FELONIES IN THE REVISED PENAL CODE

TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE II

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE III

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE IV

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE V

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

 DEFENSES JURISPRUDENCE

TITLE VI

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE VII

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE
Art. 203. Who are
Public Officers
Art. 204 Knowingly Unjust judgement – One Good faith defense – Judgment must be Prison Mayor and
rendering an unjust that is contrary to law, or Judge did not intent contrary to law – perpetual absolute
judgment is not supported by the ill will in rendering There must be disqualification
evidence, or both. the judgment which showing of
ought to be unjust. deliberate intent to
Elements IT was merely an do injustice (Maria
1. Offender is a judge error vs. Ubay)
2. Which renders a
judgment in a case There must be an
submitted to him for authoritative judicial
decision; declaration that his
3. Judge knows that his decision or order is
judgment is unjust really unjust which
4. Judgment is unjust. may result from
either an action for
 certiorari or
prohibition in a
higher court (De
Vera vs. Palayo)
Art. 205 – Judgment “manifestly unjust Arresto mayor and
rendered through judgment” – judgment is temporary special
negligence manifestly contrary to law disqualification
that even a person having
meager knowledge of the
law cannot doubt the
injustice

Elements
1. Offender is a judge
2. That he renders a
judgment in a case
submitted to him for
decision
3. Judgment is manifestly
unjust
4. It is due to his
inexcusable negligence
or ignorance
Art. 206 – Unjust Interlocutory order – if the Arresto Mayor in its
Interlocutory order order leaves something to minimum period
be done in the trial court and suspension
with respect to the merits
of the case, it is
interlocutory. Otherwise it
is final.

Elements
 1. Offender is a judge
2. Issues an
interlocutory order
or manifestly unjust
interlocutory order
or through in
excusable
negligence or
ignorance.
Art. 207 – Malicious Elements Prision Correccional
delay in the 1. Offender is a judge in its minimum
administration of 2. There is a proceeding period
Justice in his court
3. Delays the
administration of
justice
4. Maliciously with the
deliberate intent to
inflict damage on either
party to the case.
Art. 208 – Otherwise known as the
Prosecution of crime of “prevaricacion”
Offenses; Negligence
and Tolerance Modes
1. Maliciously refraining
Offender: from institution
Public Officer – prosecution against
Officers of the violators of the law
prosecution 2. Maliciously tolerating
department, whose the commission of
duty is to institute offenses.
criminal proceedings
for felonies upon Elements
being informed of 1. Offender is a
their perpetration prosecutor or an
officer of the law
Officer of the law – 2. There is dereliction
those who are duty- of the duties of his
bound to cause the officer or tolerated
prosecution and the commission of
punishment of the offences
offenders by reason 3. Offender acts with
of the position held malice and intent to
by them. *Chief of favor the violator of
Police NOT police law.
officers.

Art. 209 – Betrayal Modes Prision Correcional

of Trust by an 1. By causing damages to in its minimum
Attorney or a client either by (1) period + Fine as
Solicitor – Revelation malicious breach of amended by RA
of Secrets professional duty; or (2) 10951
inexcusable negligence
(DAMAGE IS
MATERIAL)
2. Revealing any of the
secrets learned by him
in his professional
capacity (DAMAGE IS
NOT MATERIAL)
3. Undertaking the
defense of the opposing
party without prior
consent by the first
 client.

Art. 210 – Direct MODES First Mode – Prision

Bribery 1. Agreeing to perform, or Mayor in its medium
performing in and maximum
consideration of an period, and a fine
offer, gift, promise or not less than three
present an act times of the value of
constituting to a the gift
CRIME, in connection
with the performance of Second Mode –
his/her official duty Prision Mayor if act
(ACCEPTANCE OF IS is not accomplished.
NOT NECESSARY) Otherwise, Prision
2. Accepting a gift in Correcional in its
consideration of the medium period and
execution of an act a fine not less than
which DOES NOT twice the value of
constitute to a CRIME such gift
xxx (ACCEPTANCE IS
NECESSARY) Third Mode – Prision
3. Agreeing to refrain, or correctional in its
refraining which in his maximum period to
official duty to do in Prision mayor in its
consideration of a gift minimum period
or promise. and a fine of not less
(ACCEPTANCE IS NOT than three times the
NECESSARY) value of such gift.
 Dereliction of Duty
in Article 208 is not Temporary
absorbed. disqualification from
 office.
Elements
1. Offender is a public
officer
2. Offender accepts an
offer or a promise by
himself or another;
3. Such promise is in
consideration of (modes
of committing )
4. The act which ought to
be committed or
omitted is in
connection with the
performance of his
official duties.
Article 211 – Indirect Elements Penalty of Prision
Bribery 1. Offender is a public Correcional in its
officer medium and
PD 46 – Making it 2. Who was offered a maximum period
punishable for gift and and suspension and
public officials and subsequently public censure
employees to receive accepted it;
and for private 3. Offer was in
persons to give, gifts consideration of his
on any occasion office.
including Christmas.
Acceptance is necessary.
What is being punished is
the acceptance of such gift
in consideration of future
favors which may be
 exacted from the public
officer
Article 211-A – Elements Offender shall suffer
Qualified Bribery 1. Offender is a public the penalty of which
officer entrusted with the accused was not
the authority to prosecuted for
prosecute or arrest (law
enforcement)
2. Refrains from arresting
or prosecuting the
accused who
committed a crime
punishable by
reclusion perpetua
and/or death
3. Offender refrains from
arresting or
prosecuting in
consideration of any
offer, promise, gift or
present.
Article 212 – Elements Same penalty
Corruption of Public 1. Offender makes offer imposed on the
Officials or promises or gives officer corrupted
gift too a public officer except for
2. Offer or promises are disqualification and
made under the suspension.
circumstance that will
make the public officer
liable for direct bribery
or indirect bribery
 What is punished in this
felony is the giver of the
gift not the public officer.
Article 213 – Fraud Modes Penalty of prision
against the public 1. Fraud committed correctional in its
Treasury against public medium period to
treasury prision mayor in its
2. Illegal Exaction minimum period

Elements (Par 1)
1. Offender is a public
officer
2. That took advantage
of his/her public
office
3. He entered into an
agreement with any
interested party or
speculator or made
use of any scheme
with regard to
a. Furnishing
supplies
b. Making of
contracts; or
c. Adjustment or
settlement of
accounts relating
to public
property or funds
4. Accused had the
intent to defraud the
 government

Elements (Par 2) / illegal

exactoins
1. Offender is a public
officer entrusted
with collection of
taxes, licenses, fess
and other imposts
2. Guilty of the
following
a. Demanding sums
different or large
that those
authorized by law
b. Failing to voluntarily
issue a receipt in
the collection
c. Collecting or
receiving instead
other things or
object of a different
nature as provided
by law.

Article 214 – Other Elements Penalty of temporary

frauds 1. Offender is a public special
officer disqualification in its
2. Takes advantage of maximum period to
his position perpetual special
3. Committed (estafa, disqualification
other forms of
 swindling, in addition to the
swindling a minor, penalty as imposed
other deceits) in the crime
committed
Article 215 – Elements Prision Correcional
Prohibited 1. Offender is an in its minimum
Transactions appointive public period.
officer
2. Becomes interested ,
in any transaction of
exchange or
speculation
3. Transaction takes
place within the
territory subject to
his jurisdiction
4. He becomes
interested during
his incumbency

Purchase for the purpose

of profiting through resale

Appointive officer
1. Justices, judges, or
fiscals
2. Those engaged in
the collection and
administration of
public funds

Article 216 -
Article 217 – Modes Lack of criminal
Malversation of 1. Appropriating public intent and good faith
Public Funds funds or property
2. Misappropriating
PRESUMPTION OF the same
MALVERSARTION 3. Consenting or
There is a through
presumption that abandonment or
the public officer put negligence,
public funds to permitting any other
personal use should person to take such
he be unable to 4. Guilty of
account upon misappropriation or
demand malversation of
such funds

Elements
1. Offender is a public
officer;
2. On which he had
the custody or
control of funds or
property by reason
of his public office
3. Those funds or
property were public
funds or property on
which he is
accountable
4. Appropriated, took,
misappropriated or
consented or
 through
abandonment or
negligence,
permitted another
person to take them.

Article 218 – Failure Elements

of accountable 1. Offender is a public
officer to render officer, whether in
accounts. the service or
separated
2. Must be an
accountable officer
for public funds or
property
3. Required by law or
regulation to render
accounts to the COA
or to a provincial
auditor
4. He fails to do so for
a period of two
months after such
accounts should be
rendered.

Malversation or
misappropriation is not
necessary
Article 219. Failure Elements
of a responsible 1. That the offender
officer to render must be an
accounts before accountable officer
leaving the country 2. Offender is a public
officer
3. Unlawfully left the
country without
securing a
certification from
the COA showing
that his accounts
have finally been
settled.

Act of leaving the country

must be unauthorized or
not permitted.
Article 220. Illegal  Fund is
use of public funds appropriated by law
or property or an ordinance.
(Technical  Applied the fund
Malversation. other than which such
fund or property has been
appropriated by law or
ordinance

TITLE VIII – CRIME AGAINST PERSONS

FELONY SALIENT POINTS APPRECIATION OF RELEVANT PENALTY

DEFENSES JURISPRUDENCE
Article 246 – Elements People vs. Subano – Reclusion Perpetua
Parricide 1. A person is killed Muslims with to Death
 2. Deceased is killed several wives can
Victim: legitimate / by the accused only be convicted
illegitimate father or 3. Deceased is the with parricide
mother accused’s should he kill the
a. Legitimate / first wife
Legitimate / illegitimate
illegitimate child (not father or mother
below 3 days old) b. Legitimate /
illegitimate
Legitimate child (Not below
ascendant or 3 days old)
descendant c. Legitimate
ascendant or
Legitimate spouse descendant
d. Legitimate
spouse
Article 247 – Death Elements Article 247 is a People vs. Gonzales
under exceptional 1. Legally married defense – There must be
circumstances person, a parent, It serves as a actual sexual
surprises his defense for those intercourse
spouse or his accused charged
daughter, the latter with parricide,
under 18 years of homicide or serious
age and living with physical injuries.
him in the act of
sexual intercourse
with another
person
2. Accused kills both
of them, or inflicts
serious physical
injury in the act or
 immediately
thereafter
3. Accused neither
promoted nor
facilitated the
prostitution of his
wife or daughter,
or that he or she
has not consented
to the infidelity of
the other spouse.
Article 248 – Murder Qualifying circumstances Reclusion Temporal
aggravating the crime to in its maximum
murder: period to Reclusion
1. If the killing is Perpetua
attended with
treachery.
2. In the killing is
done in
consideration of a
price, reward or
promise
3. Means of
inundation, fire,
poison, explosion,
shipwreck,
stranding of a
vessel, derailment
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. If the killing is
done in the
occasion of any of
the calamities
enumerated in the
preceding
paragraph, or of an
earthquake,
eruption of a
volcano,
destructive
cyclone, epidemic,
or any other public
calamity.
5. With evident
premeditation
6. With cruelty, by
deliberately and
inhumanly
augmenting the
suffering of the
victim, or
outraging or
scoffing at his
person or corpse.
Article 249 Homicide Reclusion temporal
Article 250 – Penalty PD No. 1110-A
for Frustrated and An attempt in the
attempted Homicide life of the Chief
or murder Executive, or any
member of his
family, or against
the life of any
member of his
cabinet or that of
any member of the
latter’s family shall
suffer the penalty of
death.
Article 251 – Death Victim need not to be one People vs. Corpus Prision Correcional
by tumultuous of the participants in its medium
affray there is no death in and maximum
a tumultuous affray period if the
Person who inflicted if the quarrel is one who
the violence or between two well- inflicted such
serious physical known groups. serious
injuries can be injuries
identified. cannot be
identified

Prision Mayor to the

person who
inflicted the
injury

Article 252 – Victim must be one of Arresto mayor if less

Physical injuries the participants serious and
inflicted in a the persons
tumultuous affray *Serious or less serious who inflicted
such cannot
 be identified

Penalty next lower in

degree than that
provided for the
physical injuries
inflicted
Article 253 – Giving In the case of Euthanasia
Assistance to 1. If with consent,
Suicide Covered with
Article 253;
2. If without consent,
crime is murder

Article 254 – There is no intent to kill.

Discharge of Otherwise, it can be
Firearms classified as attempted
parricide, murder or
homicide

Special complex crime of

discharge of firearms
with less serious or
serious physical injuries.
Article 255 –
Infanticide
Article 256 - ABORTION IS INTENDED
Intentional Abortion
Murder / physical
injuries complexed with
intentional abortion
Article 257 – ABORTION IS IS NOT
Unintentional INTENDED
Abortion
Murder/parricide /
physical injuries
complexed with
unintentional abortion

Article 266– Rape No crime of frustrated Section 6 – RA 8505

rape (Rape shield rule)

“Intent to lie” Its how many acts of

sexual intercourse
Force threat or took place.
intimidation
implies that there Attempted rape with
is resistance on the homicide (special
part of the victim. complex crime)
As there is
resistance, there Rape with homicide
was a need to
employ force, Conspirers are not
threat, or entitled to the
intimidation. benefits of article
266-c
Resistance required
 Article 266-B – Any People vs jumawan
physical overt act Marriage is not a
which manifests license to force non-
resistance against consensual sex to
the act of rape in partner.
any degree from
the offended party People vs. Ferrer
or when the No. of penetration
offended party is not no. of time of
put into a situation ejaculation.
where resistance or
consent is
incapable.

What is material here is

the lack of consent
on the part of the
women.

Fraudulent machinations
– employment of
deceit.

Grave abuse of
authoprity -moral
ascendancy over
the woman. Taking
advantage of
authority over
subordinates.

Special Complex crimes

 1. Attempted rape
with homicide
2. Rape with
homicide

TAKE NOTE OF 9165 – DESTRUCTION OF EVIDENCE in relation to bribery

Take note of the principle of complexing of crimes. (1 stab = 100 stabs).

Off hey

170723 March 3 2008 – Aguirre vs. Secretary of Justice

Title IX Crime against Personal Liberty and Security

Felony Salient Points Appreciation of Related law and Penalty

defenses jurisprudence
Article 267 – Distinction between Detention Penalty is Death
Kidnapping and arbitrary detention – (Reclusion Perpetua)
serious legal If the purpose of the There must be if:
Detention detention is not for actual confinement
the purpose of or restriction of the 1. If the purpose of
Intent: deprivation of answering a person of the the kidnapping or
liberty and the particular crime offended party (US detention is to
extortion of ransom. then he/she may be vs. Cabanog) extort ransom
held liable for the 2. Victim is killed or
 crime of kidnapping dies because of
the detention
Actual confinement 3. When the victim
or restriction of the is raped
person of the 4. When the victim
offended party is subjected to
torture or
Essence: Taking of dehumanizing
Physical Custody acts.
and bringing the
victim to another
place to deprive
him/her of personal
liberty.

Detention –
Imprisonment or
actual deprivation of
person’s liberty.

Fear.

4(b)
Offender
misrepresented
him/herself as a
public authority.
Article 268 -Slight Elements
illegal detention 1. Offender is a
private
individual
2. He kidnaps or
 detains
another, or in
any other
manner
deprives him
of his liberty
3. The act of
kidnapping or
detention is
illegal
4. The crime is
committed
without the
attendance of
any of the
circumstances
enumerated in
Article 267.

Same penalty is
incurred by anyone
who furnished the
place for the
perpetration of the
crime.
Article 269 – Elements
Unlawful arrest 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
Article 270 – Elements
Kidnapping and 1. Offender is
Failure to Return a entrusted with
Minor the custody of
a minor
2. He deliberately
fails to restore
the said minor
to his parents
or guardian
Article 271 – Elements:
Inducing a Minor to 1. A minor is
Abandon his Home living the
home of his
parents or
guardian or
the person
 entrusted with
his custody
2. Offender
induces said
minor to
abandon such
home.
Article 272 – Slavery
Article 273 –
Exploitation of Child
labor
Article 274 –
Services Rendered
Under Compulsion
in payment of debt
Article 275 – Mode 1 (W/o
Abandonment of detriment to oneself)
Persons in danger Failing to render
and Abandonment of assistance to any
Own Victim person whom
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.
Elements:
1. The place is
uninhabited
2. Accused found
there a person
wounded or in
danger of
dying
3. Accused can
render
assistance
without
detriment to
himself
4. Accused fails
to render
assistance

Mode 2: Accidentally
wound another

Accident – without
no intention nor
negligence.

Mode 3: abandoning
a child ages less
than seven (7) years
old

Immaterial:
knowledge of the
 accused on
pertaining to the age
of the child.

“..unsafe place”
- Place that may
tend to injure
the child.
Article 276 – Elements:
Abandoning a minor 1. Accused has
custody of the
In Relation to RA child
7610 2. The child is
under seven
(7) years of age
3. S/he abandon
such child
4. He has no
intent to kill
the child when
the latter is
abandoned

Should the child die,

can intent to kill be
presumed?
NO. Intent to kill is
only presumed on
crimes against
persons not crimes
against security.
Article 277 –
Abandonment of
Minor by Person
Entrusted With
Custody;
Indifference of
Parents
Article 278 –
Exploitation of
Minors.
Article 279 –
Additional Penalties
for other Offenses
Article 280 – Elements
Qualified Trespass 1. Offender is a
to Dwelling private person
2. He enters the
dwelling to
another
3. Such entrance
is against the
latter’s

If offender is a
public official; there
can be a crime of
violation of domicile
should the crime be
in relation to
performance of duty.
Article 281 – Other
Forms of Trespass
Article 282 – Grave Mental disturbance
threats is material to the
crime. Should there
be no mental
disturbance on the
side of the victim,
there can be no
crime of grave
threats.

GR 181626 – three
counts of grave
threats.
Article 283
Article 284
Article 285
Article 286
Article 287

(Unjust Vexation)
Article 288 – Other Baleros vs. Pp
Similar Coercions

Title X. Crime against Property

FELONY SALIENT POINTS APPRECIATION OF RELATED LAWS PENALTY

DEFENSES AND
JURISPRUDENCE
Article 293. Who are Elements (Robbery
guilty of Robbery in general)
1. That there is
personal property
 belonging to
another;
2. There is unlawful
taking of that
property;
3. That the taking is
with intent to
gain
4. There is violence
employed or
intimidation of
persons or force
upon things.

Personal property
not real property. If
subject of the crime
is a real property, it
might be usurpation
of real
rights/property.

Unlawful taking
when complete. (If
the offender gains
possession)

No frustrated stage
of robbery

Intent to gain is
presumed upon
 complete unlawful
taking.
Article 294. Robbery Par 1. Special
with Violence Complex Crime of
against or Robbery with
intimidation of Homicide -
Persons
Killing must have a
direct relation to
robbery (by reason
or in the occasion
of). Intent must be
to commit robbery.

Exceptions:
1. If one of the
principals
endeavored to
prevent the
killing

Par 2. Robbery with

rape, physical
injuries (insanity,
imbecility,
impotency,
blindness)
(intentional
mutilation), or arson

Par 3. Robbery with

 physical injuries

Par 4. When violence

is deemed
unnecessary in the
crime

Par 5.
SImplenecessary in
the crime

Par 5. Simple
Robbery

All principals who

participated in
robbery will be
likewise liable for
the other crimes as
complexed.

Article 295.
Qualifying
circumstances

Article 299. Robbery Entrance through

in an Inhabited openings not
House or Public intended for
Building or Edifice entrance.
Devoted to Worship
Offender must be
able to go inside.

*IF padlocks, crime

maybe theft.

Use of fictitious
name (Must be the
reason why the
victim opened the
door)

Taking is complete
when the thing is
taken out of the
place where the
victim intended it to
be.
Article 300. Robbery
in an uninhabited
place

Article 306. Who are Elements PD 532 . Robbery

Brigands 1. There be at through brigandage
least 4 armed on a Philippine
persons Highway.
 2. They formed a
band of
robbers
3. The purpose is
any of the
following:
a. To commit
robbery in
the
highway;
b. To kidnap
for the
purpose of
extortion or
to obtain
ransom;
c. To attain
by means
of force and
violence
any other
purpose.

Article 308. Theft Complete taking –

when the thing is
placed under the
control of the
offender in such a
manner that he can
dispose of it in
accordance with his
own will.
When taking is not
complete, crime is
only attempted theft.
– Desistance in the
attempted stage of
felony is an
absolutory cause.
However, once the
accused took full
possession of the
thing, desistance
won’t extinguish
criminal liability.

Value of the property

has relevance. (basis
of the penalty)

Juridical possession.
– misappropriates
the property
entrusted by the
owner and in the
possession of the
offender.

Material Possession

Finder-in-fact
Finder-in-law
 Grave abuse of Theft of motor
confidence – vehicle – crime is
deference to the carnapping (anti
trust and confidence carnapping law)

Theft of large cattle

(anti cattle rustling
law)

Theft of electricity
Theft of water – PD
401 (illegal water
connection)
Theft of gold from aa
mining camp – PD
581
Tapping into a
network without
authority – anti
cybercrime law

pd705

311
312
313
314
315 With unfaithfulness Syndicated estafa –
or abuse of committed by 5 or
confidence more persons
1. There was an
obligation to Estafa in relation to
 deliver; what section 6 of RA
was delivered 10175
was altered
2. To
misappropriat
e – offender
did an act of
disposing said
property as if
it was his
own. (There
should be a
demand to
return the
goods or pay
the value of
the goods that
were delivered)
By means of false
pretenses or
fraudulent acts

Estafa through
payment by check –
must be payment for
a simultaneous
obligation.
Otherwise, if it is for
a prior obligation, it
can be a crime of
violation of BP 22
Destructive Arson As the malscious PD 1613 – other
Article 320 – 326 burning of public cases of arason
(repealed by PD and private People vs Abayon –
1613) buildings. Residential property
is not a building

Section 1 & 3, PD
1613

If the property
burned consist of a
building, (Sec. 1)
In contrast to
Destructive arson, if
it is a place were
people would
congregate or come
another

Presumption
(Section 6 , pd 1613)
If the burning was
committed and any
of the
cirucumstances are
present
 Other cases of arson
(five houses case)
E

TITLE XI CRIMES AGAINST CHASTITY

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE XII. CRIMES AGAINST THE CIVIL STATUS OF PERSONS

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITILE XIII. CRIMES AGAINST HONOR

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE

TITLE XIV. QUASI-OFFENSES

FELONY SALIENT POINTS APPRECIATION OF RELEVEANT PENALTY

DEFENSES JURISPRUDENCE