Title 7 - Crimes Committed by Public Officers

WHO ARE PUBLIC OFFICERS. (ART. 203)

any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the
performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its
branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

The term “public officers” embraces every public servant from the highest to the lowest.
The definition is quite comprehensive, embracing as it does, every public servant from the highest to the lowest. For the purposes of
Penal Code, it obliterates the standard distinction in the law of public officers between “officer” and “employee”. (Maniego vs People)

REQUISITES:
To be a public officer, one must be –
1. Taking part in the performance of public functions in the Government, or performing in said Government or in any of its branches
public duties as an employee, agent or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties must be -
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority.

MALFEASANCE AND MISFEASANCE IN OFFICE

Misfeasance – is the improper performance of some act which might lawfully be done.
Malfeasance – is the performance of some act which ought not to be done.
Nonfeasance – is the omission of some act which ought to be performed.

What are the crimes classified under malfeasance and misfeasance in office?
1. Knowingly rendering unjust judgment. (Art. 204)
2. Rendering judgment through negligence. (Art. 205)
3. Rendering unjust interlocutory order. (Art. 206)
4. Malicious delay in the administration of justice. (Art. 207)
5. Dereliction of duty in the prosecution of offenses. (Art. 208)
6. Betrayal of trust by an attorney or solicitor – revelation of secrets. (Art. 209)
7. Direct bribery. (Art. 210)
8. Indirect bribery. (Art. 211)

KNOWINGLY RENDERING UNJUST JUDGMENT. (Art. 204)

Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor
and perpetual absolute disqualification.

ELEMENTS:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.

JUDGMENT - It is the final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an
action or proceeding.
UNJUST JUDGMENT - It is one which is contrary to law, or is not supported by the evidence, or both.

When rendered knowingly

Unjust judgment is rendered knowingly when it is made deliberately and maliciously.
“knowingly” means consciously, intelligently, willfully, or intentionally.

The source of unjust judgment may be either:

a. error; or
b. Ill-will or revenge; or
c. bribery

Bad faith is the ground of liability

An unjust judgment is one which is contrary to law or is not supported by the evidence, or both. The source of an unjust judgment
may be error or ill-will. There is no liability at all for a mere error. It is well settled that a judicial officer, when required to exercise his
judgment or discretion, is not liable criminally for any error which he commits, provided he acts in good faith.
Bad faith is therefore the ground of liability. If in rendering judgment the judge fully knew that the same was unjust in the sense
aforesaid, then he acted maliciously and must have been actuated and prevailed upon by hatred, envy, revenge, greed, or some
other similar motive. As interpreted by Spanish courts, the term "knowingly" means sure knowledge, conscious and deliberate
intention to do an injustice. (Heirs of Yasin vs Felix)

NOTE:
o There must be evidence that the judgment is unjust- it cannot be presumed.
o Judgment must be contrary to law and not supported by the evidence.
o There must be evidence that the judge knew that the judgment is unjust.
JUDGMENT RENDERED THROUGH NEGLIGENCE. (Art. 205)
Any judge who, by reason of inexcusable negligence or ignorance, shall render a manifestly unjust judgment in any case submitted
to him for decision shall be punished by arresto mayor and temporary special disqualification.
ELEMENTS:
1. That the offender is a judge.
2. That he renders a judgment in a case submitted to him for decision.
3. That the judgment is manifestly unjust.
4. That it is due to his inexcusable negligence or ignorance.

What is a “manifestly unjust judgment”?

It is so manifestly contrary to law, that even a person having a meager knowledge of the law cannot doubt the injustice.

UNJUST INTERLOCUTORY ORDER. (ART. 206)

Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its
minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory
order or decree be manifestly unjust, the penalty shall be suspension.
ELEMENTS:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree; or
b. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Interlocutory order
It is an order which is issued by the court between the commencement and the end of a suit or action and which decides some
point or matter, but which, however, is not a final decision of the matter in issue.

MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE. (ART. 207)

The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the
administration of justice.

ELEMENTS:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.

PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE. (ART. 208)

The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the
law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of
violators of the law, or shall tolerate the commission of offenses.

ACTS PUNISHABLE:
1. By maliciously refraining from instituting prosecution against violators of the law.
2. By maliciously tolerating the commission of offenses.

Elements of dereliction of duty in the prosecution of offenses:

1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses.
2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of
the of the criminal or knowing that a crime is about to be committed, he tolerates its commission.
3. That the offender acts with malice and deliberate intent to favor the violator of the law.

Who can be offenders in article 208?

a.) a public officer – extends to officers of the prosecution department, whose duty is to institute criminal proceedings for felonies
upon being informed of their perpetration.
b.) an officer of the law – includes all those who, by reason of the position held by them, are duty-bound to cause the prosecution and
punishment of the offenders.

NOTE:
o There must be a duty on the part of the public officer to prosecute or to move the prosecution of the offender.
o “Shall maliciously refrain from instituting prosecution”
o “Shall tolerate the commission of the offenses”

BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR—REVELATION OF SECRETS. (ART. 209)

- In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from Forty
thousand to Two hundred thousand pesos, or both, shall be imposed upon any attorney-at-law or any person duly authorized to
represent and/or assist a party to a case who, by any malicious breach of professional duty or inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity.
- The same penalty shall be imposed upon an attorney- at-law or any person duly authorized to represent
and/or assist a party to a case who, having undertaken the defense of a client or having received confidential information from said
client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.

DIRECT BRIBERY. (ART. 210)

Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties,
in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall
suffer the penalty of prision correccional in its minimum and medium periods and a fine of not less than the value of the gift and not
 more than three times such value, in addition to the penalty corresponding to the crime agreed upon, if the same shall have been
committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer
executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been
accomplished, the officer shall suffer the penalties of arresto mayor in its maximum period and a fine of not less than the value of
the gift and not more than twice such value.
If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was
his official duty to do, he shall suffer the penalties of arresto mayor in its medium and maximum periods and a fine of not less than
the value of the gift and not more than three times such value.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary
disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim
commissioners, experts or any other persons performing public duties.

Acts punishable in direct bribery:

1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present – an act constituting a crime, in
connection with the performance of his official duties.
2. By accepting a gift in consideration of an act which does not constitute a crime, in connection with the performance of his official
duty.
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise.

Elements of direct bribery:

1. That the offender be a public officer within the scope of Article 203.
2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another.
3. That such offer or promise be accepted, or gift or present received by the public officer-
a. With a view to committing some crime; or
b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or
c. To refrain from doing something which it is his official duty to do.
4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties.

First element. – the offender is a public officer.

The definition of “public officers” in Article 203 is quite comprehensive, embracing as it does, every public servant from the highest
to the lowest. For the purpose of the Penal Code, it obliterates the standard distinction in the law of public officers between
“officer” and “employee.”
Second element. – Gift is received personally or through intermediary
The gift or present may be received by the public officer himself or through a third person.

Bribery exists, not only:

a. When the gift is offered voluntarily by a private person, or
b. When the gift is solicited by a public officer and the private person voluntarily delivers it to the public officer, but also,
c. When the gift is solicited by a public officer as the consideration for his refraining from the performance of an official duty and the
private person gives the gift for fear of the consequences which would result if the officer performs his functions.

Third element. – The three ways of committingdirect bribery.

1. The act to be performed by the public officer must
constitute a crime in the first form of direct bribery. Four
things are necessary:
a. That the defendant be a public officer according to the meaning of this term in article 203;
b. That he has received either personally of through another gifts or presents or accepted offers or promises;
c. That such reception of gifts or presents or acceptance of offers or promises has been for the purpose of executing a crime; and
d. That the act constituting the crime relates to the exercise of the office which the public officer discharges.

NOTE:
o A promise to give gift to, and a promise to commit an unlawful act by, a public officer will be sufficient in direct bribery under
the first paragraph or article 210.
o The public officer to suffer “the penalty corresponding to the crime agreed upon, if the same shall have been committed.”
o The act which the public officer agrees to perform must be connected with the performance of official duties.
2. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust.
o Direct bribery under the second paragraph of Article 210 has the same elements as those of direct bribery under the first
paragraph, but the act intended by the public officer does not amount to a crime.
3. To refrain from doing something which it is his official duty to do.
o In this kind of direct bribery, the object for which the gift is received or promised is to make the public officer refrain from doing
something which it is his official duty to do.

INDIRECT BRIBERY. (ART. 211)

The penalties of prision correccional, in its medium and maximum periods, suspension and public censure shall be imposed upon any
public officer who shall accept gifts offered to him by reason of his office.

ELEMENTS:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.

Gift is usually given to the public officer in anticipation of future favor from the public officer.
A public officer should not accept any gift offered to him, because such gift is offered in anticipation of future favor from him. Such
gift received now will in the future corrupt him or make him omit the performance of his official duty.
 The essential ingredient of indirect bribery as defined in Article 211 of the Revised Penal Code is that the public officer concerned
must have accepted the gift or material consideration. There must be a clear intention on the part of the public officer to take the
gift so offered and consider the same as his own property from then on, such as putting away the gift for safekeeping or pocketing
the same. (Formilleza vs Sandiganbayan)

There is no attempted or frustrated indirect bribery

Indirect bribery has no attempted or frustrated stage of execution, because it is committed by accepting gifts offered to the
public officer by reason of his office. If he does not accept the gifts; he does not commit the crime. If he accepts the gifts, it is
consummated.

DIRECT BRIBERY
Public officer receives gift.
There is an agreement between the public officer and the giver of the gift.
The offender agrees to perform or performs an act or refrains from doing something because of the gift or promise.
INDIRECT BRIBERY
Public officer receives gift.
No agreement exists.
It is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts
offered to him by reason of his office.

QUALIFIED BRIBERY. (ART. 211-A)

If any public officer is entrusted with the enforcement and he refrains from arresting or prosecuting an offender who has committed
a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the
penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As added by RA No. 7659)

ELEMENTS:
1. That the offender is a public officer entrusted with law enforcement;
2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua
and/or death;
3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present.

CORRUPTION OF PUBLIC OFFICIALS. (ART. 212)

The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon
any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles.

ELEMENTS:
1. That the offender makes offers or promises or gives gifts or presents to a public officer.
2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public
officer liable for direct bribery or indirect bribery.

The offender in corruption of public officer is the giver of gift or offeror or promise.
The offender is the giver of gifts or offeror of promise.
The public officer sought to be bribed is not criminally liable, unless he accepts the gifts or consents to the offer of the
offender.
Article 212 punishes the person who made the offer or promise or gave the gift, even if the gift was demanded by the public
officer and the offer was not made voluntarily prior to the said demand by the public officer.

ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA No. 3019 as amended by RA No. 3047, PD No. 77 and BP Blg 195)
The anti-graft law was enacted under the police power of the State to promote morality in the public service. (Morfe vs Mutuc)

Policy behind the enactment of the Anti-Graft and Corrupt Practices Act.
This Act was enacted to deter public officials and employees from committing acts of dishonesty and improve the tone of morality
in public service.
It was declared to be a state policy “in line with the principle that a public office is a public trust, to repress certain acts of public
officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. (Morfe vs Mutuc)

Corrupt practices of public officers

a. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such violation or offense.
b. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in
connection with any contract or transaction between the Government and any other party, wherein the public officer in his official
capacity has to intervene under the law.
c. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any
person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit
or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
d. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with
him during the pendency thereof or within one year after its termination.
e. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the
grant of licenses or permits or other concessions.
f. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter
pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or
material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating
against any other interested party.
g. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether
or not the public officer profited or will profit thereby.
h. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he
intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
i. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against
the same or does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or group to which they belong.
j. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to
such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
k. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to
unauthorized persons, or releasing such information in advance of its authorized release date.

REPUBLIC ACT NO. 1379

An Act Declaring Forfeiture in Favor of the State any Property found to have been Unlawfully Acquired by any Public Officer or Employee
and Providing for the Proceedings Therefor.

Prima facie presumption

Whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of
proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to have been unlawfully acquired. (Sec.2)

RA No. 7080, An Act Defining and Penalizing the Crime of Plunder

Plunder - Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt
or criminal acts as described in Section 1(d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death.

Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall
likewise be punished for such offense. (Sec. 2)

MALVERSATION OF PUBLIC FUNDS OR PROPERTY. (ART. 217)

Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same,
or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such
public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or
property, shall suffer:

Acts punishable in malversation:

1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to take such public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.

Elements common to all acts of malversation under Article 217:

1. That the offender be a public officer.
2. That he had the custody or control of funds or property by reason of the duties of his office.
3. That those funds or property were public funds or property for which he was accountable.
4. That he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take
them.

● The offender in malversation under Article 217 must be a public officer.

● Nature of the duties of the public office, not name of office, is controlling.
● Funds or property must be received in official capacity.
● A public officer having only a qualified charge of Government property without authority to part with its physical possession cannot
be held liable for malversation.

Different acts of malversation punished under Article 217.

1. Appropriating public funds or property.
2. Taking or misappropriating public funds or property.
3. Consenting or permitting, through abandonment or negligence, any other person to take public funds or property.

Malversation may be committed through dolo or culpa.

Malversation may be committed either through a positive act of misappropriation of public funds or property, or passively through
negligence. To sustain a charge or malversation, there must either be criminal intent or criminal negligence, and while the prevailing
facts of a case may not show that deceit attended the commission of the offense, it will not preclude the reception of evidence to prove
the existence of negligence because both are equally punishable under Article 217 of the RPC.

Presumption of malversation.
The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any
duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use.

Presumption may be rebutted

There is no dispute that the presumption of malversation under said Article 217 of the Code is merely prima facie and rebuttable.
The presumption is deemed overthrown if the accountable public officer satisfactorily proves that not a single centavo of the missing
funds was used by him for his personal interest but that the funds were extended as cash advances to co-employees in good faith, in
the belief that they were for legitimate purposes, with no intent to gain and out of goodwill considering that it was a practice tolerated in
the office.
● Funds not used for personal purposes.
● Funds were lost or stolen.
● Money presented upon demand.
● Obedience to lawful order.

FAILURE OF ACCOUNTABLE OFFICER TORENDER ACCOUNTS. (ART. 218)

Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation
to render account to the Commission on Audit, or to a provincial auditor and who fails to do so for a period of two (2) months after such
accounts should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from Forty thousand
pesos (P40,000) to One million two hundred thousand pesos (P1,200,000), or both.

Elements:
1. That the offender is a public officer, whether in the service or separated therefrom.
2. That he must be an accountable officer for public funds or property.
3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such accounts should be rendered.

FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY.(ART. 219)
Any public officer who unlawfully leaves or attempts to leave the Philippine without securing a certificate from the Commission on
Audit showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from Forty thousand
pesos (P40,000) to Two hundred thousand pesos (P200,000) or both. (As amended by RA No. 10951)

Elements:
1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or property.
3. That he must have unlawfully left (or be on point of leaving) the Philippines without securing from the Commission on Audit a
Certificate showing that his accounts have been finally settled.

ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY.(ART. 220)

Any public officer who shall apply any public fund or property under his administration to any public use other than that for which such
fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine
ranging from one-half to the total value of the sum misapplied, if by reason of such misapplication, any damage or embarrassment shall
have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum
misapplied.

ELEMENTS:
1. That the offender is a public officer.
2. That there is a public fund or property under his administration.
3. That such public fund or property has been appropriated by law or ordinance.
4. That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance.

● There is no technical malversation if there is no law or ordinance appropriating public fund or property for a particular purpose.
● The public funds or property must be appropriated by law or ordinance for a particular purpose.

Criminal intent is not an element of technical malversation

The law punishes the act of diverting public property earmarked by law or ordinance for a particular public purpose to another public
purpose. The offense is mala prohibita, meaning that the prohibited act is not inherently immoral but becomes a criminal offense
because positive law forbids its commission based on considerations of public policy, order, and convenience.

It is the commission of an act as defined by the law, and not the character or effect thereof, that determines whether or not the
provision has been violated. Hence, malice or criminal intent is completely irrelevant. (Ysidoro vs People)

FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY. (ART. 221)

Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment,
shall be punished by arresto mayor and a fine of from 5 to 25 per cent of the sum which he failed to pay.

Acts punished under Article 221.

1. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his
possession.
2. By refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or
under his administration.

Elements of failure to make payment.

a. That the public officer has Government funds in his possession.
b. That he is under obligation to make payment from such funds.
c. That he fails to make the payment maliciously.

OFFICERS INCLUDED IN THE PRECEDING PROVISIONS. (ART. 222)

The provisions of this chapter shall apply to private individuals who, in any capacity whatever, have charge of
any Insular (now national), provincial or municipal funds, revenues or property and to any administrator or depository of funds or
property attached, seized or deposited by public authority, even if such property belongs to a private individual.

Private individuals who may be liable under Article 217 to 221.

1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property.
2. Administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a
private individual.

Purpose of Article 222.

The purpose of Article 222 of the RPC is to extend the provisions of the Code on malversation to private individuals. (People vs
Escalante)

CONNIVING WITH OR CONSENTING TO EVASION.(ART. 223)

Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to
perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any penalty.
2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall not have been finally
convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance.

ELEMENTS:
1. That the offender is a public officer.
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment.
3. That such prisoner escaped from his custody.
4. That he was in connivance with the prisoner in the latter’s escape. (US vs Bandino)

EVASION THROUGH NEGLIGENCE. (ART.224)

If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the
escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum
period and temporary special disqualification.

ELEMENTS:
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
3. That such prisoner escapes through his negligence.

ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER.(ART. 225)
Any private person to whom the conveyance or custody of a prisoner or person under arrest shall have been confided, who shall
commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed
for the public officer.

ELEMENTS:
1. That the offender is a private person.
2. That the conveyance or custody of a prisoner or person under arrest is confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person under arrest, that the escape takes place through his negligence.

OPEN DISOBEDIENCE. (ART. 231)

Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made
within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its
medium period to prision correccional in its minimum period, temporary special disqualification in its maximum period and a fine not
exceeding Two hundred thousand pesos (P200,000). (As amended by RA No. 10951)

ELEMENTS:
1. That the offender is a judicial or executive officer
2. That there is a judgment, decision or order of a superior authority.
3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the
legal formalities.
4. That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty
bound to obey.

Acts constituting the crime

Open disobedience is committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision, or order
of any superior authority.

DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER.(ART. 232)
Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after
the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium periods and
perpetual special disqualification.

ELEMENTS:
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order.
4. That his superior disapproves the suspension of the execution of the order.
5. That the offender disobeys his superior despite the disapproval of the suspension
REFUSAL OF ASSISTANCE.(ART. 233)
The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and
a fine not exceeding Two hundred thousand pesos (P200,000) shall be imposed upon a public officer who, upon demand from
competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall
result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a
fine not exceeding One hundred thousand pesos (P100,000) shall be imposed. (As amended by RA No. 10951)

ELEMENTS:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other
public service.
3. That the offender fails to do so maliciously.

REFUSAL TO DISCHARGE ELECTIVE OFFICE. (ART. 234)

The penalty of arresto mayor or a fine not exceeding Two hundred thousand pesos (P200,000), or both, shall be imposed upon any
person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge
the duties of said office. (As amended by RA No. 10951)

ELEMENTS:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or to discharge the duties of said office.
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

“shall refuse without legal motive”

The refusal must be without legal motive. If the elected person is underage, or otherwise disqualified, his refusal to be sworn in or
discharge the duties of the office is justified.

MALTREATMENT OF PRISONERS. (ART. 235)

The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the
physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention prisoner under his charge, by the imposition of punishments not authorized by the regulations, or by
inflicting such punishments in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be
punished by prision mayor in its minimum period, temporary special disqualification and a fine not exceeding One hundred thousand
pesos (P100,000), in addition to his liability for the physical injuries or damage. (As amended by EO No. 62 and RA No. 10951)

ELEMENTS:
1. That the offender is a public officer or employee.
2. That he has under his charge a prisoner or detention prisoner.
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either:
1) by the imposition of punishments not authorized by the regulations, or
2) by inflicting such punishments (those authorized) in a cruel and humiliating manner, or
b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

● The public officer must have actual charge of the prisoner to hold him liable for maltreatment of prisoner.
● Offended party must be a convict or detention prisoner,
● To be detention prisoner, the person arrested must be placed in jail even for a short while.
● The maltreatment 1) must relate to the correction or handling of the prisoner, or 2) must be for the purpose of extorting a confession
or of obtaining some information from the prisoner.
TITLE 8 – CRIMES AGAINST PERSON

1. Parricide. (Art. 246)

2. Murder. (Art. 248)
3. Homicide. (Art. 249)
4. Death caused in tumultuous affray. (Art.251)
5. Physical injuries inflicted in a tumultuous affray. (Art. 252)
6. Giving assistance to suicide. (Art. 253)
7. Discharge of firearms. (Art. 254)
8. Infanticide. (Art. 255)
9. Intentional abortion. (Art. 256)
10. Unintentional abortion. (Art. 257)
11. Abortion practiced by the woman herself or by her parents. (Art. 258)
12. Abortion practiced by a physician or midwife and dispensing of abortives. (Art. 259)
13. Duel. (Art. 260)
14. Challenging to a duel. (Art.261)
15. Mutilation. (Art. 262)
16. Serious physical injuries. (Art. 263)
17. Administering injurious substances or beverages. (Art. 264)
18. Less serious physical injuries. (Art. 265)
19. Slight physical injuries and maltreatment. (Art. 266)
20. Rape. (Art. 266-A)

PARRICIDE. (ART. 246)

Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his
spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua todeath.

ELEMENTS:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or descendant,
or the legitimate spouse of the accused.

Essential element of parricide.

Relationship of the offender with the victim is the essential element of the crime.
Parents and children are not included in the term “ascendants” or “descendants.”
The other ascendant or descendant must be legitimate

The child should not be less than three days old.

● If the child killed by his parents is less than three days old, the crime is infanticide. (Art. 255)

Presumption of marriage in parricide.

● In parricide, the best proof of relationship between appellant and the deceased is the marriage certificate, and in the absence
thereof, oral evidence of the fact of marriage may be considered. The testimony of appellant that he was married to the deceased is an
admission against his penal interest. It is a confirmation of the sem per praesumitur matrimonio and the presumption that "a man and a
woman deporting themselves as husband and wife have entered into a lawful contract of marriage. (People vs Florendo)

Reckless through reckless imprudence

● The husband, who, while struggling for the possession of the gun with his children, without intent to kill anyone, pulled the trigger of
the gun which exploded and hit his wife who was approaching them, is guilty of parricide through reckless imprudence.(People
vsRecote)

Liability of stranger cooperating in parricide

● A stranger who cooperates and takes part in the commission of the crime of parricide, is not guilty of parricide but only homicide or
murder, as the case maybe.(PeoplevsPatricio)

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

Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall
kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall
suffer the penalty of destierro.

-If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
-These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age,
and their seducers, while the daughters are living with their parents.
-Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of
the other spouse shall not be entitled to the benefits of this article.

Requisites for the application of Article 247

1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in
the act of committing sexual intercourse with another person.
2. That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately
thereafter.
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of
the other spouse,
MURDER. (ART. 248)
Any person who, not falling within the provisions of article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

Murder is the unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is
present:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic, or any other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

ELEMENTS:
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
4. The killing is not parricide or infanticide.

“shall kill another”

● In murder, the victim must be killed to consummate the crime. If the victim is not killed, it is either attempted or frustrated murder.

INTENT TO KILL
● To prove the felony of homicide or murder, there must be incontrovertible evidence, direct or circumstantial, that the victim was
deliberately killed (with malice); in other words, that there was intent to kill. Such evidence may consist inter alia in the use of weapons
by the malefactors, the nature, location and number of wounds sustained by the victim and the words uttered by the malefactors
before, at the time or immediately after the killing of the victim. If the victim dies because of a deliberate act of the malefactor, intent to
kill is conclusively presumed. (Peoplevs Delim)

Killing of a child of tender years is murder.

● Thekilling of a child is characterized by treachery even if the manner of the assault is not shown because the weakness of the victim
due to her tender age results in the absence of any danger to the accused. (PeoplevsGanohon)

The word “outraging” means to commit an extremely vicious or deeply insulting act.
The word “scoffing” means to jeer, and implies a showing of irreverence.

HOMICIDE. (ART. 249)

Any person who, not falling within the provisions of article 246 shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.

Homicide is the unlawful killing of any person, which is neither parricide, murder, nor infanticide.

ELEMENTS:
1. That a person was killed;
2. That the accused killed him without any justifying circumstance;
3. That the accused had the intention to kill, which is presumed;
4. That the killing was not attended by any of the qualifying circumstance of murder, or by that of parricide or infanticide.

“Shall kill another”

In homicide, the victim must be killed to consummate the crime. If the victim is not killed, it is either attempted or frustrated homicide.

PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (ART. 250)

The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provisions
of article 50.

DEATH CAUSED IN A TUMULTUOUS AFFRAY. (ART. 251)

When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and
it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be
identified, such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correctional in its medium
and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.

ELEMENTS:
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY. (ART. 252)
When in a tumultuous aftray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants
thereof and the person responsible therefor cannot be identified, all those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who
appear to have used any violence upon the person of the offended party shall be punished by arres-to from five to fifteen days.

Elements:
1. That there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less seriousnature only.
3. That the person responsible there for cannot be identified.
4. That all those who appear to have used violence upon the person of the offended party are known.

GIVING ASSISTANCE TO SUICIDE. (ART. 253)

Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person lends his assistance to
another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not
consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.

Acts punishable as giving assistance to suicide

1. By assisting another to commit suicide, whether the suicide is consummated or not.
2. By lending his assistance to another to commit suicide to the extent of doing the killing himself.

A person who attempts to commit suicide is not criminally liable.

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

DISCHARGE OF FIREARMS. (ART. 254)

Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium
periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide
or any other crime for which a higher penalty is prescribed by any of the articles of this Code.

ELEMENTS:
1. The offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.

“Shall shoot at another”

● The act constituting the offense is shooting at another with any firearm, without intent to kill him.
● If the firearm is not discharged at a person, there is no crime of discharge of firearm.
● The mere assertion of the offended party that the shot was directed at the place in his house where he was, is not sufficient proof
that the shot was aimed or fired at him. It is essential for the prosecution to prove in a positive way that the discharge of the firearm was
directed precisely against the offended party. (People vs Cupin)
●Firing a gun against the house of the offended party at random, not knowing in what part of the house the people inside were, is only
alarm under Article 155.
● There must be no intent to kill.
● The crime is discharge of firearm, even if the gun was not pointed at the offended party when it fired, as long as it was initially aimed
by the accused at or against the offended party.

INFANTICIDE. (ART. 255)

The penalty provided for parricide in article 246 and for murder in article 248 shall be imposed upon any person who shall kill any child
less than three days of age.
If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer
the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty shall be prision mayor.

Infanticide, defined.
Infanticide may be defined as the killing of any child less than three days of age, whether the killer is the parent or grandparent, any
other relative of the child, or a stranger.

ELEMENTS:
a. That a child was killed.
b. That the deceased child was less than three days (72 hours) of age.
c. That the accused killed the said child.

● The penalty is that for parricide or murder, but the name of the crime is always infanticide.
● Father or mother or legitimate other ascendant who kills a child less than three days old, to suffer penalty for parricide.
● Other person who kills a child less than three days old, to suffer the penalty for murder.
● Only the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing dishonor.
● Stranger cooperating with the mother in killing a child less than three days old is guilty of infanticide also but the penalty is that for
murder.
● No crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life
when it was killed.
INTENTIONAL ABORTION. (ART. 255)
Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the womanshall have consented mayor.

ELEMENTS:
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the
womb or after having been expelled therefrom.
4. That the abortion is intended.

UNINTENTIONAL ABORTION. (ART. 175)

The penalty of prision correccional in its minimum and medium periods shall be imposed upon any person who shall cause an abortion
by violence, but unintentionally.

ELEMENTS:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom.

Unintentional abortion is committed only by violence.

The violence must be intentionally exerted.

ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS.(ART. 258)

The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice an
abortion upon herself or shall consent that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and
medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correctional in its medium and maximum periods.

ELEMENTS:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent
c. any of her parents, with her consent for the purpose of concealing her dishonor.

ABORTION, PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES.(ART. 259)

- Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor
and a fine not exceeding One hundred thousand pesos(P100,000).

ELEMENTS:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes, orassists in causing, the abortion. That said physician or midwife
takes advantage of his or her scientific knowledge or skill.

Reason for the maximum penalty

Physicians and midwives who cause or assist in causing abortion are more severely punished because they incur a heavier guilt in
making use of their knowledge for the destruction of human life, where it should be used only for its preservation.

As to the pharmacists, the elements are:

1. That the offender is a pharmacist.
2. That there is no proper prescription from a physician.
3. That the offender dispenses any abortive.

RESPONSIBILITY OF PARTICIPANTS IN A DUEL. (ART. 260)

The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided there for, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted. These
conds shall in all events be punished as accomplices.

CHALLENGING TO A DUEL. (ART. 261)

The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite
another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to
fight a duel.

MUTILATION. (ART. 261)

Any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.
“mutilation” means the lopping or the clipping off of some part of the body.

Two kinds of mutilation:

1. By intentionally mutilating another him, either totally or partially, of some essential organ for reproduction.
2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the
essential organ for reproduction, to deprive him of that part of his body.

Vasectomy is not mutilation.

SERIOUS PHYSICAL INJURIES. (ART. 263)

Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall
suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the
person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg
or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was theretofore habitually
engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the
person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have
been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted
shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

How is the crime of serious physical injuries committed:

By wounding
By beating
By assaulting
By administering injurious substance

PAR. 1: INJURED PERSON BECOMES INSANE, IMBECILE, IMPOTENT, OR BLIND

Meaning of the term “impotent”
- In medical jurisprudence, impotence means inability to copulate, also has been used synonymously with “sterility”

ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES. (ART. 264)

- any person who, without intent to kill, shall inflict upon another any serious physical injury, by knowingly administering to him
any injurious substances or beverages or by taking advantage of his weakness of mind or credulity.

ELEMENTS:
1. That the offender inflicted upon another any serious physical injury.
2. That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his
weakness of mind or credulity.
3. That he had no intent to kill.

LESS SERIOUS PHYSICAL INJURIES. (ART. 223)

Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the
offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious
physical injuries and shall suffer the penalty of arresto mayor.

SLIGHT PHYSICAL INJURIES AND MALTREATMENT. (ART. 266)

1. Physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance
during the same period.
2. Physical injuries which did not prevent the offended party from engaging in his habitual work nor require medical attendance.
3. Ill-treatment of another by deed without causing any injury.

RAPE, WHEN AND HOW COMMITTED. (ART. 266-A)

Rapeiscommitted:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Throughforce, threat,or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above
be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another
person. (RA No.8353)

PENALTIES. (ART. 266-B)

Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to
death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua
to death.
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.
Elements of rape under para. 1:
1. That the offender is a man
2. That the offender had carnal knowledge of a woman
3. That such is accomplished under any of the following circumstances:

a. Through force, threat, or intimidation;

b. When the woman is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority;
d. When the woman is undertwelve (12) years of age or is demented.

Who can commit rape?

● Under RA No. 8353, the crime of rape can now be committed by a male or a female.
● Before its amendment, rape could only be committed by a male person.
● A woman can be a principal by direct participation in rape under the first mode of committing rape provided that a man is charged
with her while “any person” can commit rape under the second mode of committing rape.

PARA 1: RAPE BY SEXUAL INTERCOURSE

● The contact of the male penis with the woman’s vagina is referred to as “rape by sexual intercourse”.

PARA 2: RAPE BY SEXUAL ASSAULT

● Thesexualabuseunderparagraph2 is categorized as “rape through sexual assault.” (People vs Soriano)
● A violation of the body orifices by the fingers is within the expanded definition of rape under RA8353.

EFFECT OF PARDON. (ART. 266-C)

The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is
void ab initio. (RA NO. 8353)

PRESUMPTIONS. (ART. 266-D)

Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party
is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts
punishedunderArticle 266-A. (RA NO.8353)
TITLE 9 – CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

What are crimes against liberty?

[Link] and serious illegal detention. (Art. 267)
[Link] illegal detention. (Art. 268)
[Link] arrest. (Art. 269)
[Link] and failure to return a minor. (Art.270)

What are crimes against security?

[Link] of minors. (Art. 278)
[Link] to dwelling. (Art. 280)
[Link] forms of trespass. (Art. 281)
[Link] threats. (Art. 282)
[Link] threats. (Art.283)
[Link] light threats. (Art. 285)
[Link] coercions. (Art. 286)
[Link] coercions. (Art. 287)

KIDNAPPING AND SERIOUS ILLEGAL DETENTION. (ART. 267)

Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of
reclusion perpetua to death.

SLIGHT ILLEGAL DETENTION. (ART. 268)

ELEMENTS:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other manner deprives him of his liberty.
3. That the act of kidnapping or detention is illegal.
4. That the crime is committed without the attendance of any of the circumstances enumerated in Article 267.

UNLAWFUL ARREST. (ART. 269)

- any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain
another for the purpose of delivering him to the proper authorities. (As amended by RA No.10951)

KIDNAPPING AND FAILURE TO RETURN A MINOR. (ART. 270)

-any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or
guardians. (As amended by RA No. 18)

ELEMENTS:
[Link] the offender is entrusted with the custody of a minor person (whether over or under seven years but less than 18 years of age).
[Link] he deliberately fails to restore the said minor to his parents or guardians.

QUALIFIED TRESPASS TO DWELLING. (ART. 280)

Any private person who shall enter the dwelling of another against the latter's will, shall be punished by arresto mayor and a fine not
exceeding Two hundred thousand pesos (P200,000).

ELEMENTS:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.

Dwelling place, as used in this article, means any building or structure exclusively devoted for rest and comfort, as distinguished from
places devoted to business,offices, etc.

GRAVE THREATS. (ART. 282)

Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong
amounting to a crime.

LIGHT THREATS. (ART. 283)

A threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of thenext preceding article, shall
be punished by arresto mayor.

ELEMENTS:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though not unlawful.
4. That the offender has attained his purpose or, that he has not attained his purpose.

OTHER LIGHT THREATS. (ART. 285)

1. Any person who, without being included in the provisions of the next preceding article, shall threat another with a weapon, or draw
such weapon in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent
acts shows that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it
within the provisions of article 282 of thisCode.
3. Any person who shall orally threaten to do another any harm not constituting a felony. (As amended by RANo.10951)
GRAVE COERCIONS. (ART. 286)
Any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or
compel him to do something against his will, whether it be right or wrong.

LIGHT COERCIONS. (ART. 287)

Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment
of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case
less than Fifteen thousand pesos (P15,000).

GOODLUCK
NACHI