TITLE SEVEN.docx

7/26/2019 TITLE SEVEN.docx

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TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS

Crimes committed by pubic o!!icers

"# $%o&i%'y re%deri%' u%(ust (ud'me%t )*rt#+,-./

+# 0ud'me%t re%dered t1rou'1 %e'i'e%ce )*rt#

+,2./

3# U%(ust i%terocutory order )*rt# +,4./-# M5icious de5y i% t1e 5dmi%istr5tio% o!

(ustice )*rt# +,6./

2# Prosecutio% o! o!!e%ses/ %e'i'e%ce 5%dtoer5%ce )*rt# +,7./

4# Betr5y5 o! trust by 5% 5ttor%ey or soicitor

8 Re9e5tio% o! secrets )*rt# +,:./6# Direct bribery )*rt# +",./

7# I%direct bribery )*rt# +""./

:# ;u5i!ied bribery )*rt# +"" co%ce5me%t or destructio% o!docume%ts )*rt# ++4./

+-# O!!icer bre5=i%' se5 )*rt# ++6./

+2# Ope%i%' o! cosed docume%ts )*rt# ++7./+4# Re9e5tio% o! secrets by 5% o!!icer )*rt#

++:./

+6# Pubic o!!icer re9e5i%' secrets o! pri95tei%di9idu5 )*rt# +3,./

+7# Ope% disobedie%ce )*rt# +3"./

+:# Disobedie%ce to order o! superior o!!icer

&1e% s5id order &5s suspe%ded by i%!erior o!!icer)*rt# +3+./

3,# Re!us5 o! 5ssist5%ce )*rt# +33./

3"# Re!us5 to disc15r'e eecti9e o!!ice )*rt#+3-./

3+# M5tre5tme%t o! priso%ers )*rt# +32./

33# *%ticip5tio% o! duties o! 5 pubic o!!ice

)*rt# +34./3-# Proo%'i%' per!orm5%ce o! duties 5%d

po&ers )*rt# +36./

32# *b5%do%me%t o! o!!ice or positio% )*rt#+37./

34# Usurp5tio% o! e'is5ti9e po&ers )*rt# +3:./

36# Usurp5tio% o! e?ecuti9e !u%ctio%s )*rt#+-,./

37# Usurp5tio% o! (udici5 !u%ctio%s )*rt# +-"./

3:# Disobeyi%' re@uest !or dis@u5i!ic5tio% )*rt+-+./

-,# Orders or re@uests by e?ecuti9e o!!icers to5%y (udici5 5ut1ority )*rt# +-3./

-"# U%5&!u 5ppoi%tme%ts )*rt# +--./ 5%d-+# *buses 5'5i%st c15stity )*rt# +-2.#

*rtice +,3AO *RE PUBLIC OFFICERS

Takes part in the performance of public functions

in the Government, or

Performs public duties as an employee, agent or

subordinate official in the govt or any of itsbranches

Bre5c1 o! o5t1 o! o!!ice p5rt5=es o! t1ree !orms

Mis!e5s5%ce me5%s improper per!orm5%ce o! 5%

5ct &1ic1 mi'1t be propery be per!ormed

M5!e5s5%ce me5%s per!orm5%ce o! 5% 5ct &1ic1

ou'1t %ot to be do%e

No%!e5s5%ce me5%s omissio% o! 5% 5ct &1ic1ou'1t to be do%e

Malfeasance Doi%' o! 5% 5ct &1ic1 5 pubic

Misfeasance Improper doi%' o! 5% 5ct &1ic1

Nonfeasance F5iure o! 5% 5'e%t to per!orm


2/34

*rtice +,-

$NOAINLY RENDERIN *N UN0UST0UDMENT

ELEMENTSOffender is a judge

enders a judgment in the case submitted to him

for judgment

!udgment is unjust

"no#ledge that the decision is unjust

*rtice +,20UDMENT RENDERED TROU

NELIENCE

ELEMENTS

Offender is a judge

enders a judgment in a case submitted to him fordecision

!udgment is manifestly unjust

$ue to ine%cusable negligence or ignorance

*rtice +,4UN0UST INTERLOCUTORY ORDER

ELEMENTSThat the offender is a judge&

That he performs any of the follo#ing acts'

kno#ingly renders unjust interlocutory order ordecree, or

renders a manifestly unjust interlocutory order ordecree through ine%cusable negligence or

ignorance&

*rtice +,6

M*LICIOUS DEL*Y IN TE*DMINISTR*TION OR 0USTICE

ELEMENTSThat the offender is a judge&

That there is a proceeding in his court&

That he delays the administration of justice&

That the delay is malicious, that is, the delay is

caused by the judge #ith deliberate intent to inflictdamage on either party in the case&

*rtice +,7PROSECUTION OF OFFENSES/ NELIENCE

*ND TOLER*NCE

*cts Pu%is1ed"# M5iciousy re!r5i%i%' !rom i%stituti%'

prosecutio% 5'5i%st 9io5tors o! t1e 5&/

+# M5iciousy toer5ti%' t1e commissio% o!

o!!e%ses#

ELEMENTS OF DERELICTION OF DUTY IN

TE PROSECUTION OF OFFENSES

That the offender is a public officer or officer of thela# #ho has a duty to cause the prosecution of, or

to prosecute offenses&

That there is dereliction of the duties of his office,that is, kno#ing the commission of the crime, he

does not cause (a) the prosecution of the criminal

(People vs& osales, G&& no& *+*-) or (b)kno#ing that a crime is about to be committed he

tolerates its commission (if gift.promise is a

consideration for his conduct' direct bribery)

That the offender acts #ith malice and deliberate

intent to favor the violator of the la#&

PREV*RIC*CION %e'i'e%ce 5%d toer5%ce i%

t1e prosecutio% o! 5% o!!e%se

/rticle& +001/& 2ualified 3ribery4 5f any public

officer is entrusted #ith la# enforcement and he

refrains from arresting or prosecuting an offender#ho has committed a crime punishable by

eclusion Perpetua and.or death in consideration

of any offer, promise, gift, or present, he shall

suffer the penalty for the offense #hich #as notprosecuted&

*rtice +,:

BETR*Y*L OF TRUST BY *N *TTORNEY ORSOLICITOR

)NOT NECESS*RILY * PUBLIC OFFICER

*LTOU *LL L*AYERS *RE OFFICERSOF TE COURT.

*CTS PUNISED


3/34

6ausing damage to client (prejudice is essential)

eitherby any malicious breach of professional duty, or

by ine%cusable negligence or ignorance&

evealing any of the secrets of his client learned by

him in his professional capacity (damage not

necessary)

7ndertaking the defense of the opposing party of

the 0stclient and.or having received confidentialinformation from the latter and #ithout the latters

consent (damage not necessary)

*rtice +",DIRECT BRIBERY

ELEMENTSThat the offender be a public officer #ithin the

scope of /rt +89

That the offender accepts an offer or promise orreceives a gift or present by himself or through

another

That such offer or promise be accepted or

gift.present received by the public officer (mere

agreement consummates the crime)

#ith a vie# to committing some crime (delivery of

consideration is not necessary) or

in consideration of an e%ecution of an act #hich

does not constitute a crime, but the act must be

unjust (delivery of consideration is necessary), or

to refrain from doing something #hich is his

official duty to do

That the act #hich the offender agrees to perform

or #hich he e%ecutes be connected #ith the

performance of his official duties*rtice +""

INDIRECT BRIBERY

ELEMENTS

That the offender is a public officer&

That he accepts gifts&

That the said gifts are offered to him by reason ofhis office&

*rtice +""


4/34

?e is guilty of any of the follo#ing acts oromissions'

demanding, directly or indirectly the payment ofsums different from or larger than those authori@ed

by la#, or

failing voluntarily to issue a receipt, as provided byla#, for any sum of money collected by him

officially, or

6ollecting or receiving, directly or indirectly, by

#ay of payment or other#ise, things or objects of a

nature different from that provided by la#&*rtice +"-

OTER FR*UDS

ELEMENTS


That he takes advantage of his official position&

That he commits any of the frauds or deceits

enumerated in art& 90A to 90-& (estafaB s#indling)

*rtice +"2

PROIBITED TR*NS*CTIONS

ELEMENTS

That the offender is an appointive public officer&

That he becomes interested, directly or indirectly,

in any transaction of e%change or speculation&

That the transaction takes place #ithin the territory

subject to his jurisdiction&

That he becomes interested in the transaction

during his incumbency&

*rtice +"4POSSESSION OF PROIBITED INTERESTS BY

* PUBLIC OFFICER

A1o 5re i5be

Public officer8 i% 5%y co%tr5ct or busi%ess i%

&1ic1 it is 1is o!!ici5 duty to i%ter9e%e#

=%perts, arbitrators and private accountants8 i%

5%y co%tr5ct or tr5%s5ctio% co%%ected &it1 t1e

est5te or property i% t1e 5ppro95> distributio% or

5d(udic5tio% o! &1ic1 t1ey 15d 5cted#

Guardians and e%ecutors8 &it1 respect to property

beo%'i%' to t1eir &5rds or t1e est5te#M/


5/34

That he is reEuired by la# or regulation to render

accounts to the commission on audit, or to aprovincial auditor&

That he fails to do so for a period of t#o monthsafter such accounts should be rendered&

T1e pubic o!!icers &1o 5re bou%d to re%der

5ccou%ts 5re t1e !oo&i%'"# c5s1iers

+# store=eepers

3# &5re1ouseme% 5%d-# t1ose &1o by t1e %5ture o! t1eir positio% become

custodi5% or pubic !u%ds or property#

*rtice +":F*ILURE OF * RESPONSIBLE PUBLIC

OFFICER TO RENDER *CCOUNTS BEFORE

LE*VIN TE COUNTRY

ELEMENTSThat the offender is a public officer&

That he must be an accountable officer for public

funds or property&

That he must have unla#fully left (or be on the

point of leaving) the Philippines #ithout securing

from the 6ommission on /udit a certificatesho#ing that his accounts have been finally settled&

*rtice ++,ILLE*L USE OF PUBLIC FUNDS OR

PROPERTY )Tec1%ic5 M59ers5tio%.

ELEMENTSThat the offender is a public officer&

That there is public fund or property under hisadministration&

That such public fund or property has been

appropriated by la# or ordinance (#ithout this, itis simple malversation even if applied to other

public purpose)&

That he applies the same to a public use other than

for #hich such fund or property has been

appropriated by la# or ordinance&*rtice ++"

F*ILURE TO M*$E DELIVERY OF PUBLIC

FUNDS OR PROPERTY

ELEMENTS

Offender has govt funds or property in hispossession

?e is under obligation to either'make payment from such funds

to deliver property in his custody or administration

#hen ordered by competent authority

?e maliciously fails or refuses to do so

*rtice +++PERSONS AO M*Y BE ELD LI*BLE

UNDER *RTS +"6 TO ++"

Private individual #ho, in any capacity, have

charge of any national, provincial or municipal

funds, revenue, or property

/dministrator or depositary of funds or propertythat has been attached, sei@ed or deposited by

public authority, even if o#ned by a privateindividual

5N:5$=


6/34

Penalty based on nature of imprisonment*rtice ++2

ESC*PE OF PRISONERS UNDER TE

CUSTODY OF * PERSON NOT * PUBLICOFFICER

ELEMENTS

That the offender is a private person (note' must beon duty)

That the conveyance or custody of a prisoner orperson under arrest is confined to him&

That the prisoner or person under arrest escapes&

That the offender consents to the escape of the

prisoner or person under arrest, or that the escapetakes place through his negligence

INFIDELITY IN CUSTODY OF DOCUMENTS

*rtice ++4REMOV*L> CONCE*LMENT> OR

DESTRUCTION OF DOCUMENTS

ELEMENTS

That the offender be a public officer&

That he abstracts, destroys or conceals a document

or papers&

That the said document or paper should have beenentrusted to such public officer by reason of his

office&

That damage, #hether serious or not, to a third

party or to the public interest should have been

caused&*rtice ++6

OFFICER BRE*$IN SE*L

ELEMENTS That the offender is a public officer&

That he is charged #ith the custody of papers orproperty&

That these papers or property are sealed by properauthority&

That he breaks the seals or permits them to bebroken&

*rtice ++7

OPENIN OF CLOSED DOCUMENTS

ELEMENTS


That any closed papers, documents, or objects are

entrusted to his custody&

That he opens or permits to be opened said closed

papers, documents or objects&

That he does not have proper authority&

REVEL*TION OF SECRETS

*rtice ++:

REVEL*TION OF SECRET BY *N OFFICER

ELEMENTS OF P*R#" BY RE*SON OF ISOFFICI*L C*P*CITY


That he kno#s of a secret by reason of his official

capacity&

That he reveals such secret #ithout authority or

justifiable reasons&

That damage, great or small, be caused to the

public interest& )d5m5'e is esse%ti5.

ELEMENTS OF P*R + 8 DELIVERIN

ARONFULLY P*PERS OR COPIES OF

P*PERS OF AIC E M*Y *VE C*RE*ND AIC SOULD NOT BE PUBLISED


That he has charge of papers&

That those papers should not be published&

That he delivers those papers or copies thereof to a

third person&

That the delivery is #rongful&

That damage be caused to public interest&

*rtice +3,

PUBLIC OFFICER REVE*LIN SECRETS OFPRIV*TE INDIVIDU*L


7/34

ELEMENTSThat the offender is a public officer

That he kno#s of the secret of a private individualby reason of his office&

That he reveals such secrets #ithout authority or

justification reason&

OT?= O::=N;=; O 5=G7


8/34

That the la# reEuires that he should first be s#orn

in and.or should first give a bond&

That he assumes the performance of the duties and

po#ers of such office&

That he has not taken his oath of office and .or

given the bond reEuired by la#&

*rtice +36

PROLONIN PERFORM*NCE OF DUTIES*ND POAERS

ELEMENTSThat the offender is holding a public office&

That the period provided by la#, regulations orspecial provisions for holding such office has

already e%pired&

That he continues to e%ercise the duties and po#ersof such office&

*rtice +37

*B*NDONMENT OF OFFICE OR POSITION

ELEMENTS


That he formally resigns from his position&

That his resignation has not yet been accepted&

That he abandons his office to the detriment of the

public service&

*rtice +3:

USURP*TION OF LEISL*TIVE POAERS

ELEMENTS

That the offender is an e%ecutive or judicial officer&

That he (a&) makes general rules or regulations

beyond the scope of his authority or (b&) attempts to

repeal a la# or (c&) suspends the e%ecution thereof&

*rtice +-,

USURP*TION OF EECUTIVE FUNCTIONS

ELEMENTS

That the offender is a judge&

That he (a&) assumes a po#er pertaining to the

e%ecutive authorities, or (b&) obstructs e%ecutiveauthorities in the la#ful e%ercise of their po#ers&

*rtice +-"

USURP*TION OF 0UDICI*L FUNCTIONS

ELEMENTS

That the offender is an officer of the e%ecutive

branch of the government&

That he (a&) assumes judicial po#ers, or (b&)

obstruct the e%ecution of any order decisionrendered by any judge #ithin his jurisdiction&

Note'* m5yor is 'uity u%der t1is 5rtice &1e% 1ei%9esti'5tes 5 c5se &1ie 5 (ustice o! t1e pe5ce is i%

t1e mu%icip5ity

*rtice +-+

DISOBEYIN RE;UEST FORDIS;U*LIFIC*TION

ELEMENTS


That a proceeding is pending before such public

officer&

That there is a Euestion brought before the proper

authority regarding his jurisdiction, #hich is not

yet decided&

That he has been la#fully reEuired to refrain from

continuing the proceeding&

That he continues the proceeding&

*rtice +-3

ORDERS OR RE;UESTS BY EECUTIVEOFFICER TO *NY 0UDICI*L *UTORITY

ELEMENTS

That the offender is an e%ecutive officer&

That he addresses any order or suggestion to any

judicial authority&

That the order or suggestion relates to any case or

business coming #ithin the e%clusive jurisdiction ofthe courts of justice&

*rtice +--

UNL*AFUL *PPOINTMENTS


9/34

ELEMENTS


That he nominates or appoints a person to a public

office&

That such person lacks the legal Eualification

therefor&

That the offender kno#s that his nominee or

appointee lacks the Eualification at the time he

made the nomination or appointment&

*rtice +-2

*BUSES **INST C*STITY

ELEMENTS


That he solicits or makes immoral or indecentadvances to a #oman&

That such #oman must be 4

interested in matters pending before the offenderfor decision, or #ith respect to #hich he is reEuired

to submit a report to or consult #ith a superior

officer, or

under the custody of the offender #ho is a #arden

or other public officer directly charged #ith careand custody of prisoners or person under arrest, or

the #ife, daughter, sister or relative #ithin the

same degree by affinity of the person in the custodyof the offender

T5T


10/34

ELEMENTS

That a person #as killed&

That the accused killed him&

That the killing #as attended by any of the

follo#ing Eualifying circumstances

#ith treachery, taking advantage of superiorstrength, #ith the aid or armed men, or employing

means to #eaken the defense or of means or

persons to insure or afford impunity

in consideration of price, re#ard or promise

by means of inundation, fire, poison, e%plosion,

ship#reck, stranding of vessel, derailment or

assault upon a street car or locomotive, fall ofairship, by means of motor vehicles or #ith the use

of any other means involving great #aste or ruin

on occasion of any of the calamities enumerated inthe preceding paragraph, or of an earthEuake,

eruption of a volcano, destructive cyclone,

epidemic or any other public calamity

#ith evident premeditation

#ith cruelty, by deliberately and inhumanely

augmenting the suffering of the victim or outraging

or scoffing at his person or corpse

The killing is not parricide or infanticide&

*rtice +-:

OMICIDE

ELEMENTS

That a person #as killed&

That the accused killed him #ithout any justifyingcircumstances&

That the accused had the intention to kill, #hich ispresumed&

That the killing #as not attended by any of theEualifying circumstances of murder, or by that of

parricide or infanticide&

*rtice +2,

PEN*LTY FOR FRUSTR*TED P*RRICIDE>

MURDER OR OMICIDE

*rtice +2"DE*T IN * TUMULTOUS *FFR*Y

ELEMENTS

That there be several persons&

That they did not compose groups organi@ed for the

common purpose of assaulting and attacking eachother reciprocally&

That these several persons Euarreled and assaultedone another in a confused and tumultuous manner&

That someone #as killed in the course of the affray&

That it cannot be ascertained #ho actually killedthe deceased&

That the person or persons #ho inflicted serious

physical injuries or #ho used violence can be

identified&

*rtice +2+

PYSIC*L IN0URIES INFLICTED IN *TUMULTOUS *FFR*Y

ELEMENTSthat there is a tumultuous affray as referred to inthe preceding article&

That a participant or some participants thereofsuffer serious physical injuries or physical injuries

of a less serious nature only&

that the person responsible therefor cannot be

identified&

That all those #ho appear to have used violenceupon the person of the offended party are kno#n&

*rtice +23IVIN *SSIST*NCE TO SUICIDE

*cts pu%is15be/ssisting another to commit suicide, #hether the

suicide is consummated or not


11/34


12/34

/ccomplices8 5s seco%ds

*rtice +4"

C*LLENIN TO * DUEL

*cts pu%is15be

6hallenging another to a duel

5nciting another to give or accept a challenge to a

duel

;coffing at or decrying another publicly for having

refused to accept a challenge to fight a duel

Perso%s i5be

C15e%'er

I%sti'5tors*rtice +4+

MUTIL*TION

$i%ds o! Muti5tio%

I%te%tio%5y muti5ti%' 5%ot1er by depri9i%' 1im>

tot5y or p5rti5y> o! some esse%ti5 or'5% !orreproductio%

I%te%tio%5y m5=i%' 5%ot1er muti5tio%> i#e#oppi%'> cippi%' o!! 5%y p5rt o! t1e body o! t1e

o!!e%ded p5rty> ot1er t15% t1e esse%ti5 or'5% !or

reproductio%> to depri9e 1im o! t15t p5rt o! t1ebody

Eeme%ts

There be a castration i&e& mutilation of organsnecessary for generation

Mutilation is caused purposely and deliberately

*rtice +43

SERIOUS PYSIC*L IN0URIES

o& Committed

ounding

3eating

/ssaulting

/dministering injurious substances

A15t 5re serious p1ysic5 i%(uries

5njured person becomes insane, imbecile, impotentor blind

5njured person 4

loses the use of speech or the po#er to hear or to

smell, loses an eye, a hand, foot, arm or leg

loses the use of any such member

becomes incapacitated for the #ork in #hich he

had been habitually engaged

5njured person 4

becomes deformed

loses any other member of his body

loses the use thereof

becomes ill or incapacitated for the performance ofthe #ork in #hich he had been habitually engaged

in for more than H8 days

5njured person becomes ill or incapacitated for

labor for more than 98 days (but not more than H8

days)

*rtice +4-

*DMINISTERIN IN0URIOUS SUBST*NCESOR BEVER*ES

ELEMENTS

That the offender inflicted upon another person any

serious physical injury

That it #as done kno#ingly administering to him

any injurious substances or beverages or by taking

advantage of his #eakness of mind of credulity

?e had no intent to kill

*rtice +42LESS SERIOUS PYSIC*L IN0URIES

ELEMENTSThat the offended party is incapacitated for labor

for 08 days or more (but not more than 98 days), or

needs medical attendance for the same period oftime


13/34

That the physical injuries must not be thosedescribed in the preceding articles

*rtice +44SLIT PYSIC*L IN0URIES

3 $i%ds

That #hich incapacitated the offended party for

labor from 01H days or reEuired medical

attendance during the same period

That #hich did not prevent the offended party from

engaging in his habitual #ork or #hich did notreEuire medical attendance (e%& 3lack1eye)

5ll1treatment of another by deed #ithout causingany injury (e%& slapping but #ithout causing

dishonor)

R*PE

*RT +44


14/34

ELEMENTS

Offender is a private individual

?e kidnaps or detains another, or in any other

manner deprives the latter of his liberty

The act of detention or kidnapping must be illegal

That in the commission of the offense, any of thefollo#ing circumstances are present (becomes

serious)

that the kidnapping.detention lasts for more than 9

days

that it is committed simulating public authority

that any serious physical injuries are inflicted uponthe person kidnapped or detained or threats to kill

him are made, or

that the person kidnapped or detained is a minor(e%cept if parent is the offender), female or a public

officer

*rtice +47

SLIT ILLE*L DETENTION

ELEMENTS

Offender is a private person

?e kidnaps or detains another or in any othermaner deprives him pof his liberty . furnished place

for the perpetuation of the crime

That the act of detention or kidnapping must be

illegal

That the crime is committed #ithout the attendant

of any of the circumstances enumerated in /rt +F

*rtice +4:

UNL*AFUL *RREST

ELEMENTS

That the offender arrests or detains another person

That the purpose of the offender is to deliver him to

the proper authorities

That the arrest or detention is not authori@ed by

la# or there is no reasonable ground therefor

*rtice +6,

$IDN*PPIN *ND F*ILURE TO RETURN *MINOR

ELEMENTSThat the offender is entrusted #ith the custody of a

minor person (#hether over or under F but less

than 0- yrs old)

That he deliberately fails to restore the said minor

to his parents

*rtice +6"INDUCIN * MINOR TO *B*NDON IS

OME

ELEMENTS

That the minor (#hether over or under F) is living

in the home of his parents or guardians or theperson entrusted #ith his custody

That the offender induces a minor to abandon such

home*rtice +6+

SL*VERY

ELEMENTS

That the offender purchases& ;ells, kidnaps or

detains a human being&

That the purpose of the offender is to enslave such

human being&*rtice +63

EPLOITION OF CILD L*BOR

ELEMENTSThat the offender retains a minor in his service&

That it is against the #ill of the minor&

That it is under the prete%t of reimbursing himself

of a debt incurred by an ascendant, guardian or

person entrusted #ith the custody of such minor&*rtice +6-

SERVICES RENDERED UNDER COMPULSION

IN P*YMENT OF DEBT

ELEMENTS

That the offender compels a debtor to #ork for

him, either as household servant or farm laborer&

That it is against the debtors #ill&


15/34

That the purpose is to reEuire or enforce thepayment of a debt&

CRIMES **INST SECURITY

*rtice +62

*B*NDONMENT OF PERSON IN D*NER

*ND *B*NDONMENT OF ONEHS OANVICTIM

*cts pu%is15be3y failing to render assistance to any person #hom

the offender finds in an inhabited place #ounded

or in danger of dying, #hen he can render suchassistance #ithout detriment to himself, unless such

omission shall constitute a more serious offense

Eeme%ts

That place is not inhabited&

The accused found there a person #ounded or indanger of dying&

The accused can render assistance #ithoutdetriment to himself&

The accused fails to render assistance&

3y failing to help or render assistance to another

#hom the offender has accidentally #ounded orinjured

3y failing to deliver a child, under F #hom the

offender has found abandoned, to the authorities orto his family, or by failing to take him to a safe

place

*rtice +64

*B*NDONIN * MINOR

ELEMENTSThat the offender has the custody of a child&

That the child is under seven years of age&

That he abandons such child&

That he has no intent to kill the child #hen the

latter is abandoned&

*rtice +66

*B*NDONMENT OF MINOR BY PERSON

ENTRUSTED AIT IS CUSTODY/INDIFFERENCE OF P*RENTS

*cts pu%is1ed

3y delivering a minor to a public institution or

other persons #.o consent of the one #ho entrusted

such minor to the care of the offender or, in theabsence of that one, #ithout the consent of the

proper authorities

Eeme%ts

That the offender has charged of the rearing or

education of a minor&

That he delivers said minor to a public institution

or other persons&

That the one #ho entrusted such child to theoffender has not consented to such act, or if the one

#ho entrusted such child to the offender is absentBthe proper authorities have not consented to it&

3y neglecting his (offenders) children by notgiving them education #hich their station in life

reEuires and financial condition permits

Eeme%ts

That the offender is a parent&

That he neglects his children by not giving themeducation&

That his station in life reEuires such education andhis financial condition permits it&

*rtice +67

EPLOIT*TION OF MINORS

*cts pu%is1ed

3y causing any boy or girl under 0 to perform anydangerous feat of balancing, physical strength or

contortion, the offender being any person

3y employing children under 0 #ho are not the

children or descendants of the offender in

e%hibitions of acrobat, gymnast, rope1#alker, diver,or #ild1animal tamer or circus manager or

engaged in a similar calling


16/34

3y employing any descendant under 0+ in

dangerous e%hibitions enumerated in the ne%tpreceding paragraph, the offender being engaged

in any of said callings

3y delivering a child under 0 gratuitously to any

person follo#ing any of the callings enumerated in

par + or to any habitual vagrant or beggar, the

offender being an ascendant, guardian, teacher orperson entrusted in any capacity #ith the care of

such child

3y inducing any child under 0 to abandon the

home of its ascendantsB guardians, curators or

teachers to follo# any person engaged in any of thecallings mentioned in par + or to accompany any

habitual vagrant or beggar, the offender being any

person*DDITION*L PEN*LTIES FOR OTER

OFFENSES )+6:.

*rtice +7,

;U*LIFIED TRESP*SS TO DAELLIN

ELEMENTS

That the offender is a private person&

That he enters the d#elling of another&

That such entrance is against the latters #ill&

*rtice +7"

OTER FORMS OF TRESP*SS

ELEMENTS

That the offender enters the closed premises or the

fenced estate of another&

That the entrance is made #hile either of them is

uninhabited&

That the prohibition to enter be manifest&

*rtice +7+

R*VE TRE*TS

*cts pu%is15be

3y threatening another #ith the infliction upon his

person, honor or property that of his family of any

#rong amounting to a crime and demanding moneyor imposing any other condition, even though not

unla#ful and the offender (Note' threat is #ith

condition)

Eeme%ts

That the offender threatens another person #ith theinfliction upon the latters person, honor or

property, or upon that of the latters family, of any

#rong&

That such #rong amounts to a crime&

That there is a demand for money or that any othercondition is imposed, even though not unla#ful&

That the offender attains his purpose&

3y making such threat #ithout the offender

attaining his purpose

3y threatening another #ith the infliction upon hisperson, honor or property or that of his family of

any #rong amounting to a crime, the threat notbeing subject to a condition (Note' threat is #ithout

condition)

Eeme%ts

That the offender threatens another person #ith the

infliction upon the latters person, honor orproperty, or upon that of the latters family, of any

#rong&

That such #rong amounts to a crime&

That the threat is not subject to a condition

*rtice +73

LIT TRE*TS

ELEMENTS

That the offender makes a threat to commit a

#rong&

That the #rong does not constitute a crime&

That there is a demand for money or that othercondition is imposed, even though not unla#ful

That the offender has attained his purpose or, thathe has not attained his purpose

*rtice +72

OTER LIT TRE*TS


17/34

ELEMENTS

Person shall threaten another #ith a #eapon, ordra# #eapon in a Euarrel unless in self1defense&

5n the heat of anger, person orally threatensanother #ith some harm constituting a crime,

#ithout persisting in the idea involved in the threat&

;ubseEuent acts did not persist&

Person orally threatens another #ith harm not

constituting a felony&

*rtice +74R*VE COERCIONS

ELEMENTSThat a person prevented another from doing

something O not to do something against his #ill,

be it right or #rongB

That the prevention or compulsion be effected byviolence, of force as #ould produce intimidation

and control the #ill&

That the person that restrained the #ill and liberty

by another had not the authority of la# or the rightto do so, or, in other #ords, that the restraint shall

not be made under authority of la# or in the

e%ercise of any la#ful right&

*cts pu%is1ed

"# Pre9e%ti%' 5%ot1er> by me5%s o! 9ioe%ce>

t1re5ts or i%timid5tio%> !rom doi%' somet1i%' %ot

pro1ibited by 5&/

+# Compei%' 5%ot1er> by me5%s o! 9ioe%ce>

t1re5ts or i%timid5tio%> to do somet1i%' 5'5i%st 1is

&i> &1et1er it be ri'1t or &ro%'#*rtice +76

LIT COERCIONS

ELEMENTSThat the offender must be a creditor&

That he sei@es anything belonging to his debtor&

That the sei@ure of the thing be accomplished by

means of violence or a display of material forceproducing intimidationB

That the purpose of the offender is to apply thesame to the payment of the debt&

*rtice +77OTER SIMIL*R COERCIONS

ELEMENTS OF NO# ":orcing or compelling, directly or indirectly, or

kno#ingly permitting the forcing or compelling of

the laborer or employee of the offender to purchase

merchandise of commodities of any kind from himB

That the offender is any person, agent or officer of

any association or corporation&

That he or such firm or corporation has employed

laborers or employees&

That he forces or compels, directly or indirectly, or

kno#ingly permits to be forced or compelled, anyof his or its laborers or employees to purchase

merchandise or commodities of any kind from hisor from said firm or corporation&

ELEMENTS OF NO# +

Paying the #ages due his laborer or employee by

means of tokens or object other than the legaltender currency of the Philippines, unless e%pressly

reEuested by such laborer or employee&

That the offender pays the #ages due a laborer or

employee employed by him by means of tokens or

objects&

That those tokens or objects are other than the

legal tender currency to the Philippines&

That such employee or laborer does not e%pressly

reEuest that he be paid by means of tokens or

objects&

*rtice +7:

FORM*TION> M*INTEN*NCE> *ND

PROIBITION OF COMBIN*TION OFC*PIT*L OR L*BOR TROU VIOLENCE

OR TRE*TS

ELEMENTS

That the offender employs violence or threats, in

such a degree as to compel or force the laborers oremployers in the free and legal e%ercise of their

industry or #ork


18/34

That the purpose is to organi@e, maintain or

prevent coalitions of capital or labor, strike oflaborers or lockout of employees&

DISCOVERY *ND REVEL*TION OF SECRETS

*rtice +:,DISCOVERIN SECRETS TROU SEIURE

OF CORRESPONDENCE

ELEMENTSThat the offender is a private individual or even a

public officer not in the e%ercise of his official

function,

That he sei@es the papers or letters of another&

That the purpose is to discover the secrets of such

another person&

That offender is informed of the contents or the

papers or letters sei@ed&

*rtice +:"REVE*LIN SECRETS AIT *BUSE OF

OFFICE

ELEMENTS

That the offender is a manager, employee or

servant&

That he learns the secrets of his principal or master

in such capacity&

That he reveals such secrets&

*rtice +:+

REVEL*TION OF INDUSTRI*L SECRETS

ELEMENTS

That the offender is a person in charge, employeeor #orkman of a manufacturing or industrial

establishment&

That the manufacturing or industrial establishmenthas a secret of the industry #hich the offender has

learned&

That the offender reveals such secrets&

That the prejudice is caused to the o#ner&TITLE TEN

CRIMES **INST PROPERTY

Crimes 5'5i%st property

"# Robbery &it1 9ioe%ce 5'5i%st or

i%timid5tio% o! perso%s )*rt# +:-./+# *ttempted 5%d !rustr5ted robbery

committed u%der cert5i% circumst5%ces )*rt# +:6./

3# E?ecutio% o! deeds by me5%s o! 9ioe%ce ori%timid5tio% )*rt# +:7./

-# Robbery i% 5% i%15bited 1ouse or pubic

buidi%' or edi!ice de9oted to &ors1ip )*rt# +::./

2# Robbery i% 5% i%15bited p5ce or i% 5pri95te buidi%' )*rt# 3,+./

4# Possessio% o! pic=oc=s or simi5r toos

)*rt# 3,-./6# Bri'5%d5'e )*rt# 3,4./

7# *idi%' 5%d 5betti%' 5 b5%d o! bri'5%ds )*rt

3,6./:# T1e!t )*rt# 3,7./

",# ;u5i!ied t1e!t )*rt# 3",./

""# T1e!t o! t1e property o! t1e N5tio%5Libr5ry 5%d N5tio%5 Museum )*rt# 3""./

"+# Occup5tio% o! re5 property or usurp5tio% o!re5 ri'1ts i% property )*rt# 3"+./

"3# *teri%' bou%d5ries or 5%dm5r=s )*rt#3"3./

"-# Fr5udue%t i%so9e%cy )*rt# 3"-./

"2# S&i%di%' )*rt# 3"2./"4# Ot1er !orms o! s&i%di%' )*rt# 3"4./

"6# S&i%di%' 5 mi%or )*rt# 3"6./

"7# Ot1er deceits )*rt# 3"7./":# Remo95> s5e or ped'e o! mort'5'ed

property )*rt# 3":./

+,# Destructi9e 5rso% )*rt# 3+,./+"# Ot1er !orms o! 5rso% )*rt# 3+"./

++# *rso% o! property o! sm5 95ue )*rt# 3+3./

+3# Crimes i%9o9i%' destructio% )*rt# 3+-./

+-# Bur%i%' o%eHs o&% property 5s me5%s tocommit 5rso% )*rt# 3+2./

+2# Setti%' !ire to property e?cusi9ey o&%ed

by t1e o!!e%der )*rt# 3+4./+4# M5icious misc1ie! )*rt# 3+6./

+6# Speci5 c5se o! m5icious misc1ie! )*rt#

3+7./

+7# D5m5'e 5%d obstructio% to me5%s o!commu%ic5tio% )*rt# 33,./

+:# Destroyi%' or d5m5'i%' st5tues> pubic

mo%ume%ts or p5i%ti%'s )*rt# 33".#

*rtice +:3

ROBBERY IN ENER*L

ELEMENTS

That there be personal property belonging toanother&


19/34

That there is unla#ful taking of that property&

That the taking must be #ith intent to gain, and

That there is violence against or intimidation of

any person, or force upon anything&

*rtice +:-ROBBERY AIT VIOLENCE **INST OR

INTIMID*TION OF PERSON

*cts pu%is1ed 5s robbery &it1 9ioe%ce 5'5i%st or

i%timid5tio% o! perso%s

3y reason or on occasion of the robbery, the

follo#ing are committed'

homicide

robbery accompanied #ith rape or intentional

mutilation, ;P5 4 insane, imbecile, impotent orblind

;P5 4 lost the use of speech, hear, smell, eye, hand,foot, arm, leg, use of any such member,

incapacitated for #ork habitually engaged in

Ciolence.intimidation shall have been carried to a

degree clearly unnecessary for the crime or #hen

in the cause of its e%ecution 4 ;P5.deformity, orshall have lost any part of the body or the usethereof or shall have been ill or incapacitated for

the performance of the #ork for I H8 daysB I 98

days

/ny kind of robbery #ith less serious physical

injuries or slight physical injuries

*rtice +:2

;U*LIFIED ROBBERY AIT VIOLENCE OR

INTIMID*TION

;u5i!yi%' circumst5%ces in robbery #ith violence

or intimidation of persons, if any of the offensesdefined in subdivisions 9, * and A of /rt +H* is

committed'

i% 5% u%i%15bited p5ce or

by 5 b5%d or

by 5tt5c=i%' 5 mo9i%' tr5i%> street c5r> motor

9e1ice or 5irs1ip> or

by e%teri%' t1e p5sse%'erHs comp5rtme%ts i% 5

tr5i%> or i% 5%y m5%%er t5=i%' t1e p5sse%'erst1ereo! by surprise i% t1e respecti9e co%9ey5%ces>

or

o% 5 street> ro5d> 1i'1&5y or 5ey 5%d t1ei%timid5tio% is m5de &it1 t1e use o! !ire5rms> t1e

o!!e%der s15 be pu%is1ed by t1e m5? period o! t1e

proper pe%5ties prescribed i% 5rt +:-

*rtice +:4

ROBBERY BY * B*ND

Notes

B*ND is de!i%ed 5s co%sisti%' o! at least four

armed malefactors organi@ed #ith the intention ofcarrying out any unla#ful design# T1eir

p5rticip5tio% i% t1e commissio% o! t1e crime mustbe 5ctu5# T1e o!!e%der must be pri%cip5 by direct

p5rticip5tio%> so t15t> 5 pri%cip5 by i%duceme%t

c5%%ot be co%9icted o! t1is crime &1ere t1e5''r595ti%' circumst5%ce o! b5%d s15 be

5ppreci5ted 5'5i%st 1im> si%ce t1e 5& re@uires 5s 5

co%ditio% to its commissio% t1e 5ctu5 p5rticip5tio%o! t1e o!!e%der i% t1e e?ecutio% o! t1e crime# I%

suc1 5 c5se> t1e co%9ictio% o! 5 pri%cip5 by

i%duceme%t &i o%y be imited to 1is crimi%5i5biity 5s 5 co


20/34

That the offender has intent to defraud another&

That the offender compels him to sign, e%ecute, or

deliver any public instrument or document&

That the compulsion is by means of violence or

intimidation&

*rtice +::ROBBERY IN *N IN*BITED OUSE OR

PUBLIC BUILDIN OR EDIFICE DEVOTED

TO AORSIP

ELEMENTS

That the offender entered (a) an inhabited house,or (b) public buildings, or (c) edifice devoted to

religious #orship&

That the entrance #as effected by any of the

follo#ing means'

Through an opening not intended for entrance oregress&

3y breaking any #all, roof, or floor or breakingany door or #indo#&

3y using false keys, picklocks or similar tools or&

3y using any fictitious name or pretending the

e%ercise of public authority&

That once inside the building, the offender took

personal property belonging to another #ith intent

to gain&

ELEMENTS OF ROBBERY AIT FORCE

UPON TINS> SUBDIVISION )B. *RT# +::

That the offender is inside a d#elling house, public

building, or edifice devoted to religious #orship,

regardless of the circumstances under #hich heentered it

That the offender takes personal propertybelonging to another #ith intent to gain, under any

of the follo#ing circumstances&

by the breaking of doors, #ardrobes, chests, or any

other kind of locked or sealed furniture or

receptacle, or

by taking such furniture or objects a#ay to be

broken or forced open outside the place of therobbery&

*rtice 3,,

ROBBERY IN *N UNIN*BITED PL*CE *ND

BY * B*ND

J hen the robbery #ith force upon things is

committed in an uninhabited place and by a band,

the robbery becomes Eualified# I% t1e s5me m5%%er>#here robbery #ith violence against or

intimidation of persons is committed by a band or

in an uninhabited place, the crime becomesEualified&

J T1eplace considered uninhabited&1e% it is %otused 5s 5 d&ei%'# It m5y re!er to 5 buidi%' or 5

1ouse &1ic1 is %ot used 5s 5 d&ei%'#

J I! 5 1ouse is i%15bited 5%d its o&%ers oroccup5%ts tempor5riy e!t t1e p5ce to t5=e 5 s1ort

95c5tio% i% 5%ot1er p5ce> t1eir c5su5 5bse%ce &i

%ot m5=e t1e p5ce or 1ouse u%i%15bited# (7& ;& vs&Centura, 9H Phil& A+9)

*rtice 3,"

A*T IS *N IN*BITED OUSE> PUBLIC

BUILDIN OR BUILDIN DEDIC*TED TORELIIOUS AORSIP *ND TEIR

DEPENDENCIES

*rtice 3,+

ROBBERY IN *N UNIN*BITED PL*CE ORIN * PRIV*TE BUILDIN

ELEMENTSThat the offender entered an uninhabited place or a

building #hich #as not a d#elling house, not a

public building, or not an edifice devoted to

religious #orship&

that any of the follo#ing circumstances #as

present'

That entrance #as effected through an opening not

intended for entrance or egress&

/ #all, roof, floor, or outside door or #indo# #as

broken&


21/34

The entrance #as effected through the use of false

keys, picklocks or other similar tools&

/ door, #ardrobe, chest, or any sealed or closed

furniture or receptacle #as broken or

/ closed or sealed receptacle #as removed, even if

the same be broken open else#here&

That #ith intent to gain the offender took therefrom

personal property belonging to another&

*rtice 3,3

ROBBERY OF CERE*LS> FRUITS OR FIRE

AOOD IN *N UNIN*BITED PL*CE ORPRIV*TE BUILDIN

*rtice 3,-

ILLE*L POSSESSION OF PIC$LOC$S ORSIMIL*R TOOLS

ELEMENTS

That the offender has in his possession picklocks orsimilar tools&

That such picklocks or similar tools are speciallyadopted to the commission of robbery&

That the offender does not have la#ful cause forsuch possession&

*rtice 3,2F*LSE $EYS

A*T CONSTITUTES

Picklocks, etc&Genuine key stolen from o#ner&

/ny key other than those intended by o#ner for use

in the lock forcibly opened by the offender

Notes'

BRI*ND*E

3rigandage 4T1is is 5 crime committed by more

t15% t1ree 5rmed perso%s &1o !orm 5 b5%d o!

robbers !or t1e purpose o! committi%' robbery i%t1e 1i'1&5y or =id%5ppi%' perso%s !or t1e purpose

o! e?tortio% or to obt5i% r5%som> or !or 5%y ot1er

purpose to be 5tt5i%ed by me5%s o! !orce 5%d9ioe%ce#

*rtice 3,4AO *RE BRI*NDS

BRI*NDS 8 more t15% t1ree 5rmed perso%s!ormi%' 5 b5%d

Eeme%ts o! bri'5%d5'e0& There are least four armed personsB

+& They formed a band of robbersB

9& The purpose is any of the follo#ing'

a& To commit robbery in the high#ayB

b& To kidnap persons for the purpose of

e%tortion or to obtain ransomB or

c& To attain by means of force and violence

any other purpose&

Presumption of 3rigandage'i! members o! 5&ess b5%d 5%d possessio% o!

u%ice%sed !ire5rms )5%y o! t1em.

possessio% o! 5%y =i%d o! 5rms )%ot (ust !ire5rm.

*rtice 3,6*IDIN *ND *BETTIN * B*ND OF

BRI*NDS

ELEMENTS

That there is a band of brigands&

That the offender kno#s the band to be of brigands&

That the offender does any of the follo#ing acts'

he in any manner aids, abets or protects such band

of brigands, or

he gives them information of the movements of the

police or other peace officers of the government or

?e acEuires or receives the property taken by suchbrigands&

TEFT

*rtice 3,7TEFT

ELEMENTSThat there be taking of personal property&

That said property belongs to another&


22/34

That the taking be done #ith intent to gain&

That the taking be done #ithout the consent of the

o#ner&

That the taking be accomplished #ithout the use of

violence against or intimidation of persons or force

upon things&

PERSONS LI*BLE

Those #ho

#ith intent to gain

3ut #ithout violence against or intimidation of

persons nor force upon things

take personal property of another

#ithout the latters consent

ELEMENTS OF UNTIN> FISIN OR*TERIN FRUITS> ETC# IN ENCLOSED

EST*TE )P*R# NO#3> *RT# 3,7.

That there is an enclosed estate or a field #here

trespass is forbidden or #hich belongs to anotherB

That the offender enters the same&

That the offender hunts or fishes upon the same or

gathers fruits, cereals or other forest or farm

products, and

That the hunting or fishing or gathering of

products is #ithout the consent of the o#ner&

*rtice 3",

;U*LIFIED TEFT

TEFT IS ;U*LIFIED AEN

6ommitted by domestic servant, or

ith grave abuse of confidence, or

Property stolen is'

motor vehiclemail matter

large cattle

coconut from plantationfish from fishpond or fishery, or

On occasion of calamities and civil disturbance&

*rtice 3""

TEFT OF PROPERTY OF TE N*TION*LLIBR*RY *ND N*TION*L MUSEUM

USURP*TION

*rtice 3"+

OCCUP*TION OF RE*L PROPERTY OR

USURP*TION OF RE*L RITS INPROPERTY

*cts pu%is1ed

0& Taking possession of any real property

belonging to another by means of violence againstor intimidation of personsB

+& 7surping any real rights in propertybelonging to another by means of violence against

or intimidation of persons&

ELEMENTSThat the offender takes possession of any real

property or usurps any real rights in property&

That the real property or real rights belong to

another&

That violence against or intimidation of persons isused by the offender in occupying real property or

usurpation real rights in property&

That there is intent to gain&*rtice 3"3

*LTERIN BOUND*RIES OR L*NDM*R$S

ELEMENTS

That there be boundary marks or monuments of

to#ns, provinces, or estates, or any other marksintended to designate the boundaries of the same&

That the offender alters said boundary marks&

CULP*BLE INSOLVENCY

*rtice 3"-

FR*UDULENT INSOLVENCY )cup5be

i%so9e%cy.

ELEMENTS

That the offender is a debtorB that is, he #asobligations due and payable&


23/34

That he absconds #ith his property&

That there be prejudice to his creditors&

SAINDLIN *ND OTER DECEITS

EST*F* is embeGGeme%t u%der commo% 5 It is

5 &e it c5% be prosecuted de o!!icio#

*rtice 3"2ELEMENTS OF EST*F* IN ENER*L )3"2.

That the accused defrauded another (a&) by abuse

of confidence, or (b) or means of deceit and

That damage or prejudice capable of pecuniary

estimation is caused to the offended party or thirdperson

B# ELEMENTS OF EST*F* AITUNF*ITFULNESS )3"2.

That the offender has an onerous obligation todeliver something of value&

That he alters its substance, Euantity, or Euality&

That damage or prejudice is caused to another&

C# ELEMENTS OF EST*F* AIT *BUSE OFCONFIDENCE UNDER SUBDIVISION NO#"

P*R# )B.> OF *RT#3"2

That money, goods, or other personal property bereceived by the offender in trust, or on commission,or for administration, or under any other

obligation involving the duty to make delivery of or

to return, the same&

That there be misappropriation or conversion of

such money or property by the offender, or dentalon his part of such receipt&

that such misappropriation or conversion or dental

is to the prejudice of another and

That there is a demand made by the offended party

to the offender&

D# +NDELEMENT OF EST*F* AIT *BUSE OF

CONFIDENCE UNDER P*R*R*P )B.>SUBDIVISION N,#"> *RT# 3"2 K 3 A*YS OF

COMMITTIN

3y misappropriating the thing received&

3y converting the thing received&

3y denying that the thing #as received&

E# ELEMENTS OF EST*F* BY T*$IN

UNDUE *DV*NT*E OF TE SIN*TURE IN

BL*N$ )3"2.

That the paper #ith the signature of the offended

party be in blank&

That the offended party should have delivered it to

offender&

That above the signature of the offended party a

document is #ritten by the offender #ithout

authority to do so&

That the document so #ritten creates a liability of,or causes damage to, the offended party or any

third person&

F# ELEMENTS OF EST*F* BY ME*NS OF

DECEIT )3"2.

that there must be a false pretense, fraudulent

means must be made or e%ecuted prior to or

That such false pretense, fraudulent act or

fraudulent means must be made or e%ecuted priorto or simultaneously #ith the commission of thefraud&

That the offended party must have relied on thefalse pretense, fraudulent act, or fraudulent means,

that is, he #as induced to part #ith his money or

property because of the false pretense, fraudulentact, or fraudulent means&

That as a result thereof, the offended party suffered

damage&

# ELEMENTS OF EST*F* BY POSTD*TIN *

CEC$ OR ISSUIN * CEC$ IN P*YMENTOF *N OBLI*TION )3"2.

That the offender postdated a check, or issued acheck in payment of an obligation&

That such postdatig or issuing a check #as done#hen the offender had no funds in the bank or his


24/34

funds deposited therein #ere not sufficient to cover

the amount of the check&

# ELEMENTS OF OFFENSE DEFINED IN TE

FIRST P*R*R*P OF SECTION " BP ++

That a person makes or dra#s and issues any

check&

That the check is made or dra#n and issued to

apply on account or for value&

That the person #ho makes or dra#s and issues the

check kno#s at the time of issue that he does not

have sufficient funds in or credit #ith the dra#eebank for the payment of such check in full upon its

presentment&

That the check is subseEuently dishonored by the

dra#ee bank for insufficiency of funds or credit, or#ould have been dishonored for the same reason

had not the dra#ee, #ithout any valid reason,ordered the bank to stop payment&

I# ELEMENTS OF TE OFFENSE DEFINED IN

TE SECOND P*R*R*P OF SECTION "BP ++

That a person has sufficient funds in or credit #iththe dra#ee bank #hen he makes or dra#s and

issues a check&

That he fails to keep sufficient funds or to maintaina credit to cover the full amount of the check if

presented #ithin a period of H8 days from the date

appearing thereon&

That the check is dishonored by the dra#ee bank&

0# BY OBT*ININ FOOD OR CREDIT *TOTELS> INNS> REST*UR*NTS ETC#

*cts pu%is1ed u%der p5r5'r5p1 )e.

"# 5# Obt5i%i%' !ood> re!res1me%t> or

5ccommod5tio% 5t 5 1ote> i%%> rest5ur5%t> bo5rdi%'

1ouse> od'i%' 1ouse> or 5p5rtme%t 1ouse/

b# Ait1out p5yi%' t1ere!or/

c# Ait1 i%te%t to de!r5ud t1e proprietor or

m5%5'er#

+# 5# Obt5i%i%' credit 5t

5%y o! t1e est5bis1me%ts/

b# Usi%' !5se prete%se/

3# 5# *b5%do%i%' orsurreptitiousy remo9i%' 5%y p5rt o! 1is b5''5'e i%

t1e est5bis1me%t/

b# *!ter obt5i%i%' credit> !ood> re!res1me%t>5ccommod5tio%/

c# Ait1out p5yi%'#

J F5iure to p5y !ood or 5ccommod5tio% i% 5 1ote>

rest5ur5%t or i%% usu5y 'i9es rise to ci9i i5biitybut i! t1e i%te%t to de!r5ud is ce5r i=e 5

surreptitious remo95 o! b5''5'e !rom t1e 1ote> or

resorti%' to deceit!u me5%s to e95de p5yme%t> t1e5ct s15 be pu%is1ed crimi%5y 5s Est5!5#

$# ELEMENTS OF EST*F* BY INDUCIN*NOTER TO SIN *NY DOCUMENTS )3"2.

That the offender induced the offended party tosign a document&

That deceit be employed to make him sign thedocument&

That the offended party personally signed thedocument&

That prejudice be caused&

L# ELEMENTS OF EST*F* BY REMOVIN>

CONCE*LIN OR DESTROYIN

DOCUMENTS )3"2.

That there be court records, office files, documents

or any other papers&

That the offender removed, concealed or destroyed

any of them&

That the offender had intent to defraud another&

J I% order to commit 5 crime> t1e offender musthave the intention to defraud# I% ot1er &ords> t1e

remo95> co%ce5me%t or destructio% o! t1e court

record s1oud be do%e &it1 t1e i%te%t to de!r5ud t1e9ictim# T1is is distinguished from the crime of


25/34

removal, concealment or destruction of documents

under /rticle ++ #herein fraud is not an elementof the crime, and #hich is committed only by public

officers# A15t is pu%is1ed u%der t1is *rtice is t1e

d5m5'e to pubic i%terest#

J I! t1e 5ct o! remo9i%'> co%ce5i%' or destroyi%'

resuts !rom 15tred> re9e%'e> or ot1er e9i moti9e>

t1e crime committed is malicious mischiefu%der*rtice 3+6#

Note No i%te%t to de!r5ud 8 destroyi%' or remo95K malicious mischief

A1e% 5 5&yer> prete%di%' to 9eri!y 5 cert5i%

pe5di%' i% 5 c5se pe%di%' be!ore 5 court> borro&st1e !oder o! t1e c5se> 5%d remo9es or destroys 5

docume%t &1ic1 co%stitute e9ide%ce i% t1e s5id

c5se> s5id 5&yer is 'uity o! Est5!5 u%der p5r# 3 )c.o! *rtice 3"2> RPC#

SYNDIC*TED EST*F*#

* sy%dic5te o! !i9e or more perso%s !ormed &it1

i%te%t to c5rry out 5% u%5&!u or ie'5 5ct>

tr5%s5ctio% or sc1eme 5%d de!r5ud5tio% &1ic1resuts i% mis5ppropri5tio% o! mo%ey co%tributed

by stoc=1oders or members o! rur5 b5%=s>

cooper5ti9es> s5m515%' %5yo% or !ormerHs5ssoci5tio%/ or !u%ds co%tributed by corpor5tio%s or

5ssoci5tio%s !or t1e 'e%er5 &e!5re#

M# D*M*E OR PRE0UDICE C*P*BLE OF

PECUNI*RY ESTIM*TION )3"2. )seco%d

eeme%t o! 5%y !orm o! est5!5.

TE ELEMENTS OF D*M*E OR PRE0UDICE

M*Y CONSIST OF TE FF#

The offender party being deprived of his money or

property, as a result of the defraudation&

$isturbance in property right or

Temporary prejudice&

N# ELEMENTS OF SAINDLIN )P*R#". BYCONVEYIN> SELLIN> ENCUMBERIN> OR

MORT*IN *NY RE*L PROPERTY>

PRETENDIN TO BE TE OANER OF TES*ME )3"4.

That the thing be immovable, such as a parcel ofland or a building&

That the offender #ho is not the o#ner of saidproperty represented that he is the o#ner thereof&

That the offender should have e%ecuted an act of

o#nership (selling, leasing, encumbering ormortgaging the real property)&

That the act be made to the prejudice of the o#neror a third person&

O# ELEMENTS OF SAINDLIN )P*R# +. BY

DISPOSIN OF RE*L PROPERTY *S FREE

FROM ENCUMBR*NCE> *LTOU SUCENCUMBR*NCE BE NOT RECORDED )3"4.

that the thing disposed of be real property&

That the offender kne# that the real property #as

encumbered, #hether the encumbrance is recorded

or not&

That there must be e%press representation by the

offender that the real property is free fromencumbrance&

That the act of disposing of the real property bemade to the damage of another&

J I% S5ddu 0r# 9# C*> ":+ SCR* +66> it &5s 1ed

t15t t1e act of using or disposing of anothersproperty as if it #ere ones o#n, or of devoting it to

a purpose or use different from that agreed upon, is

a misappropriation and conversion to the prejudiceof the o#ner# 6onversionis u%5ut1oriGed

5ssumptio% 5% e?ercise o! t1e ri'1t o! o&%ers1ip

o9er 'oods 5%d c15ttes beo%'i%' to 5%ot1er>

resuti%' i% t1e 5ter5tio% o! t1eir co%ditio% ore?cusio% o! t1e o&%erHs ri'1ts#

P# ELEMENTS OF SAINDLIN )P*R#3. BY

ARONFULLY T*$IN BY TE OANER IS

PERSON*L FROM ITS L*AFUL POSSESSOR)3"4.

That the offender is the o#ner of personal property&


26/34

That said personal property is in the la#ful

possession of another&

That the offender #rongfully takes it from its la#ful

possessor&

That prejudice is thereby caused to the possessor

or third person&

U%der p5r5'r5p1 - 8 by e?ecuti%' 5%y !ictitious

co%tr5ct to t1e pre(udice o! 5%ot1er

U%der p5r5'r5p1 2 8 by 5ccepti%' 5%y

compe%s5tio% !or ser9ices %ot re%dered or !or 5bor%ot per!ormed

;# ELEMENTS OF SAINDLIN )P*R# 4. BY

SELLIN> MORT*IN OR ENCUMBERINRE*L PROPERTY OR PROPERTIES AIT

AIC TE OFFENDER U*R*NTEED TEFULFILLMENT OF IS OBLI*TION *S

SURETY )3"4.

That the offender is a surety in a bond given in a

criminal or civil action&

That he guaranteed the fulfillment of such

obligation #ith his real property or properties&

That he sells, mortgages, or, in any other mannerencumbers said real property&

That such sale, mortage or encumbrance is (a)#ithout e%press authority from the court, or (b)

made before the cancellation of his bond, or (c)

before being relieved from the obligationcontracted by him&

R# ELEMENTS OF SAINDLIN * MINOR

)3"6.

That the offender takes advantage of the

ine%perience or emotions or feelings of a minor&

That he induces such minor (a) to assume an

obligation, or (b) to give release, or (c) to e%ecutea transfer of any property right&

That the consideration is (a) some loan of money(b) credit or (c) other personal property&

That the transaction is to the detriment of such

minor&

J T1e property re!erred to i% t1is 5rtice is not real

property# It is imited to perso%5 property si%ce 5minor cannot convey real property #ithout judicial

intervention# So> i! &15t is i%9o9ed is re5

property> t1e crime o!s#indling a minor u%der t1is5rtice is %ot committed e9e% i! t1e o!!e%der

succeeds i% i%duci%' t1e mi%or to de5 &it1 suc1

re5 property si%ce %o d5m5'e or detrime%t isc5used 5'5i%st t1e mi%or#

S# ELEMENTS OF OTER DECEITS )3"7.

not mentioned aboveB

interpretation of dreams, forecast, future1telling for

profit or gain&

J T1e me5%i%' o! other deceitsu%der t1is 5rtice

15s re!ere%ce to 5 situ5tio% &1erei% !r5ud or

d5m5'e is do%e to 5%ot1er by 5%y ot1er !orm o!deceptio% &1ic1 is %ot co9ered by t1e precedi%'

5rtices#

J *%ot1er !orm o! deceit &oud be i% t1e %5ture o!i%terpreti%' dre5ms> or m5=i%' !orec5sts> tei%'

!ortu%es or simpy by t5=i%' 5d95%t5'e o! t1e

creduity o! t1e pubic by 5%y ot1er simi5r m5%%er>do%e !or pro!it or '5i%#

C*TTEL MORT*E

*rtice 3":

*# SELLIN OR PLEDIN PERSON*LPROPERTY *LRE*DY PLEDED

ELEMENTSThat personal property is already pledged under

the terms of the chattel mortgage la#&


27/34

That the offender, #ho is the mortgagee of such

property, sells or pledges the same or any partthereof&

That there is no consent of the mortgagee #rittenon the back of the mortgage and noted on the

record thereof in the office of the register of deeds&

$NOAINLY REMOVIN MORT*ED

PERSON*L PROPERTY

ELEMENTS

that personal property is mortgaged under the

chattel mortage la#&

That the offender kno#s that such property is so

mortaged&

That he removes such mortgaged personal to anyprovince or city other than the one in #hich it #as

located at the time of the e%ecution of themortgage&

that the removal is permanent&

That there is no #ritten consent of the mortgagee

or his e%ecutors, administration or assigns to suchremoval&

*RSON *ND OTER CRIMES INVOLVIN

DESTRUCTIONS

)NoteP$ 009 e%pressly repealed or amended

/rts 9+819+, but P$ 0F** revived /rt 9+8.

ELEMENTS OF *RSONS OF PROPERTY OF

SM*LL V*LUES

That an uninhabited hut, storehouse, barn, shed or

any other property is burned

That the value of the property burned does note%ceed +A pesos

That the burning #as done at a time or undercircumstances #hich clearly e%clude all danger of

the fire spreading

ELEMENTS OF CRIME INVOLVIN

DESTRUCTION

That the offender causes destruction of the property

That the destruction #as done by means of'

e%plosion

discharge of electric current

inundation

sinking or stranding of a vessel

damaging the engine of the vessel

taking up rails from the rail#ay track

destroying telegraph #ires and posts or those of

any other system

other similar effective means of destruction

ELEMENTS OF BURNIN ONEHS PROPERTY

*S * ME*NS TO COMMIT *RSON

That the offender set fire to or destroyed his o#n

property

That the purpose of the offender in doing so #as to

commit arson or to cause a great destruction

That the property belonging to another #as burnedor destroyed

ELEMENTS OF *RSON

That the property burned is the e%clusive propertyof the offender

That (a) the purpose of the offender is burning it is

to defraud or cause damage to another or (b)prejudice is actually caused, or (c) the thing

burned is a building in an inhabited place

Palattao notes'

*rso% is de!i%ed 5s t1e i%te%tio%5 or m5iciousdestructio% o! 5 property by !ire#

M*LICIOUS MISCIEF


28/34

*rtice 3+4

M*LICIOUS MISCIEF

ELEMENTS

That the offender deliberately caused damage tothe property of another&

That such act does not constitute arson or other

crimes involving destruction&

That the act damaging anothers property be

committed merely for the sake of damaging it&*rtice 3+7

SPECI*L C*SES OF M*LICIOUS MISCIEF

Obstruct performance of public functions&

7sing poisonous or corrosive substances&

;preading infection or contagious among cattle&

$amage to property of national museum or library,archive, registry, #ater#orks, road, promenade, or

any other thing used in common by the public&

*rtice 3+:OTER MISCIEF

ELEMENTS

Not included in 9+-

scattering human e%crementkilling of co# as an act of revenge

*rtice 33,

D*M*E *ND OBSTRUCTION TO ME*NSOF COMMUNIC*TION

done by damaging rail#ays, telegraph, telephonelines, electric #ires, traction cables, signal system

of rail#ays

*rtice 33"DESTROYIN OR D*M*IN ST*TUES>

PUBLIC MONUMENTS OR P*INTINS

*rtice 33+

EEMPTION FROM CRIMIN*L LI*BILITY INCRIMES **INST PROPERTY

Perso%s e?empt !rom crimi%5 i5biity

;pouse, ascendants and descendants or relatives by

affinity in the same line

The #ido#ed spouse #ith respect to the property

#.c belonged to the deceased spouse before thesame passed into the possession of another

3rothers and sisters and brothers1in1la# and

sisters1in1la#, if living together

O!!e%ses i%9o9ed i% t1e e?emptio%

Theft ( not robbery )

;#indling

Malicious mischief

TITLE ELEVENCRIMES **INST C*STITY

Crimes 5'5i%st c15stity

"# *dutery )*rt# 333./+# Co%cubi%5'e )*rt# 33-./

3# *cts o! 5sci9ious%ess )*rt# 334./

-# ;u5i!ied seductio% )*rt# 336./2# Simpe seductio% )*rt# 337./

4# *cts o! 5sci9ious%ess &it1 t1e co%se%t o!

t1e o!!e%ded p5rty )*rt# 33:./6# Corruptio% o! mi%ors )*rt# 3-,./

7# A1ite s59e tr5de )*rt# 3-"./

:# Forcibe 5bductio% )*rt# 3-+./",# Co%se%ted 5bductio% )*rt# 3-3.#

*rtice 333

*DULTERY

ELEMENTS

That the #oman is married (even if marriage

subseEuently declared void)

That she has se%ual intercourse #ith a man not her

husband&

That as regards the man #ith #hom she has se%ual

intercourses, he must kno# her to be married&

*rtice 33-

CONCUBIN*E

ELEMENTS

That the man must be married&

That he committed any of the follo#ing acts'


29/34

"eeping a mistress in the conjugal d#elling&

?aving se%ual intercourse under scandalous

circumstances #ith a #oman #ho is not his #ife&

6ohabiting #ith her in any other place&

That as regards the #oman she must kno# him tobe married&

*rtice 332# R5pe

T1is 15s bee% repe5ed by Repubic *ct No# 7323

or t1e *%ti


30/34

that the offender commits acts of lasciviousness or

le#dness&

That the acts are committed upon a #oman #ho is

virgin or single or #ido# of good reputation, under0- years of age but over 0+ years, or a sister or

descendant regardless of her reputation or age&

that the offender accomplishes the acts by abuse ofauthority, confidence, relationship, or deceit&

*rtice 3-,CORRUPTION OF MINORS

*ct pu%is15be

3y promoting or facilitating the prostitution or

corruption of persons underage to satisfy the lustof another

*rtice 3-"

AITE SL*VE TR*DE

*cts pe%5iGed

0& =ngaging in the business of prostitution

+& Profiting by prostitution

9& =nlisting the service of #omen for the purpose of

prostitution

*BDUCTION

*rtice 3-+FORCIBLE *BDUCTION

ELEMENTSThat the person abducted is any #oman, regardless

of her age, civil status, or reputation&

That the abduction is against her #ill&

That the abduction is #ith le#d designs&

*rtice 3-3

CONSENTED *BDUCTION

ELEMENTS

That the offended party must be a virgin&

That she must be over 0+ and under 0- years of

age&

That the taking a#ay of the offended party must

be #ith her consent, after solicitation or cajoleryfrom the offender&

That the taking a#ay of the offended party must be

#ith le#d designs&

*rtice 3--

PROSECUTION OF *DULTERY>CONCUBIN*E> SEDUCTION> *BDUCTION

R*PE *ND *CTS OF L*SCIVIOUSNESS

/dultery and concubinage must be prosecuted

upon complaint signed by the offended spouse

;eduction, abduction, rape or acts of

lasciviousness must be prosecuted upon complaintsigned by'

offended party

by her parents

grandparentsguardians in the order in #hich they are named

above

*rtice 3-2

CIVIL LI*BILITY OF PERSONS UILTY OF

R*PE> SEDUCTION OR *BDUCTION

To idemnify the offended #omen

To ackno#ledge the offspring, unless the la#should prevent him from doing so

5n every case to support the offspring*rtice 3-4

LI*BILITY OF *SCEND*NTS> OTER

PERSONS ENTRUSTED AIT CUSTODY OF

OFFENDED P*RTY AO BY *BUSE OF*UTORITY OR CONFIDENCE S*LL

COOPER*TE *S *CCOMPLIES

TITLE TAELVECRIMES **INST TE CIVIL ST*TUS OF

PERSONS

Crimes 5'5i%st t1e ci9i st5tus o! perso%s


31/34

"# Simu5tio% o! birt1s> substitutio% o! o%ec1id !or 5%ot1er 5%d co%ce5me%t or 5b5%do%me%t

o! 5 e'itim5te c1id )5rt# 3-6./

+# Usurp5tio% o! ci9i st5tus )*rt# 3-7./3# Bi'5my )*rt# 3-:./

-# M5rri5'e co%tr5cted 5'5i%st pro9isio%s o!

5& )*rt# 32,./

2# Prem5ture m5rri5'es )*rt# 32"./4# Per!orm5%ce o! ie'5 m5rri5'e ceremo%y

)*rt# 32+.#

*rtice 3-6

SIMUL*TION OF BIRTS> SUBSTITUTION OFONE CILD FOR *NOTER> *ND

CONCE*LMENT OR *B*NDONMENT OF *

LEITIM*TE CILD

*cts Pu%is1ed

0& ;imulation of births

+& ;ubstitution of one child for another

9& 6oncealing or abandoning any legitimate child

#ith the intent to cause such child to lose its civil

status

Re@uisites

The child must be legitimate

The offender conceals or abandons such child

The offender has the intent to cause the child tolose its civil status

Eeme%ts o! Simu5tio% o! Birt16hild is bapti@ed or registered in the egistry of

birth as hers

6hild loses its real status and acEuiires a ne# one

/ctors purpose #as to cause the loss of any trace

as to the childs true filiation

*rtice 3-7

USURP*TION OF CIVIL ST*TUS

6ommitted by a person #ho represents himself as

another and assumes the filiation or rightspertaining to such person

*rtice 3-:

BI*MY

ELEMENTS

That the offender has been legally married&

That the marriage has not been legally dissolved

or, in case his or her spouse is absent, the absent

spouse could not yet be presumed dead accordingto the civil code&

That he contracts a second or subseEuentmarriage&

That the second or subseEuent marriage has all theessential reEuisites for validity&

*rtice 32,

M*RRI*E CONTR*CTED **INSTPROVISIONS OF L*AS

ELEMENTS

That the offender contracted marriage&

That he kne# at the time that

the reEuirement of the la# #ere not complied #ith,

or

The marriage #as in disregard of a legal

impediment&

*rtice 32"PREM*TURE M*RRI*E

*cts pu%is1ed

/ #ido# #ho #ithin 980 days from death of

husband, got married or before her delivery, if she

#as pregnant at the time of his death

/ #oman #hose marriage having been dissolved or

annulled, married before her delivery or #ithin 980

days after the legal separation

*rtice 32+

PERFORM*NCE OF ILLE*L M*RRI*ECEREMONY

*ct pu%is1ed

performance of any illegal marriage ceremony by a

priest or minister of any religious denomination orsect or by civil authorities


32/34

TITLE TIRTEEN

CRIMES **INST ONOR

Crimes 5'5i%st 1o%or

"# Libe by me5%s o! &riti%'s or simi5r me5%s

)*rt# 322./+# T1re5te%i%' to pubis1 5%d o!!er to pre9e%t

suc1 pubic5tio% !or 5 compe%s5tio% )*rt# 324./

3# Pro1ibited pubic5tio% o! 5cts re!erred to i%t1e course o! o!!ici5 proceedi%'s )*rt# 326./

-# S5%der )*rt# 327./

2# S5%der by deed )*rt# 32:./4# I%crimi%5ti%' i%%oce%t perso% )*rt# 343./

6# I%tri'ui%' 5'5i%st 1o%or )*rt# 34-.#

*rtice 323LIBEL

ELEMENTS

That there must be an imputation of a crime, or of

a vice or defect, real or imaginary, or any act,omission, condition, status, or circumstances&

That the imputation must be made publicly&

That it must be malicious&

That the imputation must be directed at a naturalor juridical person, or one #ho is dead&

That the imputation must tend to cause thedishonor, discredit or contempt of the person

defamed&

*rtice32-

RE;UIREMENT OF PUBLICITY

$i%ds o! pri9ie'ed commu%ic5tio%

*BSOLUTELY PRIVILEED 8 %ot 5ctio%5bee9e% i! t1e 5ctor 15s 5cted i% b5d !5it1

;U*LIFIEDLY PRIVILEED 8 t1ose &1ic15t1ou'1 co%t5i%i%' de!5m5tory imput5tio%s coud

%ot be 5ctio%5be u%ess m5de &it1 m5ice or b5d

!5it1

*rtice 322

LIBEL BY ME*NS OF ARITIN OR SIMIL*RME*NS

* ibe m5y be committed by me5%s o! 8

"# Ariti%'/

+# Pri%ti%'/

3# Lit1o'r5p1y/

-# E%'r59i%'/

2# R5dio/

4# P1oto'r5p1/

6# P5i%ti%'/

7# T1e5tric5 e?1ibitio%/

:# Ci%em5to'r5p1ic e?1ibitio%/ or

",# *%y simi5r me5%s#

*rtice 324

TRE*TENIN TO PUBLIS LIBEL *NDOFFER TO PREVENT SUC PUBLIC*TION

FOR * COMPENS*TION

*cts pu%is1ed

"# T1re5te%i%' 5%ot1er to pubis1 5 ibe

co%cer%i%' 1im> or 1is p5re%ts> spouse> c1id> orot1er members o! 1is !5miy/

+# O!!eri%' to pre9e%t t1e pubic5tio% o! suc1ibe !or compe%s5tio% or mo%ey co%sider5tio%#

*rtice 326

PROIBITED PUBLIC*TION OF *CTS

REFERRED TO IN TE COURSE OF OFFICI*LPROCEEDINS

ELEMENTSThat the offender is a reporter, editor or manager

of a ne#spaper, daily or maga@ine&

That he publishes facts connected #ith the private

life of another&


33/34

That such facts are offensive to the honor, virtue

and reputation of said person&

*rtice 327

OR*L DEF*M*TION SL*NDER

T&o $i%ds o! Or5 De!5m5tio%

5ctio% o! 5 serious 5%d i%suti%' %5ture (Graveslander)

i'1t i%sut or de!5m5tio% 8 %ot serious i% %5ture(simple slander)

F5ctors t15t determi%e 'r59ity o! t1e o!!e%se

5. e?pressio%s used

b. perso%5 re5tio%s o! t1e 5ccused 5%d t1e

o!!e%ded p5rty

c. circumst5%ces surrou%di%' t1e c5se

*rtice 32:

SL*NDER BY DEED

ELEMENTS

That the offender performs any act not included inany other crime against honor&

That such act is performed in the presence of otherperson or persons&

That such act casts dishonor, discredit or contempt

upon the offended party&

*rtice 34,

PERSONS RESPONSIBLE FOR LIBEL

A1o 5re i5be

a& person #ho publishes, e%hibits or causes the

publication or e%hibition of any defamation in#riting or similar means(par&0)

b& author or editor of a book or pamphlet

c& editor or business manager of a daily ne#spaper

maga@ine or serial publication(par&+)

d& o#ner of the printing plant #hich publishes a

libelous article #ith his consent and all other

persons #ho in any #ay participate in or have

connection #ith its publication (7; v Orti@)

*rtice 34"

PROOF OF TE TRUT

*dmissibe &1e%

5# t1e 5ct or omissio% imputed co%stitutes 5 crime

re'5rdess o! &1et1er t1e o!!e%ded p5rty is 5 pri95tei%di9idu5 or 5 pubic o!!icer

b# t1e o!!e%ded p5rty is 5 'o9er%me%t empoyee>e9e% i! t1e 5ct or omissio% imputed does %ot

co%stitute 5 crime pro9ided it is re5ted to t1e

disc15r'e o! 1is o!!ici5 duties

Re@uisites !or *c@uitt5

5# it 5ppe5rs t15t t1e m5tter c15r'ed 5s ibeous isTRUE )!or situ5tio%s " 5%d + 5bo9e.

b# it &5s pubis1ed &it1 'ood moti9es 5%d !or 5

(usti!i5be e%d )!or situ5tio% " o%y.*rtice 34+

LIBELOUS REM*R$S


34/34

*rtice 34-INTRIUIN **INST ONOR

o& committed

1by any person #ho shall make any intrigue #hich

has for its principal purpose to blemish the honor

or reputation of another person

CRIMIN*L NELIENCE

*rtice 342

ELEMENTS OF REC$LESS IMPRUDENCEThat the offender does or fails to do an act&

That the doing of or the failure to do that act isvoluntary&

That it be #ithout malice&

That material damage results&

That there is ine%cusable lack of precaution on thepart of the offender, taking into consideration

his employment or occupation

degree of intelligence, physical condition, and

other circumstances regarding persons, time andplace&

ELEMENTS OF SIMPLE IMPRUDENCE

That there is lack of precaution on the part of the

offender&

That the damage impending to be caused in notimmediate or the danger is not clearly manifest&

;u5si

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