THE REVISED PENAL CODE BOOK II

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THE REVISED PENAL CODE BOOK II

 

CRIMES  AGAINST  NATIONAL SECURITY

Art.  114.  TREASON:

Elements:  

(a)  The offender is a Filipino or a resident alien;

(b) There is a war in which the Philippines is involved;

(c) The offender levies war against the government or adheres to its enemies, giving them aid or comfort.

Treason is a breach of allegiance by one who owes it.  Allegiance is the obligation of fidelity and obedience which an individual owes to the government under which he lives, in return for the protection he receives from it.

 

Art. 115.  CONSPIRACY AND PROPOSAL TO COMMIT TREASON.

The two witness rule does not apply because the act is distinct from treason.

 

Art. 116.  MISPRISION OF TREASON:

Elements:

a.  The offender owes allegiance to the government, not being a foreigner;

b.  He has knowledge of any conspiracy

c.He conceals or does not disclose to the governor/ mayor or fiscal the knowledge he has.

 

Art. 117.  ESPIONAGE: The offense of gathering, transmitting or losing information respecting national defense with intent or reason to believe that the information is to be used to the injury of the Republic or to the advantage of any foreign nation.

 

2 ways of committing   espionage:

a.  Entering warships, forts, military establishments, without proper authority, for the purpose of securing plans, pictures etc. relative to the national security or defense.

b.Disclosing to the representative of a foreign  nation contents of articles, data, information which he had in his possession by reason of the public office he holds.

Other acts of Espionage punished under CA 616:

a.  Unlawfully obtaining or permitting to be obtained information affecting the national defense;

b.  Unlawful disclosing of information affecting the national defense;

c.  Disloyal acts or words in time of peace;

d.  Conspiracy to violate preceding sections

e.  Harboring or concealing violators of the law.

 

Art.  118.  INCITING  TO WAR OR GIVING MOTIVES FOR REPRISALS:

Elements:

a.  The offender performs unlawful or unauthorized acts;

b.The acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property.

 

Art. 119.  VIOLATION OF NEUTRALITY:

Elements:

a.  There is a war in which the Philippines is not involved;

b. A regulation was issued  by the competent authority for the purpose of ensuring neutrality;

c.  The offender violates the regulation.

 

Art. 120.  CORRESPONDENCE WITH HOSTILE COUNTRY:

Elements:

a.  There is a war in which the Philippines is involved;

b.  The offender makes correspondence with an enemy country or territory occupied by enemy troops;

c.  the correspondence is either:

            c.1  prohibited by the government;

            c.2  carried on in ciphers or codes;

            c.3  containing notice or information which might be useful to

                  the enemy.

Circumstance qualifying the offense, the following must concur:

a.  Notice or information might be useful to the enemy

Offender intended to aid the enemy.

 

Art. 121.  FLIGHT TO ENEMY’S COUNTRY:

Elements:

a.  There is a war in which the Philippines is involved;

b.  The offender owes allegiance to the government;

c.  The offender attempts to flee or go to enemy country;

d.  Going to enemy country is prohibited by competent authority.

 

Art. 122.  PIRACY:

Elements:

a.  A Vessel is on the high seas or in Philippine waters;

b.  The offenders are not members of the complement or passengers

c.  The offenders (1)  attack or seize the vessel or (2) seize the whole or part of the cargo of the vessel, equipment or personal belongings of the complement or passengers.

High seas:   Any waters on the sea coast which are without the boundaries of low water mark, although such waters may be in the jurisdictional limits of a foreign government.

 

Art. 123.  QUALIFIED PIRACY:

Circumstances qualifying the crime:

a.  Whenever they have seized a vessel by boarding or firing upon the same;

b.  Whenever the parties have abandoned their victims without means of saving themselves or

c.Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Before Art. 122 was amended by RA 7659, if any of the acts in Art. 122 and 123 was committed in Philippine waters, the same is still piracy under PD 532.  In People vs. Siyoh,  141 SCRA 356,  qualified piracy under PD 532 is punishable with the mandatory penalty of death, regardless of the number of victims.

 

CRIMES  AGAINST  THE FUNDAMENTAL LAW OF THE STATE

Art.  124:  ARBITRARY  DETENTION:

Elements:

a.  The offender is a public officer or employee;

b.  He detains a person

c.  The detention is without legal grounds.

      (Milo vs. Salonga  152  SCRA  113)

When is there detention ? 

When a person is placed in confinement or there is a restraint on  his person.

Legal grounds for detention:

1.  commission of a crime

2.  violent insanity of a person requiring confinement

Cases of valid warrantless arrests under Rule 113, section 5 of the Rules on Criminal Procedure (December 1, 2000):

a.  When , in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

b.  When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it;

c.  When a person to be arrested is a prisoner who has escaped from a penal establishment , or while being transferred from one confinement to another.

Art.  125:  DELAY IN THE DELIVERY OF DETAINED PRISONERS TO THE PROPER JUDICIAL AUTHORITIES:

Elements:

a.  The offender is a public officer or employee;

b.  he detained a person for some legal grounds;

c.  He fails to deliver such person to the proper judicial authorities within:

       1.  12 hours, in cases of light penalties

       2.  18 hours, in cases of correccional penalties

       3.  36 hours, in cases of capital/ afflictive penalties

Art.  126:  DELAYING RELEASE:

Elements:

a.  The offender is a public officer or employee;

b.  There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person;

c.  The offender without good reason delays:

      1.  the service of notice of such order to the person;

      2.  performance of such judicial or executive order for the release of the offender;

      3.  proceedings upon a petition for the release of the person.

Art.  127:  EXPULSION:

 Elements:

a.  The offender is a public officer or employee;

b.  He expels any person from the Philippines or compels a person to change his residence;

c. the officer is not authorized to do so by law.

Art.  128:  VIOLATION OF DOMICILE:

Elements:

a.  The offender is a public officer or employee;

b.  He is not authorized by judicial order to enter the dwelling and/ or make a  search therein for papers or other effects;

            1.  Entering any dwelling against the will of the owner

            2.  Searching papers or other effects without the previous consent of the owner;

            3.  Refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

To constitute violation of domicile, the  entrance by the public officer must be against the will of the owner, which presupposes  opposition or  prohibition by said owner, whether express or implied.  If only without the consent, the crime is not committed.  (Pp vs. Sane   CA 40 OG Supp 5, 113).

Art. 129:  SEARCH WARRANTS MALICIOUSLY OBTAINED and ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED:

Search  Warrant:

 An order in writing issued by the Court in the name of the People of the Philippines, signed by a judge, directed upon a peace officer, and commanding him to search and seize property stated in the Warrant, and to thereafter bring it to Court.

Personal property to be seized:

      a.  Property subject of the offense

      b.  Stolen/ embezzled and other proceeds or fruits of the offense;

      c.  property used or intended to be used as the means of committing an offense.

Requisites for issuing Search Warrant:

a.  Only upon probable cause

b.  one specific offense

c.  to be determined personally by the judge

d. after examination under oath or affirmation of the complainant and the witnesses he may produce;particularly describing the place to be searched and the thing to be seized.

Requisites of a  search:

Two witnesses of sufficient age and discretion.

Art. 130:  SEARCHING DOMICILE WITHOUT WITNESSES:

Elements:

a.  The offender is a public officer or employee;

b.  He is armed with a  search warrant legally procured;

c.  He searches the domicile, papers or other belongings of any person;

d.  The owner or any member of his family or two witnesses residing in the same locality are not present.

Art.  131.  PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS:

Art. 130:  SEARCHING DOMICILE WITHOUT WITNESSES:

Elements:

a.  The offender is a public officer or employee;

b.  He is armed with a  search warrant legally procured;

c.  He searches the domicile, papers or other belongings of any person;

d.  The owner or any member of his family or two witnesses residing in the same locality are not present.

Art.  131.  PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS:

Elements common to the three acts punishable:

a.  The offender is a public officer or employee

b.  He performs any of the following acts:

            1.  By prohibiting or by interrupting without legal ground the holding of a peaceful meeting or by dissolving the same;

     2.  By hindering any person from joining any lawful association or from attending any of its meetings

     3.  By prohibiting or hindering any person from addressing either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Art. 132.  INTERRUPTION OF RELIGIOUS WORSHIP:

Elements:

a.  The offender is a public officer or employee

b.  Religious ceremonies or manifestations of any religion are about to take place or are going on

c.  the offender prevents or disturbs the same.

Art. 133.  OFFENDING THE  RELIGIOUS FEELINGS:

Elements:

a. The acts complained of were performed (1) in a place devoted to religious worship or (2) during the celebration of any religious worship

b. That the acts must be notoriously offensive to the feelings of the faithful.

CRIMES  AGAINST  PUBLIC  ORDER

Art.  134:   REBELLION OR INSURRECTION:

Elements:

That there be

 (a) public uprising and

 (b) taking arms against the Government.

That the purpose of the uprising or movement is either –

     1.  To remove from the allegiance to said Government or its laws,

            a. the territory of the Philippines or any part thereof

            b.   any body of land, naval or other armed forces or

     2. To deprive the Chief Executive or Congress, wholly or partially , of any of their powers or prerogatives.

Rebellion is more frequently used when the object of the movement is to completely overthrow and supersede the existing government while Insurrection is more commonly employed in reference to a movement which seeks merely to effect some change of  minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.

134-A.  COUP  D’ ETAT:

 The crime of coup d’etat is a swift attack,  accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power.

Art. 135. PENALTY FOR REBELLION, INSURRECTION,  OR COUP D’ETAT – Any person who promotes, maintains, or heads a rebellion shall suffer the penalty of reclusion perpetua.

Any person merely  participating or executing the commands of others in rebellion, insurrection or coup d’etat shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d’etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d’ etat shall suffer the penalty of reclusion temporal in its maximum period.

 

Art. 135. PENALTY FOR REBELLION, INSURRECTION,  OR COUP D’ETAT – Any person who promotes, maintains, or heads a rebellion shall suffer the penalty of reclusion perpetua.

Any person merely  participating or executing the commands of others in rebellion, insurrection or coup d’etat shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d’etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d’ etat shall suffer the penalty of reclusion temporal in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d’ etat shall suffer the penalty of prision mayor in its maximum period.

When the rebellion, insurrection or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d’ etat.

Art.  136:  CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR INSURRECTION.

Art.  137:  DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES:

The offender is a public officer or employee  who:

Fails to resist a rebellion by all the means in their power

continue to discharge  the duties of their offices under the control of the rebels

accepts appointment to office under them.

Art.  138:  INCITING TO REBELLION OR INSURRECTION:

Elements:

a.The offender does not take arms or is not in open hostility against the government;

b.He incites others to the execution of any of the acts of rebellion;

c.The inciting is done by means of speeches, proclamations,  writings, emblems, banners or other representations tending to the same end.

Art.  139:  SEDITION:

Elements:

a. The offenders rise (1) publicly and (2) tumultuously;

b. That they employ force, intimidation, or other means outside of legal methods;

c. That the offenders employ any of those means to attain any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions,  or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit for any political or social end, any act of hate or revenge against private persons or any social class and

5. To despoil for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof.

Art. 140:  Penalty for Sedition.

Art.  141:  CONSPIRACY TO COMMIT SEDITION:

There must be an agreement and a decision to rise publicly and tumultuously to attain the objects of sedition.  There is no proposal to commit sedition. 

Art.  142:  INCITING  TO  SEDITION:

Different acts of inciting to sedition:

a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems;

b. Uttering seditious words or speeches which tend to disturb the public peace;

Art.  151:  RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON:

Elements of resistance and serious disobedience:

1. That a person in authority  or his agent  is engaged in the performance of official duty or gives a lawful order to the offender.

2. That the offender resists or seriously disobeys  such person in authority or his agent.

3. That the act of the offender is  not included in the provisions of Arts. 148, 149 and 150.

Elements of simple disobedience:

1. That an agent of a person in authority is engaged in the (actual) performance of official duty or gives a lawful order to the offender.

2. That the offender disobeys such agent or a person in  authority.

3. That such disobedience is not of a serious character.

Art.  152:  PERSONS IN AUTHORITY AND AGENTS OF PERSONS  IN AUTHORITY:   Who shall be deemed as such –

            In applying the provisions of the preceding and other articles of this Code,  any person directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board or commission,  shall be deemed a person in authority.

            Any person who, by direct provision by law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barrio councilman, barrio policeman and barangay leader, and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.

 

PUBLIC  DISORDERS

What are the crimes classified under public disorders? They are:

1. Tumults and other disturbances of public order (Art. 153)

2. Unlawful use of means of publication and unlawful utterances (Art. 154)

3. Alarms and scandals (Art. 155)

4. Delivering prisoners from jails (Art. 156)

Art.  153:  TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:

1.  Causing any serious disturbance in a public place, office or establishment;

2.  Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included under Arts. 131 and 132;

3.  Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;

4.  Displaying placards or emblems which provoke a disturbance of public order in such place;

5.  Burying with pomp the body of a person who has been legally executed.

Art.  154.  UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:

Acts punished as unlawful use of means of publication and unlawful utterances:

1.  By publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the state;

2.  By encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches;

3.  By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially;

4.  By printing, publishing or distributing (or causing the same) books,  pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

Elements:

1.  That there is a person confined in a jail or penal establishment;

2.  That the offender removes therefrom such person, or helps the escape of such person.

3.  The offense is usually committed by an outsider who removes from jail any person therein confined or helps him escape.

Art.  155:  ALARMS  AND SCANDALS:

Acts punished as alarms and scandals:

Art.  156:  DELIVERING PRISONERS  FROM JAIL:

1.  Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produce)  alarm or danger.

2.  Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.

3.  Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements.

4.  Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

 Art. 156 also applies where the offender is an employee of a penal establishment, so long as the prisoner is not under his custody.  Else, he will be liable for Infidelity in the custody of a prisoner (Art. 223).

 

CRIMES AGAINST PUBLIC INTEREST

1.  Counterfeiting the great seal of the government of the Philippines, forging the signature or stamp of the Chief Executive (Art. 161);

2.  Using forged signature or counterfeit seal or stamp (Art. 162);

3.  Making, importing, and uttering false coins (Art. 163);

4.  Mutilation of coins, importation, and uttering of mutilated coins (Art. 164);

5.   Selling of false or mutilated coins, without connivance (Art. 165);

6.  Forging treasury or bank notes or other documents payable to bearer;  importing and uttering of such false or forged notes and documents (Art. 166);

7.  Counterfeiting, importing and uttering instruments not payable to bearer (Art. 167);

8.  Illegal possession and use of false treasury or bank notes and other instruments of credit (Art. 168);

9.  Falsification of legislative documents (Art. 170);

10. Falsification by public officers, employee, notary or ecclesiastical minister (Art. 171);

11.  Falsification by private individual and use of falsified documents (Art. 172);

12.   Falsification of wireless, cable, telegram and telephone messages and use of said falsified messages (Art. 173);

13,  False medical certificates, false certificate of merit, of service etc (Art. 174);

14.  Using false certificate (Art. 175);

15.  Manufacturing and possession of instrument or implements for falsification (Art. 176);

16.  Usurpation of authority or official functions (Art. 177);

17.  Using fictitious name and concealing true name (Art. 178)

18.  Illegal use of uniform or insignia (Art. 179);

19.  False testimony against a defendant (Art. 180);

20.  False testimony favorable to defendant (art. 181);

    21.  False testimony in civil cases (Art. 182);

22.  False testimony in other cases and perjury in solemn affirmation (Art. 185);

23.  Offering false testimony in evidence (Art. 184);

24.  Machinations in public auction (Art. 185);

25.  Monopolies and combinations in restraint of trade (Art. 186);

26.  Importation and disposition of falsely marked articles or merchandise made of gold, silver and other precious alloys (Art. 187);

27.  Substituting and altering trade-marks, trade names or service marks (Art.  188);

28.  Unfair competition, fraudulent registration of trademark, trade names or service marks, fraudulent designation of origin and false description (Art. 189).

CRIMES AGAINST PERSONS:

Parricide (Art. 246)

Murder (Art. 248)

Homicide (Art. 249)

Death Caused in a Tumultuous Affray (Art. 251)

Physical Injuries inflicted in a  tumultuous Affray (Art. 252)

Giving Assistance to Suicide (Art. 253)

Discharge of Firearms (Art. 254)

Infanticide (Art. 255)

Intentional Abortion (Art. 256)

Unintentional Abortion (Art. 257)

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

Abortion practiced by a physician or midwife and dispensing of abortives (Art. 259)

Duel (Art. 260)

Challenging to a Duel (Art. 261)

Mutilation (Art. 262)

Serious Physical Injuries (Art. 263)

Administering injurious substances or beverages (Art. 264)

Less Serious Physical Injuries (Art. 265)

Slight Physical Injuries and Maltreatment (Art. 266)

Rape (Art. 266-A)

 

Art. 246.   PARRICIDE.

Elements:

1. That a person is killed.

2. That the deceased is killed by the accused.

3. That the deceased is the father, mother, or child,  whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

 

Art.  247.  DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES.

Requisites for the application of Art. 247:

1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person;

2. That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter;

3. That he has not promoted or facilitated the prostitution of his wife or daughter , or that he or she has not consented to the infidelity of the other spouse.

 

Art. 248  MURDER.

            It is the unlawful killing of any person which is not parricide, or infanticide, provided that any of the following circumstances is present:

            1.  With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;

            2.  In consideration of a price, reward, or promise;

            3.  By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;

            4.  On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or other public calamity;

            5.  With evident premeditation.

Elements:

            1.  That a person was killed.

            2.  That the accused killed him.

            3.  That the killing was attended by any of the qualifying circumstances mentioned in Art. 248.

            4.  The killing is not parricide or infanticide.

 

Art.  251.  DEATH CAUSED IN A TUMULTUOUS AFFRAY.

Elements:

1.  That there be several persons.

2.  That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally.

3.  That these several persons quarreled and assaulted one another in a confused and tumultuous manner.

4.  That someone was killed in the course of the affray.

5.  That it cannot be ascertained who actually killed the deceased.

6.  That the person or persons who inflicted serious physical injuries or who used violence can be identified.


ART.  252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY.

Elements:

1.  That there is a tumultuous affray as referred to in the preceding article.

2.  That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only.

3.  That the person responsible therefor cannot be identified.

4.  That all those who appear to have used violence upon the person of the offended party are known.


Art.  253.  GIVING ASSISTANCE TO SUICIDE.

Acts punishable as giving assistance to suicide:

1.  By assisting another to commit suicide, whether the suicide is consummated or not.

2. By lending his assistance to another to commit suicide, to the extent of doing the killing himself

A person who attempts to commit suicide is not criminally liable, because society has always considered a person who attempts to kill himself as an unfortunate being, a wretched person more deserving of pity rather than of penalty.

 

Euthanasia – or mercy-killing – is the practice of painlessly putting to death a person suffering from some incurable disease.   This is not lending assistance to suicide.  A doctor who resorts to mercy-killing of his patient may be liable for murder (Art. 248).

 

Art.  254.  DISCHARGE OF FIREARMS.

Elements:

1.  That the offender discharges a firearm against or at another person.

2.  That the offender has no intention to kill that person.

Firing a gun against the house of the offended party at random, not knowing in what part of the house the people inside were, is only alarm under Art. 155.

In discharge of firearm,  the purpose of the offender is only to intimidate or frighten the offended party.

If in the illegal discharge of firearm the offended party is hit and wounded,  there is a complex crime of discharge of firearm with physical injuries when the injuries are serious or less serious.


Art. 255.  INFANTICIDE.

Defined:  The killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger.

Elements:

1.  That a child was killed.

2.  That the deceased child was less than three days (72 hours) of age.

3.  That the accused killed the said child.

 

Art.  256.  INTENTIONAL ABORTION.

Defined:  The willful killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb, which results in the death of the foetus.

Elements of intentional abortion:

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman.

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the foetus dies, either in the womb or after having been expelled therefrom;

4. That the abortion is intended.

 

Art. 257.  UNINTENTIONAL ABORTION.

Elements:

1. That there is a pregnant woman;

2. That violence is used upon such pregnant woman without intending an abortion.

3. That the violence is intentionally exerted.

4. That as a result of the violence, the foetus dies, either in the womb or after having been expelled therefrom.


Art. 258.  ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS.

Elements:

1. That there is a pregnant woman who has suffered an abortion.

2. That the abortion is intended.

3. That the abortion is caused by –

(a) the pregnant woman herself

(b) any other person, with her consent, or

(c) any of her parents, with her consent, for the purpose of concealing her dishonor.


Art.  259.  ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES.

Elements:

1. That there is a pregnant woman who has suffered an abortion.

2. That the abortion is intended.

3. That the offender, who must be a physician or midwife, cause, or assists, in causing the abortion.

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

 

Art. 260.  RESPONSIBILITY OF PARTICIPANTS IN A DUEL.

Duel, defined:   It is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side who make the selection of arms and fix all the other  conditions of the fight.

Acts punished in duel:

1. By killing one’s adversary in duel.

2. By inflicting upon such adversary physical injuries.

3. By making a combat although no physical injuries have been inflicted.

Who are liable in a duel?

1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals.

2. The seconds, as accomplices.

 

Art.  261.  CHALLENGING TO A DUEL.

Acts punished under Art. 261:

1. By challenging another to a duel

2. By inciting another to give or accept a challenge to a duel

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

Persons responsible under this Article:

challenger andinstigators.

 

PHYSICAL INJURIES

What are the crimes of physical injuries?

They are:

1.  Mutilation (Art. 262)

2.  Serious Physical Injuries (Art. 263)

3.  Administering injurious substances or beverages (Art. 264)

4.  Less Serious Physical Injuries (Art. 265)

5.  Slight Physical Injuries and maltreatment (Art. 266)

 

What are serious physical injuries?

They are:

1.When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.

2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, am arm, or a leg or (b) loses the use of any such member, or (c) becomes incapacitated for work in which he was theretofore habitually engaged, in consequence  of the physical injuries inflicted.

3.When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for work in which he was theretofore habitually engaged for more than 90 days, in consequence  of the physical injuries inflicted.

4. When the person injured  becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days), in consequence  of the physical injuries inflicted.


RAPE

Art.  266-A.  Rape,  When and How Committed. – Rape is committed

1)  By a man who shall have carnal knowledge of a woman under any of the following circumstances:

            a.  Through force, threat or intimidation;

            b.  When the offended party is deprived of reason or is otherwise unconscious;

            c.  By means of fraudulent machination or grave abuse of authority;

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

2)  By any person who, under any of the circumstances mentioned in paragraph 1 hereof,  shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.  (RA 8353 which took effect on October 22, 1997)

 

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/ qualifying circumstances:

1.  When the victim is under eighteen (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 institution.

3.  When the rape is committed in full view of the spouse, parent,  any of the children or other relatives within the third civil degree of consanguinity.  

4.  When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime.

5.  When the victim is a child below seven (7) years old.

6.  When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/ Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim.

7.  When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position  to facilitate the commission of the crime.

8.  When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability.

9.  When the offender knew of the pregnancy of the offended party at the time of the commission of the crime.

10.  When the offender knew of the mental disability, emotional disorder and/ or physical handicap of the offended party at the time of the commission of the crime.

The differences between the two modes of committing rape are the following:

(1)              In the first mode, the offender is always a man, while in the second, the offender may be a man or a woman;

(2)              In the first mode, the offended party is always a woman, while in the second, the offended party may be a man or a woman;

(3)              In  the  first mode, rape is  committed  through  penile penetration of the vagina, while the second is committed by inserting the penis into another person’s mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person; and

(4)              The penalty for rape under the first mode is higher than that under the second

The differences between the two modes of committing rape are the following:

(1)              In the first mode, the offender is always a man, while in the second, the offender may be a man or a woman;

(2)              In the first mode, the offended party is always a woman, while in the second, the offended party may be a man or a woman;

(3)              In  the  first mode, rape is  committed  through  penile penetration of the vagina, while the second is committed by inserting the penis into another person’s mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person; and

(4)              The penalty for rape under the first mode is higher than that under the second. 

                            In view of the material differences between the two modes of rape, the first mode is not necessarily included in the second, and vice-versa. Thus, since the charge in the Information in Criminal Case No. SC-7424 is rape through carnal knowledge, appellant cannot be found guilty of rape by sexual assault although it was proven, without violating his constitutional right to be informed of the nature and cause of the accusation against him.    (People vs. Abulon, GR 174473, August 17, 2007)

 

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

What are the crimes against liberty?

1.  Kidnapping and serious illegal detention.  (Art. 267)

2.  Slight illegal detention (Art. 268)

3.  Unlawful Arrest (Art. 269)

4.  Kidnapping and failure to return a minor (Art. 270)

5.  Inducing a minor to abandon his home (Art. 271)

6.  Slavery (Art. 272)

7.  Exploitation of child labor (Art. 273)

8.  Services rendered under compulsion in payment of debts (Art. 274)

 

What are the crimes against security?

1.  Abandonment of persons in danger and abandonment of one’s own victim (Art. 275)

2.  Abandoning a minor (Art. 276)

3.  Abandonment of minor by person entrusted with his custody; indifference of parents (Art. 277)

4. Exploitation of minors (Art. 278)

5.  Trespass to Dwelling (Art. 280)

6.  Other forms of trespass (Art. 281)

7.  Grave Threats (Art. 282)

8.  Light Threats (Art. 283)

9.  Other light threats (Art. 285)

10.  Grave coercions (Art.  286)

11.  Light Coercions (Art. 287)

12.  Other similar coercions – (compulsory purchase of merchandise and payment of wages by means of tokens) (Art. 288)

13.  Formation, maintenance and prohibition of combination of capital or labor through violence or threats (Art. 289)

14.  Discovering secrets through seizure of correspondence (Art. 290)

15.  Revealing secrets with abuse of office (Art. 291)

16.  Revelation of industrial secrets (Art. 292).

 

Art.  267.  KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

Elements:

1.  That the offender is a private individual.

2.  That he kidnaps or detains another, or in any other manner deprives the latter of his liberty.

3.  That the act of detention or kidnapping must be illegal.

4.  That in the commission of the offense, any of the following circumstances is present:

            a.  That the kidnapping or detention lasts for more than 3 days;

            b.  That it 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 (People vs. Mercado, 131 SCRA 501)

 

Art.  268.  SLIGHT ILEGAL  DETENTION.

Elements:

1.  That the offender is a private individual.

2.  That he kidnaps or detains another, or in any other manner deprives him 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.

 

Art.  269.  UNLAWFUL ARREST.

Elements:

1.  That the offender arrests or detains another person.

2.  That the purpose of the offender is to deliver him to the proper authorities.

3.  That the arrest or detention is not authorized by law or there is no reasonable ground therefor.

 

Art.  270.  KIDNAPPING AND FAILURE TO RETURN A MINOR.

Elements:

1.  That the offender is entrusted with the custody of a minor person (whether over or under 7 years but less than 21 years of age).

2.That he deliberately fails to restore the said minor to his parents or guardian.

 

Art. 271.  INDUCING A MINOR TO ABANDON HIS HOME. 

Elements:

1.  That a minor (whether over or under seven years of age) is living in the home of his parents or guardian or the person entrusted with his custody.

2.  That the offender induces said minor to abandon such home.

 

Art.  270.  KIDNAPPING AND FAILURE TO RETURN A MINOR.

Elements:

1.  That the offender is entrusted with the custody of a minor person (whether over or under 7 years but less than 21 years of age).

2.That he deliberately fails to restore the said minor to his parents or guardian.

 

Art. 271.  INDUCING A MINOR TO ABANDON HIS HOME. 

Elements:

1.  That a minor (whether over or under seven years of age) is living in the home of his parents or guardian or the person entrusted with his custody.

2.  That the offender induces said minor to abandon such home.

 

Art.  272.  SLAVERY.

Elements:

1.  That the offender purchases, sells, kidnaps or detains a human being.

2.  That the purpose of the offender is to enslave such human being.

 

Art.  273.  EXPLOITATION OF CHILD LABOR.

Elements:

1.  That the offender retains a minor in his service.

2.  That it is against the will of the minor.

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 such minor.

 

Art.  274.  SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT.

Elements:

1.  That the offender compels a debtor to work for him, either as household servant or farm worker.

2.  That it is against the debtor’s will.

3.  That the purpose is to require or enforce the payment of a debt.

 

Art.  275.  ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM.

Acts punishable under Art. 275:

1.  By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.

Art. 275, par. 1, Elements:

      a.  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.

Art. 275. par. 2.  By failing to help or render assistance to another whom the offender has accidentally wounded or injured.

Art. 275, par. 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 a safe place.

 

Art. 276.  ABANDONING A MINOR.

Elements:

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.

Art. 277.  ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS.

Acts punished:

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 the absence of that one, without the consent of the proper authorities.

           

Elements:

            a.  That the offender has charge of the rearing or education of a minor;

            b.  That he delivers said  minor to a public institution or other persons;

            c.  That the one who entrusted such child to the offender has not consented to such act or, in the absence of that one, without the consent of the proper authorities.

Art. 277. par. 2.  By neglecting his (offender’s) children by not giving them the education which their station in life  requires and financial conditions permit.

Elements:

a.  The offender is a parent.

b.  That he neglects his children by not giving them education.

c.  That his station in life requires such education and financial condition permits it.

 

Art.  278.  EXPLOITATION OF MINORS.

Acts punished:

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 engaged in a similar calling.

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 homes of his ascendants, 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.

 

Art.  280.  QUALIFIED TRESPASS TO DWELLING.

Elements of trespass to dwelling:

1.  That the offender is a private person.

2.  That he enters the dwelling of another.

3.  That such entrance is against the latter’s will.

4.   If the offense is committed by means of violence or intimidation, the crime is  qualified and the penalty is prision correccional medium and maximum periods.

 

Art.  281.  OTHER FORMS OF TRESPASS.

Elements:

1.  That the offender enters the closed premises or the fenced estate of another.

2.  That the entrance is made while either of them is uninhabited.

3.  That the prohibition to enter be manifest.

4.  That the trespasser has not secured the permission of the owner or the caretaker thereof.

 

 

Art.  282.  GRAVE THREATS.

Acts punishable as grave threats:

1.  By threatening another with the infliction upon his person, honor or 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 threat 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 not being subject to a condition.

Art. 283.  LIGHT THREATS.

Elements:

1.  That the offender makes a threat to commit a wrong.

2.  That the wrong does not constitute a crime.

3.  That there is a demand for money or that other condition is imposed, even though not unlawful.

4.That the offender has attained his purpose or, that he has not attained his purpose.

 

Art. 284.  BOND FOR GOOD BEHAVIOR.  In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.

 

In what cases may a person be required to give bail not to molest another?

1.  When he threatens another under the circumstances mentioned in Art. 282.

2.  When he threatens another under the circumstances mentioned in Art. 283.

 

 

 

 

Art. 285.  OTHER LIGHT THREATS.

Acts punished as other light threats:

1.   By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense;

Two acts are comprehended in this paragraph:

            a.  Threatening another with a weapon, even if there is no quarrel and

            b.  Drawing a weapon in a quarrel, which is not in lawful 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 his threat.

3.  By orally threatening to do another any harm not constituting a felony.

 

Art. 286. GRAVE COERCIONS.

Two ways of committing grave coercions:

1.  By preventing another, by means of violence, threats or intimidation, from doing something 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 of grave coercions:

1.  That a person prevented another from doing something not prohibited by law or  compelled him another to do something against his will, whether it be right or wrong.

2.  That the prevention or compulsion be effected by violence, threats or intimidation and

3.  That the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

 

Art. 287. LIGHT COERCIONS. 

Elements:

1.  That the offender must be a creditor.

2.  That he seizes anything belonging to his debtor.

3.  That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation.

4.That the purpose of the offender is to apply the same to the payment of a debt.

 

Art.   288.  OTHER SIMILAR COERCIONS – (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS).

Acts punished as other similar coercions:

1.  By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.

2.  By paying the wages due his laborer by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such employee or laborer.

 

Art. 289. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS.

Elements:

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 coalitions of capital or labor, strike of laborers or lockout of employers.

 

Art.  290.  DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE.

Elements:

1.   The offender is a private individual or even a public officer not in the exercise of his official duties;

2.  He seizes the papers or letters of another and

3.  The offender is informed of its contents.

 

Art. 291.  REVEALING SECRETS WITH ABUSE OF OFFICE:

Elements:

1.  That the offender is a manager, employee, or servant;

2.  That he learns the secrets of his principal or master in such capacity.

3.  That he reveals such secrets.

 

Art. 292.  REVELATION OF INDUSTRIAL SECRETS.

Elements:

1.  That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment.

2.  That the manufacturing or industrial establishment has a secret of the industry which the offender has learned.

3.  That the offender reveals such secrets.

4.  That prejudice is caused the owner.


CRIMES AGAINST PROPERTY

1.  Robbery with violence or intimidation of persons (Art. 294).

2.  Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearms on a street, road or an alley (Art. 295).

3.  Attempted and frustrated robbery committed under certain circumstances (Art. 297).

4.  Execution of deeds by means of violence or intimidation          (Art. 298)

5. Robbery in an inhabited house or public building or edifice devoted to worship (Art. 299).

6.  Robbery in an uninhabited place and  by a band (Art. 300).

7.  Robbery in an uninhabited place or in a private building          (Art. 302).

8.  Robbery of cereals, fruits or firewood in an uninhabited place or private building (Art. 303).

9.  Possession of picklocks or similar tools (Art. 304).

10.  Brigandage (Art. 306).

11.  Aiding and abetting a band of brigands (Art. 307).

12.  Theft (Art. 308).

13.  Qualified Theft (Art. 310).

14.  Theft of the property of the National Library and National Museum (Art. 311).

15.  Occupation of real property or usurpation of real rights in property (Art. 312).

 

 

CRIMES AGAINST PROPERTY

16.  Altering boundaries or landmarks (Art. 313).

17.  Fraudulent insolvency (Art. 314).

18.  Swindling (Art. 315)

19.  Other forms of swindling (Art. 316).

20.  Swindling a minor (Art. 317).

21.  Other deceits (Art. 318).

22.  Removal, sale or pledge of mortgaged property (Art. 319).

23.  Destructive Arson (Art. 320).

24.  Other forms of arson (Art. 321).

25.  Arson of property of small value (Art. 323).

26.  Crimes involving destruction (Art. 324).

27.  Burning one’s property as a means to commit arson (Art. 325).

28.  Setting fire to property exclusively owned by the offender      (Art. 326).

29.  Malicious Mischief (Art. 327).

30.  Special case of malicious mischief (Art. 328).

31. Damage and obstruction to means of communication (Art. 330).

32.  Destroying or damaging statues, public monuments or paintings (Art. 331).

ROBBERY IN GENERAL

Art.  293.   WHO ARE GUILTY OF ROBBERY.

Elements:

(a)  Intent to gain (animus lucrandi);

(b)  Unlawful taking (sometimes called asportation);

(c)  Personal property (bienes muebles) belonging to another; and

(d)  Violence against or intimidation of any person or force upon things.

Kinds of robbery:

(a)  Robbery with violence against or intimidation of persons; and

(b)  Robbery with force upon things.

 

Art.  294.  ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS.

Acts punished as robbery with violence against or intimidation of persons:

1.  When by reason or on the occasion of the robbery, the crime of homicide is committed;

2.  When the robbery is accompanied by rape or intentional mutilation or arson;

3.  When by reason or on occasion of such robbery, any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted;

4.  When by reason or on the occasion of robbery, any of the physical injuries resulting in the loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any such member or incapacity for the work in which the injured person is therefore habitually engaged is inflicted;

5.  If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime;

6.  When in the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use of thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated for labor for more than 30 days;

7.  If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only.

 

Art.  295.  ROBBERY WITH PHYSICAL INJURIES, COMMITTED  IN AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY.

When is robbery with violence against or intimidation of persons qualified?

If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 is committed –

1.  In an uninhabited place;

2.  by a band or

3.  by attacking a moving train, street car, motor vehicle, or airship or

4.  by entering the passengers’ compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances or

5.  on a street, road, highway, or alley, and the intimidation is made with the use of firearms, the offender shall be punished by the maximum of the proper penalties prescribed in Art. 294.

 

Art. 296.  DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS THEREOF.

Outline of the provisions:

1.  When at least four armed malefactors take part in the commission or a robbery, it is deemed committed by a band.

2.  When any of the arms used in the commission of the robbery is not licensed, the penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice to the criminal liability for illegal possession of such firearms.

3.  Any member of a band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

 

Art. 297.  ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES.

This article applies when a homicide is committed on the occasion of an attempted or frustrated robbery, and constitutes an exception to the rule of lowering the penalty by one or two degrees in cases of attempted or frustrated felonies (Art. 60).

 

Art. 298.  EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION.

Elements:

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.

3.  That the compulsion is by means of violence or intimidation.

Art. 299.  ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR OFFICE DEVOTED TO WORSHIP.

Robbery with force upon things under subdivision (a):

Elements:

1.  That the offender entered (a) an inhabited house, or (b) public building or (c) edifice devoted to religious worship;

2.  That the entrance was effected by any of the following means:

                        a.  Through an opening not intended for entrance or egress;

                        b.  By breaking any wall, roof, or floor or breaking any door or window;

                        c.  By using false keys, picklocks or similar tools or

                        d.  By using any fictitious name or pretending the exercise of public authority.

3.  That once inside the building, the offender took personal property belonging to another with intent to gain.

 

Robbery with force upon things under subdivision (b), Art. 299:

Elements:

1.That the offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless of the circumstances under which he entered it;

2.  That the offender takes personal property belonging to another, with intent to gain, under any of the following circumstances:

            a.  By the breaking of doors, wardrobes, chests or any kind of locked or sealed furniture or receptacle or

            b.  By taking such furniture or objects away to be broken or forced open outside the place of robbery.

 

Art. 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

The robbery mentioned in Art. 299, if committed in an uninhabited place AND by a band, shall be punished by the maximum period of the penalty provided therefore.   This fact must be alleged in the information to qualify the offense.

 

 

 

 

Art. 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING, OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES.

 - Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall  temporarily be absent therefrom when the robbery is committed.

All interior courts, corrals, warehouses, granaries, barns, coach houses, stables or other departments, or enclosed places contiguous to the building or edifice, having an interior entrance connected therewith and which form part of the whole, shall be deemed dependencies of an inhabited house, public building, or building dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the dwelling, and having direct connection therewith.

The term “public building” includes every building owned by the government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same.

 

Art. 302.  ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING.

Elements:

1.  That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship;

2.  That any of the following circumstances was present:

                        a.  The entrance was effected through an opening not intended for entrance or egress;

                        b.  A wall, roof, or floor or outside   door or window be broken;

                        c.  The entrance was effected by using false keys, picklocks or similar tools or

                        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.

 

Art. 303.  ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING.

Cereals means the grain either of palay, wheat or corn.   Unhulled rice or palay which is grain in its original state, and under proper condition will germinate with the plant that produces it, thus Robbery of palay comes under Art. 303.

 

Art. 304.  POSSESSION OF PICKLOCKS OR SIMILAR TOOLS.

Elements of illegal possession of picklocks or similar tools:

1.  That the offender has in his 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.

Art.305.  FALSE KEYS. – The term includes:

            1.  The tools mentioned in the next preceding articles;

            2.  Genuine keys stolen from the owner;

            3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

            BRIGANDAGE:  It is a crime committed by more than three armed persons who form a band of robbers for the purpose of committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom,  or for any other purpose to be attained by means of force and violence.

Art.  306.  WHO ARE BRIGANDS  – When more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence, they shall be deemed highway robbers or brigands.

            If any of the arms carried by any of said persons be an unlicensed firearm, it shall be presumed that such persons are highway robbers or brigands, and in case of conviction, the penalty shall be imposed in the maximum period.  (As amended by RA No. 12)

 

Art. 307. AIDING AND ABETTING A BAND OF BRIGANDS.

 Elements:

1. That there is a band of brigands.

2. That the offender knows the band to be of brigands.

3. That the offender does any of the following acts:

a.  He in any manner aids, abets or protects such band of brigands;

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.

 

Presidential decree 532 (1974) punishes as brigandage the seizure of any person for ransom, extortion or other unlawful purposes committed by any person on any highway.

Highway Robbery/ Brigandage.

 – The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means, committed by any person on any Philippine Highway.

Difference between Brigandage under the Revised Penal Code and Brigandage under PD 532

PD 532 is not inconsistent with Article 306 of the Revised Penal Code and therefore is not deemed to have repealed but has only modified the latter.   Under the Revised Penal Code,  mere conspiracy of more than three armed persons forming a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence is punished as brigandage.  The Code calls these offenders highways robbers or brigands.  The gist of the offense is the formation of a band for any of the purposes indicated in the law.  If for example a group of ten armed men were arrested roaming in a public highway for the purpose of kidnapping persons for ransom,  they are already liable for brigandage under Art. 306.   On the other hand, if the kidnapping for ransom in the highway is actually committed, then Pres. Dec. 532 will apply.  The decree does not punish mere conspiracy to constitute the offense of brigandage.   Under the decree, the offenders need not constitute a band.

 

THEFT

Art.  308.  WHO ARE LIABLE FOR THEFT.

Theft is committed by a person who, with intent to gain but without violence against, or intimidation of persons, nor force upon things, shall take personal property of another without the  latter’s consent.

Theft is likewise committed by: 

1.  Any person who, having found lost property, shall fail to deliver  the same to the local authorities or to its owner;

2.  Any person who, after having maliciously damaged  the property of another, shall remove or make use of the fruits or object of the damage caused by him and;

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.

Elements of Theft:

1. That there be a taking of personal property;

2. That said property belongs to another;

3. That the taking be done with intent to gain;

4. That the taking be done without the consent of the owner.

5.  That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.

 

Art.  310.  QUALIFIED  THEFT:

Theft is qualified –

1.  If the 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 (a) motor vehicle, (b) mail matter, or (c) large cattle;

4.  If the property stolen consists of coconuts taken from the premises of a plantation;

5.  If the property stolen is fish taken from a fishpond or fishery.

6.  If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. (As amended by BP Blg. 71,May 1, 1980)

In spite of the carnapping law (RA 6539) and the anti-cattle rustling law (PD 533), there may be qualified theft of a motor vehicle or large cattle if such is not taken but is received by the offender where only the material possession thereof has been transferred and who misappropriates it (Bar 1992).

RA 6539  defines  Carnapping  as “the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of  violence against or intimidation of persons, or by using force upon things”.     Motor vehicle has been defined by statute as including all vehicles propelled by power, other than muscular power.

Large cattle includes horses, cows, carabaos, mule, ass and all domesticated members of the bovine family – which refers to animals related to or resembling oxen or cows.  Thus, goats are not included, as they are to be considered small cattles (People vs. Nazareno, 70 SCRA 531).

Anti-Fencing Law (PD 1612):  “Fencing”, per the provisions of PD 1612,  is  defined  as “the act of a person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of,  or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.” 

 

Fence includes any person, firm, association, corporation, or partnership or other organization who/ whom commits the act of fencing.

Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing (Sec. 5)

“Where there is no showing of unlawful taking or no showing that the accused knew or should have known that the very stolen articles were the ones sold to him, there is no violation of PD 1612 (Tan vs. People, 313 SCRA 113).”

Other Special Penal Laws punishing certain forms of Qualified Theft

Highgrading of Theft of Gold (PD 581 [1974]):  Highgrading is committed by any person who shall take gold bearing ores or rocks in place or shall extract or remove the gold  from such ores or rocks without the consent of the operator of the mining claim.  It also punishes any person  who knowingly buys or acquires gold bearing ores or rocks on the gold extracted or removed therefrom as an accessory to the theft.  Under PD 1612,  this offender will now be liable for the offense of “fencing”.

 

Illegal Fishing (PD 534 [1974])  amended by PDs 704 (1975) and 1058 (1976):  Any person who shall catch, take or gather fishery or aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substances or the use of electricity.   If the use of such substance shall result in the loss of human life,   the penalty is life imprisonment to death.   The decree also punishes any person who knowingly possesses, deals in, sells or in any manner disposes of, for profit, any fish, fishery, or aquatic products which have been illegally caught or gathered.

Other Special Penal Laws punishing certain forms of Qualified Theft

 

Timber Smuggling and Illegal Cutting of Logs (PD 330 [1973]):  Any person, whether natural or juridical, who directly or indirectly cuts, gathers removes or smuggles timber,  or other forest products, either from any of the public forests, forest reserves or other kinds of public forests, whether under license or lease, or from any privately owned forest lands in violation of existing laws, rules and regulations shall be guilty of qualified theft under Art. 310 of the RPC.

             

Revised Forestry Code (PD 705):  Sec. 68 provides that the cutting, gathering and/ or collecting timber without license shall be punished as qualified theft under Art. 310 of the RPC.

Art.  311.  THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM.

 

Art. 312.  OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY.

Acts punishable:

1.  By taking possession of any real property belonging to another by means of violence against or intimidation of persons.

2.  By usurping any real rights in property belonging to another by means of violence against or intimidation of persons.

Elements:

a.  That the offender takes possession of any real property or usurps real rights in property.

b.  That the real property or real rights belong to another.

c.  That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property.

d. That there is intent to gain.

 

Art.  313.  ALTERING BOUNDARIES OR LANDMARKS.

Elements:

1.  That there be boundary marks or monuments of towns, provinces, or estates, or other marks intended to designate the boundaries of the same.

2.That the offender alters said boundary marks.

 

Art.  314.   FRAUDULENT INSOLVENCY.

Elements:

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 creditors.

 

SWINDLING AND OTHER DECEITS

Art.  315.  SWINDLING  (ESTAFA).

It is committed by defrauding another by any of the following means:

1.  With unfaithfulness or abuse of confidence, namely:

a. By altering the substance, quantity, or quality of anything of value which the offender shall deliver by virtue of any obligation to do so, even though such obligation be based on an immoral or illegal consideration.

b. By misappropriating or converting, to the prejudice of another, money, goods, or 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 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.

c. By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or any third person.

           

Art. 315, Par. 2:  By means of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

(a)    By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.

(b)    By altering the quality , fineness, or weight of anything pertaining to his art or business.

(c)    By pretending to have bribed any government employee, without prejudice to the action for calumny, which the offended party may deem proper to bring against the offender.  In this case, the offender shall be punished by the maximum period of the penalty.

(d)    By postdating a check, or issuing a check in payment of an obligation when the offender had no funds therein or his funds deposited therein were not sufficient to cover the amount of the check.  Failure of the drawer of the check to deposit the amount necessary to cover  his check within three (3) days from receipt of notice from the bank and/ or the payee or holder that said check has been dishonored for lack or insufficiency of funds, shall, be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by RA 4885, June 17, 1967).

(e)    By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at a hotel, inn, restaurant, boarding hose, lodging house or apartment house, by the use of any false pretense or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house or apartment house after obtaining credit, food, refreshment, or accommodation without paying for his food, refreshment, or accommodation.

Art. 315, paragraph 3.  Through any of the following fraudulent means:

a. By inducing another by means of deceit, to sign any document;

b. By resorting to some fraudulent practice to insure success in a gambling game;

            c.  By removing, concealing, destroying in whole or in part, any court record, office files, documents or any other papers.

Estafa has basically two elements:

(a)  abuse of confidence or deceit and

(b)  damage or intent to cause damage

 

Art.  316.   OTHER FORMS OF  SWINDLING:

The other forms of swindling are:

1.   Any person who, pretending to be the owner of any real property,  shall convey,  sell, encumber    or mortgage the same;

2. Any person who,  knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person.

4.  Any person who,   to the prejudice of another,   shall execute any fictitious contract.

5.  Any person who shall accept any compensation given him under the belief that it was payment of services rendered or labor performed by him,   when in fact he did not actually perform such services or labor.

6.  Any person who, while being a surety in a  bond given him 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 the real property or properties within which he guaranteed the fulfillment of such obligation.

Art.  317.  SWINDLING A MINOR:

The offender takes advantage of the inexperience or emotions of a minor by inducing the minor to assume or to release an obligation involving money or personal property.   

Therefore,  if the obligation induced refers to a parcel of land,   there is no swindling of a minor because for the transaction to be valid regarding immovable properties,   the minor must always be assisted by a guardian.

 

Art.  318.  OTHER DECEITS:

This is the crime committed by any person who shall defraud another or damage another by any other deceit not mentioned in Articles 315, 316, and 317.

Under this article,  included are persons who,  for profit or gain,  shall interpret dreams,  make forecasts,  tell fortunes,   or take  advantage of the credulity of the public in any other similar manner.

 

CHATTEL   MORTGAGE

Art.  319.   REMOVAL,  SALE OR PLEDGE OF MORTGAGED PROPERTY.

Elements of knowingly removing mortgaged personal property:

1.  That personal property is mortgaged under the Chattel Mortgage Law;

2.  That the offender knows that such property is mortgaged;

3.  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;

4. That the removal is permanent;

5. That there is no written consent of the mortgagee or his executors,  administrators or assigns, to such removal.

 

ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Articles 320 to 326-B are repealed or amended by Presidential Decree No. 1613.

 

Presidential Decree No. 1613 (Amending the Law on Arson)

SECTION 1.  Arson. – Any person who burns or sets fire to the property of another shall be punished by prision mayor. The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.

SECTION 2.   Destructive Arson. – The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed if the property burned is any of the following:

            (a)  Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.

            (b)  Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services.

            (c)  Any church or place of worship or other building where people usually assemble.

            (d)  Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.

            (e)  Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.

            (f)  Any hospital,  hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.

            (g)  Any building, whether used as a dwelling or not, situated in a populated or congested area.

 

MALICIOUS MISCHIEF  is the willful  damaging of another’s property  for the sake of causing damage due to hate, revenge,  or other evil motive.

What are the crimes classified as Malicious Mischief?

1.  Special cases of malicious mischief (Art. 328)

2.  Other mischiefs (Art. 329)

3.  Damage and Obstruction to means of communication (Art. 330)

4. Destroying or damaging statues, public monuments or paintings  (Art. 331)

Art.  327.   WHO ARE LIABLE FOR MALICIOUS MISCHIEF. – Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter, shall be guilty of malicious mischief.

Elements:

a.   That the offender deliberately caused damage to the property of another;

b.   That such act does not constitute arson or other crimes involving destruction;

c.   That the act of damaging another’s property be committed merely for the sake of damaging it.

 

Article  328.   SPECIAL CASES OF MALICOUS MISCHIEF:

The special cases of malicious mischief are:

1.  Causing damage to obstruct the performance of public functions

2.  using any poisonous or corrosive substance

3.  Spreading any infection or contagion among cattle

4.Causing damage to the property of the National Museum or National 5.Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public.

 

Article 329.   OTHER MISCHIEFS:

Mischiefs not included in Art. 328 are punished according to the value of the damage caused, viz:

(a)  By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds  P 1,000.00

(b)  By arresto mayor in its minimum and medium periods, if such value is over P 200.00 but does not exceed P 1,000.00 and

(c)  By arresto menor or fine not less than  the value of the damage caused and not more than P 200.00, if the amount involved does not exceed P 200.00 or cannot be estimated (As amended by Com. Act No. 3999)

 

Article 330.  DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION:

Damage and obstruction to means of communication is committed by damaging any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision, or other accident, a higher penalty shall be imposed.

 

Article  331.   DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS:

The crime is committed by any person who shall destroy or damage statues or any other useful or ornamental public monuments.

 

EXEMPTIONS FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Art. 332.  Persons exempt from criminal liability. – No criminal,  but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons:

(a)  Spouses, ascendants and descendants, or relatives by affinity in the same  line;

(b)  The widowed spouse with respect to the property which belongs to the deceased spouse before the same shall have passed into the possession of another and

(c)  Brothers and sisters and brothers-in-law and sisters-in-law,  if living together.

            The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.


Title Eleven
CRIMES AGAINST CHASTITY

The crimes against chastity:

            Adultery (Art. 333)
Concubinage (Art. 334)
Acts of Lasciviousness (Art. 336)
Qualified Seduction (Art. 337)
Simple Seduction (Art. 338)
Acts of lasciviousness with the consent of the offended party (Art. 337)
Corruption of Minors (Art. 340)
White Slave Trade (Art. 341)
Forcible Abduction (Art. 342)
 Consented Abduction (Art. 343)

 

Chapter One
ADULTERY AND CONCUBINAGE

            Article 333.   Who are guilty of Adultery. – Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.

            Adultery shall be punished by prision correccional in its medium and maximum periods.

            If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse,  the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

            Elements :

            a.  The woman is married;

            b.  That she has sexual intercourse with a man not her husband, and

            c.  That as regards the man with whom she has sexual intercourse,   he must know her to be married.

 

Article 334.  Concubinage

            Definition:   Any husband who shall keep a mistress in the conjugal dwelling, or,  shall have sexual intercourse,   under scandalous circumstances, with a woman who is not his wife,  or shall cohabit with her in any other place,  shall be punished by prision correccional  in its minimum and medium periods.  

 

The concubine shall suffer the penalty of destierro. 

Elements:

1.  The offender must be a married man who commits these acts:

                          (a)  He keeps a mistress in the conjugal dwelling;

                        (b) He has sexual intercourse with a woman not his wife under scandalous circumstances and

                        (c)  He cohabits with her in any other place.

 2. As regards the woman, she must know the man to be married.

 

Article 336.  Acts of lasciviousness

            Definition:Any person who shall commit any act of lasciviousness upon other persons of either sex,  under any of the circumstances mentioned in the preceding article,   shall be punished by prision correccional.

Elements:

1.  The offender commits any act of lasciviousness or lewdness;

2.  The act is done under any of the following circumstances:

                        (a)  By using force or intimidation;

                        (b) When the offended party is deprived of reason or otherwise unconscious and

                        (c)  When the offended party is under 12 years of age.

3.  The offended party is another person of either sex.

 

Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

 

Article 337. Qualified Seduction. – The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced,  shall be punished by prision correccional in its minimum and medium periods.

            The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

             Under the provisions of this Chapter,  seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described  herein.

           

Article 338.   Simple Seduction. – The seduction of a woman who is single or a widow of good reputation,  over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

Elements:

            a.  The offended party is over 12 and under 18 years of age;

            b.  She must be of good reputation, single or widow;

            c.  The offender has sexual intercourse with her;

            d.   The sexual intercourse was obtained by means of deceit.

           

Article 339.  Acts of lasciviousness with the consent of the offended party. – the penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and under the same circumstances as those provided in Articles 337 and 338.

Elements:

            a.  The offender commits lewd acts;

            b.  The acts are committed upon a woman who is a virgin or a widow of good reputation, under 18 years of age but over 12;  or a sister or descendant of the offender regardless of age or reputation; and

            c.  The offender accomplishes the acts by abuse of confidence, authority, relationship or the employment of deceit.

           

Article 340.  Corruption of Minors. -   Any person who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a public officer or employee,   including those in government-owned or controlled corporations, he shall suffer the penalty of temporary    absolute disqualification.   (As amended by BP Blg. 92, approved on December 24, 1980.)

           

Article 341.   White Slave Trade. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or profit by prostitution or shall enlist the services of any other for the purpose of prostitution.

            Acts punished:

            a.  Engaging in the business of prostitution;

            b.  Profiting by prostitution; and

            c.  Enlisting the services of women for the purpose of prostitution.

           

Article 340.  Corruption of Minors. -   Any person who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a public officer or employee,   including those in government-owned or controlled corporations, he shall suffer the penalty of temporary    absolute disqualification.   (As amended by BP Blg. 92, approved on December 24, 1980.)

           

Article 341.   White Slave Trade. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or profit by prostitution or shall enlist the services of any other for the purpose of prostitution.

            Acts punished:

            a.  Engaging in the business of prostitution;

            b.  Profiting by prostitution; and

            c.  Enlisting the services of women for the purpose of prostitution.

 

CHAPTER FOUR
ADBUCTION

            Article 342.  Forcible abduction. – The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal.

            The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

           

            Elements:

            a.   The person abducted is any woman, regardless of her age, civil status or reputation;

            b.  The abduction is against her will and

            c.   the abduction is carried out with lewd design.

 

Article 343.  Consented Abduction

            Defined: The abduction of a virgin over twelve and under eighteen years of age,   carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.

            Elements:

            a.  That the offended party is a virgin;

            b.  That she is over twelve and under eighteen years of age;

            c.  That the taking of the victim must be with her consent after solicitation or cajolery from the offender and

            d.  That the taking of the offended party be with lewd design.