CRIMINAL LAW BOOK

TABLE OF CONTENTS

TITLE ONE 1CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 1A. CRIMES AGAINST NATIONAL SECURITY .. 11. Article 114. Treason 1

2. Article 115. Conspiracy and Proposal to Commit Treason 13. Article 116. Misprision of Treason ..14. Article 117. Espionage 1B. CRIMES AGAINST THE LAW OF NATIONS 11. Article 118. Inciting to war or giving motive for reprisal 12. Article 119. Violation of Neutrality .. 13. Article 120. Correspondence with hostile country .14. Article 121. Flight to enemy country..15. Article 122. Piracy and mutiny .16. Article 123. Qualified piracy and mutiny 1a. PD 532 Piracy in Philippine Waters .1b. RA 625 Piracy of Aircraft ..1c. Human Security Act of 2007 ..1PEOPLE VS LOL-LO ..2PEOPLE vs. TULIN 2PEOPLE vs. CATANTAN .3TITLE TWO 5CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ..51. Article 124. Arbitrary Detention .5ASTORGA vs. PEOPLE ..5CAYAO vs. DEL MUNDO .6MILO vs. SALANGA 72. Article 125. Delay in the delivery of detained persons to the proper judicial authority .8PEOPLE vs. GARCIA ..8AGBAY vs. DEPURTY OMBUDSMAN . 93. Article 126. Delaying release ..104. Article 127. Expulsion ..105. Article 128. Violation of Domicide .106. Article 129. Search warrant maliciously obtained and abuse in the service of those legally obtained. ..107. Article 130. Searching domicile without witness .. 108. Article 131. Prohibition, interruption and dissolution of peaceful meeting ..109. Article 132. Interruption of religious worship . 1010. Article 133. Offending the religious feelings .1011. Anti-torture Act of 2009 (RZ9745) .. 10TITLE THREE .11CRIMES AGAINST PUBLIC ORDER .111. Article 134. Rebellion of Insurrection ..11LADLAD vs. VELASCO .11PEOPLE vs. SILONGAN . 12PEOPLE vs. OLIVA 14PEOPLE vs. LOVEDIORO ..14PEOPLE vs. HERNANDEZ 15PEOPLE vs. DASIG ..172. Article 134-A Coup detat ..183. Article 136. Conspiracy to commit coup detat, rebellion . 184. Article 137. Disloyalty of public officials 185. Article 138. Inciting to Rebellion ..186. Article 139. Sedition 18PEOPLE vs. CABRERA 18PEOPLE vs. UMALI ..197. Article 141. Conspiracy to commit sedition ..218. Article 142. Inciting to sedition ..21PEOPLE vs. NABONG ..219. Article 145. Violation of parliamentary immunity ..2210. Article 146. Illegal assemblies .2311. Article 147. Illegal association .2312. Article 148. Direct assault ..23GELIG vs. PEOPLE 23RIVERA vs. PEOPLE ..25PEOPLE vs. ABALOS .26PEOPLE vs. DURAL ..2612. Article 149 Indirect Assault 2713. Article 151 Resistance and disobedience to a person in authority or agents of such person ..2714. Article 153 Tumults and other disturbances .. 2715. Article 154 Unlawful use of means of publication and unlawful utterances. .. 27

16. Article 155 Alarms and scandals .. 2717. Article 156 Delivering prisoners from jail .2818. Article 157 Evasion of service of sentence . 2819. Article 158 Evasion of service of sentence during period on the occasion of disorder, etc. 2820. Article 159 Violation of conditional pardon .2821. Article 160 Quasi-recidivism ..2822. Include: PD 1866 as Amended by RA 8294 as further amended by RA 10591 . 28TITLE FOUR .. 29CRIMES AGAINST PUBLIC INTEREST .. 291. Article 161 Counterfeitting the great seal of the Government of the Philippines, forging the signature of stamp of the Chief of Executive .292. Article 162 Using forge signature or counterfeit seal or stamp of the chief executive .. 293. Article 163 Making and importing and uttering false coins ..294. Article 164 Mutilation of coins importation and utterance of mutilated coins 295. Article 165 Selling false or mutilated coins, without connivance .. 296. Article 166 Forging treasury or bank notes or other documents payable to bearer, importing and uttering such false or forged notes and documents .. 297. Article 167 Counterfeiting, importing and uttering instruments payable to bearer 298. Article 168 Illegal possession and use of false treasury or bank notes and other instruments of credit 29TECSON vs. COURT OF APPEALS 29CLEMENTE vs. PEOPLE .. 30 9. Article 169 How forgery is committed .. 30HERNANDEZ vs. HERNANDEZ .. 31TAMANI vs. SALVADOR . 3110. Article 170 Falsification of Legislative documents .. 32GUILLERGAN vs. PEOPLE . 32GALEOS vs. PEOPLE 33GONZALADO vs. PEOPLE .33GARCIA vs. COURT OF APPEALS ..3411. Article 172 Falsification by private individual and use of falsified Documents .. 3612. Article 173 Falsification of wireless, cable, telegraph and telephone messages and use of falsified messages .3713. Article 174 False medical certificates, certificates of merits or service and the likes ..3714. Article 175 Using false certificates 3715. Article 176 Manufacturing and possession of instruments or implements for falsification . 3716. Article 177 Usurpation of authority and usurpation of official Functions 3717. Article 178 Using fictitious name and concealing true name .. 3718. Article 179 Illegal use of uniforms or insignia ..3719. Article 180 False testimony against the defendant .. 3720. Article 181 False testimony favorable to defendant .3721. Article 182 False testimony in civil cases ..3722. Article 183 False testimony on other cases and perjury in solemn affirmation 3723. Article 184 Offering false testimony in evidence .3724. Article 185 Machination of public auction 37OANI vs. PEOPLE ..3726. Republic Act 9194 Anti-Money Laundering Act ..38TITLE FIVE 39CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS . 391. Republic Act 9165 Comprehensive Dangerous Drugs Act of 2002 . 39

PEOPLE vs. MORALES . 39PEOPLE vs. PERALTA ..39PEOPLE vs. QUE MING KHA 41TITLE SIX .. 42CRIMES AGAINST PUBLIC MORALS 421. Illegal Gambling .422. Offenses against decency and good customs.42TITLE SEVEN ..42CRIMES COMMITTED BY PUBLIC OFFICERS 421. Article 203 Who are public officers? 422. Dereliction of Duty Prevaricacion ..42

1. Article 204 Knowlingly rendering unjust judgment 42

2. Article 205 Judgment rendered through negligence 42

3. Article 206 Unjust interlocutory order .42

4. Article 207 Malicious delay in the administration of justice .42

5. Article 208 Prosecution of offenses, negligence and tolerance ..42

6. Article 209 Betrayal of trust of an attorney 423. Bribery ..........421. Article 210 Direct Bribery 42MARIFOSQUE vs. PEOPLE 42MANIPON vs. SANDIGANBAYAN ..432. Article 211 Indirect Bribery 44FORMELIZA vs. SANDIGANBAYAN 44POZAR vs. COURT OF APPEALS 453. Article 211-A Qualified bribery .454. Article 212 Corruption of Public Official .45CHUA vs. NUESTRO .45CHANG vs. PEOPLE 46BUSTILLO vs. SANDIGANBAYAN .47SORIQUEZ vs. SANDIGANBAYAN .48TEVES vs. SANDIGANBAYAN 48Republic Act No. 7080 Anti-Plunder Law ..49PEOPLE vs. JOSEPH ESTRADA 49Republic Act No. 9372 Human Security Act .52Frauds and Illegal Exactions 521. Article 213 Frauds against the public treasury and similar offences .522. Article 215 Prohibited transaction 523. Article 216 Possession of prohibited interest by a public officer .52Malversation of Public Funds or Property ..521. Article 217 Presumption of Malversation ...52BAHILIDAD vs. PEOPLE 52DAVALOS vs. PEOPLE ..54CHAN vs. SANDIGANBAYAN ..55AGULLO vs. SANDIGANBAYAN .56TABUENA vs. SANDIGANBAYAN .562. Article 220 Illegal use of public funds or property .57TETANGCO v. SANDIGANBAYAN .57ABDULLA vs. PEOPLE ..59Republic Act No. 9194 Anti-Money Laundering Act ..60Infidelity of Officers 601. Article 223 to 225 Infidelity in the custody of documents 602. Article 223 to 230 Revelation of secrets 60Other Offenses or Irregularity of Public Officers ..60a. Disobedience, Refusal of assistance and maltreatment of prisoners ..601. Article 231 Open disobedience 602. Article 233 Refusal of Assistance ..603. Refusal to Discharge Elective Office 604. Maltreatment of Prisoners 605. Republic Act No. 9745 Anti-Torture Act ..60b. Anticipation, prolongation, and abandonment of duties and powers of public office 601. Article 236 Anticipation of Duties and powers .602. Article 237 Prolonging performance of duties and powers 60 3. Abandonment of office or position .60c. Usurpation of Powers and Unlawful Appointment 611. Usurpation of legislative powers 612. Usurpation of executive functions 613. Usurpation of judicial function 614. Unlawful appointment .61d. Abuses Against Chastity ..611. Acts punishable ..612. Who are the persons liable ..613. Republic Act No. 7877 Anti-Sexual Harassment Act 61TITLE EIGHT 62CRIMES AGAINST PERSONS 62A. Crimes Involving, Destruction of Life ..621. Article 246 Parricide 622. Article 247 Death under exceptional circumstance 62PEOPLE vs. AYUMAN 62PEOPLE vs. ABARCA 633. Article 248 Murder / Article 249 Homicide .65PEOPLE vs. MALLARI ..65PEOPLE vs. WHISENHUNT ..65PEOPLE vs. CONTINENTE, et al. .. 66PEOPLE vs. ANTONIO 68PEOPLE vs. TEEHANKEE ..68PEOPLE vs. MANERO .70PEOPLE vs. UNLAGADA ..72PEOPLE vs. MARAMARA ..73SISON vs. PEOPLE ..735. Article 252 Physical Injuries .756. Article 253 Giving Assistance to suicide 757. Article 254 Discharge of Firearms .75DADO vs. PEOPLE ..758. Article 255 Infanticide ..769. Article 256 Intentional Abortion ..7610. Article 257 Unintentional Abortion ..76PEOPLE vs. SALUFRANIA ..77PEOPLE vs. GENOVES 79

B. Physical Injuries 801. Article 262 Mutilation 802. Article 263 Serious Physical Injuries .803. Less Serious Physical Injuries When is it qualified? .804. Slight Physical injuries and Maltreatment .80LI vs. PEOPLE .80C. Article 266-A Rape .82

PEOPLE vs. OGA 82PEOPLE vs. JALOSJOS 83PEOPLE vs. CAMPUHAN 83PEOPLE vs. ECHEGARAY ..84257 SCRA 581 852. Article 266-C Effect of Marriage and Pardon .853. Special Laws 85a. Republic Act No. 9262 Anti-violence Against Women and Children Act of 2004 .85b. Republic Act No. 9775 Anti-Child Pornography Act of 2009 85c. Republic Act No. 8049 Anti-Hazing Law .85d. Republic Act No. 7610 Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. 85TITLE NINE ..86CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ..86A. Crimes Against Liberty .861. Article 267 Kidnapping and Serious Illegal Detention .86PEOPLE vs. TAN .86PEOPLE vs. RODRIGO 87MADSALI, et. al. vs. PEOPLE ..89PEOPLE vs. SILONGAN ..90PEOPLE vs. SURIAGA ..912. Article 268 Slight Illegal Detention .91PEOPLE vs. LLAGUNO 91PEOPLE vs. DADLES 93PEOPLE vs. ROLUNA 943. Article 269 Unlawful Arrest 954. Article 270 Kidnapping and failure to return minor ..95PEOPLE vs. PASTRANA .95PEOPLE vs. TY 96PEOPLE vs. MENDOZA ..985. Article 271 Inducing a minor to abandon his home 996. Article 272 Slavery ..997. Article 273 Exploitation of child labor 998. Article 274 Services rendered under compulsion of payment of debt .99B. Crimes Against Security 991. Article 275 Abandonment of person in danger and abandonment of ones own victim. 992. Article 276 Abandonment of a Minor ..993. Article 277 Abandonment of minor by person entrusted with his Custody ...994. Article 280 Qualified trespass to dwelling 995. Article 281 Other forms of trespass 996. Article 282 Grave threats ..997. Article 283 Light threats 998. Article 284 Bond for good behaviour .999. Article 285 Other light threats ...9910. Article 286 Grave coercion ..99PEOPLE vs. SANTOS ..99PEOPLE vs. VILLAMAR ..100PEOPLE vs. ASTORGA ..10111. Article 287 Light Coercion .102BALEROS vs. PEOPLE 102ONG CHIU KWAN vs. COURT OF APPEALS 10312. Article 288 Other similar coercions ..10413. Article 290 Discovering secrets through seizure of correspondence ..10414. Revelation of Secrets with Abuse of Office .10415. Special Laws 104a. Republic Act No. 4200 Anti-Wiretapping Act ..104b. Republic Act No. 9372 Human Security Act 104c. Republic Act No. 9208 Anti-Trafficking in Person Act of 2003 ..104TITLE TEN 105CRIMES AGAINST PROPERTY 105A. Article 293 Who are guilty of Robbery 1051. Elements of robbery in general .. 1052. Distinguish robbery from theft .1053. Highway robbery/brigandage (PD532) 1054. Carnapping (RA 6539) .105a. Qualified Carnapping 105PEOPLE vs. REYES 105PEOPLE vs. SUELA 106PEOPLE vs. DEL ROSARIO 107B. Article 294 Robbery with Violence or Intimidation of Persons 1081. Crimes punishable 1082. Stages of execution 1081. Article 294-1 Robbery with homicide ..108PEOPLE vs. HIPONA108PEOPLE vs. HERNANDEZ .109PEOPLE vs. REYES ..110PEOPLE vs. DANIELA 111PEOPLE vs. NAPALIT 112PEOPLE vs. CAMPOS .1142. Article 294-2 Robbery with rape .115

PEOPLE vs. VERCELES .115PEOPLE vs. TAMAYO ..116PEOPLE vs. DOMINGO .116PEOPLE vs. LAGO 117PEOPLE vs. SULTAN ..118C. Article 295 Robbery with physical injuries committed in an uninhabited place and by a band, or with the use of firearms in a street, road or alley. . 119

D. Article 296 Definition of a band and penalty incurred by members Thereof ..119E. Article 297 Attempted of frustrated robbery committed under certain circumstances. .119F. Article 298 Execution of deeds by means of violence or intimidation.119G. Article 299 Robbery in an inhabited house, public buildings, or edifice devoted to worhip. .120H. Article 300 Robbery in an uninhabited place and by a band. 120I. Article 301 What is an inhabited house, public building, etc. ..120J. Article 302 Robbery in an uninhabited place or in a private building ..120K. Article 304 Possession of picklocks or similar tools .120L. Article 305 False Keys .120M. Article 306 Who are brigands? .120N. Aiding and abetting bands or brigands 120O. Article 308 Who are liable for theft? .120LAUREL vs. ABROGAR 120GAVIOLA vs. PEOPLE . 121LUCAS vs. COURT OF APPEALS 122PEOPLE vs. MANERO .122ABUNDIO vs. SANDIGANBAYAN 124

PEOPLE vs. SALVILLA .125P. Article 309 Penalties 126Q. Qualified Theft ..126ROQUE vs. PEOPLE .126PEOPLE vs. BUSTINERA 128

PEOPLE vs. SALONGA ..129CARLAGA vs. COURT OF APPEALS 131R. Theft of Property of the National Library and National Museum 132S. Occupation of a Real Property or Usurpation of Real Right in Property132QUINAO vs. PEOPLE .132T. Altering Boundaries of Landmark .133U. Article 314 Fraudulent Insolvency ..133V. Article 315 Swindling/Estafa ..133ONG vs. PEOPLE .133VELOSO vs. PEOPLE .134BONIFACIO vs. PEOPLE .135RECUERDO vs. PEOPLE .136GONZALUDO vs. PEOPLE 138PEOPLE vs. JULIANO .139PEOPLE vs. CUYUGAN ..141PEOPLE vs. REMULLO .. 1411. Violation of Batas Pambansa Blg. 22 .1432. Each act of drawing and issuing bouncing check constitutes separate offense ..143W. Article 316 Other forms of swindling 143X. Swindling of Minor; elements .143Y. Other Deceits; Acts punished ..143GUINHAWA vs. PEOPLE 143Z. Removal, Sale or Pledge of Mortgaged Property; Elements ..144AA. Arson .1441. Article 320 Destructive Arson .1442. PD 1613 New Law on Arson ..144PEOPLE vs. BALUNTONG ..144PEOPLE vs. MURCIA 145PEOPLE vs. MALINGAN ..146PEOPLE vs. OLIVA 147PEOPLE vs. ACOSTA .148BB. Who are Liable for Malicious Mischief? Elements ..149CC. Special Cases of Malicious Mischief ..149DD. Article 332 Exemption from Criminal Liability in Crimes Against Property .149TITLE ELEVEN .150CRIMES AGAINST CHASTITY 150A. Article 333 Adultery 150BELTRAN vs. PEOPLE 150VERA NERI vs. PEOPLE ..150B. Article 334 Concubinage 151C. Article 336 Acts of Lasciviousness ..151AMPLOYO vs. PEOPLE .151PEOPLE vs. MONTERON .152PEOPLE vs. PEREZ ...153PEOPLE vs. COLLADO 154DULIA vs. COURT OF APPEALS .154D. Qualified Seduction .156

PEOPLE vs. JAVIER 156PEOPLE vs. MANANSALA .157PEOPLE vs. SUBINGSUBING .157PEOPLE vs. ALVAREZ 159E. Article 338 Simple Seduction .160PEOPLE vs. PASCUA ..160PEOPLE vs. TEODOSIO ..161F. Article 339 Acts of Lasciviousness with the Consent of the Offended Party ..161G. Article 340 Corruption of Minors 162H. Article 341 While Slave Trade ..162I. Article 342 Forcible Abduction ..162PEOPLE vs. LINING .162PEOPLE vs. EGAN 163PEOPLE vs. GARCIA ..164PEOPLE vs. NAPUD .165J. Article 343 Consented Abduction ..165K. Article 344 Prosecution of the crimes of adultery, concubinage, seduction, abduction and acts of lasciviousness 165L. Article 345 Civil Liability of persons guilty of crimes against chastity ..165M. Liability of ascendants, guardians, teachers or other persons entrusted with the custody the offended party .165TITLE TWELVE 166CRIMES AGAINST CIVIL STATUS OF PERSONS 166A. Article 347 Simulation of Birts, etc. ..166B. Article 348 Usurpation of Civil Status .166C. Article 349 Bigamy .166MANUEL vs. PEOPLE 166DIEGO vs. CASTILLO ....167PEOPLE vs. ABONADO 168MORIGO vs. PEOPLE ..168MERCADO vs. TAN 169GARCIA vs. COURT OF APPEALS ..170

D. Article 350 Marriage Contracted Against Provisions of Law ..171E. Article 351 Premature Marriages 171F. Article 352 Performance of Illegal Marriages 171TITLE THIRTEEN ..172CRIMES AGAINST HONOR ..172A. Article 353 Definition of Libel ..172B. Article 354 Requirements of publicity .172FERMIN vs. PEOPLE 172BUATIS vs. PEOPLE 173MAGNO vs. PEOPLE ..175MACASAET vs. PEOPLE .177VASQUEZ vs. COURT OF APPEALS ..178VICARIO vs. COURT OF APPEALS 180C. Article 355 Libel by means of writing or similar means .180D. Article 356 Threatening to publish and offer to prevent the publication of such libel .180E. Article 357 Prohibited publication of acts referred to in the course of Official proceedings ..180F. Article 358 Slander/Oral defamation ..180VILLANUEVAvs. PEOPLE ..180PADER vs. PEOPLE ..182VICTORIOvs. COURT OF APPEALS 183G. Article 359 Slander by deeds 184H. Article 360 Persons responsible/liable for libel ..184I. Article 361 Proof of truth 184J. Article 363 Incriminating Innocent Persons ..184K. Article 364 Intriguing against honor 184L. Article 365 Criminal Negligence .184IVLER vs. SAN PEDRO ..184LONEY vs. PEOPLE 186ABUEVA vs. PEOPLE ..187PEOPLE vs. CARMEN 189PEOPLE vs. BELBES 191