Elements of the Revised Penal Code (RPC) PDF

Art. Elements Notes 114 Treason 1.​There is a war in which the Philippines is involved Levying war: 2.​The offender is either —...

Art. Elements Notes 114 Treason 1.​There is a war in which the Philippines is involved Levying war: 2.​The offender is either — 1.​There must be an actual assembly a.​A Filipino citizen, or of men b.​A foreginer who is residing in the Philippines 2.​It is for the purpose of executing or 3.​The said offender either — effecting a treasonable design by a.​Levies war against the Philippine Government or force b.​Adheres to the enemies by giving them aid or comfort Two ways of Proving treason: 1.​ Testimony of 2 witnesses at least to the same overt act 2.​ Open court confession of guilt 115 Conspiracy and Proposal to Commit Treason 116 Misprision of Committed by any Filipino who, in times of war in which th Treason ePhilippines is involved, failed to disclose or to divulge to the local authorities a conspiracy ot commit treason that will come to his knowledge 117 Espionage Two ways: 1.​Entering any warship, fort, or naval or military establishment or reservation without authority therefor, for th purpose of obtaining any information, plans, photographs, or other data of confidential nature, relative to the defense of the Philippines 2.​By disclosing to a representative of a foreign nation the contents of the articles, data, or other information referred to in par 1 Art 117 which he had in his possession by reason of the public office that he holds 118 Inciting to War 1.​The offender performs unlawful or unauthorized acts by the Philippine government 2.​The said act provotes or gives occasion for a war involving or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons and property while they are in a foreign country 3.​He is not legally authorized to do so 119 Violation of 1.​There is a war but the Philippines is not involved in the said newutrality war 2.​The ocmpetent authority issued a regulation for the purpose of enforcing neutrality among Filipino citizens 3.​The offender violates such regulation imposed and sided with one of the warring countries 120 Corresponden 1.​That it is the time of war in which the Philippines is involved ce with Hostile 2.​The offender makes correspondence with an enemy country Country or any territory occupied by enemy troops 3.​The correspondence is either a.​Prohibited by the Philippine government b.​Carried out in chiphers or conventional signs c.​Containing notice or information which might be useful to the enemy 121 Flight to 1.​There is a war in which the Philippines is involved enemy country 2.​The offender must be owing allegiance to the country 3.​Going or fleeing to the enemy country is prohibited by competent authority 122 Simple Piracy 1.​A vessel is on the high seas or in Philippine waters 2.​The offenders are not members of its complement or passengers of the vessel  3.​The offenders either: a.​Attack or seize that vessel b.​Seize the whole or part of the cargo of said vessel, its equipment or personal belongings or its complement or passengers 122 Mutiny 1.​The vessel is on the high seas or on Philippine waters 2.​The offenders are members of the complement or passengers of the vessel 3.​The offenders raise a commotion or disturbance on board the ship agains tlawful command or fuperior authority 123 Qualified 1.​Whenever the offenders have seized a vessel by boarding Piracy or firing upon the same; 2.​Whenever the pirates have abandoned their victims without means of saving themselves, or 3.​Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. 124 Arbitrary 1.​He is a public officer or employee vested with authority to 2nd element: public officer places detention effect arrest and detain a person another in confinement, imprisonment, or 2.​He detains another the moment there is a restraint in the 3.​Without legal ground liberty of the other person 3rd element: when there is no valid arrest warrant or no valid warrantless arrest If there was no actual physical detention, the determinative factor is the fear instilled in the minds of the victims 125 Delay in the 1.​The offender is a public officer vested with the authority to a.​12 hours, for crimes punishable by delivery of effect arrest and detain a person light penalties, or their equivalent detained 2.​He detains another person based on some legal ground b.​18 hours, for crimes punishable by persons to the 3.​He fails to deliver the detainee within 12/18/36 hours correctional penalties, or their proper judicial equivalent authorities c.​36 hours, for crimes punishable by afflictive or capital penalties, or their equivalent Delivery = the act of filing the case, constructive delivery = delivery to proper judicial authorities 126 Delaying 1.​The offender is a public officer or employee release 2.​That there is a judicial or executive order for the release of the prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person. 3.​That the offender without good/valid reason delays: a.​the service of the notice of such order to the prisoner; b.​the performance of such judicial or executive order for the release of the prisoner; c.​the proceeding upon a petition for the release of such person. 127 Expulsion 128 Violation of 1.​The offender is a public officer or employee Domicile 2.​He is not authorized by a judicial order to enter the dwelling of another 3.​He enters the dwelling of anothe rin any of the following manner: a.​When the entry is done against the will of the owner b.​When he searches papers or effects found therein without the previous consent of the owner c.​After having surrepititiously entered the dwelling of  another, he was discovered and ordered to leave but he refuses to leave 129 Search 1.​When the search warrant is illegally or maliciously procured, warrants that is the search warrant was procured without just cause maliciously 2.​When although the search warrant was legally procured, the obtained and peace officer exceeded the authority in the said search abuse in the warrant service of 3.​When although the search warrant was legally procured, the those legally peace officer employed excessive severity in the obtained implementation of the said search warrant 130 Searching When although the search warrant was legally procured, the domicile search was conducted in the absence of the owner of the without house, or any member of his family, or 2 persons residing in witnesses the same locality 131 Prohibition, 1.​By prohibiting or by interrupting, dissolving, without legal interruption ground, the holding of a peaceful meeting, or by dissolving th and dissolution esame of peaceful 2.​By hindering any person from joining any lawful association meetings. or from attending any of tis meetings 3.​By 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 132 Interruption of 1.​This is committed by an offender who is a public officer or religious employee worship 2.​Then there is a religious ceremony or manifestations of any religion are about to take place or is going on 3.​That the offender prevents or disturbs the said religious worship or religious ceremony 133 Offending the 1.​Committed by a public officer or employee or a private religious individual feelinds 2.​The said offender performs acts in a place devoted to religious worship or during the celebration of any religious ceremony 3.​The act must be notoriously offensive to the feelings of the faithful 134 Rebellion or 1.​That there be public uprising on taking up of arms against Insurrection the government 2.​The purpose of said public uprising is to attain any ofthe following: a.​To remove from the allegiance to the Philippine Government or its laws, the territory of the Philippines or any part thereof or of any body of land, naval, or other armed forces b.​To prevent the Chief Executive or Congress, Wholly on partially of any of their powers on prerogatives 135 Coup d'etat A swift attack accompanied by force, intimidation, threat, strategy, or stealth directed against duly constituted authorities of the Republic of the Philippines or any military camps or installation, communication networks, or public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons belonging to the military or police or holding any public office or employment with or without civilian support on participation for the purpose of seizing or diminishing state power 138 Inciting to 1.​Offender must not be in open hostility and is not a party to Rebellion or the rebellion or insurrection insurrection 2.​The offender incites others to uprise publicly for any of the purposes of rebellion or insurrection  3.​The inciting is done by means of speeches, proclamations, writings, emblems, banners and other representations tending to the same end 139 Sedition 1.​offenders rise publicity and tumultuously 2.​they employ witherace, intimidation or any other means outside the legal methods 3.​the purpose is to attain any of the following: a.​to prevent the promulgation or execution of any law or the holding of a popular election b.​To prevent the National Government or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions or to prevent the execution of any administrative order c.​to inflict any of hate or reverse upon the person or property of any public officer or employee d.​to commit, for my political or social end, any person, municipality or province or the National Government of all its property or any part thereof 142 Inciting to 4.​Offender must not be in open hostility and is not a party to Sedition the rebellion or insurrection 5.​The offender incites others to uprise publicly for any of the purposes of rebellion or insurrection 6.​The inciting is done by means of speeches, proclamations, writings, emblems, banners and other representations tending to the same end 143 Acts tending to 1.​There is a meeting of Congress or any of its committees or prevent the subcommittees, constitutional commissions or committees meeting of or divisions thereof, or of any provincial board or city or Congress municipal councilor board; and 2.​The offender by means of force or fraud, prevented the said meeting 144 Disturbance of 1.​There is a meeting of Congress or of any of its committees Proceedings or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal councilor board; and 2.​The offender either: a.​disturbs any of such proceedings; b.​behaves while in the presence of any such bodies in such manner as to interrupt its proceedings or to impair the respect due it. Art Violation of 1.​Committed by any person who by means of force, 145 Parliamentary intimidation, fraud, or threat, or any other means prevents Immunity any member of the Congress from attending its meeting, expressing his opinion, or from explaining or casting his vote 2.​Committed by any public officer who shall arrest or search any member of Congress while Congress is in its regular or special session, that when the crime committed by said member of Congress carries a penalty not higher that prison mayor (not higher that 6 years) Art. Illegal Two Kinds 146 Assemblies 1.​Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the RPC Elements: a.​There is a meeting, gathering, or group of persons, whether in a fixed place or moving b.​The meeting is attended by armed persons c.​The purpose of the meeting is to commit any of the crimes punished under the RPC 2.​Any meeting in which the audience, whether armed or not, is incited to commit Treason, Rebellion or Insurrection, Sedition or Assault upon a person in authority or his agents  Elements: a.​There is a meeting, gathering, or group of persons, whether in a fixed place or moving b.​The audience may be armed or not c.​The audience was incited to commit Treason, Rebellion or Insurrection, Seiditon, or Direct Assault 147 Illegal Two Kinds Associations 1.​Associations totally or partially organized for the purpose of committing any of the crimes punishable under the RPC. 2.​Associations totally or partially organized for the purpose of committing crimes against public morals. Art Direct Assault Two Kinds 1st Element: attack; 148 1.​Without public uprising, by employing force or intimidation, ​ To agent of person in authority = for the attainment of any of the purposes of Rebellion or dangerous, serious, grave Sedition ​ To person in authority = any physical Elements: attack ie mere laying of hands a.​ The offender employs force or intimidation; 2nd Element: offended party b.​ The aim of the offender is to attain any of the purposes ​ Person in authority: of the crime of rebellion or any of the objects of the ​ Agent of person in authority crime of sedition; and 3rd Element: when c.​ There is no public uprising. ​ In the performance of his official 2.​Without public uprising, by attacking, by employing force or functions = auto seriously intimidating or by seriously resisting a person in ​ Not in performance = DA only if authority, while in the performance of his official functions or done by reason of or on occasion of on occasion of such performance of his official functions such performance of official duty Elements: a.​The offender attacks, employs force, makes serious desistance or serious intimidation b.​The person assaulted is a person in authority or an agent of a person in authority c.​At the time of the assault, the person in authority or his agent is engaged in the performance of his official functions, or the assault was done on occasion of such performance of official function d.​Offenders know that he is a person in authority or agent of person in authority e.​There is no public uprising Qualified Direct Assault 1.​With use of weapon 2.​Offender is a public officer or an employee 3.​Offender lays hands upon a person in authority Complex Crimes - when by reason of DA, a felony resulted 1.​Person in authority dies 2.​Person in Authority sustained fatal wound but survived 3.​Person in Authority sustained physical injuries Art Indirect 1.​Person in Authority or his agent is a victim of Direct Assault 149 Assaults 2.​Someone came to his aid 3.​Said offender employed force or intimidation on that someone who gave aid to the said person in authority or agent who is victim of DA 150 Disobedience Acts Punished: to Summons 1.​By refusing, without any legal excuse, to obey summons issued by issued by the Congress or any of its committees, Congress Constitutional Commissions, or subcommittees 2.​By refusing to be sworn or to be placed under affirmation while being before such legislative or constitutional body or official 3.​By refusing to answer any legal inquiry or to produce any books, papers, or documents in his possession, when required by such legislative or constitutional body to do so 4.​By restraining another to attend as a witness in such legislative or constitutional body 5.​By inducing disobedience ot a summons or refusal to be  sworn by such legislative or constitutional body Art Resistance Two Kinds 151 and 1.​Resistance and Serious Disobedience Disobedience Elements a.​A person of authority or his agent is engaged in the performance of his official functions or gave a lawful order b.​Offender disobeys or resisted the said order c.​Said resistance or disobedience is serious in nature, but it does not amount to DA, IA, or Disobedience to Summons 2.​Simple Disobedience Elements a.​Agent of person in authority gives a lawful order b.​Offender disobeys the said order c.​Such disobedience is not serious in nature Art Persons in Authority 152 ​ Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission ​ Barrio captain and a barangay chairman ​ Teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Persons in Authority ​ A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property ​ Barrio councilman, barrio policeman and barangay leader ​ Any person who comes to the aid of persons in authority 153 Tumults and 1.​By causing any serious disturbances in a public place, As to the Person of the Offender: other office, or establishment ​ Art 153 — The offender can be any disturbances 2.​By interrupting or disturbing performances, functions, or public officer or employee, or he can peaceful gatherings or peaceful meetings, Provided that the be a private person act does not constitute a violation of Art 131 prohibition, ​ Art 131/132 — Since it is under Title II: interruption, and dissolution of peaceful meetings and Article Crimes Against the Fundamental Law 132 interruption of religious worship. of the State, the offender is always a 3.​By making any outcry tending to incite rebellion or sedition public officer or employee. in any meeting, association, or public place 4.​By displaying placards or emblems which provoke a If the offender is a public officer: disturbance of public order in such meeting, association, or ​ Art 153 — The said public officer public place offender who is making the interruption 5.​By burying with pomp, the body of a person who has been or disturbance must be a participant in legally executed. the said peaceful gathering or function. ​ Art 131/132 — The public officer offender making the disturbance or interruption is an outsider insofar as the said public gathering or religious worship is concerned. Purpose: ​ 153 — To disturb the peaceful gathering. ​ Art 131/132 — To prevent a person from freely exercising his freedom of speech, expression, gathering, association, or to religious worship. 154 Unlawful use 1.​By publishing or causing to be published by means of of means of printing lithography or any other means of publication, as publication and news any false news which may endanger the public order,  unlawful or cause damage to the interest or credit of the State. utterances 2.​By encouraging disobedience to the law or to the constituted authorities or by praising, justifying, or extolling any act punished by law. 3.​By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially. 4.​By printing, publishing, or distributing books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. 155 Alarms and Acts Punishable RA 11926; discharge of firearm no longer Scandals 1.​By discharging any rocket, firecracker, or other explosives alarms and scandals within any town or public place calculated to cause alarm ​ Intent to kill = attempted and danger homicide or murder 2.​By instigating or taking an active part in any charivari or ​ No intent = illegal discharge of other disorderly meeting offensive to another or prejudicial to firearms Art 254 public tranquility 3.​By disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement 4.​By causing any disturbance or scandal in public places, whether intoxicated or otherwise, provided the act does not amount to Violation of Art 153 156 Delivery of 1.​There is a prisoner confined in jail or any other penal prisoners from institution jail 2.​The offender removes the said prisoner from jail or assisted in the removal of the said prisoner from jail or penal institution Qualified 1.​Use of violence, intimidation, bribery 157 Evasion of 1.​Offender is a prisoner convicted by final judgment Service of 2.​Serving his sentence which involves deprivation of liberty Sentence 3.​Evades the service of his sentence by escaping during the term of his sentence Qualified 1.​When the escape is done by means of unlawful entry 2.​Breaking any wall, roof, floor, door, or window 3.​Using disguise, deceit, violence or intimidation 4.​With help of an inmate or employee of the penal institution 158 Evasion of 1.​Offender is a prisoner convicted by final judgment Sentence in 2.​He is serving his sentence in a penal institution Times of 3.​There is a calamity or disorder arising from conflagration, Calamity and earthquake, explosion, similar catastrophe, or mutiny in Disorder which the offender has not participated 4.​Offender evades service of sentence by leaving the penal institution where he is confined on the occasion of such disorder or mutiny 5.​Offender fails to give himself up to teh authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing of such calamity 159 Evasion of 1.​Offender is a prisoner convicted by final judgment Service of 2.​Granted conditional pardon by the President Sentence by 3.​Violates any of the terms or conditions attached to the grant Violation of of such pardon Conditional Pardon 160 Commission of Quasi-recidivism special aggra another crime during service of penalty imposed for another  offense; 161 Counterfeiting Acts Punished the great seal 1.​Forging the Great Seal of the Government of the of the Philippines. government of 2.​Forging the signature of the President. the Philippine 3.​Forging the stamp of the President. Islands, forging the signature or stamp of the Chief Executive 162 Using of forged 1.​That the Great Seal of the Republic was counterfeited or the signature or signature or stamp of the Chief Executive was forged by counterfeit seal another person; or stamps 2.​That the offender knew of the counterfeiting or forgery; and 3.​That he used the counterfeit seal or forged signature or stamp. 163 Making and Acts Punished ​ Counterfeiting = copying or imitation importing and 1.​Counterfeiting of Coins — when the offender copies or of a genuine or authentic coin, uttering false imitates the peculiar design of a genuine or authentic coin in regardless of whether in circulation or coins order to produce a spurious one. not 2.​Importing False coins — when the offender brings into ​ Coins = counterfeiting; Seal = forgery Philippine ports any false or counterfeited coins. 3.​Uttering of False Coins —- when the offender circulates, passes, gives away from one person to another these false or counterfeited coins. 164 Mutilation of ​ Mutilating coins of the legal currency, with thefurther ​ Mutilation = scratching or coins; requirement that there be intent to damageor to defraud scrapping off part of the metal another. content of coins to diminish the ​ Importing or uttering such mutilated coins, with thefurther intrinsic value of a coin that is requirement that there must be connivancewith the mutilator presently in circulation or importer in case of uttering. ​ Instruments issued by BSP = forgery; ​ Documents = falsification 165 Selling of 1.​ Possession of coin, counterfeited or mutilated by Mutilated another person, with intent to utter the same,knowing Coins that it is false or mutilated. a.​ Possession b.​ With intent to utter c.​ Knowledge is an essential element 2.​ Actually uttering such false or mutilated coins knowing the same to be false or mutilated. a.​ Actually uttering such false or mutilated coin b.​ Knowledge 166 Forging Acts Punished treasury or 1.​ Forging or falsification of treasury or banknotes or bank notes or other documents payable to bearer. othe 2.​ Importation of such false or forged obligations or documents notes. payable to 3.​ Uttering of such false or forged obligations or notes in bearer connivance with the forgers or importers. 167 Counterfeiting, 1.​ That there be an instrument payable to order or other importing and document of credit not payable to bearer. uttering 2.​ That the offender either forged, imported or uttered instruments such instrument. not payable to 3.​ That in case of uttering, he connived with the forger or bearer importer 168 Illegal 1.​That any treasury or bank note or certificate or other possession obligation and security payable to bearer, or any instrument  and use of payable to order or other document of credit not payable to false treasury bearer is forged or falsified by another person. or bank notes 2.​That the offender knows that any of the said instruments is and other forged or falsified. instruments of 3.​That he either used or possessed with intent to use any of credit such forged or falsified instruments 169 How forgery is 1.​By giving to a treasury or bank note or any instrument committed payable to bearer or to order mentioned therein, the appearance of a true and genuine document. 2.​By erasing, substituting, counterfeiting, or altering by any means the figures, letters,words, or sign contained therein. 170 Falsification of 1.​That there be a bill, resolution or ordinance enacted by or legislative approved or pending approval by either house of legislative documents or any provincial board or municipal council 2.​Offender alters the same 3.​He has no authority therefor 4.​Altercation changed the meaning of the document 171 Falsification by 1.​Offender is a public officer, employee, or notary public Second element: “Taking advantage” public officer, 2.​He took advantage of his official position or function ​ He has the duty to make or prepare employee, or 3.​He falsifies a document through the following acts: or otherwise intervene in the notary or a.​ By counterfeiting or imitating any handwriting, signature, preparation of the document that has ecclesiastical or rubric been falsified minister b.​By causing it to appear that persons have participated in OR any act or proceeding when they did not in fact so ​ He has the official custody of the participate document which has been falsified c.​By attributing to persons who have participated in an act or proceeding any statement other than those in fact made by them d.​By making untruthful statements in a narration of facts i.​The offender made untruthful statements in a narration of facts ii.​He has the legal obligation to disclose the truth in the said narration of facts iii.​The facts stated by him were absolutely false e.​By altering true dates f.​ By making any alteration or intercalation in a genuine document which changes its meaning g.​By issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists or by including in such a copy a statement contrary to or different from that of the genuine original h.​By intercalating any instrument or note relative to the issuance thereof in any protocol, registry, or official book 4.​If offender is an ecclesiastical minister, the document falsified must affect the civil status of persons 172 Falsification by Three Acts Punishable: c.​ private 1.​Falsification of a public, official, or commercial individual and document by a private person use of falsified a.​Offender is a private person or a public official acting in documents his private capacity b.​He commits any act of falsification under Art 171 c.​The said acts of falsification were committed in a public, official, or commercial document 2.​Falsification of a private document by any person a.​The offender is any person b.​He commits any act of falsification under Art 171 except par. 7 c.​The document falsified is a private document and there was intent to cause damage or damage was caused to a private person or to a third person 3.​Use of falsified document a.​If the falsified document is used in judicial proceeding, no need to prove damage or intent to damage  b.​If document is used in any other official transaction outside judicial proceedings, damage ot intent to cause damage must be proven 173 Falsification of 1.​Uttering fictitious, wireless, telegraph or telephone message wireless, 2.​Falsifying wireless, telegraph or telephone message cable, 3.​Using such falsified message telegraph, and telephone messages, adn use of said falsified messages 174 False medical 1.​Any physician or surgeon who, in connection, with the certificates, practice of his profession, shall issue a false certificate; and false 2.​Any public officer who shall issue a false certificate of merit of certificates of service, good conduct or similar circumstances. merits or 3.​Any private person who shall falsify a certificate falling within service the classes mentioned in the two preceding subdivisions. 175 Using false Any one who shall knowingly use any of the false certificates certificates mentioned in the next preceding article 176 Manufacturing 1.​Making or introducing into the Philippines any stamps, dies, and marks or other instruments or implements for counterfeiting possession of or falsification. instruments or 2.​Possessing with intent to use the instrument or implements implements for for counterfeiting or falsification made in or introduced into falsification the Philippines by another person. 177 Usurpation of 1.​Usurpation of Public Authority; and authority or a.​when a person knowingly and falsely represents himself official to be an agent, officer or representative of any functions department or agency of the Philippine Government or of a foreign government. b.​Mere act of false representation will consummate 2.​Usurpation of Official Functions. a.​when a person performs an act pertaining to a person in authority or a public officer, either of the Philippine Government or of a foreign government under false pretense of official position without being lawfully entitled to do so. b.​The offender must perform an act. The said act pertains either to a person in authority or to a public officer either of the Philippine Government or of a foreign government. 178 Using a Elements of Using a Fictitious Name Anti-alias law Fictitious 1. The offender uses a name other than his real name; Name or 2. The offender uses the said name publicly; Concealing 3. The purpose of the offender is either – True Name a. To conceal a crime; b. To evade the execution of a judgment; or c. To cause damage to the public interest. Elements of Concealing True Name 1. The offender conceals his real name and other personal circumstances; 2. The purpose of the offender is to conceal his real identity. 179 Illegal use of 1. The offender makes use of insignia, uniform, or dress uniforms and 2. That the insignia, uniform or dress pertains to an office not insignia being held by the offender or to a class of person of which he is not a member. 3. That the said insignia, uniform or dress is used publicly and improperly. 180 False Elements of False Testimony Against a Defendant 4th element - needed for the penalty testimony 1. There is a criminal proceeding; against a 2. The offender testified falsely under oath against the defendant defendant; 3. The offender knew that his testimony is false; and 4. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. 181 False 1. There is a criminal proceeding; testimony 2. The offender testified falsely under oath against the favorable to a defendant; defendant 3. The offender knew that his testimony is false 182 False 1.​The testimony must be given in a civil case testimony in 2.​The testimony must relate to the issues presented in said civil cases case (relative or pertinent) 3.​The testimony must be false 4.​The false testimony must be given by the defendant knowing the same to be false. 5.​The testimony must be malicious and given with intent to affect the issues presented in the said case 183 Perjury 1.​That the accused made a statement under oath or executed Two ways of committing: makes a an affidavit upon a material matter. statement under oath on a material 2.​That the statement or affidavit was made before a competent matter OR executing an affidavit upon a officer, authorized to receive and administer oath. material matter 3.​That in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood. ALWAYS made before a competent 4.​That the sworn statement or affidavit containing the falsity is public officer duly authorized to receive required by law or made for a legal purpose. and administer oath Quasi-judicial, administrative, labor, etc as long as not criminal IF there is presence of coercion, threat, or civil proceeding or intimidation, no perjury, not deliberate RA 11594 amended penalty = prison mayor minimum and fine Galeos vs Galmar 1M pesos; elevate from less grave felony under MTC to a grave Falsity on SALN = perjury not felony under RTC falsification; Always under oath 184 Offering false 1. The offender offered in evidence a false witness or false Amended by RA 11594 testimony in testimony. evidence 2. The offender knew the witness or the testimony was false. 3. The offer was made in a judicial or official proceeding. 185 Machinations SOLICITING GIFT OR PROMISE in public ​ By soliciting any gift or promise as a consideration for auctions refraining from taking part in any public auction. ​ The mere act of soliciting any gift or promise, so that he will refrain from taking part of the public auction, will already give rise to the crime. It is not necessary that he actually received the gift, it is not necessary that he actually will not participate in the said auction. ELEMENTS: 1. There be a public auction. 2. The accused solicited any gift or a promise from any of the bidders. 3. That such gift or promise was the consideration for his refraining from taking part in that public auction. 4. The accused had the intent to cause the reduction of the price of the thing auctioned. II. ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY ​ By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice ​ The mere attempt to cause bidders not to participate in the said public auction by threats, gifts or promise will already  give rise to the crime. It is not necessary that the bidders would not actually participate. ELEMENTS: 1. There be a public auction 2. The accused attempted to cause the bidders to stay away from that public auction. 3. It was done by threats, gifts, promises or any other artifice. 4. The accused had the intent to cause the reduction of the price of the thing auctioned. 186 Monopolies COMBINATION TO PREVENT FREE COMPETITION IN THE and MARKET combinations ​ This is committed by any person who shall enter into in restraint of any contract or agreement or taking part in any trade combination whether in the form of trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market. II. MONOPOLY TO RESTRAIN FREE COMPETITION IN THE MARKET ​ This is committed by monopolizing any merchandise or object of trade or commerce or by combining with any other person or persons in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market. III. MANUFACTURER, PRODUCER, OR PROCESSOR OR IMPORTER COMBINING, CONSPIRING OR AGREEING WITH ANY PERSON TO MAKE TRANSACTIONS PREJUDICIAL TO LAWFUL COMMERCE OR TO INCREASE THE MARKET PRICE OF MERCHANDISE 187 Importation 1.​The offender IMPORTS, SELLS or DISPOSES any article or and disposition merchandise made of gold, silver, other precious materials, or of falsely their alloys marked articles 2.​That the STAMPS, BRANDS, or MARKS of those articles or merchandise FAIL TO INDICATE the actual fitness or quality of said metals or alloys. 3.​The OFFENDER KNOWS that the stamps, brands or marks fail to indicate the actual fitness or quality of the metals or alloys. dru RA 9165 Sec 4 Importation of Dangerous Drugs and/or controlled precursors gs and essential chemicals Sec 5 Sale, Sale of Illegal Drugs General rule: the poseur-buyer is not trading, 1.​ The identity buyer and seller indispensable in a case of illegal sale of administration, 2.​ Object and the consideration dangerous drugs dispensation, 3.​ Delivery of the thing sold and the payment thereof XPN: when the accused denies the delivery, existence of the transation, if the distribution, prosecution fails to present the poseur and buyer to testify in court it will amount to transportation the dismissal of dangerous drugs 203 Who are Public any person who, by direct provision of the law, popular election Officers or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of 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. 204 Knowlingly 1.​The offender is a judge  rendering 2.​He renders a judgment in a case submitted to him for unjust decision judgment 3.​The judgment is unjust 4.​He knows that the judgment is unjust 205 Judgment 1.​The offender is a judge rendered 2.​He renders a judgment in a case submitted to him for through decision negligence 3.​The judgment is manifestly unjust 4.​That it is due to his inexcusable negligence or ignorance 206 Unjust 1.​The offender is a judge interlocutory 2.​He performs either of the following: order a.​knowingly renders an unjust interlocutory order or decree b.​Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance 207 Malicious 1.​The offender is a judge delay in the 2.​There is a proceeding in his court administration 3.​He delays the administration of justice of justice 4.​The delay is malicious and caused by the judge with deliberate intent to inflict damage on either party in the case 208 Dereliction of 1.​The offender is a public officer or an officer of the law who duties has a duty to cause the prosecution of or to prosecute offenses 2.​He commits dereliction of the duties of his office in any of the following manner: a.​Knowing the commission of a crime, he does not cause the prosecution of the criminal b.​Knowing that a crime is about to be committed, he tolerates its commission 3.​The offender acts with malice or deliberate intent to favor the violator of the law 209 Betrayal of 1.​By causing damage to his client either by malicious breach of trust by an professional duty or by inexcusable negligence attorney 2.​By revealing any of the secrets of his client learned by him in his professional capacity 3.​By undertaking the defense of the opposing party in the very same case after having obtained confidential information from the first party 210 Direct Bribery 1.​The offender is a public officer 2.​He commits any of the following acts: a.​By agreeing to perform or performing in consideration of an offer promise, gift or present, an act constituting a crime in connection with the performace of his official duties b.​By accepting any gift or present in consideration for the execution of an act which does not constitute a crime in connection with the performance of his duties c.​By agreeing to refrain or refraining from doing an act which is his official duty to do so in consideration of a gift, promise, offer or present. 211 Indirect Bribery 1.​The offender is a public officer 2.​He accepts gifts 3.​The gifts are offered to him by reason of his public office 211 Qualified 1.​The offender is a public officer in charge of law enforcement -A Bribery 2.​The public officer does not arrest or prosecute an offender who has committed a crime punished by reclusion perpetua 3.​The reason is because of a gift, promise, offer, or present given 3019 3(b) 1.​the offender is a public officer;  2.​he requested or received a gift, present, share, percentage or benefit; 3.​he made the request or receipt on behalf of the offender or any other person; 4.​the request or receipt was made in connection with a contract or transaction with the government 5.​he has the right to intervene, in an official capacity under the law, in connection with a contract or transaction has the right to intervene. 3019 3(e) 1.​The accused must be a public officer discharging Manifest partiality - clear, notorious, or administrative, judicial, or official functions; plain inclination or predilection to favor 2.​He must have acted with manifest partiality, evident bad faith, one party over another. AKA bias or gross inexcusable negligence; Evident bad faith - manifest deliberate 3.​His action caused any undue injury to any party, including the intent to do wrong or cause damage; Government, or gave any private party unwarranted benefits, breach of sworn duty through ill will advantage, or preference in the discharge of his functions. Gross inexcusable negligence - a.​ Proof of extent of damage is not essential only that negligence characterized by the want of there is injury suffered or benefit received. even the slightest care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally with conscious indifference to consequences to other persons. 3019 (g) 1.​ that the accused is a public officer 2.​that he entered into a contract or transaction on behalf of the government; 3.​that such contract or transaction is grossly and manifestly disadvantageous to the government. 3019 3(h) 1.​The accused is a public officer; 2.​he has a direct or indirect financial or pecuniary interest in any business, contract or transaction; 3.​he either: a.​intervenes or takes part in his official capacity in connection with such interest, or b.​is prohibited from having such interest by the Constitution or by law 3019 4(a) 1.​That the offender has family or close personal relation with a public official; 2.​that he capitalizes or exploits or takes advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, material or pecuniary advantage from any person having some business, transaction, application, request or contract with the government; 3.​That the public official with whom the offender has family or close personal relation has to intervene in the business transaction, application, request, or contract with the government. 212 Corruption of 1.​Offender makes an offer or offers promises, gifts, or presents Public Officers to a public officer 2.​The offer or promise is made of the gift is given under circumstances what will make the public officer guilty for direct bribery of indirect bribery 213 Frauds against the public treasury and similar offenses 214 Other frauds 215 Prohibited transactions 216 Possession of prohibited interest by a public officer 217 Malversation of 1.​The offender is a public officer or employee public funds 2.​He has the custody of control of funds or property by reason of the duties of his office 3.​Those funds or property were public funds or property for which he was accountable 4.​He appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them 218 Failure of 1.​Offender is a public officer, whether in the service or accountable separated therefrom officer to 2.​He must be an accountable officer for public funds or render property accounts 3.​He is required by law or regulation to render accounts to the Commission on audit or to a provincial auditor 4.​He fails to do so for a period of two months after such accounts should be rendered 219 Failure of a 1.​Offender is a public officer responsible 2.​He must be an accountable officer for public funds or public officer to property render 3.​He must have unlawfully left (or be on the point of leaving accounts the Philippines) without securing from the Commission on before leaving Audit a certificate showing that his accounts have been the country finally settled 220 Illegal use of 1.​Offender is a public officer Public funds or 2.​There is a public fund or property under his administration property 3.​Such public fund or property has been appropriated by law or ordinance Technical 4.​He applies the same to a public use other than that for Malversation which such fund or property has been appropriated by law or ordinance Plu nde r 221 Failure to 1.​That the public officer has government funds in his Punishable acts: make delivery possession 1.​Failure to make payment by a public of public funds 2.​That he is under obligation to make payments from such officer who is under obligation to or property funds make such payment from 3.​He fails to make payment maliciously Government funds in his possession 2.​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 222 Officers who 1.​Private individual in any capacity whatsoever have charge of private property as subject of may be liable national, provincial, or municipal funds, revenue or property malversation?? CUSTODIA LEGIS 2.​Administrator, depository of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual 3.​Those who acted in conspiracy in malversation 4.​Accomplice and accessories to malversation 223 Conniving with 1.​Offender is a public officer  or consenting 2.​He has in his custody or charge a prisoner, either detention to evasion prisoner or prisoner by final judgment 3.​Such prisoner escaped from his custody 4.​That he was in connivance with the prisoner in the latter’s escape, or is with his consent 224 Evasion 1.​Offender is a public officer through 2.​He is charged with the conveyance or custody of a prisoner negligence or custody of prisoner or person under arrest is confided to him 3.​Prisoner or person under arrest escapes 4.​Such prisoner escapes through his negligence 225 Escape of a 1.​Officer is a private individual prisoner under 2.​Conveyance or charge of custody of a prisoner or person the custody of under arrest is confided to him a person not a 3.​Prisoner or person under arrest escapes public officer 4.​Offender consents to the escape of the prisoner or person under arrest or that he escape takes place through his negligence. 226 Removal, 1.​Offender is a public officer Duplo - ordinary airmail, money order, concealment 2.​He removes, destroys, or conceals documents or papers did not return to sender, guilty but lesser or destruction 3.​Said documents or papers should have been entrusted to penalty of documents such public officer by reason of his office 4.​Damage whether serious or not to a third party or to the public interest should have been caused 227 Officer 1.​Offender is a public officer breaking the 2.​He is charged with the custody of papers or property seal 3.​These papers or property are sealeas by proper authority 4.​He breaks the seals or permits them to be broken 228 Opening of 1.​Offender is a public officer closed 2.​Any closed papers, documents, or objects are entrusted to documents his custody 3.​He opens or permits to be opened said closed papers, documents, or objects; and 4.​He does not have proper authority 229 Revelation of Punishable acts: secrets by an 1.​By revealing any secrets which affect public interest learned officer by him in his official capacity a.​Offender is a public officer b.​He knows of a secret by reason of his official capacity c.​He reveals such secret without authority or justifiable reasons d.​Damage, great or small, is caused to the public interest 2.​Wrongfully delivering papers or copies of papers of which he may have charge and which should not be published thereby causing damage, whether serious or not, to a third party or to public interest a.​Offender is a public officer b.​He has charge of papers c.​Those paper should not be published d.​He delivers such papers or copies thereof to a third person e.​The delivery is wrongful f.​ Damage is caused to public interest 230 Public officer 1.​Offender is a public officer revealing 2.​He knows of the secrets of private individual by reason of secrets of his office private 3.​He reveals such secrets without authority or justifiable individual reason 231 Open 1.​Offender is a judicial or executive officer Law Firm of Chavez, Miranda, and disobedience 2.​There is judgment, decision, or order of a superior auhority Aseoche vs Fria: SC: 3rd element 3.​Such, judgment, decision or order was made within the missing: “within the scope of jurisdiction;” scope of the jurisdiction of the supperior authority and and ruling of lack of jurisdiction retroactive; issued with all the legal formalities 4th element missing: “duty bound to 4.​Offender without any legal justification openly refuses to obey” lack of jurisdiction = no legal duty execute the said judgment, decision, or order which he is to obey duty bound to obey 232 Disobedience 1.​Offender is a public officer to Order of 2.​An order is issued by his supersior for execution Superior 3.​He has for any reason suspended the execution of such Officer, when order said officer 4.​His superior disapproves the suspension of the execution of was the order suspended by 5.​Offender disobeys his superior despite the disapproval of inferior officer the suspension 233 Refusal of 1.​Offender is a public officer assistance 2.​Competent authority demands he lend his cooperation towards the administration of justice or other public service 3.​Offender fails to do so maliciously 234 Refusal to 1.​Offender is elected by popular election to a public office Discharge 2.​He refuses to be sworn in or to discharge the duties of the Elective Office said office 3.​There is no legal motive for such refusal to be sworn in or to discharge the duties of said office 235 Maltreatment 1.​Offender is a public officer or employee Offended party = a prisoner; person of Prisoners 2.​He has under his custody a prisoner or detention prisoner already arrested, brought to the PNP 3.​He maltreats such prisoner either by: station, and incarcerated a.​overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge by: If not a prisoner = physical injuries b.​The imposition of punishments not authorized by the rules a regulations Do not complex Maltreatment of c.​Inflicting such punishments authorized in a cruel or Prisoners and Physical injuries; “shall be humiliating manner in addition to the liability for any other 4.​By maltreating such prisoner to extort a confession or to physical injuries or damage caused” obtain some information from the prisoner 236 Anticipation of 1.​That the offender is entitled to hold a public office or Duties of a employment either by election or appointment Public Office 2.​Shall assume the performance of the duties and powers of a public official or employee 3.​Without being sworn into office or having given the bond required by law 237 Prolonging 1.​The offender is holding a public office performance 2.​The period allowed by law for him to exercise such function of duties and and duties has already expired powers 3.​The offender continues to exercise such function and duties 238 Abandonment 1.​The offender is holding a public office Qualified oif the purpose of of Office or 2.​He formally resigns from his office abandonment is to evade the Position 3.​Before the acceptance of his resignation, he abandons his prosecution of crimes involving violations office of Crimes against National Security, or Crimes against Public safety 239 Usurpation of 1.​The offender is an executive or judicial officer legislative 2.​That he: powers a.​Makes general rules and regulations beyond the scope of his authority or b.​Attempts to repeal a law or c.​Suspend the execution thereof 240 Usurpation of 1.​Offender is a judge  Executive 2.​Offender: Functions a.​Assumes the power exclusively vested to executive authorities or b.​Obstructs executive authorities from the lawful performance of their functions 241 Usurpation of 1.​Offender is holding office under the Executive branch Judicial 2.​HE: Functions a.​Assumes the power exclusively vested in the Judiciary OR b.​Obstructs the execution of any order or decision given by a judge within his jurisdiction 242 Disobeying the 1.​Offender is a public officer request of 2.​A proceeding is pending before such public officer disqualification 3.​That there has been a question regarding the jurisdiction brought before the proper authority 243 Orders of 1.​Offender is an executive officer requests by 2.​He addresses any order or suggestion to any judicial executive authority officers to any 3.​The order or suggestion relates to a case or business within judicial the exclusive jurisdiction of the courts of justice authority 244 Unlawful 1.​Offender is a public officer appointments 2.​He nominates or appoints a person to a public office 3.​Such person lacks the legal qualification thereof 4.​Offender knows that his nominee or employee lacks the qualifications at the time he made the nomination or appointment 245 Abuses 1.​Offender is a public officer Three acts: against 2.​He solicits or makes any indecent or immoral advances to a 1.​Public officer solicits or makes any Chastity woman indecent or immoral advances to a 3.​The offended party is a woman who is: woman who is interested in matters a.​Interested in matters pending before the public officer pending before him for his decision or where the public officer is required 2.​Warden or other public officer directly to submit a report or to consult with a superior officer; charged with the care and custody of or prisoners or persons under arrest and b.​Under the custody of the offender who is a warden or he makes an indecent or immoral other public officer directly charged with the care and advances to a woman custody of prisoners or persons under arrest 3.​Warden or other public officer directly c.​The wife, daughter, or sister or any relative falling charged with the care and custody of within the same degree of affinity of the person under prisoners or persons under arrest and the custody and charge of the offender he makes an indecent or immoral advances to the wife, daughter, sister, or other relatives within the same degree of affinity of the male prisoner AM 1.​There is an unlawful activity LA 2.​The proceeds of the unlawful activity are transacted by the 4 accused (a) 3.​The accused knows that the proceeds involve or relate to Lin unlawful activity gad 4.​The proceeds are made to appear to have originated from lawful sources 246 Parricide 1. That a person is killed Relationship must be: 2. That the deceased is killed by the accused ​ legitimate except in parent-child 3. That the deceased is the father, mother, or child, whether ​ direct line legitimate or illegitimate, legitimate other descendant, legitimate ​ relationship by blood except other ascendant, or legitimate spouse of the accused spouses aba exc 1. that a legally married person or a parent surprises his spouse nd2 or his daughter, the latter being under 18 y10 and living with 47 him, in the act of committing sexual intercourse with another Exc person epti 2. that the said legally married spouse or parent kills any or ona both of them or inflicts upon any or both of them any Serious l 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 248 Murder 1. A person kills another 2. the Said act of killing is attended by any of the following qualifying Circumstances a.​treachery, taking advantage of superior strength, aid of armed men, employing means to weaker the defense, or employing means or persons to insure or afford impunity b.​when the act of killing is done in consideration of price, reward, or promise c.​by means of fire, inundation, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles or by any other means involving great waste or ruin d.​on occasion of any calamities enumerated in the preceding paragraph or on occasion of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamities e.​with evident premeditation f.​ with cruelty, deliberately and inhumanly augmenting the suffering of the victim or by outraging or scoffing at his person or corpse 3. The said act of killing does not constitute parricide or infanticide 249 Homicide 1.​A person kills another 2.​The said act of killing is not within Art. 246 and not attended by any of the qualifying circumstances in Art 248 250 251 tumultuous 1. there be several persons ​ victim could be any person, either a affray 2. they did not compose groups organized for the common total stranger on a participant in the purpose of assaulting and attacking each other reciprocally tumultuous affray 3. several persons quarreled and assaulted one another in a confused and tumultuous manner 4. Someone was killed in the course of the affray 5. it cannot be ascertained who actually killed the deceased 6. the person and persons who inflicted serious physical injuries or who used not once can be identified 252 physical 1. there is a tumultuous affray ​ if actual perpetrator can be identified, injuries in 2. a participant thereof suffered Serious physical injuries or 251 & 252 won't apply tumultuous physical injuries of a less serious nature ​ victim must have been a participant of affray 3. the person responsible thereof cannot be identified the tumultuous affray 4. those who appear to have used violence upon the person of the offended party are known 253 assisting Two ways: suicide 1.​by assisting another to commit suicide whether the suicide is Consummated or not 2.​by leading assistance to another to commit suicide to the extent of doing the killing himself 254 Illegal 1.​that the offender discharges a firearm against or at another ​ intent to intimidate or threaten the discharge of person said person firearms 2.​that the offender has no intention to kill that person 255 Infanticide 1.​the deceased is a child less than 3 days old or 72 hours ​ mother kills child less than 72 hours 2.​offender is any person, whether a relative, a parent or a old to conceal dishonor = privileged  stranger mitigating circumstance ​ umbilical cord is already cut ​ intrauterine life of less that 7 months and baby dies after 24 hours 256 Intentional 1.​There is a pregnant woman ways of committing: abortion 2.​violence is exerted, or drugs or beverages be administered ​ by inflicting violence upon the person or that the accused otherwise acts upon such pregnant of a pregnant woman women ​ by acting, without violence,and 3.​As a result of the use of violence or drugs or beverages upon without consent of the pregnant her, or any other act of the accused, the fetus dies, either in woman by administering abortive the womb or after being expelled therefrom drugs or beverages on said pregnant 4.​the abortion is intended woman ​ by acting, without violence and with consent of the pregnant woman, by administering abortive drugs or beverages on said pregnant woman ​ umbilical cord is not yet cut ​ intrauterine life of less than 7 months and the baby is killed within 24 hours 257 Unintentional 1.​there is a pregnant woman ​ if fetus does not die, there is no abortion 2.​violence is used upon such pregnant woman without attempted but rather physical injuries intending on abortion ​ may be complexed (Art48) if fetus 3.​the violence is intentionally exerted dies and physical injuries are 4.​as result of the violence, the fetus dies either in the womb or sustained after having been expelled therefrom 258 Abortion by 1.​there is a pregnant woman who suffered an abortion woman or her 2.​the abortion is intended parents 3.​the abortion is caused by : a.​the woman herself b.​any other person with her consent c.​any of the parents with the woman's consent for the purpose of concealing her dishonor 259 abortion 1.​there is a pregnant who suffered abortion practiced by a 2.​the abortion is intended physician 3.​offender who must be a physician or midwife causes or assists in causing the abortion 4.​Said physician or midwife takes advantage of his or her scientific knowledge or skill As to pharmacists : 1.​The offender is a pharmacist 2.​There is no proper prescription from a physician 3.​The offender dispenses any abortive 260 Duel Responsibility of participants in a duel 261 Challenging to Any person who shall challenge another, or incite another to a Duel 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 262 Mutilation Two ways of committing: ~~ requires deliberate intent to cut off or ​ by intentionally mutilating another , partially or totally of any sever a part of the body organ necessary for reproduction ​ By intentionally mutilating another, totally or partially of any other parts of the body 263 Serious Acts Punished: there is deformity when: Physical ​ When the injured person becomes insane, imbecile, impotent ​ the injury is located on a visible Injuries or blind as a consequence of the Physical injuries inflicted on conspicuous part of the body (PM) ​ it would not heal through the ​ When the injured person: (PC Med to max) natural healing process and ○​ loses the use of speech or the power to hear or to ​ it causes Physical disfigurement smell or loses an eye, a hand, a foot, an arm or a leg on the appearance of the said  ○​ loses the use of any such a member offended party ○​ becomes incapacitated for the work in which he was therefore habitually engaged, in consequence of the Qualifying: physical injuries inflicted ​ victim is related to the offender ​ When the person injured (PC min to med) as the relatives mentioned ○​ becomes deformed under Parricide ○​ loses any member of his body ​ Attended by any of the ○​ Loses the use thereof qualifying circumstances under ○​ Becomes ill or incapacitated for the performance of the Murder work in which he was habitually engaged in for more than 90 days ​ when the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days as a result of physical injuries inflicted (AM) 264 Administering Any person who, without intent to kill shall inflict upon another Injurious any serious, physical injury by knowingly administering to him substances any injurious substances or by taking advantage of his weakness of mind or credulity 265 Less Serious 1. Offended party is incapacitated for labor for 10 days or more Qualifying Circumstance : Physical (but not more than 30 days ) or needs medical attendance for ​ When there is manifest intent to Injuries the same period insult or offend the injured 2. The Physical injuries must not be those described in the person preceding articles ​ When there are circumstances adding ig