Annotations

Book II – Crimes and Penalties, Revised Penal Code

BOOK TWO

CRIMES AND PENALTIES

Title One: Crimes Against National Security and the Law of Nations

Chapter One: Crimes Against National Security

Title Two: Crimes Against the Fundamental Laws of the State

Chapter One: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship

Title Three: Crimes Against Public Order

Chapter One: Rebellion, Sedition and Disloyalty

Chapter Two: Crimes Against Popular Representation

Chapter Three: Illegal Assemblies and Associations

Chapter Four: Assault Upon, and Resistance and Disobedience to, Persons in Authority and Their Agents

Chapter Five: Public Disorders

Chapter Six: Evasion of Service of Sentence

Chapter Seven: Commission of Another Crime During the Service of Penalty Imposed for Another Previous Offense

Title Four: Crimes Against Public Interest

Chapter One: Forgeries

Chapter Two: Other Falsities

Chapter Three: Frauds

Title Five: Crimes Relative to Opium and Other Prohibited Drugs

Title Six: Crimes Against Public Morals

Chapter One: Gambling and Betting

Chapter Two: Offenses Against Decency and Good Customs

Title Seven: Crimes Committed by Public Officers

Chapter Two: Malfeasance and Misfeasance in Office

Chapter Three: Frauds and Illegal Exactions and Transactions

Chapter Four: Malversation of Public Funds or Property

Chapter Five: Infidelity of Public Officers

Chapter Six: Other Offenses or Irregularities by Public Officers

Title Eight: Crimes Against Persons

Chapter One: Destruction of Life

Chapter Two: Physical Injuries

Title Nine: Crimes Against Personal Liberty and Security

Chapter One: Crimes Against Liberty

Chapter Two: Crimes Against Security

Chapter Three: Discovery and Revelation of Secrets

Title Ten: Crimes Against Property

Chapter One: Robbery in General

Chapter Two: Brigandage

Chapter Three: Theft

Chapter Four: Usurpation

Chapter Five: Culpable Insolvency

Chapter Six: Swindling and Other Deceits

Chapter Seven: Chattel Mortgage

Chapter Eight: Arson and Other Crimes involving Destructions

Chapter Nine: Malicious Mischief

Chapter Ten: Exemption from Criminal Liability in Crimes Against Property

Title Eleven: Crimes Against Chastity

Chapter One: Adultery and Concubinage

Chapter Two: Rape and Acts of Lasciviousness

Chapter Three: Seduction, Corruption of Minors and the White Slave Trade

Chapter Four: Abduction

Chapter Five: Provisions Relative to the Preceding Chapters of Title Eleven

Title Twelve: Crimes Against the Civil Status of Persons

Chapter One: Simulation of Births and Usurpation of Civil Status

1) Simulation of birth

Simulation birth – refers to the act of deceptively making it appear that the parents of a newly born child are persons other than the biological parents.

For more information, see: Simulation of birth

2) Substitution of one child for another

Substitution of a child from another – refers to the act of interchanging a child with another such that they are no longer with their biological parents.

For more information, see: Substitution of one child for another

3) Concealment or abandonment of a legitimate child

Concealment or abandonment of child for purposes of losing civil status – refers to the act of leaving newly-born children or infants in front of various places such as hospitals or religious institutions, resulting on the children being foundlings whose family and lineage is unknown.

For more information, see: Concealment or abandonment of a legitimate child

4) Usurpation of civil status

Usurpation of civil status – refers to the act of a person taking on the civil status of another for purposes of defrauding other people, a.k.a. identity fraud.

For more information, see: Usurpation of civil status

Chapter Two: Illegal Marriages

1) Bigamy

Bigamy – refers to contracting a second/subsequent marriage despite the first/prior marriage is still subsisting.

For more information, see: Bigamy

2) Marriage contracted against provisions of laws (Illegal marriages)

Illegal marriages – refer to the offense of knowing contracting a marriage knowing of defects in the marriage.

For more information, see: Illegal marriages

3) Performance of illegal marriage ceremony

Performance of illegal marriage ceremony – refers to the act of solemnizing an illegal marriage.

For more information, see: Performance of illegal marriage ceremony

Title Thirteen: Crimes Against Honor

Chapter One: Libel

1) Libel

A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (REVISED PENAL CODE, Article 353)

For more information, see: Libel

2) Threatening to Publish Libel (Blackmail)

Threatening to publish libel and offering to prevent publication for compensation is also known as blackmail.

For more information, see: Threatening to Publish Libel (Blackmail)

3) Prohibited Publications

Publishing the private life of an individual may be a criminal offense – subject to certain requirements.

For more information, see: Prohibited Publication

4) Slander /oral defamation

Slander or Oral Defamation – is “libel committed by oral (spoken) means, instead of in writing.” It is defined as “the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.” (De Leon v. People, G.R. No. 212623, January 11, 2016, Per Mendoza J.)

For more information, see: Slander (Oral Defamation)

5) Slander by Deed

Slander by deed – refers to “a crime against honor, which is committed by performing any act, which casts dishonor, discredit, or contempt upon another person.” (Villanueva v. People, G.R. No. 160351, April 10, 2006, Per Chico-Nazario, J.)

For more information, see: Slander by Deed

Chapter Two: Incriminatory Machinations

1) Incriminating Innocent Person

Incriminating innocent person – refers to the performing of an act which tends directly to cause a false prosecution.

For more information, see: Incriminating Innocent Person

2) Intriguing Against Honor

Intriguing against honor – refers to “any intrigue which has for its principal purpose to blemish the honor and reputation of a person.” (Betguen v. Masangcay, En Banc, A.M. No. P-93-822, December 1, 1994, Per Curiam)

For more information, see: Intriguing Against Honor

Title Fourteen: Quasi-Offense

Sole Chapter: Criminal Negligence

Title Fifteen: Final Provisions

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Annotations

Question XVIII, Civil Law, 2018 Bar Exam

Shasha purchased an airline ticket from Sea Airlines (SAL) covering Manila-Bangkok- Hanoi-Manila. The ticket was exclusively endorsable to Siam Airlines (SMA). The contract of air

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