Criminal Law 2 personal property

without violence
property of another without the
latter’s consent;
with intent to gain 2. Taking was with Intent to gain;
2nd Quiz Reviewer and
3. Taking was Without violence
against or intimidation of persons
Theft nor force upon things.

ARTICLE 308. Who are Liable for Theft. — Theft is committed by

“Without consent”
any person who, with intent to gain but without violence against ● Consent contemplated in this
or intimidation of persons nor force upon things, shall take element of theft refers to consent
personal property of another without the latter’s consent. freely given and not to one which
may only be inferred from mere
Theft is likewise committed by: lack of opposition
When Consummated
● Theft is complete from the
1. Any person who, having found lost property, shall fail to moment the offender had full
deliver the same to the local authorities or to its owner; possession of the thing, even if he
did not have an opportunity to
2. Any person who, after having maliciously damaged the dispose of the same. Accordingly,
property of another, shall remove or make use of the fruits there is no crime of frustrated theft
or object of the damage caused by him; and
Mode 2: found lost 1. Offender found Lost property;
property and fails to 2. Fails to deliver the same to the
3. Any person who shall enter an enclosed estate or a field deliver it to the local local authorities or to its owner.
where trespass is forbidden or which belongs to another authorities or to
and without the consent of its owner, shall hunt or fish owner The law does not require knowledge of
upon the same or shall gather fruits, cereals, or other forest the owner of the lost property.

or farm products.
"Lost property" embraces loss by stealing.
Modes Elements ● A finder who fails deliberately to
return the thing lost may be
Mode 1: taking of 1. Offender takes the Personal considered more blameworthy if
 the loss was by stealing than otherwise it is Qualified Theft.
through some other means

It is necessary to prove:
1. The Time of the seizure of the
Qualified Theft
thing;
2. That it was a lost property
ARTICLE 310. Qualified Theft. — The crime of theft shall be
Belonging to another; and
punished by the penalties next higher in degree than those
3. That the accused had the
Opportunity to return or deliver respectively specified in the next preceding article, if committed
the lost property to its owner or to by a domestic servant, or with grave abuse of confidence, or if the
the local authorities but refrained property stolen is large cattle or consists of coconuts, or fish
from doing so. taken from a fishpond or fishery.

Mode 3: maliciously 1. Offender maliciously damaged the Theft is Qualified if:

damaged the property of another
property of another 2. Removes or makes use of the 1. Committed by a Domestic servant; or
and removes or fruits or object of the damage 2. Committed with Grave abuse of confidence; or
makes use of the caused by them. Abuse of Confidence must be Grave.
fruits ● There must be an allegation that by reason of
dependence, guardianship or vigilance, between
Mode 4: enters an 1. Offender entered an Enclosed the accused and the offended party, that has
enclosed estate and estate or a field without the created a high degree of confidence between
shall hunt or fish consent of its owner; them, which the accused abused
upon the same or 2. Trespass is Forbidden or the ● Theft by a housemate is not always qualified.
shall gather enclosed estate or field belongs to Living together under the same roof engenders
products Another; and some confidence, but it is not necessarily grave.
3. Hunt or fish upon the same or 3. If the property stolen consists of:
gather fruits, cereals or other a. Motor vehicle
forest or farm products. b. Mail matter
c. Large Cattle
Note: Fishing should not be in the d. Coconuts taken from the premises of a plantation;
fishpond within the field or estate, or
 e. Fish taken from a fishpond or fishery; or Elements of Cattle Rustling
● Coconuts and Fish
○ When the coconuts or fish are stolen in 1. Taking away by any means, method or scheme; and
any other place (aside from the plantation 2. Of any Large Cattle, without the Consent of the
or fishpond), it is simple theft. owner/raiser
4. Property is taken on the occasion of fire, earthquake, ● It includes the killing of large cattle or taking its meat or
typhoon, volcanic eruption, or any other Calamity,
hide without the consent of the owner/raiser.
vehicular accident or civil disturbance.
● Presumption of Cattle Rustling.
● Receipt and Misappropriation of Teller ○ Failure to exhibit the required documents shall be
○ Bank Teller who received the money and prima facie evidence that the large cattle in his
appropriated the same for personal gain committed possession, control or custody are the fruits of the
theft and not estafa because the teller has no crime of cattle rustling.
juridical possession, only material, the theft is
qualified due to the confidence reposed on the teller
● Timber Smuggling or Illegal Cutting of Logs
○ Any person, whether natural or juridical, who Theft of electricity; illegal water, electric or
directly or indirectly cuts, gathers, removes, or telephone connections
smuggles timber, or other forest products, either
RA 7832
from any of the public forest, forest reserves and
other kinds of public forests, whether under license
Section 1. Short Title. - This Act shall be referred to as the
or lease, or from any privately owned forest lands in
"Anti-electricity and Electric Transmission Lines/Materials
violation of existing laws, rules and regulation shall
Pilferage Act of 1994."
be guilty of the crime of qualified theft.

Section 2. Illegal Use of Electricity. - It is hereby declared unlawful

for any person, whether natural or juridical, public or private, to:
Cattle Rustling
(a) Tap, make or cause to be made any connection with
Anti-Cattle Rustling Law of 1974 [PD 533]
overhead lines, service drops, or other electric service wires,
 without previous authority or consent of the private electric installation or any other place or site where it may be
utility or rural electric cooperative concerned; rightfully or lawfully stored, deposited, kept, stocked,
inventoried, situated or located, without the consent of the
(b) Tap, make or cause to be made any connection to the owner, whether or not the act is done for profit or gain;
existing electric service facilities of any duly registered
consumer without the latter's or the electric utility's consent (2) Take, carry away or remove or transfer, with or without
or authority; the use of a motor vehicle or other means of conveyance,
any electric power transmission line/material or meter from
(c) Tamper, install or use a tampered electrical meter, a tower, pole, any other installation or place of installation,
jumper, current reversing transformer, shorting or shunting or any place or site where it may be rightfully or lawfully
wire, loop connection or any other device which interferes stored, deposited, kept, stocked, inventoried, situated or
with the proper or accurate registry or metering of electric located without the consent of the owner, whether or not
current or otherwise results in its diversion in a manner the act is done for profit or gain;
whereby electricity is stolen or wasted;
(3) Store, possess or otherwise keep in his premises,
(d) Damage or destroy an electric meter, equipment, wire or custody or control, any electric power transmission
conduit or allow any of them to be so damaged or destroyed line/material or meter without the consent of the owner,
as to interfere with the proper or accurate metering of whether or not the act is done for profit or gain; and
electric current; and
(4) Load, carry, ship or move from one place to another,
(e) Knowingly use or receive the direct benefit of electric whether by land, air or sea, any electrical power
service obtained through any of the acts mentioned in transmission line/material, whether or not the act is done for
subsections (a), (b), (c), and (d) above. profit or gain, without first securing a clearance/permit for
the said purpose from its owner or the National Power
Section 3. Theft of Electric Power Transmission Lines and Materials. Corporation (NPC) or its regional office concerned, as the
- (a) It is hereby declared unlawful for any person to: case may be.
(1) Cut, saw, slice, separate, split, severe, smelt, or remove (b) For purposes of this section, "electrical power transmission
any electric power transmission line/material or meter from line/material" refers to electric power transmission steel towers,
a tower, pole, or any other installation or place of woodpoles, cables, wires, insulators, line hardwares, electrical
conductors and other related items with a minimum voltage of Discovery of any person in an area where he has no permit
sixty-nine kilovolts (69 kv), such as the following or registration papers for a fishing vessel shall constitute a prima
facie presumption that the person and/or vessel is engaged in
Section 4 of RA 7832 states: unauthorized fishing: Provided, That fishing for daily food
(a) The presence of any of the following circumstances shall sustenance or for leisure which is not for commercial, occupation or
constitute prima facie evidence of illegal use of electricity, as livelihood purposes may be allowed.
defined in this Act, by the person benefited thereby, and It shall be unlawful for any commercial fishing vessel to fish
shall be the basis for: (1) the immediate disconnection by in bays and in such other fishery management areas which may
the electric utility to such person after due notice, . . . hereinafter be declared as over-exploited.
xxx xxx xxx Any commercial fishing boat captain or the three (3) highest
(viii) . . . Provided, however, That the discovery of officers of the boat who commit any of the above prohibited acts
any of the foregoing circumstances, in order to upon conviction shall be punished by a fine equivalent to the value
constitute prima facie evidence, must be personally of catch or Ten thousand pesos (P10,000.00) whichever is higher,
witnessed and attested to by an officer of the law or and imprisonment of six (6) months, confiscation of catch and
a duly authorized representative of the Energy fishing gears, and automatic revocation of license.
Regulatory Board (ERB).” It shall be unlawful for any person not listed in the registry
of municipal fisherfolk to engage in any commercial fishing activity
in municipal waters. Any municipal fisherfolk who commits such
violation shall be punished by confiscation of catch and a fine of Five
Illegal fishing hundred pesos (500.00).

RA 8550

SECTION 86. Unauthorized Fishing or Engaging in Other

Unauthorized Fisheries Activities. — No person shall exploit,
Illegal logging
occupy, produce, breed, culture, capture or gather fish, fry or
fingerlings of any fishery species or fishery products, or engage in PRESIDENTIAL DECREE NO. 330
any fishery activity in Philippine waters without a license, lease or
permit.
PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF Bureau under regulations approved by the Secretary of
LOGS FROM PUBLIC FORESTS AND FOREST RESERVES AS Environment and Natural Resources.
QUALIFIED THEFT.

SECTION 1. Any person, whether natural or juridical, who directly or

indirectly cuts, gathers, removes, or smuggles timber, or other forest PD 1612/Anti-Fencing Law of
products, either from any of the public forest, forest reserves and
other kinds of public forests, whether under license or lease, or from
1979
any privately owned forest lands in violation of existing laws, rules Fencing
and regulation shall be guilty of the crime of qualified theft as ● Act of any person who, with intent to gain for himself or for
defined and penalized under Articles 308, 309 and 310 of the another, shall buy, receive, possess, keep, acquire, conceal,
Revised Penal Code; Provided, That if the offender is a corporation, sell or dispose of, or shall buy and sell, or in any other
firm, partnership or association, the penalty shall be imposed upon manner deal in any article, item, object or anything of value
the guilty officer or officers, as the case may be, of the corporation, which he knows, or should be known to him, to have been
firm, partnership or association, and if such guilty officer or officers derived from the proceeds of the crime of robbery or theft.
are aliens, in addition to the penalty herein prescribed, he or they [Sec. 2, PD 1612]
shall be deported without further proceedings on the part of the
Commissioned of Immigration and Deportation.
Elements of Fencing

1. A crime of robbery or theft has been committed;

2. The accused, who is not a principal or accomplice in the
PD No. 705
commission of the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells or
SECTION 68. Measuring of Forest Products and Invoicing and disposes, or buys and sells, or in any manner deals in any
Collection of Charges Thereon. – The duties incident to the article, item, object or anything of value, which has been
measuring of forest products shall be discharged by the Forest derived from the proceeds of the said crime
3. The accused knows or should have known that the said
Management Bureau under regulations of the Department of
article, item, object or anything of value has been derived
Environment and Natural Resources. The invoicing and collection of
from the proceeds of the crime of robbery or theft; and
the charges thereon shall be done by the Forest Management 4. There is, on the part of the accused, intent to gain for
himself or for another
 thereunder shall upon conviction be punished as a fence.
Fence [Sec. 6, PD 1612]
● Any person, firm, association corporation or partnership or
other organization who/which commits the act of fencing. Fencing v. Theft
[Sec. 2, PD 1612]
Liability of Officials of Juridical Persons.
● If the fence is a partnership, firm, corporation or association,
the president or the manager or any officer thereof who
knows or should have known the commission of the offense
shall be liable. [Sec. 4, PD 1612]
Presumption 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, PD
1612]

Clearance / Permit to Sell / Used Second Hand Articles.

● All stores, establishments or entities dealing in the buy and
sell of any good, article item, object of anything of value
obtained from an unlicensed dealer or supplier thereof, shall
before offering the same for sale to the public, secure the
necessary clearance or permit from the station commander
of the Integrated National Police in the town or city where
such store, establishment or entity is located. [Sec. 6, PD
1612]
● Any person who fails to secure the clearance or permit
required by this section or who violates any of the
provisions of the rules and regulations promulgated
Malicious Mischief Article 328. Special cases of malicious mischief. - Any person who
Article 327. Who are liable for malicious mischief. - Any person who shall cause damage to obstruct the performance of public functions,
shall deliberately cause the property of another any damage not or using any poisonous or corrosive substance; or spreading any
falling within the terms of the next preceding chapter shall be guilty infection or contagion among cattle; or who cause damage to the
of malicious mischief. property of the National Museum or National Library, or to any
● Malicious Mischief archive or registry, waterworks, road, promenade, or any other thing
○ Willful damaging of another's property for the sake used in common by the public, shall be punished:
of causing damage due to hate, revenge or other
evil motive 1. By prision correccional in its minimum and medium
periods, if the value of the damage caused exceeds 1,000
pesos;
Elements of Malicious Mischief

1. Offender deliberately caused Damage to the property of 2. By arresto mayor, if such value does not exceed the
another. abovementioned amount but it is over 200 pesos; and
2. Such act does Not constitute arson or other crimes
involving destruction.
3. By arresto menor, in such value does not exceed 200
3. Act of damaging another's property be committed merely
pesos.
for the Sake of damaging it.
a. Presupposes that the offender acted due to hate,
revenge or other evil motive Special cases of malicious mischief
i. Exception: It is malicious mischief even if
the act of damaging another's property 1. Causing damage to Obstruct the performance of public
was inspired by the mere pleasure of functions;
destroying
● No Malicious Mischief in the following cases: Mode 1 Sedition
○ 1. If there is no malice in causing the damage - the
As to Presence of a Public and Tumultuous Uprising
obligation to repair or pay for damages is only civil.
[Id.] Not present Present
○ 2. If there is intent to gain - crime committed is
Theft
 1. By arresto mayor in its medium and maximum periods, if
As to intention to Obstruct Public Functions
the value of the damage caused exceeds 1,000 pesos;
There is intent to obstruct public functions
2. By arresto mayor in its minimum and medium periods, if

2. Using any Poisonous or corrosive substance. such value is over 200 pesos but does not exceed 1,000
3. Spreading any infection or contagion among Cattle. pesos; and
4. Causing damage to the property of the National Museum
or National Library, or to any archive or registry, 3. By arresto menor or fine of not less than the value of the
waterworks, road, promenade, or any other thing used in damage caused and not more than 200 pesos, if the amount
common by the public.
involved does not exceed 200 pesos or cannot be estimated.

Mode 4 Theft
● Punished Act
As to the Property Involved ○ Mischiefs not included in Art. 328 and punished
according to the value of the damage caused.
Property belonging to the Property belonging to the
○ Note: But, if the amount involved cannot be
National Library or National National Library or National
Museum, or to any archive or Museum. estimated, the penalty of arresto menor or fine not
registry, road or any thing exceeding P200 is fixed by law
used in common by the
public.
Article 330. Damage and obstruction to means of communication. -
As to the acts committed The penalty of prision correccional in its medium and maximum
periods shall be imposed upon any person who shall damage any
Offender deliberately causes Offender unlawfully takes
railway, telegraph or telephone lines.
damage for the sake of property belonging to the
damaging them national library or National If the damage shall result in any derailment of cars, collision
Museum or other accident, the penalty of prision mayor shall be imposed,
without prejudice to the criminal liability of the offender for the
other consequences of his criminal act.
For the purpose of the provisions of the article, the electric
Article 329. Other mischiefs. - The mischiefs not included in the
wires, traction cables, signal system and other things pertaining to
next preceding article shall be punished:
railways, shall be deemed to constitute an integral part of a railway ○ 2. Any person who shall destroy or damage any
system. useful or ornamental Painting of a public nature.

● Punishable Act
○ Damaging any railway, telegraph or telephone line.
● Qualifying Circumstance Arson
○ Higher penalty shall be imposed if it shall result in
Art. 320. Destructive Arson. – The penalty of reclusion perpetua to
any derailment of cars, collision, or other accident.
death shall be imposed upon any person who shall burn:
○ Note: Derailment or collision of cars should not have
1. One (1) or more buildings or edifices, consequent to one
been purposely sought for by the offender but
single act of burning, or as a result of simultaneous
should have just resulted from damage to railway,
burnings, committed on several or different occasions.
telegraph or telephone lines.
● Telegraph or Telephone Lines
2. Any building of public or private ownership, devoted to
○ The telegraph or telephone lines must pertain to a
the public in general or where people usually gather or
railway system.
congregate for a definite purpose such as, but not limited to,
official governmental function or business, private
Article 331. Destroying or damaging statues, public monuments or
transaction, commerce, trade, workshop, meetings and
paintings. - Any person who shall destroy or damage statues or any
conferences, or merely incidental to a definite purpose such
other useful or ornamental public monument shall suffer the
as but not limited to hotels, motels, transient dwellings,
penalty of arresto mayor in its medium period to prision correccional
public conveyances or stops or terminals, regardless of
in its minimum period.
whether the offender had knowledge that there are persons
Any person who shall destroy or damage any useful or
in said building or edifice at the time it is set on fire and
ornamental painting of a public nature shall suffer the penalty of
regardless also of whether the building is actually inhabited
arresto menor or a fine not exceeding 200 pesos, or both such fine
or not.
and imprisonment, in the discretion of the court.
● Persons Liable: [SP]
3. Any train or locomotive, ship or vessel, airship or airplane,
○ 1. Any person who shall destroy or damages
devoted to transportation or conveyance, or for public use,
Statues or any other useful or ornamental public
entertainment or leisure.
monument; and
 4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of ● Acts of Arson (SDO)
public utilities. ○ Simple Arson
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of
Elements of Simple Arson
law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance. A person burns ir sets fire to:
a. Property of Another; or
Irrespective of the application of the above enumerated b. His Own property under circumstances which expose to
danger the life or property of another
qualifying circumstances, the penalty of reclusion perpetua to death
shall likewise be imposed when the arson is perpetrated or
committed by two (2) or more persons or by a group of persons, ○ Destructive Arson
regardless of whether their purpose is merely to burn or destroy the ■ Burning of:
building or the burning merely constitutes an overt act in the ● 1 or more buildings or edifices,
commission or another violation of law. consequent to one single act of
burning, or as a result of
The penalty of reclusion perpetua to death shall also be simultaneous burnings, committed
imposed upon any person who shall burn: on several or different occasions.
● Any building of public or private
1. Any arsenal, shipyard, storehouse or military powder or ownership, devoted to the Public in
fireworks factory, ordnance, storehouse, archives or general general or where people usually
museum of the Government. gather or congregate for a definite
purpose (e.g., for official
2. In an inhabited place, any storehouse or factory of governmental function or business,
inflammable or explosive materials. private transaction, commerce,
trade, workshop, meetings and
If as a consequence of the commission of any of the acts conferences), or merely incidental to
penalized under this Article, death results, the mandatory penalty of a definite purpose (e.g., hotels,
death shall be imposed. motels, transient dwellings, public
 conveyances or stops or terminals), by a group of persons, regardless of
regardless of: whether their purpose is merely to
○ Whether the offender had burn or destroy the building or the
knowledge that there are burning merely constitutes an overt
persons in said building or act in the commission or another
edifice at the time it is set violation of law.
on fire; or ● Burning of: [AI]
○ Whether the building is ○ Any Arsenal, shipyard,
actually inhabited. storehouse or military
● Any train or locomotive, ship or powder or fireworks factory,
vessel, airship or airplane, devoted ordinance, storehouse,
to Transportation or conveyance, or archives or general museum
for public use, entertainment or of the Government.
leisure. ○ Inhabited place, storehouse
● Any building, factory, Warehouse or factory of inflammable or
installation and any appurtenances explosive materials.
thereto, which are devoted to the ○ Other cases of Arson
service of public utilities. ■ Burning of any:
● Any building the burning of which is ■ Building used as Offices of the government
for the purpose of concealing or or any of its agencies;
destroying Evidence of another ■ Inhabited house or dwelling;
violation of law, or for the purpose ■ Industrial establishment, shipyard, oil well
of concealing bankruptcy or or mine shaft, platform or tunnel;
defrauding creditors or to collect ■ Plantation, farm, pastureland, growing crop,
from insurance. grain field, orchard, bamboo grove or forest;
■ Additional Acts considered as Destructive ■ Rice, sugar or cane Mill, or mill central; and
Arson ■ Railway or bus station, airport, wharf or
● When arson is perpetrated or warehouse.
committed by 2 or more persons or ● Special Aggravating Circumstance: [HIBS]
 ○ 1. Offender is motivated by spite or Hatred towards for the desistance of the offender or for the safety of
the owner or occupant of the property burned; the person or property of the victim.
○ 2. Committed with Intent to gain; ○ 7. If during the lifetime of the corresponding fire
○ 3. Committed for the Benefit of another; and insurance policy more than 2 fires have occurred in
○ 4. Committed by a Syndicate. [Sec. 4, PD 1613] the same or other premises owned or under the
● Prima Facie Evidence of Arson: [FISWiD2] control of the offender and/or insured.
○ 1. If gasoline, kerosene, petroleum or other
○ Flammable or combustible substances or materials
Stages of Arson: [AFC]
soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic 1. Attempted Arson – Offender commences the commission
contrivance designed to start a fire, or ashes or of the felony directly by overt acts but does not perform
traces of any of the foregoing are found in the ruins all the acts of execution which should produce the felony
by reason of some cause or accident other than his own
or premises of the burned building or property.
spontaneous desistance, e.g. due to the timely
○ 2. If the building or property is Insured for intervention of another who chases away the offender.
substantially more than its actual value at the time [Article 6, Revised Penal Code]
of the issuance of the policy. a. Illustration: Placing the rags soaked in gasoline
○ 3. If a substantial amount of Flammable substances beside the wooden wall of the building and
or materials are Stored within the building note lighting a match but does not continue to the
setting of fire to the rag due to some cause or
necessary in the business of the offender nor for
accident other than his own spontaneous
household use.
desistance.
○ 4. If the fire started Simultaneously in more than 2. Frustrated Arson
one part of the building or establishment. a. Illustration: Person is able to light or set fire to
○ 5. If shortly before the fire, a substantial portion of the rags but the fire was put out before any part
the effects insured and stored in a building or of the building was burned [US vs. Valdez, G.R.
property had been Withdrawn from the premises No. L- 14128, (1918)].
b. Note: It is argued that there is no such thing as
except in the ordinary course of business.
Frustrated Arson [Boado], as illustrated in the
○ 6. If a Demand for Money or other valuable
case of People vs. Gutierrez [G.R. No. 100699,
consideration was made before the fire in exchange (1996)], wherein the court ruled that even if a
building is not completely gutted by fire, the
 ○ A person who commits an act punishable as Arson
crime is still consummated arson, it is enough
that a portion of it is destroyed. under P.D. 1613, thereby sowing and creating a
3. Consummated Arson – All acts necessary to produce condition of widespread and extraordinary fear and
combustion are present in the thing to be burnt [People v. panic among the populace in order to coerce the
Hernandez, G.R. No. 31770, (1929)]. government to give in to an unlawful demand, shall
a. Note: Extent of damage is immaterial, as long as be guilty of the crime of terrorism. [Sec. 3, PD 9372]
a portion of it is burnt. [Id.]
b. Illustration: Before the fire was put out, it had
burned a part of the building, it is consummated.
● Cases where Both Death and Burning Occur
In cases where both burning and death occur, in
order to determine what crime/crimes was/were perpetrated
whether arson, murder or arson and homicide/murder, it is
de rigueur to ascertain the main objective of the malefactor:
○ 1. If the main objective is the burning of the building
or edifice, but death results by reason or on the
occasion of arson, the crime is simply arson, and
resulting homicide is absorbed;
○ 2. If the main objective is to kill a particular person
who may be in a building or edifice and fire is
resorted to as the means to accomplish such goal
the crime committed is murder only; and
○ 3. If the objective is to kill a particular person, and in
fact the offender has already done so, but fire is
resorted to as a means to cover up the killing, then
there are two separate and distinct crimes
committed: homicide/murder and arson [People v.
Malngan, G.R. No. 170470 (2006)].
● Arson under PD 1613, as Terrorism
Swindling and Other Deceits 4th. By arresto mayor in its medium and maximum
periods, if such amount does not exceed 200 pesos,
Estafa provided that in the four cases mentioned, the fraud be
committed by any of the following means
ARTICLE 315. Swindling (Estafa). — Any person who shall
defraud another by any of the means mentioned hereinbelow
With unfaithfulness or abuse of confidence, namely:
shall be punished by:
1. By altering the substance, quantity, or quality
of anything of value which the offender shall
1st. The penalty of prisión correccional in its maximum
deliver by virtue of an obligation to do so, even
period to prisión mayor in its minimum period, if the
though such obligation be based on an
amount of the fraud is over 12,000 pesos but does not
immoral or illegal consideration.
exceed 22,000 pesos, and if such amount exceeds the
2. By misappropriating or converting, to the
latter sum, the penalty provided in this paragraph shall
prejudice of another, money, goods, or any
be imposed in its maximum period, adding one year for
other personal property received by the
each additional 10,000 pesos; but the total penalty which
offender in trust or on commission, or for
may be imposed shall not exceed twenty years. In such
administration, or under any other obligation
cases, and in connection with the accessory penalties
involving the duty to make delivery of or to
which may be imposed and for the purpose of the other
return the same, even though such obligation
provisions of this Code, the penalty shall be termed
be totally or partially guaranteed by a bond; or
prisión mayor or reclusión temporal, as the case may be.
by denying having received such money, goods,
or other property.
2nd. The penalty of prisión correccional in its minimum
3. By taking undue advantage of the signature of
and medium periods, if the amount of the fraud is over
the offended party in blank, and by writing any
6,000 pesos but does not exceed 12,000 pesos
document above such signature in blank, to the
prejudice of the offended party or any third
3rd. The penalty of arresto mayor in its maximum period
person.
to prisión correccional in its minimum period, if such
amount is over 200 pesos but does not exceed 6,000
pesos; and Elements of Estafa in General
 1. Accused Defrauded another: b. Quality; or
a. by abuse of Confidence, or c. Quantity; and
b. by means of Deceit; and 2. There must be an agreement as to
2. Damage or prejudice capable of pecuniary estimation is quality – When there is no agreement
caused to the offended party or third person. as to the quality of the thing to be
a. May consist of: delivered, the delivery of the thing not
i. Offended party being deprived of his acceptable to the complainant is not
Money or property as a result of estafa
defraudation;
ii. Disturbance in Property rights; or B. Estafa with Elements:
iii. Temporary Prejudice Abuse of 1. Money, goods, or other personal
Confidence property was Received by the
offender:
a. In Trust, or
Modes Definition b. On Commission, or
c. For Administration; or
Mode 1: Estafa with Unfaithfulness or Abuse of Confidence d. Under any Other obligation
involving the duty to make
A. Estafa with Elements: delivery of, or to return the
Unfaithfulness 1. Offender has an Onerous obligation to same;
deliver something of value; 2. That there be:
2. He Alters its substance, quantity, or a. Misappropriation; or
quality; and b. Conversion of such money or
3. Damage or prejudice is caused to property by the offender; or
another. c. Denial on his part of such
receipt;
Rules: 3. Such misappropriation or conversion or
1. There must be an existing obligation to denial is to the Prejudice of another;
deliver something of value, and the and
offender in making the delivery has 4. That there is a demand made by the
altered the following of the thing offended party to the offender.
delivered. [Art. 315 (1)(a)]
a. Substance; or Demand Not Required by law but serves as
 circumstantial evidence There is no estafa when the money or other
● The law does not require a demand as personal property received by the accused is
a condition precedent to the existence not to be used for a particular purpose or to be
of the crime of embezzlement. It so returned
happens only that failure to account,
upon demand for funds or Theft/ Robbery Estafa

Thing to be delivered or returned must be the As to acquisition of property

very object received
Offender takes the Offender receives
Conversion Misappropriation thing without the the thing from the
Act of using or Act of taking owner’s consent offended party with
disposing of another's something for one’s the obligation to
property as if it were own benefit deliver or return the
one's own or devoting it same.
to a purpose or use
As to the Nature of Possession
different from that
agreed upon. Material and Physical Juridical possession
Possession
Nature of Juridical Possession Material
only
Possession Possession which gives Possession
the transferee a right Actual Possession
over the thing which the of Personal C. Estafa by Elements:
transferee may set up Property, where the Taking Undue 1. There is a Blank paper with the
even against the owner possessor cannot Advantage of signature of the offended party;
claim a better right the Signature in 2. Offended party should have Delivered
to such property Blank it to the offender;
than its owner. 3. Document is Written by the offender,
above the signature of the offended
In Estafa: Offender must have acquired both
party, without authority to do so; and
material or physical possession and juridical
4. Document so written creates a liability
possession of the thing received
of, or causes Damage to, the offended
party or any third person.
 Estafa by Means of Deceit simultaneously with the delivery of the thing. It
Elements: being essential that such false statement or
1. There must be a False pretense, fraudulent act or fraudulent representation constitutes the very
fraudulent means; cause or the only motive which induces the
2. Such false pretense, fraudulent act or fraudulent means complainant to part with the thing. [id.] This is
must be made or executed Prior to or simultaneously with as opposed to Estafa with Abuse of
the commission of the fraud. Confidence, wherein Deceit is not an
3. Offended party Relied on the false pretense, fraudulent indispensable requisite
act, or fraudulent means and by reason thereof, was
Induced to part with his money or property. Use of Fictitious Name
4. As a result, the offended party suffered Damage. ● There is use of fictitious name when a
person uses a name other than his real
Based on the elements, there is no requirement under this name
provision – as opposed to Estafa with Abuse of Confidence under
par. 1 – for an established relationship of confidence. The pretense must be false
● There must be evidence that the
A. Estafa by Ways of Committing Estafa: pretense of the accused that he
Using a 1. By using fictitious Name; possesses power, influence, etc., is
Fictitious 2. By falsely Pretending to possess: false
Name, False [QPI-PAC-BI]
Pretenses a. Qualifications, B. Estafa by
and Other b. Power, Altering the
Deceits c. Influence, Quality,
d. Property, Fineness or
e. Agency, Weight of
f. Credit, anything
g. Business or pertaining
h. Imaginary transactions; or to his art or
3. By means of Other similar deceits. business

Element of deceit is indispensable, consisting C. Estafa by Offender may still be liable for defamation
in the false statement or fraudulent Pretending which the government employee allegedly
representation was made prior to, or to have bribed may deem proper to bring against the
 bribed any offender. should be the efficient cause of the
Government defraudation. As such, it should be
Employee If the crime is consummated - crime is given either prior to, or simultaneously
corruption of a public officer with, the act of fraud.
○ Thus, when a check was
Estafa by Means of Fraudulent Acts issued in payment of a debt
● The acts must be fraudulent; contracted prior to such
characterized by, or founded on, deceit, issuance, there is no estafa,
trick or cheat. even if there is no fund in the
bank to cover the amount of
D. Estafa by Elements: the check
Postdating 1. Offender postdated a check, or issued
a Check or a check in payment of an Obligation; Prima Facie Evidence of Deceit
Issuing a and ● There is prima facie evidence of deceit
Check in 2. Such postdating or issuing a check was when the drawer fails to pay 3 days
Payment of done when the offender had no Funds after receiving notice of dishonor
an in the bank, or his funds deposited
Obligation therein were not sufficient to over the Stoppage of a Payment of a Check
amount of the check. ● If checks were issued by defendant
and he received money for them and
Check issued must be Genuine stopped payment and did not return
● If the check is falsified and the same is the money and if at the time the check
cashed with the bank, or exchanged was issued, he had the intention of
for cash, the crime committed is estafa stopping payment, he is guilty of
through falsification of a commercial estafa
document.
Continuing Offense
The Post-Dating or Issuance of the Check Must ● Estafa by issuance of a bad check is
be the Efficient Cause continuing offense.
● The check should not be postdated or
issued in payment of pre-existing E. Estafa by Punishable Acts: [FCA]
obligation. To constitute estafa, the Obtaining 1. By obtaining Food, refreshment or
post-dating or issuance of the check Food or accommodation at a hotel, inn,
 Accommod restaurant, boarding house, lodging crime is falsification
ation at a house or apartment house without
Hotel, etc. paying therefor, with intent to defraud Estafa by Resorting
the proprietor or manager thereof; to Some Fraudulent
2. By obtaining Credit at any of said Practice to Ensure
establishments by the use of any false Success in
pretense; or Gambling
3. By Abandoning or surreptitiously
removing any part of his baggage from Estafa by Removing, Elements:
any of said establishments after Concealing or 1. There are Court records, office
obtaining credit, food, refreshment or Destroying Court files, documents or any other
accommodation therein, without Records, Office papers.
paying therefor. Files, and other 2. Offender Removed, concealed or
Documents destroyed any of them.
3. Offender had intent to Defraud
another.
Mode 3: Estafa through Fraudulent Means

Estafa by inducing Elements: Note: If there is no intent to defraud, the

another to sign any 1. Offender Induced the offended act of destroying a court record will be
document party to sign a document. malicious mischief.
2. Deceit was employed to make him
Sign the document.
3. Offended party Personally signed
the document. Trust Receipts
4. Prejudice was caused.
PRESIDENTIAL DECREE No. 115
Note: If the offended party is willing and
ready from the beginning to sign the PROVIDING FOR THE REGULATION OF TRUST RECEIPTS
document and there is deceit as to the TRANSACTIONS
character or contents of the document,
because the contents are different from
Section 1. Short Title. This Decree shall be known as the Trust
those which the offended party told the
Receipts Law.
accused to state in the document, the
Section 4. What constitutes a trust receipt transaction. A trust the penalty provided for in this Decree shall be imposed upon the
receipt transaction, within the meaning of this Decree, is any directors, officers, employees or other officials or persons therein
transaction by and between a person referred to in this Decree as responsible for the offense, without prejudice to the civil liabilities
the entruster, and another person referred to in this Decree as arising from the criminal offense.
entrustee, whereby the entruster, who owns or holds absolute title
or security interests over certain specified goods, documents or
Bouncing Checks
instruments, releases the same to the possession of the entrustee
upon the latter’s execution and delivery to the entruster of a signed
document called a “trust receipt” wherein the entrustee binds Anti-Bouncing Checks Law/BP 22
himself to hold the designated goods, documents or instruments in Section 1. Checks without sufficient funds. - Any person who
trust for the entruster and to sell or otherwise dispose of the goods, makes or draws and issues any check to apply on account or for
documents or instruments with the obligation to turn over to the value, knowing at the time of issue that he does not have
entruster the proceeds thereof to the extent of the amount owing to sufficient funds in or credit with the drawee bank for the payment
the entruster or as appears in the trust receipt or the goods, of such check in full upon its presentment, which check is
documents or instruments themselves if they are unsold or not subsequently dishonored by the drawee bank for insufficiency of
otherwise disposed of, in accordance with the terms and conditions funds or credit or would have been dishonored for the same
specified in the trust receipt, reason had not the drawer, without any valid reason, ordered the
bank to stop payment, shall be punished by imprisonment of not
Section 13. Penalty clause. The failure of an entrustee to turn over less than thirty days but not more than one (1) year or by a fine
the proceeds of the sale of the goods, documents or instruments of not less than but not more than double the amount of the
covered by a trust receipt to the extent of the amount owing to the check which fine shall in no case exceed Two Hundred Thousand
entruster or as appears in the trust receipt or to return said goods, Pesos, or both such fine and imprisonment at the discretion of the
documents or instruments if they were not sold or disposed of in court.
accordance with the terms of the trust receipt shall constitute the
crime of estafa, punishable under the provisions of Article Three The same penalty shall be imposed upon any person who,
hundred and fifteen, paragraph one (b) of Act Numbered Three having sufficient funds in or credit with the drawee bank when he
thousand eight hundred and fifteen, as amended, otherwise known makes or draws and issues a check, shall fail to keep sufficient
as the Revised Penal Code. If the violation or offense is committed funds or to maintain a credit to cover the full amount of the check
by a corporation, partnership, association or other juridical entities, if presented within a period of ninety (90) days from the date
appearing thereon, for which reason it is dishonored by the
account or for value
drawee bank. 2. Knowledge of the maker, drawer, or issuer that at the
time of issue he does not have sufficient funds in or credit
Where the check is drawn by a corporation, company or with the drawee bank for the payment of the check in full
entity, the person or persons who actually signed the check in upon its presentment; and
behalf of such drawer shall be liable under this Act. 3. Subsequent dishonor of the check by the drawee bank for
insufficiency of funds or creditor dishonor for the same
reason had not the drawer, without any valid cause,
● BP 22 may be violated in two ways:
ordered the bank to stop payment.
○ By making or drawing and issuing any check to
apply on account or for value, knowing at the time
of issue that he does not have sufficient funds in or
credit with the drawee bank for the payment of such Elements of the offense under 2nd paragraph of Section 1
check in full upon its presentment, which check is
1. Making or drawing and issuing a check having sufficient
subsequently dishonored by the drawee bank for
funds in or credit with the drawee bank
insufficiency of funds or credit or would have been 2. Failure to keep sufficient funds or to maintain a credit to
dishonored for the same reason had not the drawer, cover the full amount of the check if presented within a
without any valid reason, ordered the bank to stop period of ninety (90) days from the date appearing
payment. thereon
○ Having sufficient funds in or credit with the drawee 3. That the check is dishonored by the drawee bank.
bank when he makes or draws and issues a check, ● Gravamen: the issuance of the check, not the nonpayment of
by failing to keep sufficient funds or to maintain a the obligation
credit to cover the full amount of the check if ● Evidence of knowledge of insufficient funds [Sec. 2, BP Blg.
presented within a period of ninety (90) days from 22]
the date appearing thereon, for which reason it is ○ General Rule: The making, drawing and issuance of
dishonored by the drawee bank. a check payment of which is refused by the drawee
because of insufficient funds in or credit with such
bank, when presented within ninety (90) days from
Elements of the offense under 1st paragraph of Section 1
the date of the check, shall be prima facie evidence
1. Making, drawing, and issuance of any check to apply for
 of knowledge of such insufficiency of funds or
Punishable Acts
credit.
○ Exception: Unless maker or drawer pays the holder 1. Defrauding or damaging another by any other deceit Not
thereof the amount due thereon, or makes mentioned in the preceding articles.
arrangements for payment in full by the drawee of 2. Interpreting dreams, by making forecasts, by telling
fortunes, or by taking advantage of the Credulity of the
such check within (5) banking days after receiving
public in any other similar manner, for profit or gain
notice that such check has not been paid by the
drawee.
● The check may be made or drawn and issued to apply on For one to be liable for "other deceits" under the law, it is
account or for value. required that the prosecution must prove the following
○ On account: partial payment for an amount owed essential elements:
○ For value: any consideration, remuneration or
1. false pretense, fraudulent act or pretense other than
benefit of any kind, whether received directly or those in the preceding articles;
indirectly 2. such false pretense, fraudulent act or pretense must be
● "Knowing at the time of issue that he does not have made or executed prior to or simultaneously with the
sufficient funds in or credit with the drawee bank." commission of the fraud; and
3. as a result, the offended party suffered damage or
prejudice

Other Deceits
Swindling by Syndicate
Article 318. Other deceits. - The penalty of arresto mayor and a fine
of not less than the amount of the damage caused and not more
than twice such amount shall be imposed upon any person who PD 1689
shall defraud or damage another by any other deceit not mentioned
in the preceding articles of this chapter. INCREASING THE PENALTY FOR CERTAIN FORMS OF
Any person who, for profit or gain, shall interpret dreams, SWINDLING OR ESTAFA
make forecasts, tell fortunes, or take advantage of the credulity of
the public in any other similar manner, shall suffer the penalty of Section 1. Any person or persons who shall commit estafa or other
arresto mayor or a fine not exceeding 200 pesos. forms of swindling as defined in Article 315 and 316 of the Revised
Penal Code, as amended, shall be punished by life imprisonment to
death if the swindling (estafa) is committed by a syndicate
consisting of five or more persons formed with the intention of
carrying out the unlawful or illegal act, transaction, enterprise or
scheme, and the defraudation results in the misappropriation of
money contributed by stockholders, or members of rural banks,
cooperative, “samahang nayon(s)”, or farmers association, or of
funds solicited by corporations/associations from the general public.

When not committed by a syndicate as above defined, the penalty

imposable shall be reclusion temporal to reclusion perpetua if the
amount of the fraud exceeds 100,000 pesos.
Crimes against Honor Differences Libel Seditious Libel

As to acts Committed by Committed by

Libel committed means of writing, writing, publishing,
printing, or circulating
Art. 353. Definition of Libel – A libel is a public and malicious lithography, scurrilous libels5
imputation of a crime, or of a vice or defect, real or imaginary, or engraving, radio,
any act, omission, condition, status, or circumstance tending to phonograph,
painting or
cause the dishonor, discredit, or contempt of a natural or juridical
theatrical or
person, or to blacken the memory of one who is dead.
cinematographic
● Defamation: injuring a person's character, fame or exhibition, or any
reputation through false and malicious statements; includes similar means
libel and slander
○ invasion of a relational interest since it involves the As to the offended Any person/s Government or any
party of its duly
opinion which others in the community may have, or
constituted
tend to have, of the plaintiff. authorities
Libel Slander
As to the effect Injures the person's Disturbs public
committed by means of Oral defamation character, fame or peace.
writing, printing, reputation through
lithography, engraving, false and malicious
radio, phonograph, statements
painting or theatrical or
cinematographic ● Reason why defamation is punished.
exhibition, or any
○ The enjoyment of a private reputation is as much a
similar means
constitutional right as the possession of life, liberty
● Seditious libel: punished under Art. 142 and not under this or property. It is one of those rights necessary to
chapter human society that underlie the whole scheme of
○ Writing smth calling the government crooks, civilization. The law recognizes the value of such
dishonest people etc. reputation and imposes upon him who attacks it, by
 slanderous words or libelous publications, the
3. That it must be malicious.
liability to make full compensation for the damages
done.
Differences Malice in fact Malice in law
Elements of Defamation
As to proof Proof of malice Proof of malice
1. That there must be an imputation of a crime, or of a vice required or ill will must is not required,
or defect, real or imaginary, or any act, omission, status or be proved. Thus, because it is
circumstance. it may be shown presumed to
a. Imputation covers: by proof of ill exist from the
i. Crime allegedly committed by offended will, hatred or defamatory
party; purpose to imputation.
ii. Vice or defect, real or imaginary of injure.
offended party; or
iii. Any Act, omission, condition, status of, or Presumption Malice is not Presumed from
circumstance relating to the offended presumed since, a defamatory
party. it is a positive imputation.
b. Imputation of criminal intention is not libelous. desire or an
i. Intent to commit a crime is not a violation intention to Exception:
of the law. This is more so, when it is a annoy or endure. When
mere assertion or expression of opinion communication
as to what will be the future conduct of is privileged,
another malice is not
2. That imputation must be made publicly. presumed.
a. Publication
i. Communication of the defamatory matter As to Proof of When malice in Upon proof of
to some third person or persons Good Intention fact is present, good
b. Sending a Letter is Sufficient Publication General and Justifiable justifiable intention
Rule: Writing a letter to another person other Motive motive cannot Justifiable
than the person defamed is sufficient to exist, and the motive, even if
constitute publication imputations the
i. Exception: Sending a letter in a sealed become publication is
envelope through a messenger, is not actionable. injurious, the
publication presumption of
 malice
disappears. Dishonor Discredit Contempt

Disgrace, shame Loss of credit or State of being

4. That the imputation must be directed to a natural or
or ignominy reputation, despised
juridical person, or one who is dead.
disesteem
a. Identification of Offended Party Required
i. In order to maintain a libel suit, it is a. Construction of words
essential that the victim be identifiable, i. Meaning of the writer is immaterial; what is taken
although it is not necessary that he be into consideration is the meaning that the words
named conveyed on the minds of persons of reasonable
b. When defamatory Statements are addressed to a understanding, discretion and candor, taking into
Number of People consideration the surrounding circumstances
i. General Rule: Defamatory remarks which were known to the hearer or reader
directed at a group of persons is not ii. Words are to be construed in their entirety and
actionable. taken in their plain, natural and ordinary meaning,
ii. Exceptions: as they would naturally be understood by
1. Statements are sweeping or all- persons reading them, unless it appears that they
embracing as to apply to every were used and understood in another sense
individual in that group or class.
[id.];
Article 354. Requirement for publicity. - Every defamatory
2. Sufficiently specific so that each
imputation is presumed to be malicious, even if it be true, if no good
victim is identifiable
3. If the utterance is made against a intention and justifiable motive for making it is shown, except in the
number of people, designated by following cases:
their common surname, not 1. A private communication made by any person to another
separately mentioned, then there in the performance of any legal, moral or social duty; and
is only one offense
4. Imputation tends to cause
2. A fair and true report, made in good faith, without any
Dishonor, Discredit or Contempt
comments or remarks, of any judicial, legislative or other
of the person defamed.
5. That the imputation must tend to cause the dishonor, official proceedings which are not of confidential nature, or
discredit or contempt of the person defamed. of any statement, report or speech delivered in said
 proceedings, or of any other act performed by public officers ● Libel is Committed by Means of: (all have a common
in the exercise of their functions. characteristic of being permanent in nature as a means of
publication)
● Presumption of Malice ○ 1. Writing;
○ General Rule: Every defamatory imputation is ○ 2. Engraving;
presumed to be malicious, even if it be true, if no ○ 3. Theatrical exhibition
good intention and justifiable motive for making it is ○ 4. Cinematographic exhibition;
shown. ○ 5. Any similar means;
● Rebuttal of Presumption ○ 6. Printing;
○ Presumption of malice may be rebutted, if it is ○ 7. Phonograph;
shown by the accused that: ○ 8. Painting;
■ 1. Defamatory imputation is True, in case ○ 9. Lithography; or
the law allows proof of the truth of the ○ 10. Radio
imputation; ● Libelous Remarks in the Heat of Passion; Considered Threat
■ 2. It is published with good Intention; and not Libel
■ 3. There is a Justifiable motive for making it. ○ In such case, the offense committed is clearly and
○ Exception: Malice is not presumed in privileged principally that of threats; the statements
communications. derogatory to a person named do not constitute an
independent crime of libel
Article 355. Libel means by writings or similar means. - A libel ○
committed by means of writing, printing, lithography, engraving, Article 356. Threatening to publish and offer to present such
radio, phonograph, painting, theatrical exhibition, cinematographic publication for a compensation. - The penalty of arresto mayor or a
exhibition, or any similar means, shall be punished by prision fine from 200 to 2,000 pesos, or both, shall be imposed upon any
correccional in its minimum and medium periods or a fine ranging person who threatens another to publish a libel concerning him or
from 200 to 6,000 pesos, or both, in addition to the civil action the parents, spouse, child, or other members of the family of the
which may be brought by the offended party. latter or upon anyone who shall offer to prevent the publication of
such libel for a compensation or money consideration.

● Punishable Acts:
 ○ 1. Threatening another to publish a libel concerning reporter, editor or manager or a newspaper, daily or magazine, who
him, or his parents, spouse, child, or other members shall publish facts connected with the private life of another and
of his family. offensive to the honor, virtue and reputation of said person, even
○ 2. Offering to Prevent the publication of such libel though said publication be made in connection with or under the
for compensation, or money consideration. pretext that it is necessary in the narration of any judicial or
● Blackmail administrative proceedings wherein such facts have been
○ May be defined as any unlawful extortion of money mentioned.
by threats of accusation or exposure. Two words are
expressive of the crime —hush money.
Elements of prohibited publication of acts referred to in the
● Felonies Wherein Blackmail is Possible: course of official proceedings
○ 1. Light threats.
○ 2. Threatening to publish, or offering to prevent the 1. Offender is a:
publication of, a libel for compensation. a. Reporter;
b. Editor; or
Differences Light Threats Threatening to c. Manager of a newspaper daily or magazine.
Publish or Prevent 2. He publishes facts connected with the Private life of
Publication another; and
3. Such facts are Offensive to the honor, virtue and
As to the Act Offender threatens 1. Threatens another reputation of said person.
Committed another to commit an to publish a libel; or
act which does not 2. Offering to prevent Note: Prohibition applies even if such publication is made in
amount to a crime a publication of a libel connection with or under the pretext that it is necessary in the
narration of any judicial or administrative or judicial proceeding.
As to Demand Demand for money or Demanding money or
for Money imposition of any asking for monetary ● Art. 357 constitutes the so-called "Gag Law."
condition is an compensation is ○ Newspaper reports on cases pertaining to adultery,
essential element essential in Mode 2 divorce, issues about the legitimacy of children, etc.,
(Offer to Prevent). will necessarily be barred from publication.
● Revelation of Source of News
Article 357. Prohibited publication of acts referred to in the course ○ General Rule: The publisher, editor, columnist or
of official proceedings. - The penalty of arresto mayor or a fine of duly accredited reporter of any newspaper,
from 20 to 2,000 pesos, or both, shall be imposed upon any magazine or periodical of general circulation cannot
 be compelled to reveal the source of any news ○ 3. Circumstances surrounding the case; and
report or information appearing in said publication ○ 4. Social Standing and position of the offending
○ Exception: When the court or a House or committee party
of Congress finds that such revelation is demanded ● “Putang ina mo” is a common expression
by the security of the State. ○ The words, "Agustin, putang ina mo" is a common
expression in the dialect that is often employed not
Article 358. Slander. - Oral defamation shall be punished by arresto really to slander but rather to express anger or
mayor in its maximum period to prision correccional in its minimum displeasure. It is seldom, if ever, taken in its literal
period if it is of a serious and insulting nature; otherwise the penalty sense
shall be arresto menor or a fine not exceeding 200 pesos.
Article 359. Slander by deed. - The penalty of arresto mayor in its
● Slander (Oral Defamation) maximum period to prision correccional in its minimum period or a
○ Libel committed by oral or speaking of base and fine ranging from 200 to 1,000 pesos shall be imposed upon any
defamatory words which tend to prejudice another person who shall perform any act not included and punished in this
in his reputation, office, trade, business or means of title, which shall cast dishonor, discredit or contempt upon another
livelihood person. If said act is not of a serious nature, the penalty shall be
○ Note: Slander need not be heard by the offended arresto menor or a fine not exceeding 200 pesos.
party. There is oral defamation, even if other
persons and not the offended party heard the
Elements of Slander by Deed
slanderous words, because a person's reputation is
the estimate in which others hold him 1. Offender performs any act Not included in any other
● Kinds of Oral Defamation: crime against honor.
○ 1. Simple slander 2. Such act is performed in the Presence of other person or
persons.
○ 2. Grave slander (when it is of a serious and
3. Such act casts Dishonor, Discredit or Contempt upon the
insulting nature) offended party.
● Factors Affecting Gravity of Slander:
● Kinds of Slander by Deed:
○ 1. Expressions used
○ 1. Simple slander by deed, and
○ 2. Personal relations of the accused and the
○ 2. Grave slander by deed (of a serious nature).
offended party
 ○ Note: Gravity is affected by the social standing of
As to Suffering of shame or Offended party
the offended party, the circumstances under which humiliation/shame humiliation is not suffered from
the act was committed, the occasion, etc. required. shame or
● Examples of Slander by Deed humiliation caused
○ Slapping the face of another - slander by deed if the by the maltreatment
intention of the accused is to cause shame and
As to intent to Not required Required
humiliation. dishonor
○ Pointing “dirty finger” or flipping off someone is
simple slander by deed - the act connotes the
phrase "Fuck You," which is similar to the expression Differences Unjust Acts of Slander by
vexation lasciviousness deed
"Puta" or "Putang Ina mo," in local parlance. While it
may have cast dishonor, discredit or contempt, said As to the act Act which does The Any act
act is not of a serious nature punished not produce commission of a performed on
material lewd act to a another, not
physical harm, person of either being included
Differences Maltreatment by Slander by deed but unjustly sex with force, in any other
deed annoys or vexes or deprivation crime of honor,
another. of reason or in the presence
As to the act Ill-treatment of Any act performed fraudulent of others, which
punished another by deed, on another, not machination or dishonors,
when the victim discredits or
without causing any being included in
is under 12 causes
Injury any other crime of
years. contempt to
honor, in the another party.
Ex. Slapping of face presence of others,
without intent to which dishonors, As to intent To annoy or vex To commit a To humiliate or
cause dishonor discredits or causes lewd act; no dishonor
contempt to another intent to have
party. sexual
intercourse.

Ex. Slapping with ● Note: Kissing a girl in public and touching her breast
intent to cause without lewd designs, committed by a rejected suitor to cast
dishonor
 dishonor on the girl was held to be slander by deed and not printed and first published: Provided, further, That the civil action
acts of lasciviousness shall be filed in the same court where the criminal action is filed and
vice versa: Provided, furthermore, That the court where the criminal
Article 360. Persons responsible. - Any person who shall publish, action or civil action for damages is first filed, shall acquire
exhibit, or cause the publication or exhibition of any defamation in jurisdiction to the exclusion of other courts: And, provided, finally,
writing or by similar means, shall be responsible for the same. That this amendment shall not apply to cases of written
defamations, the civil and/or criminal actions which have been filed
The author or editor of a book or pamphlet, or the editor or in court at the time of the effectivity of this law.
business manager of a daily newspaper, magazine or serial Preliminary investigation of criminal action for written
publication, shall be responsible for the defamations contained defamations as provided for in the chapter shall be conducted by
therein to the same extent as if he were the author thereof. the provincial or city fiscal of the province or city, or by the municipal
The criminal and civil action for damages in cases of written court of the city or capital of the province where such action may be
defamations as provided for in this chapter, shall be filed instituted in accordance with the provisions of this article.
simultaneously or separately with the court of first instance of the No criminal action for defamation which consists in the
province or city where the libelous article is printed and first imputation of a crime which cannot be prosecuted de oficio shall be
published or where any of the offended parties actually resides at brought except at the instance of and upon complaint expressly
the time of the commission of the offense: Provided, however, That filed by the offended party.
where one of the offended parties is a public officer whose office is
in the City of Manila at the time of the commission of the offense,
Persons Liable
the action shall be filed in the Court of First Instance of the City of
Manila, or of the city or province where the libelous article is printed 1. Person who Publishes, exhibits or causes the publication
and first published, and in case such public officer does not hold or exhibition of any defamation in writing or similar
office in the City of Manila, the action shall be filed in the Court of means.
2. Author or Editor of a book or pamphlet.
First Instance of the province or city where he held office at the time
3. Editor or business Manager of a daily newspaper,
of the commission of the offense or where the libelous article is magazine or serial publication.
printed and first published and in case one of the offended parties is 4. Owner of the printing plant which publishes a libelous
a private individual, the action shall be filed in the Court of First article with his consent and all other persons who in any
Instance of the province or city where he actually resides at the time way participate in or have connection with its publication
of the commission of the offense or where the libelous matter is ● Venue [Art. 360(3), Revised Penal Code]
 ○ The criminal and civil actions for damages in case of
written defamations shall be filed simultaneously or
separately with the RTC of the province or city:
■ 1. Where the libelous article is Printed and
first published; or
■ 2. Where any of the offended parties
actually Resides at the time of the
commission of the offense
● Venue when Party is a Public Officer vs. Private Individual

Public Officer ri