Criminal Law II Elements

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

RPC 114. Treason

(1) Offender is a Filipino or a resident alien
(2) War in which the Philippines is involved
(3) Offender––
a. Levies war against the government
b. Adherence to the enemy giving him comfort and aid

RPC 115. Conspiracy and Proposal to Commit Treason

RPC 116. Misprision of Treason

(1) Owes allegiance to the Philippines, not a foreigner
(2) Knows of conspiracy to commit treason
(3) Conceals or does not disclose and make known the same as soon as possible to tbe
governor/fiscal of the province or mayor/fiscal of the province/city in which he resides

RPC 117. Espionage

A. Entering a warship, fort,…
(1) Offender enters a warship, fort, naval or military establishment or reservation
(2) No authority therefor
(3) That his purpose is to obtain information, plans, photographs, or other data of a
confidential nature relative to the defense of the Philippines
B. Disclosing by a public officer
(1) Offender is a public officer
(2) Possession of photographs, plans, information, or other data of a confidential nature
relative to the defense of the Philippines
(3) Discloses it to a representative of a foreign nation
C.A. 616
(1) Unlawfully obtaining or permitting to be obtained information affecting national defense
(2) Unlawful disclosing of information involving national defense
(3) Disloyal acts or works in time of peace
(4) Disloyal acts in time of war.

RPC 118. Inciting to War or Giving Motives for Reprisals

(1) Person commits unlawful or unauthorized acts
(2) Acts provoke or give occasion for
a. War involving or is liable to involve the Philippines
b. Exposure of the Filipinos to reprisals to their persons or property

RPC 119. Violation of Neutrality

(1) There is a war in which the Philippines is not involved
(2) Regulation by competent authority enforcing neutrality
(3) Offender violates regulation

RPC 120. Correspondence with Hostile Country

(1) War in which Philippines is involved
(2) Offender makes correspondence with an enemy country or territory occupied by enemy
troops
(3) Correspondence is either––
a. Prohibited by the government

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b. In ciphers or conventional signs

c. Notice of information which may be useful to the enemy

RPC 121. Flight to Enemy’s Country

(1) War in which Philippines is involved
(2) Offender owes allegiance to Philippines
(3) Offender attempts to or flees the country
(4) Going to enemy country is prohibited by competent authority

RPC 122. Piracy and Mutiny

(1) Vessel in Philippine waters or on high seas
(2) Offenders are not members of the complement or passengers
(3) They
a. Attack or seize the vessel
b. Seize the whole or part of the cargo, equipment, personal belongings of complement
or passengers
(4) Intent to gain––if piracy, none in mutiny

RPC 123. Qualified Piracy

(1) Vessel in Philippine waters or on high seas
(2) Offenders are not members of the complement or passengers
(3) They
a. Attack or seize the vessel
b. Seize the whole or part of the cargo, equipment, personal belongings of complement
or passengers
(4) Qualified by––
a. Seized vessel by boarding or firing upon the same
b. Pirates abandoned victims without means of saving themselves
c. Murder, physical injuries, homicide, rape

P.D. 532
Piracy applies to Philippine Waters
Anyone who aids pirates are accomplices

R.A. 9372: Human Security Act

Widespread and extraordinary fear and panic among the populace, in order to coerce the
government to give in to an unlawful demand shall be guilty of the crime of terrorism

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

RPC 124. Arbitrary Detention

(1) Offender is a public officer
(2) Detains a person
(3) Without legal ground

RPC 125. Delay in Delivery of Detained Persons to Proper Judicial Authority

(1) Offender is a public officer or employee
(2) Detains person for some legal ground
(3) He fails to deliver a person to the proper judicial properties––
a. 12 hours if light penalty

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b. 18 hours if correctional penalty

c. 36 hours if afflictive penalty
d. 3 days if Human Security Act

RPC 126. Delaying Release

(1) Offender is a public officer or employee
(2) There is a––
a. Judicial or executive order for the release of a prisoner or detention prisoner, or
b. Proceeding upon a petition for the liberation of such person
(3) Offender without good reason delays––
a. Service of the notice of order to such person
b. Performance of such judicial or executive order for the release of the person
c. Proceedings upon a person for the release of such persons

RPC 127. Expulsion

(1) Offender is a public officer or employee
(2) He either––
a. Expels any person from the Philippines
b. Compels a person to change residence
(3) Offender is not authorized to do so by law

RPC 128. Violation of Domicile

(1) Offender is a public officer or employee
(2) He does not have judicial authority to enter dwelling and/or search papers or other effects
(3) He does any of––
a. Enters dwelling against the will of the owner
b. Searches the papers or effects without the consent of the owner
c. Refuses to leave after being required to leave

RPC 129. Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally
Obtained
A. Search Warrants Maliciously Obtained
(1) Public officer or employee
(2) Procured search warrant
(3) Without just cause

B. Abuse in the Service of those Legally Obtained

(1) Public officer or employee
(2) Legally obtains search warrant
(3) Exceeds his authority or uses unnecessary severity in executing the same

RPC 130. Searching Domicile without Witnesses

(1) Public officer
(2) Legally obtained domicile
(3) Searches domicile, papers, or other belongings of any person
(4) The owner, or any member of his family, or two witnesses residing in the same locality are
not present
RPC 131. Prohibition, Interruption, and Dissolution of Peaceful Meetings
(1) Offender is a public officer or employee
(2) He performs any of the following acts––

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a. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting,

or by dissolving the same
b. Hindering any person from joining any lawful association, or from attending any of
its meetings
c. Prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances

RPC 132. Interruption of Religious Worship

(1) Offender is a public officer or employee
(2) Religious ceremonies or manifestations of any religion are about to take place or are going
on
(3) Offender prevents or disturbs the same

RPC 133. Offending the Religious Feelings

(1) Acts complained of were performed
a. In a place devoted to religious worship
b. During the celebration of any religious ceremony
(2) Acts must be notoriously offensive to the feelings of faithful

TITLE III: CRIMES AGAINST PUBLIC ORDER

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

TITLE VI: CRIMES AGAINST PUBLIC MORALS

TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

Malfeasance, Misfeasance, and Nonfeasance

Malfeasance Misfeasance Nonfeasance
Performance of an act ought not Improper performance of some Omission of some act which
to be done act which might be lawfully ought to be done
done

e.g., Direct Bribery and Indirect e.g., Knowingly Rendering e.g., Prevaricacion
Bribery Unjust Judgment, et. seq.

RPC 204. Knowingly Rendering Unjust Judgment (ORJK)

(1) Offender is a judge
(2) Renders judgment in a case submitted for decision
(3) Judgment unjust
(4) Knows judgment is unjust

RPC 205. Judgment Rendered through Negligence (ORJI)

(1) Offender is a judge
(2) Renders judgment in a case submitted for decision
(3) Judgment is manifestly unjust

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(4) Due to inexcusable negligence or ignorance

RPC 206. Unjust Interlocutory Order

(1) Offender is a judge
(2) Performs:
a. Renders unjust interlocutory order or decree knowingly
b. Renders manifestly unjust interlocutory or decree through negligence or ignorance

RPC 207. Malicious Delay in the Administration of Justice

(1) Offender is a judge
(2) Proceeding in his court
(3) Delays administration of justice
(4) Delay is malicious––with deliberate intent to inflict damage on either party

RPC 208. Prosecution of Offenses; Negligence and Tolerance (Prevaricacion)

A. Malicious refraining from instituting prosecution
(1) Offender is a public officer or officer of law with duty to cause prosecution or prosecute
offenses
(2) Does not cause prosecution
(3) Acts with malice and deliberate intent to favor violator
B. Malicious toleration of commission of offenses
(1) Offender is a public officer or officer of law with duty to cause prosecution or prosecute
offenses
(2) Tolerates the commission of he knows is crime about to be committed
(3) Acts with malice and deliberate intent to favor violator

RPC 209. Betrayal of Trust by an Attorney or a Solicitor; Betrayal of Secrets

A. Causes damage to client by––
a. Malicious breach of professional duty
b. Inexcusable negligence or ignorance
B. Revealing any of the secrets of his client learned by him in his professional duty
C. Undertaking the defense of the opposing party in the same case, without the consent of first
client
a. After having taken the defense of first client
b. After having received confidential information from client

RPC 210. Direct Bribery (OASA-OASA-OASA)

A. Perform (or agreeing to perform) act constituting crime
(1) Offender is a public officer
(2) Accepts an offer, promise, gift, or present by himself or through another
(3) Such was received with view of committing some crime
(4) Act he agrees to perform is connected with his official duties
B. Perform unjust act not constituting crime
(1) Offender is a public officer
(2) Accepts a gift
(3) Such received in consideration of executing an unjust act not amounting to a crime
(4) Act he agrees to execute is connected to official duties
C. Refrain (or agreeing to refrain) from doing official duty
(1) Offender is a public officer
(2) Accepts an offer, promise, gift, or present
(3) Such is in consideration of refraining

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(4) Act to be refrained from is connected to official duties

RPC. 211. Indirect Bribery

(1) Offender is a public officer
(2) Accepts gifts
(3) Gifts given to him by reason of office

P.D. 46: Punishing Receipt of Gifts on Any Occasion

(1) Offender is a public officer
(2) Receives gift directly or indirectly or has party in his honor (or immediate relatives)
(3) On any occasion including Christmas
*The giver will be punished for offering or giving such

RPC 211-A. Qualified Bribery

(1) Offender is a public officer entrusted with law enforcement
(2) Refrains from arresting or prosecuting an offender who committed a crime punishable by
reclusion perpetua or death
(3) Refraining is in consideration of offer, promise, gift, or present

RPC 212. Corruption of Public Officials

(1) Offender offers, promises, or gives gifts or presents to a public officer
(2) Offers, promises, gifts, or presents are given under circumstances that would make the
public officer liable for direct bribery or indirect bribery

R.A. 3019: Anti-Graft and Corrupt Practices Act

(1) Persuading, inducing, or influencing a public officer to perform an act constituting a
violation of rules
(2) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit
for himself or another person in connection with any contract or transaction with the
government…wherein he has no official capacity to under the law
(3) Directly or indirectly requesting or receiving any gift, present, or other pecuniary or
material benefit…for help giver or to be given to secure a permit or license
(4) Accepting or having any member of his family accept employment in a private enterprise
with pending official business with him during pendency thereof or within one year
(5) Causing any undue injury to any party, including the Government, or giving any private
party advantage or preference in discharge of official administrative or judicial functions
through manifest partiality, evident bad faith, or gross inexcusable negligence
(6) 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…
(7) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same
(8) 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.
(9) 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.

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(10) 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.
(11) 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.

R.A. 7080: Anti-Plunder Act

(1) Offender is a public officer
(2) By himself or in connivance with family, relatives, business associates, subordinates, or
other persons
(3) Amasses, accumulates, or acquires ill-gotten wealth
(4) Through a combination or series of overt or criminal acts by––
a. misappropriation, conversion, misuse, or malversation of public funds or raids on
the public treasury;
b. receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any person and/or entity in connection
with any government contract or project or by reason of the office or position of the
public officer concerned;
c. illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;
d. obtaining, receiving or accepting directly or indirectly any shares of stock, equity or
any other form of interest or participation including promise of future employment
in any business enterprise or undertaking;
e. establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests;
f. taking undue advantage of official
g. position, authority, relationship, connection or influence to unjustly enrich himself
or themselves at the expense and to the damage and prejudice of the Filipino people
and the Republic of the Philippines.
(5) Value at least 75,000,000

RPC 213. Fraud against the Public Treasury and Similar Offenses
A. Fraud against Public Treasury (PoIE FMA)
(1) Offender is a public officer
(2) Intervened in transaction in official capacity
(3) Entered into an agreement with any interested party or speculator or made use of
any other scheme with regard to:
i. Furnishing supplies
ii. Making of contracts
iii. Adjustment or settlement of accounts relating to public property
(4) Intent to defraud government
B. Illegal Exactions (PoNG of DFC)
(1) Public officer entrusted with collection of taxes, licenses, fees, and imposts
(2) Not an employee of the BIR or Customs
(3) Guilty of
i. Demanding directly or indirectly, the payment of sums different from or
larger than those authorized by law

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ii. Failing to voluntarily issue a receipt as provided by law, for any sum
collected by him officially
iii. Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or object of a nature different from that provided by law

RPC 214. Other Frauds

(1) Offender is a public officer
(2) Takes advantage of
(3) Commits any of the frauds enumerated in RPC 315–318
a. Swindling (estafa)
b. Other forms of swindling
c. Swindling a minor
d. Other deceits

RPC 215. Prohibited Transactions

(1) Offender is an appointive public officer
(2) Becomes interested, directly or indirectly, in any transaction of exchange or speculation
(3) Transaction takes place within the territory subject to his jurisdiction
(4) Becomes interested in transaction during his incumbency

RPC 216. Possession of a Prohibited Interest by a Public Officer

(1) Public officer who, directly or indirectly, became interested in any contract or business in
which it was his official duty to intervene;
(2) Experts, arbitrators, and private accountants who, in like manner, took part in any contract
or transaction connected with the estate or property in the appraisal, distribution, or
adjudication of which they had acted
(3) Guardians and executors with respect to the property belonging to their wards or estate

RPC 217. Malversation of Public Funds or Property (OCA ATCO)

(1) Offender is a public officer
(2) Custody or control of funds or property by reason of the duties of his office
(3) Accountable for such public funds or public property
(4) He––
a. Appropriated such public funds or property
b. Took or misappropriated such public funds or property
c. Consented, through abandonment or negligence permitting any other person to take
such public funds or property
d. Otherwise guilty of the misappropriation or malversation of such public funds or
property

Malversation v. Estafa with Abuse of Confidence

Malversation Estafa with Abuse of Confidence
Funds or property usually public Funds/property are always private
Offender is usually a public officer who is Offender is a private individual or even a public
accountable for public funds/property officer who is not accountable for public
funds/property

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Appropriating, taking/misappropriating, or Misappropriating, converting, or denying having

consenting through abandonment or negligence received money or goods or other personal
property
No element of damage Damage
Demand not necessary Demand “necessary”

RPC 218. Failure of Accountable Officer to Render Accounts

(1) Offender is a public officer, whether in the service or separated therefrom by resignation or
other cause
(2) Accountable officer for public funds/property
(3) Required by law or regulation to render accounting to the Commission on Audit
(4) Fails to do so for a period of two months after such accounts should have been rendered
RPC 219. Failure of a Responsible Public Officer to Render Accounts before Leaving the Country
(1) Offender is a public officer
(2) He is an accountable officer for public funds/property
(3) He unlawfully leaves or attempts to leave the Philippines
(4) Without securing a certificate from the Commission on Audit that his accounts have been
finally settles

RPC 220. Illegal Use of Public Funds or Property (Technical Malversation)

(1) Offender is a public officer
(2) Public funds/property under his administration
(3) Such fund/property were appropriated by law or ordinance
(4) Applies such funds/property to any public use other than which it was appropriated

Malversation Technical Malversation

Offender appropriates, takes, misappropriates, or Offender applies public funds under his
consents––by negligence or abandonment––to the administration which had been appropriated by
taking of such funds/property of personal use. law or ordinance to some other public use other
that what it was appropriated for.

RPC 221. Failure to Make Delivery of Public Funds or Property

(1) Public officer has government funds in his possession
(2) Under obligation to either
a. Make payment from such funds
b. Deliver any property
(3) Maliciously fails to make the payment or

RPC 222. Officer included in the preceding provisions.

(1) Private individual who, in any capacity, have charge of any national, provincial or
municipal funds, revenue, or property.
(2) Administrator or depositary of funds or property that has been attached, seized or
deposited by public authority, even if owned by a private individual.

RPC 223. Conniving with or Consenting to Evasion

(1) Offender is a public officer
(2) He had in his custody or charge a prisoner, either detention prisoner or prisoner by final
judgment

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(3) Prisoner escaped from his custody

(4) He was in connivance with the prisoner in the latter’s consent

RPC 224. Evasion through Negligence

(1) Offender is a public officer
(2) Charged with the conveyance or custody or custody a detention

TITLE VIII: CRIMES AGAINST PERSONS

TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

TITLE X: CRIMES AGAINST PROPERTY

RPC 315. Estafa

A. Estafa by Unfaithfulness
(1) Accused defrauded another
(2) Damage or prejudice capable of pecuniary estimation caused to offended party or third
person
TITLE XI: CRIMES AGAINST CHASTITY

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS

TITLE XIII: CRIMES AGAINST HONOR

TITLE XIV: QUASI-OFFENSES

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