COMMONLY VIOLATED

LAWS UNDER THE

REVISED PENAL CODE

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 Murder
Homicide
Physical Injuries
Kidnapping
Illegal Detention
Theft
Robbery
Assault
Alarm and Scandal
Adultery
Concubinage
Acts of Lasciviousness11/18/2019
 Elements Murder Homicide

Unlawful act Killing of another

E
L
Committed by whom Accused
E
M
Attended by Not attended by
E Manner of Execution qualifying qualifying
N circumstances circumstances for
murder
T
S Relationship of Not a legitimate/illegitimate father, mother,
offended party and child (not less than 3 days old), other
accused legitimate ascendant, descendant or spouse

Penalties Reclusion Reclusion temporal

perpetua to death

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Qualifying Circumstances for Murder
1. Treachery
where the offended party was denied the chance to
defend himself because of the means, methods,
deliberately adopted by the offender and were not
merely incidental to the killing.
taking advantage of superior strength
with the aid of armed men
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 railroad,
fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin;
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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. Evident Premeditation
Act of the offender manifestly indicating that he clung
to his determination to kill his victim

6. Cruelty
deliberate and inhumane adding of suffering to the
victim, or outraging or scoffing at his person or corpse

N.B. qualifying circumstances must be alleged in the complaint however

only one can be considered and the rest is only aggravating circumstance

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Physical Injuries
Modes of Commission:
(1) By wounding;
(2) By beating;
(3) By assaulting; or
(4) By administering injurious substance. (Art. 264)

Types
Slight Physical Injuries
Less Serious Physical Injuries
Serious Physical Injuries

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 Slight Less Serious
Physical Physical Serious
Injuries Injuries Physical Injuries

Effect to With or With injury but not With or without injury and
Offended without as described under results to the following:
party injury serious physical 1. becomes insane,
injuries imbecile, impotent or
blind;
2. loses any of his senses,
a hand, a foot, an arm, or a
leg;
3. loses the use of/or any
body part;
4. becomes incapacitated
for the work as
consequence of the
physical injuries inflicted;
5. becomes deformed
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 Slight Physical Less Serious Serious Physical
Injuries Physical Injuries
Injuries
Period of May not be Ten (10)-thirty Thirty (30)- ninety
incapacity for prevented to (30) days (90) days
labor engage in
habitual work
or
One (1)- nine
(9) days

Need for May or not

Medical require Requires Requires
Attention

Impossible Not exceed Prision Not more than

Penalty thirty-days correctional in prision mayor
and/or fine not its minimum depending on the
less than two and medium consequences to
hundred (200) periods the offended party
pesos
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Homicide vs Physical Injuries

Homicide Physical Injuries

To harm but not
Intent To kill another
to kill
Effect of the
Offended party is
Act to offended Death
still alive
party
Can be attempted,
Stages of No attempted and
frustrated and
Execution Frustrated stage
consummated

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 Physical Injuries Attempted or Frustrated
Homicide
Attempted homicide may
The offender inflicts be committed even if
physical injury there is no physical injuries
inflicted
The offender has no intent The offender has intent to
to kill the victim kill the victim
Defined by gravity of the Controlled by stages of
injury execution

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KIDNAP FOR RANSOM

- unlawful taking and carrying away of a person

- by force or fraud or against his/her will,

- depriving him/her of his liberty in any manner

- for the purpose of extorting ransom

- as payment for his/her release. (Art. 267 RPC)

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Elements of Kidnapping with
Ransom:

1. An individual was kidnapped

or in any other manner
deprived of liberty.

2. A demand for ransom was

pursued in exchange for the
liberty or release of the
victim;

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 Serious Illegal Detention (Art 267 RPC)
Elements:

1. An individual was detained or deprived of liberty.

2. The detention lasted more than three (3) days.

3. Serious physical injuries were inflicted or threats to kill upon

the person detained have been made.

4. The victim is a minor, female or a public officer except when

the accused is any of the parents.

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DISTINCTIONS OF THE KINDS
OF ILLEGAL DETENTION :

Slight Serious
• victim released within 3 • more than 3 days.
days • Offender may or may not
• Offender did not accomplish his purpose
accomplished his • Criminal action may or
purpose may have not
• No criminal action was • Serious physical injuries
instituted prior the were inflicted
release
• or threats to kill the
person detained have
been made.
• Except if minor, female or
public officer (Art 267)
• The deprivation of liberty of a person
• by force or fraud or
• against his/her will 11/18/2019
Robbery vs Theft
Robbery Theft
Property involved Personal property
Punishable act Unlawful taking

Violence against Accomplished

or intimidation of without the use
Mode of any person OR of violence
commission force upon against or
anything intimidation of
persons or force
upon things.

Ownership of Belonging to another

property involved
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Robbery
Violence against or Use of Force Upon
Intimidation of Things
Person
When The taking is always The taking is robbery only
qualified robbery of FORCE is used to:
as 1. Enter the building
Robbery 2. Break doors,
wardrobes, chests or
any kind of locked or
sealed furniture or
receptacle inside the
building
3. Force them open
outside after taking the
same from the building
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Robbery
Violence against or Use of Force Upon
Intimidation of Person Things
How The penalty depends on: If committed in an
penalty is 1. result of the violence inhabited house,
determine used (homicide, rape, public building, or
d intentional edifice devoted for
mutilation, serious religious worship the
physical injuries, less penalty is based on:
serious or slight physical 1. The value of thing
injuries resulted) and; taken
2. the existence of 2. Whether or not the
intimidation only offenders carry
arms.

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 Offense Imposable Penalty
Robbery with violence against or
intimidation of persons
• if accompanied with the crimes Reclusion perpetua to death
of homicide, rape or intentional
mutilation or arson
• If by reason of robbery, physical Reclusion temporal
injuries was inflicted
Robbery by the use of force upon
things
• In an inhabited house of public Reclusion temporal
building or edifice devoted to
religious worship
• In an uninhabited place and by Maximum period reclusion
band temporal
Theft
• Depending on the value of the Arresto Menor to Prision Mayor
personal property involved
Qualified Theft Two degrees higher from penalty
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for ordinary theft
Other Forms of Theft

• Failure to deliver a found lost property to its

owner or the proper authorities

• Removal or usage of fruits or objects of the

damage maliciously caused by the accused
himself

• Hunting of fish or gathering of fruits, cereals or

other forest or farm products in an enclosed
estate where trespass is fordbidden or which
properties belong to another

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When theft becomes qualified?

• Committed by a domestic servant

• Committed with grave abuse of confidence
• If the properties stolen are as follows:
a. motor vehicle
b. mail matter
c. large cattle
d. coconuts taken from premises of plantation
e. fish taken from a fishpond or fishery

• Committed on the occasion of fire or fishery,

earthquake, typhoon, volcanic eruption or any other
calamity, vehicular accident or any civil disturbance

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No Frustrated Theft

The theft is consummated & taking is completed

once the culprit is able to place the thing taken
under his control, and in such a situation that he
could dispose of it at once. The offender has either
complete control of the property (consummated) or
without (attempted). Intent to gain is presumed from
the unlawful taking of personal property belonging to
another.

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Assaults
Direct assaults.
Any person or persons who, without a public uprising, shall employ
force or intimidation for the attainment of any of the purpose enumerated in
defining the crimes of rebellion and sedition, or shall attack, employ force,
or seriously intimidate or resist any person in authority or any of his agents,
while engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prision correccional in its medium
and maximum periods and a fine not exceeding P1,000 pesos, when the
assault is committed with a weapon or when the offender is a public officer
or employee, or when the offender lays hands upon a person in authority. If
none of these circumstances be present, the penalty of prision correccional
in its minimum period and a fine not exceeding P500 pesos shall be
imposed.

Indirect assaults.
The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding P500 pesos shall be imposed upon any person who
shall make use of force or intimidation upon any person coming to the aid of
the authorities or their agents on occasion of the commission of any of the
crimes defined in the next preceding article. 11/18/2019
Alarms and scandals. - The penalty of arresto menor or a fine not
exceeding P200 pesos shall be imposed upon:
1. Any person who within any town or public place, shall discharge
any firearm, rocket, firecracker, or other explosives calculated to
cause alarm or danger;
2. Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged
in any other nocturnal amusements, shall disturb the public peace;
or
4. Any person who, while intoxicated or otherwise, shall cause any
disturbance or scandal in public places, provided that the
circumstances of the case shall not make the provisions of Article
153 applicable. 11/18/2019
 Offended
Felony Manner of Commission Offender/s
Party
Married woman having sexual Married husband
intercourse with a man not her woman
husband; or Man who has and
carnal knowledge with a paramour
Adultery woman knowing her to be
married, even if the marriage
be declared subsequently
declared void

Keeping a mistress in the Married Wife

conjugal dwelling, or having man and
sexual intercourse, under concubine
Concubinage scandalous circumstances,
with a woman not his wife or
cohabiting with her in any
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other place
Acts of lasciviousness. - Any person who shall commit
any act of lasciviousness upon other persons of either sex,
under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise

unconscious; and

3. When the woman is under twelve years of age, even

though neither of the circumstances mentioned in the two
next preceding paragraphs shall be present

shall be punished by prision correccional.

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