1.

Treason vs Sedition: private individual, the crime committed is trespass to

dwelling. (Art 280) (Pg. 65)
Treason, in its more general sense, is the “violation by
a subject of his allegiance to his sovereign or liege, lord or 6. Rebellion vs Sedition
to the supreme authority of the State.” Sedition, in its more
general sense, is “the raising of commotions or Rebellion – Common Crime, cannot be complexed with any
disturbances in the State.” (Pg. 106) other crime; Sedition – Political Crime, overthrow social and
political disturbance.
2. Treason vs Rebellion:
7. Rebellion vs Subversion
If the levying of war is merely a civil uprising, without
any intention of helping an external enemy, the crime is not Subversion (like treason) is a crime against national
treason. The offenders may be held liable for rebellion security. Rebellion is a crime against public order.
under Article 135 in relation to Article 134 of this Code. (Pg.
6) 8. Political crime vs Common Crime

Political crime refers to crimes committed or acts

(a) The levying of war against the Government
would constitute treason when performed to aid omitted that injure - or are perceived as injuring
the enemy. It would also constitute an adherence - the state, the state's government, or the
to the enemy, giving him aid and comfort. political system. Some examples of severe
political crime are treason, sedition and
The levying of war against the Government terrorism.
during peace time for any of the purposes
mentioned in Article 134 is rebellion. 9. Arbitrary Detention vs Illegal Detention

Public officers liable for arbitrary detention must be vested

(b) Rebellion always involves taking up arms against
with authority to detain or order the detention of persons
the Government; treason may be committed by
accused of a crime, but when they detain a person they have
mere adherence to the enemy giving him aid or
no legal grounds therefor. (Shorter ans: The offender in
comfort. (88)
arbitrary detention is a public officer or employee). If the
3. Treason vs Espionage offender is a private individual, the act of detaining
another is illegal detention(Art 267). (Pg. 43)
Espionage is a crime not conditioned by the citizenship
of the offender. This is also true as regards treason, in view 10. Prohibition, Interruption and Dissolution of Peaceful
of the amendment to Article 14. Meetings vs Disturbance of Public Order

Only a public officer or employee can commit this crime [in

But treason is committed only in time of war, while
Art 131]. If the offender is a private individual, the crime is
espionage may be committed in both time of peace and in
disturbance of public order defined in Article 153
time of war. Treason is limited in two ways of committing
[Disturbance of Public Order]. (Pg. 75)
the crime: levying war, and adhering to the enemy giving
him aid or comfort; while espionage may be committed in
11. Inciting to Rebellion vs Proposal to Commit Rebellion
many ways. (Pg. 26)
Inciting to rebellion distinguished from proposal to commit
4. Piracy vs Mutiny
rebellion.
In piracy, the persons who attack a vessel or seize its
1. In both crimes, the offender induces another to commit
cargo are strangers to said vessels; while in mutiny, they are rebellion.
members of the crew or passengers. 2. In proposal, the person who proposes has decided to commit
rebellion; in inciting to rebellion, it is not required that the offender
While the intent to gain is essential in the crime of has decided to commit rebellion.
piracy, in mutiny, the offenders may only intend to ignore 3. In proposal, the person who proposes the execution of the crime
uses secret means; in inciting to rebellion, the act of inciting is
the ship’s officers or they may be prompted by a desire to
done publicly.
commit plunder. (Pg. 34)

5. Trespass to dwelling vs Violation of Domicile

1st element of Violation to Domicile: The offender must

be a public officer or employee. If the offender who enters
the dwelling against the will of the owner thereof is a
12. Illegal Association vs Illegal Assembly public or official, commercial, or private documents, or wireless,
Illegal association distinguished from illegal assembly. or telegraph messages. See Title Four, Chapter One, Section Four.

1. In illegal assembly, it is necessary that there is an actual meeting

or assembly of armed persons for the purpose of committing any of
the crimes punishable under the Code, or of individuals who, 16. Use of fictitious name vs Concealing true name
although not armed, are incited to the commission of treason, Distinction between use of fictitious name and concealing true
rebellion, sedition, or assault upon a person in authority or his name.
agent; in illegal association, it is not necessary that there be an
actual meeting. 1. In use of fictitious name, the element of publicity must be
2. In illegal assembly, it is the meeting and attendance at such present; in concealing true name and other personal circumstances,
meeting that are punished; in illegal associations, it is the act of that element is not necessary.
forming or organizing and membership in the association that are 2. The purpose in use of fictitious name is any of those three
punished. enumerated (to conceal a crime, to evade the execution of a
3. In illegal assembly, the persons liable are: (1) the organizers or judgment, or to cause damage); in concealing true name it is
leaders of the meeting, and (2) the persons present at meeting. In merely to conceal identity.
illegal association, the persons liable are: (1) the founders,
directors and president, and (2) the members. 17. Prevaricacion vs Bribery
Prevaricacion distinguished from bribery.
13. Direct Assault vs Serious Disobedience
Direct assault distinguished from resistance or serious The third form of direct bribery (Art. 210) is committed by
disobedience. refraining from doing something which pertains to the official duty
of the officer. Prevaricacion (Art. 208) is committed in the same
1. In direct assault, the person in authority or his agent must be way. In this regard, the two felonies are similar. But they differ in
engaged in the performance of official duties or that he is assaulted that in bribery, the offender refrained from doing his official duty
by reason thereof; but in resistance, the person in authority or his in consideration of a gift received or promised. This element is not
agent must be in actual performance of his duties. necessary in the crime of prevaricacion.
2. Direct assault (2nd form) is committed in four ways: (a) by
attacking, (b) by employing force, (c) by seriously intimidating, 18. Direct Bribery vs Indirect Bribery
and (d) by seriously resisting a person in authority or his agent; Direct bribery distinguished from indirect bribery.
resistance or serious disobedience is committed only by resisting
or seriously disobeying a person in authority or his agent. 1. In both crimes, the public officer receives gift.
3. In both direct assault by resisting an agent of a person in 2. While in direct bribery there is an agreement between the public
authority and resistance against an agent of a person in authority, officer and the giver of the gift or present, in indirect bribery,
there is force employed, but the use of force in resistance is not so usually, no such agreement exists.
serious, as there is no manifest intention to defy the law and the 3. In direct bribery, the offender agrees to perform or performs an
officers enforcing it. The attack or employment of force which act or refrains from doing something, because of the gift or
gives rise to the crime of direct assault must be serious and promise; in indirect bribery, it is not necessary that the officer
deliberate; otherwise, even a case of simple resistance to an arrest, should do any particular act or even promise to do an act, as it is
which always requires the use of force of some kind, would enough that he accepts gifts offered to him by reason of his office,
constitute direct assault and the lesser offense of resistance or (cited in Pozar vs. Court of Appeals, 132 SCRA 729)
disobedience in Art. 151 would entirely disappear.
(People vs. Cauan, CA-G.R. No. 540, Oct. 11, 1938) 19. Illegal Use of Public Funds vs Malversation
But when the one resisted is a person in authority, the use of any Illegal use of public funds or property distinguished from
kind or degree of force will give rise to direct assault. malversation under Art. 217.

If no force is employed by the offender in resisting or disobeying a 1. The offenders are accountable public officers in both crimes.
person in authority, the crime committed is resistance or serious 2. The offender in illegal use of public funds or property does not
disobedience under the first paragraph of Art. 151. derive any personal gain or profit; in malversation, the offender in
certain cases profits from the proceeds of the crime.
14. Quasi-Recidivism vs Reiteracion 3. In illegal use, the public fund or property is applied to another
Quasi-recidivism, distinguished from reiteracion. public use; in malversation, the public fund or property is applied
to the personal use and benefit of the offender or of another person.
The aggravating circumstance of "reiteracion" requires that the
offender against whom it is considered shall have served out his 20. Malversation and Falsification vs Infidelity of Documents
sentences for the prior offenses. Here, all the accused were yet When the person received money orders, signed the signatures of
serving their respective sentences at the time of the commission of the payees thereon, collected and appropriated the respective
the crime of murder. The special aggravating circumstance of
amounts thereof, the person is guilty of Malversation and
quasi-recidivism (Art. 160, R.P.C.) was correctly
considered against all the accused. (People vs. Layson, et al., L- falsification, the latter crime having been committed to conceal
25177, Oct. 31, 1969, 30 SCRA 93) the Malversation.

15. Forgery vs Falsification But when the person receives the letters or envelopes containing
Forgery and falsification, distinguished.
money orders for transmission, and the money orders are not sent
The term forgery as used in Art. 169 refers to the falsification and to the addresses, the postmaster cashing the same for his own
counterfeiting of treasury or bank notes or any instruments payable benefit, he is guilty of infidelity in the custody of papers.
to bearer or to order. Falsification is the commission of any of the
eight (8) acts mentioned in Art. 171 on legislative (only the act of
making alteration),
21. Abandonment of Office or position vs Dereliction of Duty 26. Seduction vs Act of Lasciviousness

In Abandonment of office or position, the crime is committed by There must be sexual intercourse in seduction.
any public officer while in dereliction of duty, the crime is
committed only by public officers who have the duty to institute If there is no sexual intercourse and only acts of lewdness are
prosecution for the punishment of violations of the law. performed, the crime is act of lasciviousness.

In abandonment of office or position, the public officer abandons 27. Murder vs Homicide
his office to evade the discharge of his duty while in dereliction of
duty, the public officer does not abandon his office but he fails to Murder is the unlawful killing of any person which is not a parricide
prosecute an offense by dereliction of duty or by malicious or infanticide provided any of the qualifying circumstances
tolerance of the commission of offenses. mentioned in Art 248 is present.

22. Abortion vs Infanticide Homicide is the unlawful killing of any person which is neither
parricide, murder nor infanticide and is not attended by any of the
If the fetus acquired human form but it did not have its own life, circumstances of murder, parricide or infanticide.
independently of the mother. It could not subsist itself outside the
maternal womb which results in the death of the fetus, the crime 28. Grave Coercion vs Grave Threats
is abortion.
In grave threats, the threat must be to inflict a wrong amounting
If the fetus could sustain an independent life, after its separation to a crime upon the person, honor, or property of the offended
from the maternal womb and is killed the crime is infanticide. party or that of his family.

23. Physical Injuries vs Attempted or Frustrated homicide In grave coercions, it is committed by any person without authority
to prevent or compel another, by means of violence, threat, or
If there is no intent to kill on the part of the offender, he is liable intimidation to do something against his will, whether it be right or
for physical injuries. wrong.

If the offender have an intent to kill the victim, he is liable for 29. Theft vs. Robbery
attempted or frustrated homicide.
Article 293 of the RPC defines robbery as a crime
24. Seduction vs Abduction committed by “any person who, with intent to gain, shall take any
personal property belonging to another, by means of violence
In Seduction, it is to excite a woman to unlawful sexual intercourse against or intimidation of any person, or using force upon anything.”
by promise of marriage or other means of persuasion without the
Theft, on the other hand, is committed by any person
use of force..
who, with intent to gain but without violence against or intimidation
of persons nor force upon things, shall take the personal property of
In Abduction, it is to take away a woman from her house or the
another without the latter’s consent⁠.
place where she may be for the purposes of carrying her to another
place with intent to marry or to corrupt her.
30. Kidnapping and Failure to Return a Minor vs. Kidnapping
and Serious Illegal Detention
In abduction, the taking away of the woman must be against her
will and sexual intercourse is not necessary.
Article 270 of the RPC or Kidnapping and Failure to
Return a Minor as amended by Sec. 5 of RA No. 18, punishes the
In seduction, there is no use of force and sexual intercourse is
deliberate failure by the person having the custody of the minor to
necessary. restore such minor to his parents or guardian.

25. Libel vs Slander vs Slander by Deed Under Article 267 or Kidnapping and Serious Illegal
Detention, the kidnapping of a minor is also punished. While under
Libel is defamation committed by means of writing, printing, Art. 270, the offender is entrusted with the custody of the minor, in
lithography, engraving, radio, phonograph, painting or theatrical or Article 267, the offender is not entrusted with the custody of the
cinematographic exhibition, or any other similar means while victim.
Slander is oral defamation. Slander is libel committed by oral
(spoken) means, instead of writing.

Slander by deed involves an act while libel or slander involves

words written or uttered.
31. Exploitation of Minors vs. Inducing a Minor to Abandon his 35. Estafa with Abuse of Confidence vs. Malversation
Home
In estafa with abuse of confidence, the crime is
If the purpose of inducing the minor to abandon his home committed by misappropriating, converting or denying having
is to follow any person engaged in any of the callings of being an received money, goods or other personal property; in malversation,
acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus the crime is committed by appropriating, taking or misappropriating
manager or to accompany any habitual vagrant or beggar, it is or consenting, or, through abandonment or negligence, permitting
exploitation of minors; if there is no such purpose, it is including a any other person to take the public funds or property.
minor to abandon his home under Art. 271

In inducing a minor to abandon his home under Art. 271,

the victim is a minor under 18 years of age; in exploitation of 36. Acts of Lasciviousness vs. Attempted Rape
minors, he must be under 16 years of age.
The difference between attempted rape and acts of
32. Qualified Trespass vs. Other Forms of Trespass lasciviousness lies in the intent of the perpetrator as deduced from
his external acts. The intent referred to is the intent to lie with a
In qualified trespass, the offender is a private person; in woman. Attempted rape is committed when the touching of the
other forms of trespass, the offender is any person vagina by the penis is coupled with the intent to penetrate;
otherwise, there can only be acts of lasciviousness. Inasmuch as the
In qualified trespass, the offender enters a dwelling touching of the victim's organ by the penis of accused was but a
house; in other forms of trespass, the offender enters closed mere incident of the "rubbing against or between the victim's thighs"
premises or fenced estate. which in no way manifests an act preliminary to sexual intercourse,
accused-appellant should only be convicted of acts of
In qualified trespass, the place entered is inhabited; in the lasciviousness.
second, the place entered is uninhabited.

In qualified trespass, the act constituting the crime is

dwelling against the will of the owner, in other forms of trespass, it 37. Acts of Lasciviousness vs. Grave Coercion
is entering the closed premises or the fenced estate without securing
the permission of the owner or caretaker thereof. If a victim was taken from her house against her will,
slapped and maltreated, her drawers taken off and her hands and feet
In qualified trespass, the prohibition to enter is express bound by the accused to compel her to admit that she stole the shoes
or implied; in other forms of trespass, the prohibition to enter must of a certain person, the crime was grave coercion. (People vs.
be manifest. Fernando et al., 8 A.C. Rep 219)

33. Robbery with Force Around Things vs. Robbery with In this Bailoses case, the compulsion by beating the girl
Violence Against Intimidation of Persons. is included in the constructive element of force in the crime of act
of lasciviousness. In the Fernando case, the compulsion is the very
Robbery with force upon things must be committed in an act constituting the offense of grave coercion (compelling the
inhabited place and by a band; while robbery with violence against offended party to admit the theft).
or intimidation of persons must be committed in an uninhabited
place or by a band.

34. Brigandage vs. Robbery in Band

Both brigandage and robbery in band require that the

offenders form a band of robbers.

In brigandage, the purpose of the offenders is any of the

following: (1) to commit robbery in the highway; or (2) to kidnap
persons for the purpose of extortion or to obtain ransom; or (3) for
any other purpose to be attained by means of force and violence, in
robbery in band, the purpose of the offenders is only to commit
robbery, not necessarily in the highway.

In brigandage, the mere formation of a band for any of

the purposes mentioned in the law is sufficient, as it would not be
necessary to show that the band actually committed robbery in the
highway, etc.; in robbery in band, it is necessary to prove that the
band actually committed robbery, as a mere conspiracy to commit
robbery is not punishable.