, moral or
legal duty
c) Any person who shall induce, deliver or offer a minor to any one prohinited
by this act to keep or have in his company a minor as provided in the
preceding paragraph. Provided however that should the perpetrator be an
ascendant, stepparent, or guardian of the minor the penalty imposed
should be bigger
d) Any person, owner, manager, or one entrusted with the operation of a
public place of accommodation, whether for occupancy, food, drink or
otherwise including residential places, who allows any person to take along
with him to such place or places any minor herein described
e) Any person who shall,use, coerce, force, intimidate a street child or any
other child to;
1) Beg or use for begging as a means of living
2) Act as conduit or middleman in drug trafficking or pushing
3) Conduct any illegal activities
Battered Woman Syndrome ( unlawful aggression isn’t necessary)
1) A woman repreatedly being subjected to physical or psychological behavior by a man
2) That the offender is a man
3) That wives, or women in any form of intimate relationship
4) The battery must happen at least twice

STAGES OF BATTERY

1) Tension building phase- minor battering occurs it could be verbal, slight physical injury or another form of behavior. The woman allows herself to be abused in ways that to
her are comparatively minor. All she wants is to prevent the escalation
2) Acute battering incident- The woman has no control only the batterer may put an end to this violence. The woman cannot reason with him
3) Tranquil period- show a tender and nurturing behavior towards his partner in attempt to beg for her forgiveness

AS A DEFENSE

1) Each of the phase of the cycle must be proven to have characterized at least two battering episodes
2) The final and acute battering episode preceded the killing of the batterer must have produced in the battered persons mind an actual fear of an imminent harm from her
batterer and an honest belief that she needed to use force in order to save her life
At the time of the killing the batterer must have posed probable not necessary immediate and actual grave harm to the accused

(a) “Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

I “Dating relationship” refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship (f)
“Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following actsa)
Causing physical harm to the woman or her child;(b) Threatening to cause the woman or her child physical harm;(c) Attempting to cause the woman or her child physical harm;(d)
Placing the woman or her child in fear of imminent physical harm;I Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom
of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;(2) Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;(3) Depriving or threatening to deprive the woman or her child of a
legal right;(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;(g)
Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children of access to the woman’s child/children.

Under 12 rpc
Over 12 UNDER 18 ra 7610
 CRIMES AGAINST LIBERTY AND SECURITY
Acts of Lasciviousness ( without consent
Elements :
1. That the offender commits any act of lasciviousness of lewdness
2. That the act of lasciviousness is committed against a person of either sex
3. That it is done under any of the following circumstance
a. By using force or intimidation; or
b. When the offended party is deprived of reason or otherwise unconscious
c. By means of fraudulent machinations or grave abuse of authority
d. When the offended party is under 12 years of age or is demented
LEWD- obsence, lustful, indecent, lecherous. It signifies the form of immorality which has
relation to moral impurity or that is carried on in a wanton manner
Vs ATTEMPTED RAPE
A) If the acts performed by the offender clearly indicates that his purpose was to lie
with the offended woman it is attempted or frustrated rape
B) In case of attempted rape, the lascivious acts are but preparatory acts to the
commission of rape; whereas in the lascivious conduct, the lascivious acts are
themselves the final objective sought by the offender
ACTS OF LASCIVIOUSNESS WITH CONSENT VS WITHOUT
ART 336- Acts of lasciviousness- if there is carnal knowledge there will be rape
ART 339- If there is carnal knowledge there will either be qualified or simple seduction.
There may be consent but there is either abuse of authority, condidence, relationship or
deceit
SEDUCTION
QUALIFIED SEDUCTION: THE ACTS WOULD NOT BE PUNISHED WERE
IT NOT BE FOR THE CHARACTER OF THE PERSON COMMITTING THE
CRIME ON ACCOUNT OF THE EXCESS POWER OR ABUSE OF
CONFIDENCE
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 and
etc
2) Seduction of her brother or descendant by her ascendant
regardless of age or reputation
Elements:
1) That the offended party is a virgin, which is presumed if she is
unmarried and of good reputation
2) That she must be over 12 and under 18 years 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- virginity is presumed if the woman is unmarried and of good
reputation
Lack of consent on the part of the girl is immaterial
If the victim is LESS THAN 12 years of age, the crime committed would be
rape. If the victim is over 18 qualified seduction is not committed
Acts of Lasciviousness ( with consent) SEXUAL INTERCOURSE IS A ESSENTIAL REQUIREMENT
1. Those who abuse their authority
ELEMENTS a. Person in public authority
1. That the offender commits acts of lasciviousness or lewdness b. Guardian
2. That the acts are committed upon a woman who is a virgin or single or widow of c. Teacher
good reputation, under 18 years of age but over 12 years or a sister or descendat d. Person who in any capacity is entrusted with the education or
regardless of her reputation or age the custody of the woman seduced
3. That the offender accomplishes the acts by abuse of authority, confidence, 2. Those who abused confidence reposed to them
relationship or deceit a. Priest
In order for acts of lasciviousness with consent to be invoked it is necessary that the crime b. House servant
is committed under the circumstance which would male it qualified or simple seduction had c. Domestic- all those persons residing with the family in the
there be sexual intercourse instead of lewdness house hold regardless of permanency
3 those who abuse their relationship
a. Brother who seduced his sister
b. Ascendant who seduced his descendant

Consented Abduction
SIMPLE SEDUCTION
Elements
Elements :
1. That the offended party must be a virgin
1. That the offended party is over 12 and under 18 years of age
2. That she must be over 12 years old and under 18 years of age
2. That she must be of good reputation, single or widow
3. That the taking away of the offended party must be with her
3. That the offender has sexual intercourse with her
consent after solication or cajolery from the offender
4. That it is committed by means of deceit
4. That the raking away of the offended party must be with lewd
Deceit- generally takes form of unfilled promise of marriage and this promise need not
designs
immediately precede the carnal act
ABDUCTION LEWD DESIGN- KISSING AND HOLDING of the girl while being abducted
TWO KINDS OF ABDUCTION
1. Forcible abduction
FORCIBLE ABDUCTION COMPLEX RAPE
2. Consented abduction
WITH RAPE Forcible abduction can be
Forcible Abduction- to take a woman against her will there must be deceit first before the
absorbed in the crime of rape if it
means of violence and intimidation
A necessary, if not indispensable can be dispensed with
If the victim is under 12 years old the crime is forcible abduction even though the victim
means to commit the crime of rape If the main intent of the accused
agrees or consented to the elopement
is to rape the victim and forcible
1. That the person abducted is any woman, regadless of her age, civil status or
The abduction is a necessary means to abduction was a mere incident to
reputation
commit rape, sexual intercourse rape.
2. That the abduction is against her will
facilitated and ensued abduction “Can be gleamed from the
3. That the abduction is with lewd designs
successive acts immediately
after the victim was captured.
Difference : distinct intent. The intent to foricibly abduct or to rape
must be clear from the over acts of the accused.
Rape No Consent Below 12 automatic rape , Regardless of reputation No consent
Sexual Intercourse those consent obtained
through 266-a
Forcible Abduction CONSENT IS PRESENT 1) OVER 12 BUT Off good reputation- There is consent but
BELOW 18 virginity it was obtained
2) Seduction of through the abuse of
brothers and authority, relationship
sisters or be or confidence
descendant by her
ascendant ( father-
daughter)-
REGARDLESS OF
AGE IF OVER 18
Simple Seduction Over 12 and Under 18 By means of deceit-
Consent Is present (
generally takes form
of unfulfilled promose
to marry

Concubinage : Paramour must know that the husband is legally married, if she isn’t aware she cannot be legally liable for the crime
1) Keeping a mistress in the conjugal dwelling- scandalous circumstance is not needed. It is enough that the the mistress was kept in the conjugal dwelling
2) By sexual intercourse under scandalous circumstance- the acts and conduct of the appellant were not such as to produce a scandal nor set a bad example among
neighbors of the community where the alleged act took place
3) Cohabiting with such woman in any other place- must be for some period of time as distinguished from occasional transcient interviews ( dwelling together as
husband and wife)

ADULTERY
Elements of Adultery
1. That the woman is married
2. That she has sexual intercourse with a man not her husband
That as regards the mean with whom she has sexual intercourse, he must know her to be married

PARDON:
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse
1) The offended party cannot institute criminal prosecution without including BOTH the guilty parties if they are both alive, nor in any case if he shall have
CONSENTED OR PARDONED the offenders
Only the offended party can pardon the offender “ nor in any case if he shall have pardoned the offense.”
Pardon must come BEFORE the institution of criminal action and BOTH offender must be pardoned for it to be effective AND that the pardon must be in the
adulterous act itself.
Pardon vs Consent
Pardon – must be done after the commission of the offense, Consent- must be done prior to or subsequent to the commission of infidelity. The Offended party has chosen
to compromise with his or her dishonor. Therefore, he or she becomes unworthy to invoke a vindication of a wrong . (AFTER THE COMMISSION- KNEW but did not file a
case
2) The offenses of SEDUCTION, ABDUCTION,ACTS OF LASCIVIOUSNESS shall not be prosecuted except upon a complaint filed by the offended party or her
PARENTS, GRANDPARENTS, OR GUARDIAN , Nor in any case if the offender has been expressly pardoned ( Can be pardoned by the parent but the pardon of
the offended party must come with it.
3) The marriage of the offender and the offended party extinguishes criminal action
Ratio : Out of consideratioh for the offended woman and her family who might prefer to suffer the outrage in silence rather than go through with the scandal of a public trial
AFFIDAVIT OF DESISTANCE- Does Not dismiss the crime, since it is a private crime, filling the case in court makes it a public crime and that the court can prosecute the
accused even if a desistance was handed in favor of her

RA 9775 “ An act defining child pornography

Protect every child from all forms of exploitation and abuse including, but not limited to:(1) the use of a child in pornographic performances and materials;
and(2) the inducement or coercion of a child to engage or be involved in pornography through whatever means; and

Child : Ant person below 18 years of age or over or those unable to fully take care of himself or herself from abuse, neglect or cruelty. A person regardless of
age who is presented or depicted as a child( dora having sex, diego having sex)

Child Pornography- any representation whether visual or audio or written combination thereof by electronic, mechanical and digital optical magnetic or any
orther means wherein the child is involved in real or simulated sexual activity.

Sexual Activity ( Actual or simulated ) – Sexual intercourse or lascivious act including but not limited to contact involving genital to genital , oral to genital, anal
to genital or oral to anal, whether between persons of the same or opposite sex, bestiality, masturbation, sadistic or masochistic abuse, lascivious exhibitaiton
of genitals, buttocks, breast, pubic area or anus, use of any objects or instrument for lascivious act

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any
form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast; ( SAME ITEM IS STILL PORNOGRAPHY- THE LAW DOES NOT REQUIRE
DISTINCTION)

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography

;(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;- MAKING it look like you are selling child pornography even though it is not)

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come
to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and (l) To possess any form of child pornography.
Anti Voyeurism Act ( ANDREA BRILLANTES CASE- EVEN THOUGH SHE TOOK THE VIDEO HERSELF –( VOYURISM AND PORNOGRAPHY)

Photo or video Voyeurism- the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of
the private area of a person or persons without the latters consent under circumstances in which such persons has have reasonable exception of privacy or the act of selling
copying, reproducing broadcasting sharing or showing or exhibiting the photo or video coverage or recording of such sexual act of similar activity through vcd and dvd internet
, cellular phone and similar means or device without written consent of the persons involved nothwistanding the consent to record ot take photo or video coverage of same
was given by such person

Under circumstance where a person has a reasonable expectation of privacy- he or she could disrobe in privacy without being concerned that an image or a private area of
the person was being captured or circumstance where a reasonable person would believe that a private area of the person would not be visible to the public regardless of
whether that person is in public or private

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a
reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual
act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

b. c d even with consent

 SEXUAL HARASSMENT LAW
Where WHO - WHOM - HOW
Work Education Employer, employee, manager, To request or otherwise require any 1) In a work related- the sexual
supervision, agent of the employer, sexual favor from another regardless of favor is made as a condition in
whether the demand, request or the hiring or in the employment,
requirement for submission re-employment or continued
employment of said individual or
in granting said individual
favorable compensation, terms
of condition refusal to grant
sexual favor results in limiting,
segregating or classifying
employee which in any way
would discriminate deprive or
diminish employment
opportunities
2) The above acts would impair
employee rights or privilege
under labor laws
3) The above act would result to an
intimidating, hostile or offensive
environment for the employee
Education, training teacher, instructor, professor, coach, One who is under the care, custody or When the sexual favor is made as a
trainor, or any other person who having supervision of the offender condition to giving of a passing grade, or
authority or moral ascendancy Against one whose education, training granting honors and scholarship or
apprentice or tutorship is entrusted to the payment of a stipend, allowance or other
offender benefits, privilege or consideration
When the sexual advances result in a
intimidating, hostile or offensive
environment for the student. Trainee or
apprentice
-
 Crimes against LIBERTY

Types of Ilegal Detention SLIGHT ILLEGAL DETENTION

1) Kidnapping and serious illegal detention 1) That the offender is a private individual
2) Slight illegal detention 2) That he kidnaps or detains another or in any manner deprives him
3) Unlawful arrest of his liberty
3) That the act of kidnapping or detention is illegal
4) That the crime is committed without the attendance of any of the
circumstances enumerated in art 267
Kidnapping and Serious Illegal Detention Unlawful Arrest
1) That the offender is a private individual 1. That the offender arrest or detains another person ( any person
2) That he kidnaps or detains another, or in any other manner deprives the regardless of whether private or public )
latter of his liberty 2. That the purpose of the offender is to deliver him to the proper
3) That the act of detention must be illegal authorities
4) That in the commission of the offense any of the following circumstances 3. That the arrest or detention is not authorized by law or that there is
is present no reasonable ground therefor
a. That the kidnapping or detention lasts for more than three days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public
officer
ESSENTIAL ELEMENT “ Committed for the purpose of extorting ransom actual
demand is not necessary
Ransom- it can compose of any kind other than money, as long as it is given in
consideration to the freedom of the victim
“Lock up” – is not an element of kidnapping, as long as the victim’s action is
monitored and that he or she cannot go to a place freely
What is controlling is at the time of kidnapping is that when the offender was
able to take the victim in custody ( from WITH CONSENT when taken to without
consent when in custody)/
FORCIBLE ANY WOMAN Abduction is with LEWD
ABDUCTION REGARDLESS OF AGE ANY design
Consented OVER 12 And Under 18 LEWD DESIGN
ABDUCTION woman
ARBITRARY PUBLIC officer
DETENTION
KIDNAPPING AND PRIVATE INDIVIDUAL Deprivation of liberty Committed Under
SERIOUS ILLEGAL ANY Private DEPIVATION OF circumstance 267
DETENTION LIBERTY- NO LEWD
Slight Illegal detention Not committed under
circumstance of 267

Kidnapping of Minors Inducing a Minor to Abandon his home

1) Kidnapping and failure to return a minor 1) That the minor is living in the home of his parents or guardian or the
2) Inducing a Minor to abandon his home person entrusted with the custody
2) That the offender induces said minor to abandon such house
_ minor- person under 18
What is punished here is the INDUCEMENT and not necessarily that a minor
abandons his home
The inducement- actual, committed with criminal intent and determined by a will
to cause damage
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 old but less than 21) now 18 amendment
RA 6803
2) That he deliberately fails to restore the said minor to his parents of
guardians
What is punished here is the deliberate failure of the custodian of the minor
to restore the latter to his parents or guardians

SLAVERY AND SERVITUDE Exploitation of Child Labor

1. SLAVERY 1. That the offender retains a minor in his service
2. EXPLOITATION OF CHILD LABOR 2. That it is against the will of the minor
3. SERVICES RENDRED UNDER THE COMPULSION TO PAY DEBT 3. That it is under the pretext of reimbursing himself of a debt incurred
by an ascendant, guardian or person entrusted with the custody of
the said minor
THE MINOR MUST NOT CONSENT-
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
Difference with Kidnapping and Illegal Detention- in the present case the purpose
of the offender is to enslave the victim
CRIMES AGAINST SECURITY
Section 1 : Abandonment of helpless persons and exploitation of minors
ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF
MINORS
1. Abandonment of persons in danger and abandonment of One’s own
victim
2. Abandoning a Minor
3. Abandonment of minor by person entrusted with his custody
4. Exploitation
ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF
ONE’S OWN VICTIM
1. By failing to render assistance to any person whom the offender
finds in an uninhabited place wounded or danger of dying when he
can render such assistance without detriment to himself unless
such omission shall constitute a more serious offense
ELEMENTS
A. That the place is not inhabited
B. The accused found there a person wounded or in danger of dying
C. The accused can render assistance without detriment to himself
D. The accused fails to render assistance
2. By failing to help or render assistance to another whom the offender has
accidentally wounded or injured
3. By 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 the safe place (whether inhabited place or not)
Services Rendered under the compulsion of Payment of Debt
1. That the offender compels a debtor to work for him either as a household
servant or a farm laborer
2. That it is against the debtor’s will
3. That the purpose is to require or enforce the payment of debt
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 intent to kill the child when the latter is abandoned
A permanent, conscious and deliberate abandonment is required
Circumstance which qualify the offense
1. When the death of the minor results from such abandonment or
2. If the life of the minor was in danger because of the abansonmnet
ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY
1. By 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 absence of that one, without the consent of the 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 charged with the rearing or
education of said minor
a. That the offender has charge of rearing or education of a minor
b. That he delivers said minor to a public institution or other persons
c. That one who entrusted such child to the offender has not consented to
such act; or if the one who entrusted such child to the offender is absent,
the proper authorities have not consented it
Elements of INDIFERENCE
a. That the offender is a parent
b. That he neglects his children by not giving them education- failure
to give education must be due to a deliberate desire to evade
c. That his station I life requires such education and his financial
condition permits it
 Exploitation
1. By 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. By employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver or
wild animal tamer the offender being an acrobat etc or circus manager or person engaged in a similar setting
3. By 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. By 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. By inducing any child under 16 years of age to abandon the home of its ascendant, 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

PUNISHMENT ; DEPRIVATION OF PARENTAL AUTHORITY.

Difference between INDUCING A MINOR TO ABANDON HIS HOME (exploitation)

1. If the purpose of inducing the minor to abandon his home is to FOLLOW ANY PERSON engaged in any of the callings of being an acrobat, gynast, rope
walker, diver, wild animal trainer etc the crime would be exploitation of MINOR.(under 16)
2. If there is no purpose- INDUCING A MINOR TO ABANDON HIS HOME(under 18)

TRESSPASS TO DWELLING OTHER FORMS OF TRESSPASS

Elements: ELEMENTS:
1. That the offender is a private person 1. That the offender enters the closed premises or a fenced estate of
2. That he enters the dwelling of another another
3. That such entrance is against the latters will 2. That the entrance is made while either of them is uninhabited
PRIVATE PERSON- if the one who committed the crime is a public person the 3. That the prohibition must be MANIFEST
crime would be violation of domicile. 4. That the trespasser has not secured permission
AGAINST THE WILL”- enters against the will of the occupant and not when it
was entered into without his knowledge.
Ownership of the house is immaterial as long as it is “ against the will of the
actual occupant”
“Expressed Prohibition- does not apply only to words, b ut through implied
prohibitions through action ( letting the person stay into the porch).
“IMPLIED CONSENT”- “ went up the house of the offended party, entered the
room of the daughter. – entering the door half open.
The prohibition must exist prior to or at the time of entrance otherwise it will not
be trespassing if there was prior consent.
Trespass by MEANS OF VIOLENCE
There will still be trespass even though there is implied prohibition thereof as long Difference between quali trsspass to other trespass
as there was a use of violence and intimidation.
1. Pushing the door violently and maltreating the actual occupant
2. Violence may still happen even after entrance- the accused entered into 1. Trespass to dwelling is commited by a PRIVATE PERSON who
the house without first obtaining the permission of any person once ENTERS A DWELLING OR A HOUSE, the house shoud be INHABITED
inside wounded the husband and the crime is constituted BY ENTERING THE PLACE WITHOUT THE
3. Wounding by means of bolo the owner of the house immediately after CONSENT OF THE OWNER
entrance 2. OTHER FORMS OF TRESSPASS IS COMMITED –ANY person who
TRESSPASS BY MEANS OF INTIMIDATION. ENTERS A CLOSED PREMISES OR AN ESTATE, the same being
1. Firing a revolver in the air by person attempting to force their way into the uninhabited and is COMMITTED BY ENTERING THE CLOSED OR
house FENCED ESTATE WITHOUT SECURING THE PERMISSION FROM
2. The flashing of a bolo upn gaining entrance THE CARETAKER.
THIS ARTICLE WILL NOT BE APPLICABLE WHEN
1. The entrance to another’s dwelling is made for the purpose of preventing
some harm to himself, the occupants or the dwelling of the third person
2. If the purpose is to render some service to humanity or justice
3. If the place where the entrance is made is a café ,tavern, inn and other
PUBLIC houses while the same was open
Threats
GRAVE THREATS ( there is a crime and that there may or may not be a
condition).
1.Threatening another with the infliction upon his person, honor, 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. By making such threats WITHOUT the offender attaining his purpose\
3. By threatening another with the infliction upon his person, honor or property or
that of his family of any wrong amounting to a crime the threat is not subject to a
condition
RULE : ( condition will be demanding money or imposing any other condtition).
1. Threatening another of any wrong amounting to a crime and
DEMANDING MONEY OR IMPOSING CONDITION ( crime with a
condition)
2. Threatening another with the infliction upon his purpose, honor or
property or that his family any wrong AMOUNTING TO A CRIME not
SUBJECT TO A CONDITION.
WHAT is essential in grave threats is that there is an intimidation- a promise of
some future harm or injury either to the person , honor, property of the offended
party.
The threat must be wrong- “ threatened with something not wrong”
LIGHT THREATS( NO CRIME but there is a CONDTION).
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 any other condition is imposed
even though it is not unlawful
4. That the offender has attained his purpose or that he has not attained his
purpose.
Coercion
GRAVE COERCION
TWO WAYS OF COMMITITNG GRAVE COERCION
1. By preventing another by means of VIOLENCE, THREAT,
INTIMIDATION from doing something that is NOT prohibited by law
2. By compelling another by means of violence, threats or intimidation to do
something against his will whether it be right or wrong
ELEMENTS:
1. That a person prevented another from doing something is NOT
prohibited or that HE COMPELLED him to do something against his will
be it right or wrong
2. That the prevention or compulsion be effected by violence, threats and
intimidation
3. That the person that restrained the will and liberty of another does not
have the authority to do so
Essence: there must be a prevention AND A Compulsion to do something
not prohibited by law.
LIGHT COERCION
1. That the offender must be a creditor
2. That he seizes anything belonging to the debtor
3. That the seizure of the thing be accomplished by means of violence or
display of material force producing the intimidation
4. That the purpose of the offender is to apply the same as to the payment
of debt.
The purpose of the taking must be for the PAYMENT of DEBT otherwise it
cannot constitute light coercion.
OTHER LIGHT THREATS( the wrong done DOES NOT AMOUNT TO THE
CRIME BUT NOT SUBJECT TO A CONDITION)
1. By threatening another with a weapon, or by drawing such weapon in a
quarrel, unless it be self defense
2. By orally threatening another, IN THE HEAT OF ANGER with some
harm ( not ) constituting a crime without persisting in the idea involved in
threat
3. By orally threatening to another any harm not constituting a felony.
FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS
1.That the 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
2. That the purpose is to ORGANIZE, MAINTAIN, OR PREVENT COALITION of
capital, labor ,strike of laborers or lockout of employees.
“Preventing the joining of any labor organization is punishable under the LABOR
CODE AND NOT The RPC. This article only talks about those ( compulsion
which force the laborers in free and legal exercise.
GRAVE (CRIME WITH OR WITHOUT A LIGHT( CRIME NO CONDITION)
CONDTION)
1. Threatening another with the infliction upon
his purpose, honor or property or that his
UNJUST VEXATION-
Definition: Any human conduct which although not productive of some physical
or material harm would however, unjustly, annoy or vex an innocent person.
Paramount consideration- whether the acts would cause annoyance, irritation,
torment, distress or disturbance to the mind of the person to whom it is directed.
There is no violence in UNUST VEXATION.
Light coercion ABSENT VIOLENCE AND INTIMIDATION IS UNJUST
VEXATION.
MALICE is an essential element- therefore, showing of an ugly face to another
person cannot be Unjust vexation
Other similar coercion
Acts punishable.
1. By forcing or compelling, directly or indirectly or knowingly
permitting the forcing or compelling o the laborer or employee of
the offender to purchase the merchandise or commodities of any
kind from him
a. That the offender is any person, agent or officer of any association or
corporation
b. That he or such firm or corporation has employed laborers or
employees
c. That 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
2. By paying the wages due to his laborer or employee by means of
tokens or objects other than the legal currency of the PH, unless
there is an express request from the laborer or employee
a. That the offender pays the wages due to a laborer or employee
employed by h im by means of tokens or objects
b. That those tokens are other than the legal tender currency
c. That such employee or laborer does not expressly request that he be
paid by means of tokens or objects.
OTHER LIGHT( no crime no condition).
2. By threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it
 family any wrong AMOUNTING TO A be self defense
CRIME not SUBJECT TO A CONDITION.

SIMILAR THE WRONG DONE IS A CRIME: IN OTHER LIGHT THREATS THE HARM DONE DONE is not subject to a condItion
5. That the offender makes a threat to commit By orally threatening another, IN THE HEAT
a wrong OF ANGER with some harm ( not )
6. That the wrong does not constitute a crime constituting a crime without persisting in the
7. That there is a demand for money or any idea involved in threat
other condition is imposed even though it is
not unlawful
That the offender has attained his purpose
or that he has not attained his purpose.
Similar : NO DEMAND FOR MONEY OR THAT THERE IS NO CONDITION

Threats from COERCION

1. If the harm done is direct and immediate, the crime is coercion however, if the harm is to be inflicted at a later date it is threats.

COERCION THREATS
Utterance of the words are not needed Utterance of words are needed
Actual and Imminent Can be fulfilled in the future
May not constitute a crime May or may not constitute a crime

DISCOVERY AND REVELATION IF SECRETS

Three kinds of discovery and revelation of secret
1. Discovering secrets through seizure of correspondence
2. Revealing secrets with abuse of office
3. Revealing industrial secrets
Revealing secrets with abuse of office( the secret must come to knowledge
because of office)
1. That the offender is a MANAGER, EMPLOYEE, OR SERVANT
Discovering secrets through seizure and correspondence- impelled to
know the secret of another
1.That the offender is a PRIVATE individual or even a public officer not in
exercise of his public function
2. that he seizes the paper or letter of another
3. that the purpose is to discover the secrets of another person
4. That the offender is informed of the content of the papers or letters seized.
If private officer- art 230 applies. Public officer comes to know the secret of any
private individual by reason of public office and reveals them
REVELATION OF INDUSTRIAL SECRETS
1. That the offender is a PERSON IN CHARGE, EMPLOYEE, OR
WORKMAN of the manufacturing or industrial establishment
 2. THAT he learns the secrets of his principal or master in such capacity 2. That the manufacturing or industrial establishment has a secret of the
3. That he reveals such secrets industry which the offender has learned
3. That the offender reveals the same
4. That the prejudice is cause to the owner.

Ra 9208: An act to institute Policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional
mechanism for the protection and support of trafficked person providing penalties for its violation “Anti- trafficking of persons act”
Trafficking in persons- Refers to the recruitment, transportation, transfer, or harboring or receipt of persons with or without the victim’s consent or knowledge, within
or acrss national boarders by means of THREAT or use of force or other forms of coercion used to obtain the consent of the victim ( this can be committed, with or
without consent of the victim.)

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the
following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of
domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic
Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering
persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons,
shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting
trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of
any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by
any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit
documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for
the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial
boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting
trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in
furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies;
and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary
servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and
said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when
the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

AMENDMENT TO THE ANTI TRAFFICKING ACT

SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;

"(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman
to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

"(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;

"(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;

"(e) To maintain or hire a person to engage in prostitution or pornography;

"(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for purposes of prostitution, pornography, sexual exploitation, forced
 labor, slavery, involuntary servitude or debt bondage;

"(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;

"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage in armed activities in the Philippines or abroad;

"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means defined in Section 3 of this Act for purposes of forced labor,
slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:

"(1) To believe that if the person did not perform such labor or services, he or she or another person would suffer serious harm or physical restraint; or

"(2) To abuse or threaten the use of law or the legal processes; and

"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including but not
limited to, the act of baring and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall
include:

"(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced labor, including recruitment of children for use in armed
conflict;

"(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances;

"(3) The use, procuring or offering of a child for the production and trafficking of drugs; and

"(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out, is likely to harm their
health, safety or morals; and

"(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act."

Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements
of the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking in persons. As
such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking in persons.

"In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:

"(a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid reason therefor and without the required clearance or permit from the
 Department of Social Welfare and Development, or a written permit or justification from the child’s parent or legal guardian;

"(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;

"(c) Recruiting a woman to bear a child for the purpose of selling the child;

"(d) Simulating a birth for the purpose of selling the child; and

"(e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and
low-income families, for the purpose of selling the child."

Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts defined in this Act shall be punished
in accordance with the provisions of Section 10(c) of this Act."

Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices, take part in
its commission in any of the following manners:

"(a) By profiting themselves or assisting the offender to profit by the effects of the crime;

"(b) By concealing or destroying the body of the crime or effects or instruments thereof, in order to prevent its discovery;

"(c) By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his or her public functions or is known to be
habitually guilty of some other crime.

"Acts defined in this provision shall be punished in accordance with the provision of Section 10(d) as stated thereto."

Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate trafficking in persons, shall be unlawful:

"(a) xxx

"(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers, overseas employment certificates or other
certificates of any government agency which issues these certificates, decals and such other markers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;
 "(c) xxx

"(d) xxx

"(e) xxx

"(f) xxx

"(g) xxx

"(h) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence witnesses, in an investigation or prosecution of a case under this
Act;

"(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other travel,
immigration or working permit or document, or any other actual or purported government identification, of any person in order to prevent or restrict, or attempt to prevent
or restrict, without lawful authority, the person’s liberty to move or travel in order to maintain the labor or services of that person; or

"(j) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this Act."

Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be considered as qualified trafficking:

"x x x

"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;

"x x x

"(f) When the offender is a member of the military or law enforcement agencies;

"(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);

"(h) When the offender commits one or more violations of Section 4 over a period of sixty (60) or more days, whether those days are continuous or not; and

"(i) When the offender directs or through another manages the trafficking victim in carrying out the exploitative purpose of trafficking."
 CRIMES AGAINST HONOR

1. Libel by means of writings or similar means Elements of Defamation

2. Threatening to publish and offer to prevent such publication for a 1. There must be an imputation of a crime, or of a vice or defect , real
compensation or imaginary or any act, omission, status or circumstance
3. Prohibited publication of acts referred to in the course of the  The imputation may cover, crime allegedly committed by the
proceedings offended party. Vice or defect, real or imaginary of the offended party
4. Slander or any act or omission, condition ,status, circumstance relating to the
5. Slander by deed offended party.
6. Incriminating innocent person  Tending to injure reputation or to diminish the esteem, respect, good
7. Intriguing against honor will or confidence in the plaintiff or to excite derogatory feelings or
opinions about the plaintiff
 Defamation of a large group of an individual does not give rise to a
cause of action on one of the members thereof. ( Vicario v pp)- Each
of the muslim may perceive such defamation in a different
perspective. A PARTICLAR PERSON MUST BE NAMED IN A
GROUP.
2. That the imputation must be made publicly
1. The allegation of a discreditable act or condition another
2. Publication of the charge
3. Identity of the person defamed
4. Existence of malice
It must not be sent straight to the person from whom it is written there is no
publication of it.It is enough that the defamatory matter , adter it has been written
was made known to someone other than the person whom it has been written.
When the public officer in the discharge of his or her duties sends a
communication to another officer or to a body of officers who performs or has a
duty such communication is not privileged.
UNSEALED LETTER- Libelous if a third person other than the one who is the
subject reads it
Sealed- Not libelous if a person shows it to another other than the addressee
3. That is must be malicious
a. Libelous statement must be shown to have been written or published
with the knowledge that they are false or in reckless disregard of
whether they are false or not. There is reckless disregard when the
defendant entertains serious doubts as to the truth of the publication
or that he possess as high degree of awareness of their probable
falsity.
Malice in law- law based, It dispenses with the proof of malice, when words that
General principles raise the presumption are shown to have been uttered. It is malicious because it
Defamation- Includes Libel and slander. It means the offense of injuring a violates a law (a defamatory remark of a private person- malice is presumed)
person’s character, fame or reputation through FALSE and malicious statements. Malice in fact- facts based. A postitive desire and intention to annoy and injure.
It is that which tends to injure reputation or to diminish the esteem, respect, good Fueled by ill will and spite.( Yuchengco case). Must prove ill will , (qualified
will or confidence in the plaintiff or to excite derogatory feelings or opinion about privilege).
the plaintiff.
Libel= defamation committed by means of 4. That the imputation must be directed to a natural or juridical person
1. Writing 5. That the imputation must tend to cause, dishonor, discredit, or
2. Printing contempt of the person defamed .
3. Phonograph
4. Painting 6. The victim must be identifiable
5. Lithography a. The victim can be identified even though he or she is not necessarily
6. Engraving named can still constitute libel. It is not enough that the offended
7. Radio party HIMESELF recognized that he is the person attacked, there
8. Theatrical exhibition should at least be a third person who could identify him in libelous
9. Cinematography exhibition publication.
10. Or any similar means 7. It must be defamatory
SLANDER- oral defamation Defamatory- the question is not what the writer means of an alleged libel
RATIO : the law recognizes the value of such reputation and I,poses upon him what the words used by him mean. The charge is sufficient if the words
who attacks it by slanderous words or libelous publication. The liability to make are calculated to induce the hearers to suppose and understand that the
full compesantion for the damages done. person or persons against whom they were uttered were guilty of certain
ART 354: Every defamatory imputation is presumed to be malicious even if offenses or are sufficient to impeach their honesty, virtue, or reputation
true if no good and justifiable motive making it is shown or to hold the person or persons up to public ridicule.
 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION
1. by threatening another to publish a libel concerning him, or his parents,
spouse, child or other members of his family
2. by offering to prevent the publication of libel for compensation.
Blackmail- extortion of money by threats of accusation or exposure.
PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COUSE OF
OFFICIAL PROCEEDINGS.
“Gag law”-
1. that the offender is a REPORTER, EDITOR, OR MANAGER OF A
NEWSPAPER 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.
-Still liable even though it was made in connection with or under the pretext that it
is necessary in the narration of any judicial or admin proceeding.
The publisher, editor and columnist cannot be compelled to reveal the source of
any news report or information appearing in the said publication which was
related in confidence to such publisher, editor unless the house committee or the
congress finds it necessary
PRIVILEGE OF COMMUNICATION- destroys the general rule that malice is
presumed. Actual malice rest upon the complainant in proving whether
such exist.
1. ABSOLUTE PRIVILEGED- Those which are not actionable even if the
author has acted in bad faith. (SPEECH OR DEBATE) ONLY
a. Exempt a member of congress from liability for any speech or debate
in the congress or in any committee thereof
b. Allegations or statements made by parties or their counsel in their
pleadings or motions or during the hearing of judicial proceedings as
well as the answer given by the witness in reply to questions
propounded to them ( Saying Mamatay tao to an person accused of
murder).
2. QUALIFIED PRIVILEGED- not actionable unless found to have been
made without good intention
A letter loses its privileged when it was circulated among the public.
a. Private communication made by a person to another in the
performance of any legal, moral or social duty (THIS CANNOT
APPLY TO TUFLO CASE BECAUSE THAT COMMUNICATION IS
PUBLIC IN NATURE- AIRED IN TV).
1. The person who made the communication had a legal, moral or
social duty to make the communication or at least had the
interest to protect which interest may wither be his own or of one
to whom it is made
2. The communication addressed to an officer or board or superior
having some interest or duty in the matter an who has the power
to furnish protection sought
3. The statements in the communication are made in good faith
without any malice.
b. fair and true report without any comment and remarks of any
judicial legislative or other official proceedings which are not of
confidential in nature or to any statement, report, speech
delivered in the said proceedings or any other act performed by
public officers/ public figure in exercise of their functions. – an
expression of opinion based on established facts then it is immaterial
that the opinion happens to be mistaken as long as it can be inferred
from the facts. What is not allowed is the false allegation of fact or a
comment based on false supposition.
 c. Fair commentary of Matters of Public Interest

Fair commentary matters of Public Interest, Public officer- Fair commentary

PUBLIC- PUBLIC OFFICER AND PUBLIC FIGURE (MGA ARTISTA)
Excempt or the communication is privileged.
Kris Aquino- the interest of her private life is intertwined with her public
life. Hence, even though there is a libelous statement against her it is
still privileged. She conducted herself that way
Anne Curtis’s Mouth- “Ang laki laki ng bunganga ni Anne Curtis”- Not
libelous
Anne Curtis- sobrang pangit ni anne Curtis, mukang ** - libelous
because she did not conduct herself to be in such manner. Also, saying
libelous statement against the personal life of a person is libelous

SLANDER IS ORAL DEFAMATION- libel committed by oral spoken means SIMPLE SLANDER GRAVE SLANDER
instead of writing. Defamatory words which tend to prejudice another in his The utterance of defamatory words in - A SERIOUS OR INSULTING
reputation, office, trade, business or means of livelihood. the HEAT OF ANGER, with some NATURE . There is an
1.SIMPLE SLANDER provocation on the part of the offended intention to ridicule and the
2. GRAVE SLANDER. party. feeling is not merely caused to
Words uttered in the heat of anger or dismay.
when passions are running are not to
Factors which determine the gravity of oral defamation be taken seriously under ordinary
1. expressions used circumstances.
2. personal relations of the accused and the offended party
3. Circumstances surrounding the case.
4. Standing and position of the offend party

SLANDER BY DEED- receiving humiliation caused by the maltreatment.

1. A crime against honor which is committed by PERFORMING ANY ACT WHICH cast dishonor, discredit, or contempt upon another person
Elements
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 cast dishonor, discredit or contempt upon the offended party
SLANDER BY TWO KINDS- KISSING SOMEONE WITHOUT LEWD DESIGNS
1. Simple slander by deed
 2. Grave slander by deed.
 TO BE DETERMINED BY SOCIAL STANDING, CIRCUMSTANCES, OCCASION.
Maltreatment- result, slander by deed- if the offender suffers Humiliation as a result of rgw maltreatment slander.

UNJUST VEXATION WITHOUT ANY OTHER FACTOR

SLANDER BY DEED IRRITATION AND ANNOYANCE ADDITION PUBLICLY DISHONOR OR CONTEMPT
ACTS OF LASCIVIOUSNESS FORCE OR INTIMIDATION, DEPRIVATION OF
REASON OTHERWISE UNCOSCIOUS ETC.

Liability of persons responsible for libel

1. The person who publishes, exhibits or causes the publication or exhibitions of any defamation in writing or any other similar means
2. The author or editor of the book (same liability)
3. The editor or Business manager of daily newspaper or serial publication
4. The owner of the printing plant which publishes a libelous article with his consent and all other persons who have connection with regard to the publication.
Venue of criminal and civil action for damages.
The criminal and civil action for damages in case of written defamation shall be filed simultaneously or separately with the CFI
1. Where libelous article is printed and first published or( not where it is written but published).
2. Where any of the offended parties actually resides at the time of the commission of the offense.
Public officer- when one of the offended parties is a public officer whose office is in city of manila at the time of the commission of the offense it shall be filed in city of
manila.
Private individual- to be filed in a place where he actually resides.
Proof of truth(defense for libelous claim )
1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer
2. When the offended party is a government employee , even if the act or omission does not constitute to the crime provided that it relates to the discharge of
his official duties.
3. When the acts or words are true.

INCRIMINATORY MACHINATIONS Intriguing against honor- the offender resorts to an intrigue for the purpose of
1. INCRIMINATING INNOCENT PERSONS blemishing the honor or reputation of another person.
2. INTRIGUING AGAINST HONOR Committed by any person who shall make any intrigue which has for its principal
purpose to blemish the honor or reputation of another person(gossip is not- THE

Libel PUBLIC AND MALICIOUS-
Slander CALCULATED TO DISHONOR,
DISCREDIT OR CONNTEMPT
Incriminatory machinations Does not use written or spoken
Intriguing against honor words in besmirching the victim’s
reputation
SOURCE OF THE INFORMATION MUST NOT COME FROM ANOTHER
PERSON OR DEFINITE) included).
Incriminating against innocent person- the planting of evidence and the like
which tends to directly cause false prosecution.
1. That the offender performs an act
2. That by such act he DIRECTLY incriminates or imputes to an innocent
person the commission of the crime
3. That such act does not constitute perjury. Does not require spoken
words
The source of the information is
definite and that the person uses
such information to besmirch the
reputation of another
The source of the information is not
DEFINITE , the author cannot be
determined and the accused
borrows the same without
subscribing the truth thereof
 CRIMES AGAISNT THE CIVIL STATUS OF A PERSON
Crimes against the civil status of a person
1. Simulation of birth, substitution of one child for another and
concealment or abandonment of a legitimate child
2. Usurpation of civil status
3. Bigamy
4. Marriage contracted against the provisions of the law
5. Premature marriages
6. Performance of illegal marriage ceremony.
USURPATION OF CIVIL STATUS- a person who impersonates himself to be
another and assumes the FILATION or the parental or conjugal rights of such
another person.
A IMPERSONATES himself to be C , the son of another and assumes the rights
of C as the rightful heir.
There must be an intent to enjoy the rights arising from the civil status of
another
CIVIL STATUS- public station in life, or other rights, duties and capacities and
incapacities which determine a person to a given class. (
INCLUDINGPROFESSION)
SIMULATION OF BIRTH- the intent is to cause the loss of or civil status of a
person
1. Simulation of birth- takes place when the woman pretended to be
pregnant when in fact she is not and on the day of the supposed delivery
she takes a child of another as her own. Altering the civil status of a
person
Tampering of the civil registry making it appear in the birth records that a
certain child was born to a person who is not his or her biological mother(
MAY AMNESTY NA) .
2. Substitution of one child for another- placing a live child of a woman
in place of dead one of another woman
3. Concealing or abandoning any legitimate child with the intention to
cause such child to lose its civil status –
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the INTENT to cause such child to lose his civil
status
Vs abandonment of the minor- no intent for abandonment of a minor.
BIGAMY
1. That the offender has been legally married
2. That the marriage HAS NOT BEEN LEGALLY DISSOVED or in case
his or her spouse is absent, the absent spouse could not yet be
presumed acc to civil code\
The subsequent nullity of the first marriage is not a defense to Bigamy. Even
though hisfirst marriage has been declared subsequently void, the law punishes
the fact that the offender contracted a second marriage while the same was still
subsisting.
3. That he contracts a SECOND or subsequent marriage
4. That the second or subsequent marriage has all the essential
requisite of validity.
GENERAL RULE: The second marriage becomes a prejudicial question to
bigamy if it lacks the formal or essential requisite to make a marriage void.
(absence of consent and lack of marriage license)- The court needs to determine
first whether the 2ND MARRIAGE HAS ALL THE REQUISITES FOR ITS
VALIDITY.( pp v diez)
It is not necessarily to include the second spouse of the marriage because it is a
public crime and that it is not the same as concubinage and adultery.(PP vs
Nepomuceno). The crime of bigamy is committed when a person contracts a
second or subsequent marriage before the former marriage has been legally
dissolved or presumptively dead. Pardon of the offended party will not extinguish
the case it being a public crime.
REMARRIAGE: The spouse ,in order to remarry must obtain a Judicial
Declaration of presumptive death, or Judicial declaration of Nullity as the case
may be.
EXEMPTION: When there is fraud, the offender knew that they lack essential
requisite for validity of marriage but conducted themselves as if they are
capacitated. The court cannot use misrepresentation to escape from criminal
liability
Void due to Psychological incapacity is not an indicator to determine whether
such marriage is lacking in essential or formal requisite. (2nd marriage).
The second marriage wife/ husband who knew of the first marriage is an
accomplice
It is not a private crime- hence it is ok that only one of the spouse is imputed, not
necessarily both ( 2nd marriage).

MARRIAGE CONTRACTED AGAISNT THE PROVSIONS OF LAW PREMATURE MARRIAGES- repealed the imposition of a mourning period
1. That the offender contracted marriage for widows
2. That he knew at the time that (301 days discriminatory) for parents.
a. The requirements of the law were not complied with or
b. The marriage was in disregard of a legal impediment
Qualifying- if either of the contracting parties obtains the consent of
the other by means of violence, intimidation or fraud. How is a MARRIAGE DISSOLVED
1. Death of one of the contracting parties
One enters a marriage knowing that he lacks essential marriage license. The 2. Judicial declaration annulling a void marriage
crime is not bigamy but it falls under this section. 3. Judicial decree annulling a voidable marriage
The death of the first spouse during the pendency of the marriage does not
Requisite for a valid Marriage extinguish the crime, because the accused married the second spouse
1. Legal capacity of the contracting parties who must be a male and a when the first spouse was still subsisting
female
2. Consent freely given in the presence of the solemnizing officer
3. Authority of the solemnizing officer
4. A valid marriage license except in marriage of exceptional character
5. A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the
presence of two witness of legal age.
PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY
The solemnizing officer has the authority to conduct the marriage.
Marriage ceremony
1. Appearance of the contracting parties before the solemnizing officer
2. Personal declaration that they take each other as husband and wife
3. In the presence of two witness of legal age.
PP vs Ronulo – no prescribed form of religious right for solemnization is required it is only necessary that the two contracting parties, appear before the presence of
the solemnzing officer PERSONALLY declare that they declare themselves as man and wife in the presence of no less than two witness.
Personal declaration- must be face to face not appearing in camera or skype
CRIMES AGAINST PROPERTY.

CONSPIRACY- if the robber tries to prevent the commission of homicide after the commission of robbery then he is only guilty of robbery and not of
robbery with homicide. All those who conspirer to commit robbery with homicide are guilty as principals of such crime although not all profited and
gained from robbery/

Intent to gain
Sazon vs Sandiganbayan
Intent to gain : the public officer employed with the DENR has the power to make reports on forestry violation which can eventually result to the confiscation of the
logs of the petitioner( unlawfully taking the property) – intimidation- using her position to do the same
The money asked was taken by the petitioner from R AND R with intent to gain through intimidation. There was taking n this case when the offender received and
took possession of the brown envelope containing the money and she even placed her money and handkerchief
The threat of possible demand for 100,000 if the petitioner would not aceede to her demand (confiscation of the logs) the eventual receipt of the same makes the
taking unlawful.
Intent to gain is presumed from the unlawful taking of the motor vehicle even if it was returned. The term gain is not merely limited to pecuniary benefit but also
includes the benefit which in any other sense may be derived or expected from the act which is performed. THEREFORE, THE MERE use of the thing which is taken
without the owner’s consent is intent to gain .
CONSULTA V PP- One takes a motor vehicle of another without the latter’s consent even if the motor vehicle is later returned there is theft there being intent to gain
as the use of the thing unlawfully taken constitutes gain .
Taking a car in a JOYRIDE- the taking was temporary and for a joy ride- that which hold that when a person either with the going to a certain place or learning how to
drive takes the car without the consent of its owner he is guilty of theft because the taking of the possession of the personal is guilty of theft.

ROBBERY WITH VIOLENCE
Conspiracy- two or more
persons coming to an
agreement concerning the
commission of the felony and
decides to commit it.
PP vs angeles – The use of
hand grenade and told the
driver Juyo that it is a hold up
bhhb b
ROBBERY WITH HOMICIDE
The main intent of the perpetrator is robbery,
homicide is just a mere afterthought.
Element :
1. The taking of personal property is
committed with the violence or
intimidation against persons;
2. The property taken belongs to
another
3. The taking is amino lucrandi
4. By reason of robbery or on the
occasion thereof, homicide is
ROBBERY WITH RAPE ROBBERY IN A BAND
It must be shown that the rape “When more than 3 armed malefactors take
was committed by reason or on part in the commission of robbery, it shall
the occasion of a robbery and be deemed to have been committed by a
not the other way around. band.
Where the original intent of the There must be at least 4 armed malefactors .
accused was to take, with the
intent to gain personal property
belonging to another and rape
is committed on the occasion
thereof or as an accompanying
crime. In the case at at bar, the
 committed. original intent of the appellant
In robbery wit homicide, the original criminal and his co-accused was to rob
design of the malefactor is to commit the victim, and AAA was raped
robbery, with homicide perpetrated on the on the occasion of the robbery.
occasssion or by reason of robbery. The
intent to commit robbery must precede the
taking of human lide. The homicide may
take place before, during or after robbery.
 IT DOES NOT MATTER
WHETHER THE VICTIM IS
ANY PERSON OTHER THAN
THE ROBBERY VICTIM
Homicide is committed on occasion of
Robbery if
1. Used to facilitate robbery or the
escape of the culprit- the killing was
to assure the purpose of the success
of robbery
2. To preserve the possessions of the
culprit of the loot
3. To prevent discovery of the
commission of the robbery
4. To eliminate witness in the
commission of the crime

ROBBERY ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

1. Robbery with violence against or intimidation of persons 1. Robbery with homicide
2. Robbery by the use of force upon things 2. Robbery with Rape
Robbery- is the taking of personal property belonging to another with intent to 3. Robbery with serious Physical Injuries
gain by means of violence against, or intimidation of any person or using force 4. Robbery with Unnecessary violence and intimidation
upon anything 5. Robbery with violence against or Intimidation of any person
Robbery- intent to gain, as an element of the crime of robbery is an internal act;
hence it is presumed from the actual taking of the property (UNLESS SPECIAL
CIRCUMSTNACE REVEAL A DIFFERENT INTENT ON THE PART OF THE
PERPRETRATOR).
Robbery with Violence Against Intimidation of Persons Robbery with Violence Against or Intimidation – Qualifying Circumstance(
1. That a personal property belonging to another compare some circumstances with special laws)
2. That there be unlawful taking of that property 1. In an uninhabited place
 3. Intent to gain must be present
4. That there is violence against or intimidation of any person or force uponthe offense.
anything
Intimidation- choose between two alternatives , used his position to part with their
money or to suffer the burden and humiliation of the confiscation.
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION
1. That the offender has the intent to defraud another
2. That the offender compels him to sign, execute, or deliver any public
instrument or document to another( any kind of document whether
private or not)
3. That the compulsion must be by means of violence or intimidation
The said person must have no obligation to sign the same and that the
document should be valid for this to apply.
2. band- when at least 4 armed malefactors take part in the commission of
- That he was a member of the band
- That he was present at the commission of a robbery by the band
- That the other members of the band committed an assault
- That he did not prevent the assault
3. Attacking a moving train, street, car, motor vehicle or airship or
4. By entering the passenger’s compartments in a train or in any
manner taking the passengers thereof by surprise in the respective
conveyances
5. On a street, road or alley and the intimidation is made with the use
of firearms
ROBBERY BY FORCE UPON THINGS
1. Robbery in an inhabited house, or public building or edifice devoted to
religious worship
2. Robbery in an uninhabited place or in a private building
ESSENTIAL ELEMENT: THE MALEFACTOR SHOULD ENTER THE
BUILDING

SUBSECTION A- ROBBERY WITH FORCE UPON THINGS( ROBBERY IN AN

INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO SUBSECTION B- ROBBERY WITH FORCE UPON THINGS
WORSHIP) 1. That the offender is inside a dwelling, house, public building or
1. That the offender entered an INHABITED place OR edifice devoted to religious worship, regardless of the
Inhabited place- any shelter, ship, or vessel constituting the dwelling of one or circumstance which he entered it;
more person even though the inhabitants thereof shall be temporarily absent 2. That the offer takes personal property of another with intent to gain
when Robbery was committed under the following circumstance
2. A PUBLIC building OR a. By breaking of doors , wardrobes, chest or any other kind of locked or
(Inhabited house, public building or edifice devoted to religious worship is sealed furniture or receptacle OR
qualified when committed by a band an in uninhabited place.) b. By taking such furniture or objects away to be broken or forced open
3. Subdivision outside the place of robbery.
4. That the entrance was effected by any of the following means
a. Through opening not intended for entrance or egress
b. By breaking any wall, roof , floor for or breaking any door or window
c. By using false keys, picklocks or any similar tools
d. By using any fictitious names or pretending the exercise of public
authority
5. That once inside the building the offender took the personal property of
 another with intent to gain
ROBBERY IN AN INHABITED Public building DISTINCTIONS
INHABITED PLACE
PLACE
ROBBERY IN AN UNINHABITED Private building
UNINHABITED PLACE
PLACE (302) NOT OCCUPIED
NOT USED AS A
DWELLING
SINCE THE
OWNER LIVED
IN A SEPARATE
HOUSE
ROBBERY IN AN UNINHABITED PLACE AND BY BAND Opposite of 299 – ROBBERY IN AN UNINHABITED PLACE OR IN A
1. The robbery committed in an uninhabited place AND BY A BAND PRIVATE BUILDING
ROBBERY QUALIFYING (299) UNINHABITED 1. That the offender ENTERED an uninhabited place or building which
(Inhabited house, public building or edifice PLACE OR BY was not a dwelling house, NOT A PUBLIC BUILDING or NOT AN
devoted to religious worship is qualified A BAND DISTINCTIONS EDIFICE dedicated for religious worship
when committed by a band an in 2. That any of the following circumstance are present
uninhabited place.) a. The entrance was effected through an opening not intended for entrance
ROBBERY IN AN UNINHABITED PLACE UNINHABITED or egress
AND BY A BAND (300) PLACE AND b. A wall roof, floor, or outside door or window was broken
BY A BAND c. A door, wardrobe, chest, or any sealed or closed furniture or receptacle
was broken
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle
was broken or
e. A closed or sealed receptacle was removed even if the same be broken
open elsewhere
3. That with intent to gain, the offender, took therefrom personal property
belonging to another

Robbery with homicide- main intent is robbery homicide is an afterthought. POSSESSION OF FALSE KEYS
Conspiracy- without proof that he tried to stop the accused from killing or raping 1. The tools mentioned in the next preceeding articles
he is liable .SPECIAL COMPLE CRIME- THERE IS NO ROBBERY WITH 2. Genuine keys stolen from the owner
HOMICIDE COMMITTED BY A BAND 3. Any keys other than those intended by the owner for use in lock forcibly
opened by the offender
MERE POSSESSION IN #2 AND #2 IS NOT PUNISHABLE
 POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR
TOOLS
1. That the offender has in possession PICKLOCKS or similar tools
2. That such picklocks or similar tools are SPECIALLY ADOPTED TO THE
COMMISSION OF ROBBERY
3. That the offender DOES NOT have lawful cause for such possession
*Note it is not necessary that the picklocks or similar tolls are actually used to
commit robbery

Special laws

ANTI CARNAPPING LAW ANTI HIGH WAY ROBBERY ANTI CATTLE RUSTLING LAW
1. The taking of a MOTOR vehicle which belongs to another Highway Robbery- the seizure of any person The taking away by means, metho or scheme
2. That the taking is without the consent of the owner or by for ransom, extortion or other unlawful purpose without the consent of the owner/ raiser of any
means of violence against or intimidation of persons or by or the taking away of a property belionging to of the above mentioned animals whether or
using force upon things another by means of VIOLENCE against or not for profit or gain or whether committed with
3. That the taking is done with intent to gain INTIMIDATION OF PERSON or force upon or without violence against or intimidation if
Exemption ( the following will be covered by the provisions of things of other unlawful purpose means, any person or force upon things. It includes
robbery or theft if not used in a public highway committed by any person on Any Philippine the killing or the large cattle, or the taking of its
A public highway is defined as – highways are always public free highway meat or hide without the consent of the owner/
for the uaw of every person. There is nothing in the law that raiser.
requires a licesne to use a public highway to make a vehicle a Sec 4- Aiding Duty of the owner- the owner shall before the
motor vwhice within the definition of the anti carnapping law . Any person who knowingly and in any manner large cattle reaches the age of 6 months
1. Road rollers aids or protects pirates or highway robbers/ register the same in the oggice of the city
2. Trolleys brigands such as giving them information municipal treausurer.
3. Street-sweepers about the movement of the police or other Permit- No person, partnership association
4. Sprinklers peace officers of the government or acquires corporation or entity shall engage in the
5. Lawn mowers or receives property taken by such pirates or business of buy and sell of a large cattle
6. Amphibian trucks birgands or in any manner derives any without first securing a permit for the said
7. Cranes if not used on public highways benefits therefrom or any person who directly purpose from the Provincial Commander of the
8. Vehicle which run only on rails and tracks or indirretly abets the commission of piracy or province where it shall conduct such business
9. Tractors, trailers and tractor engines of any kinds and highway robbery or brigandage Presumption- Any person who having in his
used exclusively for agricultural purpose ROBBERY The band Committed possession of a large cattle shall, upon
QUALIFIED UNLAWFUL MOTOR was not against a demand by competent authorities exhibit the
ROBBERY TAKING, INTENT VEHICLE- WITH organized predetermined documents prescribed in the preceding
TO GAIN OF A OR WITHOUT for the or particular section. Failure to exhibit the required
PERSONAL FORCE UPON purpose of victim documents shall be prima facie evidence that
PROPERTY OF THINGS- there robbery the large cattle in his possession are the fruits
 ANOTHER must be an Highway The band Committed of the crime of cattle rustling
WITHOUT THE engine robbery was indiscriminately
Anti CARNAPPING LATTER’S The exemptions organized against any Elements
CONSENT of anti for the person on the 1. That the large cattle is taken
carnapping fall purpose of Philippine 2. That it belongs to another
under robbery robbery highway as 3. That the taking is done by any means,
defined therein methods or scheme
4. The taking is done by any means,
methods or scheme
5. That the taking is done with or without
intent to gain
6. That the taking is accomplished with
or without violence or intimidation
against persons or force upon things
When stolen property is found in the
possession of one, not the owner and without
a satisfaction explanation of his possession,
he is presumed to be the thief.

BIRGANDANGE DIFFERENCE BETWEEN BY A BAND

BAND Purpose : TO There was an Needs to show
COMMIT robbery agreement that robbery was
only not among the three committed
necessarily in the men was to
highway commit only a
particular robbery
BRIGANDAGE PURPOSE: The mere It is not
commit robbery formation of a necessarily
in highway, band for any of needed for
kidnap a person the purpose Robbery to have
to extort ransom, mentioned in the been committed
any other law is sufficient
purpose to be
attained by
means of
violence
There is brigandage when/highway robbery AIDING AND ABETTING A BAND OF BRIGANDS
 1. There be at least FOUR ARMED persons ELEMENTS
2. They formed a band of robber 1. That there is a band of brigands
3. The purpose is any of the following 2. That the offender knows the band to be brigands
a. To commit robbery in the highway 3. That the offender does any of the following acts
b. To kidnap a person for the purpose of extortion or to obtain ransom or a. He in any manner aids, abets, or protects such band of brigands or
c. To attain by means of force and violence any other purpose. b. He gives them information of the movements of the police or other
peace officers of the government or
c. He acquires or receives the property taken by such brigands.

THEFT
WHO ARE LIABLE FOR THEFT
1. Those who with intent to gain, but without violence against or
intimidation of persons nor force upon things take personal
property or another without the latter’s consent
a. That there be taking of personal property
b. That said property belongs to another
c. That the taking be done with intent to gain
d. That the taking be done without the consent of the owner
e. That the taking be accomplished without the use of violcen against or
intimidation of person or force upon things.
2. Those who having found lost property failed to deliver the same to the
local authorities or to its owner
3. Those who after having maliciously damaged the property of another
remove or make use of the fruits or objects of the damages cause by
them
4. Those who enter an In closed estate or field where trespass forbidden or
which belongs to another and without the consent of its owner , shall
hunt fish upon the same or gather fruits, cereals or other forest or
farm products
RATIO : Theft is consummated from the mere fact one takes the personal
property of another without the latter’s consent. There is no need for permanency
in taking or in its intent. MERE TEMPORARY possession by the offender or
disturbance of the proprietary rights of the owner already consummates theft.
Theft is already consummated from the fact that one takes a property of another
without the latter’s consent
The ability to freely dispose the item is not a determinative in the crime of theft
Taking- the offender should have some degree of control over the item
Qualified theft
1. If theft is committed by a DOMESTIC SERVANT
2. IF the theft is committed with GRAVE ABUSE OF CONFIDENCE
3. IF the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property stolen consist of coconuts taken from the premises of a
plantation
5. If the property stolen is fish taken from a fishpond or fishery
6. If the property is taken ON THE OCCASION OF FIRE, EARTHQUAKE,
TYPHOON, VOLCANIC ERRUPTION OR ANY OTHER CALAMITY,
VEHICULAR ACCIDENT OR CIVIL DISTURBANCE.
Qualified theft THE THING IS TAKEN Only entrusted with
the material
possession thereof
Estafa ACCUSED RECEIVES Juridical and Material
THE PROPERTY AND possession of the
CONVERTS IT TO HIS thing due
OWN BENEFIT
Material Possession- actual possession of a personal property the
person cannot claim a better right that that of its owner
Juridical possession- the possession is lawful, arises from a lawful
contract (example –an agent wherein both juridical and material
possession have been transferred ).
 ATTEMPTED Consummated
The offender does not have some The offender should have some
degree of control over the item . degree of control over the item

ANTI- FENCING LAW

Fencing- act of any person who with intent to gain for himself or for
another shall buy, receive possess or keep acquire sell dispose of or in any
oter manner deal in any article, which he knows or should have known to
him to have been deprived from the proceeds of the crime if robbery and
theft

Include any person,firm association corporation partnership or any other

organization commiting the act of fencing.
 USURPATION

WHAT ARE THE CRIMES UNDER USURPATION

1. Occupying of real property or usurpation of real rights in property
2. Altering boundaries or landmarks.
OCCUPYING OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN Alteration of boundary marks
PROPERTY ELEMENTS
ART 312:Occupation of Real Property or Usurpation of Real rights against 1. That there be boundary marks or monuments of towns, provinces or
property. estates, or any other marks intended to designate the boundaries of the
1. By taking possession of any real property belonging to another by means same
of violence against or intimidation of persons 2. That the offender alters the said boundary marks
2. By usurping any real rights in property belonging to another by means of
violence against or intimidation of persons
ELEMENTS ( Castrodes vs Cubelo)
1. That the offender takes possession of any REAL property or usurps any
rights in property
2. That the real property or real right belongs to another
3. That VIOLENCE against or intimidation of persons is used by the
offender in occupying real property or usurping real rights in property
4. That there be intent to gain
People vs Quinao
It has been proven that the accused did not own the property. Furthermore, they
suddenly appeared together with the use of forc, violence and intimidation
usurped and took possession of their landholding claiming that the same is their
inheritance from their ascendants and while there accused immediately gathered
coconuts and made them into copra. The complainant was FORCIBLY driven out
by the accused from their landholding and was threatened that if he wil try to
return something will happen to him ( INTIMIDATION)

CULPABLE INSOLVENCY

Fraudulent Insolvency
1. That the offender is a debtor; that is he has obligations due and payable
2. That he absconds with his property
3. That there be prejudice to his creditor
PROPERTY- WHETHER REAL OR NOT
It is NOT NECESSARY THAT THE VICTIM BE DECLARED BANKRUPT
 SWINDLING AND OTHER DECEITS
Elements of ESTAFA IN GENERAL (315)
1. That the accused defrauded another by
a. With unfaithfulness or Abuse of confidence)
b. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with
the commission of fraud
c. Fraudulent means
2. That DAMAGE OR PREJUDICE capable of pecuniary
estimation is caused to the offended party or the third
person- The amount of damage or prejudice is the basis
of the penalty for estafa
3. That the damage or prejudice capable of pecuniary
estimation is caused to the offended party or the third
person
Damage :
1. The offended party being deprived of his money or property as
a result of defraudation
2. That there be disturbance of property right
3. That there be temporary prejudice
THEREFORE, ESTAFA CAN BE COMMITTED IN 3 WAYS
1. WITH UNFAITHFULNESS OR ABUSE OF CONFIDECE
2. BY MEANS OF FALSE PRETENCES ESTAFA BY DECEIT
3. THROUGH FRAUDULENT MEANS
315(1a) ESTAFA with unfaithfulness or abuse of
confidence(alteration of the substance).
1. That the offender has an ONEROUS obligation to deliver
something of value
2. That he alters its substance, quantity or quality
3. That the DAMAGE OR PREJUDICE is caused to another
4. That demand be made
PP VS MANANSALA- Complainant bought several tins of opium upon
relying on the fact that since he examined exhibit a everything will be
containing opium. The rest of the boxes contained sand or molasses .
even though the obligation be based on an illegal consideration still
ESTAFA 315 1(a) IN GENERAL abuse of confidence or unfaithfulness
Deceit is not an element in abuse of confidence and obvious ungratefulness the
breach of confidence takes place in the place of fraud and deceit which is the usual
element of other estafas. Only damage is an element therefore.
1. By altering the substance, quantity or quality of anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration
2. By misappropriating or converting to the prejudice of another, money, goods or
any other personal property 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 to the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods or other
property
3. By taking undue advantage of the signature of the offended party in blank,
and by writing any document above the signature in blank to the prejudice of the
offended party or third person
315 1(B) ESTAFA THROUGH ABUSE OF CONFIDENCE; MISSAPPROPRIATION
1. That 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 ;
2. That there be misappropriation or conversion of such money or that the property by
the offender or denial on his part of such receipt;(MISSAPPROPRIATING.
CONVERTING OR DENYING).
3. That such misappropriation or conversion or denial is to the prejudice of another
and
That there is a DEMAND made by the offended party to the offender.
Appropriation of conversion of money or property received to the prejudice of the owner and
estafa.. that the time of the occurrence is not a material ingredient to the cri,e. hence the exclusion
Demand is ALWAYS NECESSARY the OFFENDER receives the thing of the period ( time when the thing was supposedly returned) is not material in the crime of
from the OFFENDED party UNDER A LAWFUL TRANSACTION. The estafa.
transaction must always be lawful , while the thing need not to be. Asejo vs People- the demand need not even to be used to show that it has indeed been
made upon the person charged since every mere query as to the whereabouts of the money
would be tantamount to demand. ( MERE ASKING WHERE THE MONEY IS CONSTITUES
AS A DEMAND)..
PP vs Benabaye- the non remittance of some loan payments received from its clients based
on the provisional receipts issued by its accounting officer as well as daily collection reports
corresponding to the said provisional receipts . The court held that the crime in this case is
only theft because there is only MATERIAL possession
Material Possession- the sum of money received by an employee on behald of an
employer is considered to be only material possession of the employee. The material
possession of the employee is by reason of his employment. ( the employee is merely a
custodian of the thing for a period of time until she remint the same.)
Juridical Possession – an agent can assert against his own principal an independent
autonomous right to retain the money or goods received in consonance of agency. When
the principal refuses to reimburse him , indemnity for damages
315 1© ESTAFA BY MEANS OF ABUSE OF CONFIDENCE- SIGNATURE IN BLANK
1. That the paper with the signature of the offended party be in blank
2. That the offended party should have delivered it to the offender
3. That above the signature of the offended party a document is written by the offender without the authority to do so
4. That the document so written creates a liability of or causes damage to the offended party or any other person
ESTAFA OF ABUSE OF CONFIDENCE VS THEFT ESTAFA ENTRUSTED CONTINUING Private MISSAPPROPRIATING,
WITH THE OFFENSES funds converting or denying
THEFT Taking of the Material OR FUNDS OR having received money,
thing PHYSICAL PROPERTY goods or any other
POSSESSION personal property
Estafa abuse of Offender receives JURIDCAL Malversation PUBLIC Appropriating taking or
confidence the same POSSESSION plus FUNDS consenting through
abandonment or negligence
material possession permitting any other person
to take the public funds or
property

ESTAFA BY MEANS OF DECEIT: 315(2) AND (3)

ELEMENTS
1. That there must be a false pretense, fraudulent act or fraudulent means
 2. That such false pretense, fraudulent act or means must be executed PRIOR to or simultaneously with the commission of the fraud
3. That the offended party must have relied on the false pretense, fraudulent act. Or means that is he was induced to part with his money, property because
of the dales pretense act or means
4. That as a result thereof the offended party suffered damage
THERE IS NO DECEIT IF THE COMPLAINANT WAS AWARE OF THE FICTITITOUS NATURE OF THE PRETENSE

2(A) THREE WAYS OF COMMITTING ESTADA BY 2(B) 2©

MEANS OF DECIET 1. BY ALTERING THE QUALITY, FITNESS, BY PRETENDING TO HAVE BRIBED ANY
1. Using of a fictitious name OR WEIGHT OF ANYTHING PERTAINING GOVERNMENT EMPLOYEE WITHOUT
2. By falsely pretending to possess TO HIS ART OR BUSINESS PREJUDICE TO THE ACTION FOR CALUMNY
a. Power WHUCH THE OFFENDED PARTY MAY DEEM
b. Influence PROPER TO BRING AGAINST THE OFFENDER
c. Qualifications
d. Property Able to obtain money or property by rreason of
e. Credit issuance of the check.
f. Agency
g. Business or imaginary transaction or
3. By means of other similar deceits – any
other similar deceit may give rise to estafa

Estafa by means of FRAUDULENT ACTS

ACT- Fraudulent, that is the acts must ve characterized by or founded on deceit,
trick or cheating
Must be performed, prior to or simultaneously with the commission of the fraud,
The offender must be able to obtain something from the offended party because
of the fraudulent act that is without which the offended party would not gave
parted with it
ELEMENTS
1. That the offender postdated a check or issued a check in payment of that
an obligation
2. That such postdating or issuing a check was done when the offender had
no funds in the bank or his funds deposited therein were no sufficient to
cover the amount of the check.

Exemption of Criminal Liability

Art 332:Persons Exempt from criminal liability(THEFT, SWINDLING,
MALICIOUS MISCHIEF)
1. Spouse, ascendants, and descendants or relatives by affinity in the same
line
2. The widowed spouse, with respect to the property which belongs to the
IS THE RELATIONSHIP BY AFFINITY TERMINATED UPON DEATH?
No. the court applies the continuing affinity view- if the relationshio by affinity
between the surviving spouse and the deceased spouse continues even after the
death of the deceseased spouse regardless of whether the marriage produced a
living iissue or not . Therefore, the affinity endures even after the dissolution of
 deceased spouse before the same shall have been passed into the
possession of the other
3. Brothers and sisters and brothers in law and sisters in law if living
together
4. The exemption established in this article shall not apply to strangers
participating in the commission of the crime.
marriage.
No. this provison only applies to simple crimes and not complex crime- to apply
the same to complex crime would treat it as a simple crime and not a component
crime that is I the situation,
In estafa through falsification of public document- this act goes beyond the
respective rights and liabilities of family members among themselves. Therefore,
when the offender results to an act that breaches public interest in the integrity of
public documents as a means to violative property rights he is removed from the
protective mantle of 332.

BATAS PAMBANSA 22

HOW IS BP 22 VIOLATED ELEMENTS OF SECTION 1

1. By making or drawing and issuing any check to apply on account or for 1. That a person makes or draws and issues any check
value, knowingly at the time of issue that he does not have sufficient 2. That the check is made or drawn and issued to apply on account or for
funds or credit with the drawee bank for the payment of such check in full value
upon its presentment which the check is subsequently dishonored by the 3. That the person who makes or draws and issues the check knows at the
drawee bank for insufficiency of funds or credit or would have been time of issue that he does not have sufficient funds in or credit with the
dishonored for the same reason had not the drawer without any valid drawee bank for the payment of such check in full upon its presentment
reason ordered the bank to stop payment 4. That the check is subsequently dishonored by the drawee bank for
2. Having sufficient funds in or credit with the drawee bank when he makes insufficiency of funfs or credit or would have been dishonored fort the
or draws and issues a check by failing to keep sufficient funds or to same reason had not the drawer without any valied reason ordered the
maintain a credit to cover the full amount of the check if presented within bank to stop payment
the period of 90 days from the date appearing thereon for which reason ti
is dishonored by the drawee bank
ELEMENTS OF SECTION 2
1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check
2. That he fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date
appearing thereon
3. That the check is dishonored by the drawee bank
There is likewise every reason to penalize a person who indulges in the making and issuig of a check in the account BELONGING to another WITH THE
LATTERS CONSENT which account has beenc closed or has no funds or credit with the drawee bank.
The makers knowledge of the insufficiency of funds is legally presumed from the dishonor of his check for insufficiency of funds
Exceptions
1. When the check is presented AFTER 90 DAYS FROM THE DATE OF THE CHECK
2. WHEN the maker or drawer pays the HOLDER thereof the amount due thereon or makes arrangmenet for payment in full by the drawee of such check within
5 banking days after receiving notice that such check has not been paid by the drawee
THE ELEMENT OF KNOWLEDGE OF INSUFFICENCY OF FUNDS ARE NOT PRESENT AND THEREFORE THE CRIME DOES NOT EXIST WHEN THE
DRAWER EITHER
1. Pays the holder of the check the amount due thereon within 5 banking days after receiving notice that such check has not been paid by the drawee
2. Makes arrangement for payment in full by the drawee of such xcheck within 5 banking days after the notice of nonpayment
If the debtor has already paid his debt, bp 22 cannotbe justified

OTHER FORMS OF SWINDLING Par 1 : by conveying,selling, encumbering or mortgaging any real property,
316 pretending to be the owner of the same
1. Any person who pretending to be the owner of any real property ELEMENTS
shall convey, sell, encumber, or mortgage the same 1. That the thing be immovable such as a parcel of land or a building
2. Any person who knowing that the real property is encumbered shall 2. That the offender who is not the owner of the said property should
dispose of the same although such encumbrance is not recorded represent that he is the owner thereof
3. That owner of any personal property who shall wrongfully take it 3. That the offender should have executed an act of ownership ( selling,
from its lawful possessor to the prejudice of the latter or any third leasing, encumbering etc)
person 4. That the act be made to prejudice of the owner or a third person
4. Any person who to the prejudice of another shall execute a
fictitious contract
5. Any person who shall accept any compensation given him under
the belief that it was in payment of services rendered or labor
performed by him when in fact he did not even performed those
labor
6. Any person who while being a surety bond given in a criminal or
civil action without express authority from the court or before the
cancellation of his bond or before being relieved from the
obligation contracted by him shall sell, mortgage or in any other
manner encumber real property or properties with which he
guaranteed the fulfillment of the obligation.
PAR 2- BY DISPOSING OF REAL PROPERTY AS FREE FROM PAR 3- BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL
ENCUMBRANCE although such encumbrance be not recorded PROPERTY FROM ITS LAWFUL POSSESSION
Elements: 1. That the offender is the owner of personal property
1. That the thing disposed be real property 2. That the said property is in the lawful possession of another
2. That the offender knew that the real property was encumbered whether 3. That the offender wrongfully takes it from its lawful possessor
the encumbrance is recorded or not 4. That prejudice thereby caused to the possessor or the third person
3. That there must be EXPRESS representation by the offender that the
real property is free from encumbrance
4. That the act of disposing of the real property be made to damage of
another.
Par 4- BY EXECUTING ANY FICTITIOUS CONTRACT TO THE PREJUDICE PAR 5- BY ACCEPTING ANY COMPENSATION FOR SERVICES NOT
OF ANOTHER RENDERED OR FOR LABOR NOT PERFORMED
PAR 6- SELLING,MORTAGGING OR ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE
FULFILMENT OF OBLIGATION
1.That the offender is a surety in a bond given in a criminal or civil act
2. That he guaranteed the fulfillment of such obligation with his real property or
properties
3. That he sells, mortagage, or in any other manner encumbers said real property
4. That such sale, mortagage or encumbrance is
a. without express authority from the court
b. made before the cancellation of his bond
c. before relived from the obligation contracted by him
SWINDLING OF A MINOR
ELEMENTS:
1. That the offender takes advantage of the inexperience or emotions of
feelings of a minor
2. That he induces a minor to (assume, give release or to execute a
transfer of any property right)
3. That the consideration is
a. Some loan of money
b. Credit
c. Other personal property
4. That the transaction is to the detriment of such minor
CULPABLE INSOLVENCY
ACTS PUNISHABLE
1. BY 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 time of execution of the mortgage without the
written consent of the mortgage, or his executors, administrators or
assigns
2. By selling or pledging personal property, already pledged or any part
thereof, under the terms of the chattel mortgage laws, without the
consent of the morgagee written on the back of the mortgage and noted
on the record thereof in the office of the register of deeds of the procince
where such property is located
1b
a. That persona property is already pledged under the terms of the
SYNDICATED ESTAFA
1. That estafa or other forms of swindling as defined in articles 315
and 316 of RPC is committed
2. That estafa or swindling is committed by a syndicate of five or more
persons
3. That the defraud result’s in the misappropriation of moneys,
contributed by stockholders, or members of rural banks,
cooperatives, (samahayang nayons) or farmers association or of
funds solicited by corporation association from the general public.
Other deceits
1. BY Defrauding or damaging another by any other deceit not mentioned
in the preceding articles
2. By interpreting dreams, by making forecast by telling fortunes or by
taking advantage of the credulity of the public in any other similar
manner for profit or gain .
ELEMENTS (1a)
A. That personal property is mortgaged under the chattel mortgage law
B. That the offender knows that such property is so mortgaged
C. That 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. That 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
E. That the removal is permanent
F. That there is no written consent of the mortgagee or his executors
administrators or assigns to such removal .
 CHATTEL MORTGAGE LAW
b. That the offender who is the mortgagor of such property, sells or pledges
the same or any part thereof
c. That there is 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
DAMAGE IS NOT NECESSARY

ILLEGAL RECRUITMENT

Definition Elements
Any act of canvassing, enlisting contracting, transporting utilizing hiring 1. The offender undertakes any activities within the meaning of “recruitment
procuring workers and includes referring contact service promising and placement under the labor code or any other prohibited practices
advertising whether for profit or not when undertaken by a non license or a enumerated under art 34 of the labor code (NOW RA 8042) AND
non holder of the authority 2. The offender has no valid license or authority required by law to enable
him to lawfully engage in recruitment and placement of workers
ILLEGAL RECRUITMENT IN A LARGE SCALE ADDED ELEMENT :
3. That the offender commits any of the acts of recruitment and placement
against three or more persons, individually or as a group.

ARSON

DESTRUCTIVE ARSON(RPC) OTHER CASES OF ARSON- SIMPLE ARSON (pd1613)

Malicious burning of structures, both public and private hotels, buildings edifice 1. There is an intentional burning
trains vessels aircrafts factories and other military government or commercial 2. What is intentionally burned s an inhabited house or dwelling
establishment by any person or a group of person Other cases of arson
1. Any building used as offices of the government or any of its agencies
2. Any inhabited house or dwelling
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or
tunnel
Difference : severity of damage
 Malicious Mischief Who are liable
1. Special cases of malicious mischief 1. That the offender deliberately caused damage to the property of another
2. Other mischief 2. That such act does not constitute arson or other crimes involving
3. Damage and obstruction to means of communication destruction
4. Destroying or damaging statues, public monuments or paintings 3. That the act of damaging the property of another be committed merely
for the sake of damaging it
 There is an assumption that the offender acted due to hate, revenge
and etc.
SPECIAL CASE OF MISCHIEF OTHER MISCHIEF
1. Causing damage to obstruct the performance of public function
2. Using poisonous or corrosive substance
3. Spreading any infection or contagion among cattle
4. Causing damage to property of the NATIONAL museum or National
Library or to any archive or registry, waterworks, road , promenade or
any other place used in common with the public
DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION- Destroying or damaging statue, public monuments or paintings
damaging railway, telegraph or telephone lines