Showing posts from May, 2014

University Of Luzon Dagupan College Of Criminology

University of Luzon Dagupan
College of Criminology

University of Luzon is a Private Non-Sectarian
institution of higher learning. It was formerly
named Luzon Colleges.

Like some Colleges and Universities in Luzon,
The School was established in the year 1948.

University of Luzon is in the City of Dagupan, Province of
Pangasinan. Pangasinan, La Union, Ilocos Sur and Ilocos Norte
is in Region 1 or the solid north as they say during the term
of President Ferdinand Marcos.

One of the Academic Program offered by University of Luzon is the
Bachelor of Science Degree in Criminology.

For those interested to inquire about the school's Criminology
program. You May personally visit at the this address:

            Perez Blvd. Dagupan City
            Pangasinan Philippines 2400

If you are presently unavailable to visit the school personally,
You may call for inquiries in the following number:

            +63 (075) 515-5767
            +63 (075) 522-8295
            +63 (075) 515-7707


Offenses Not Subject To The Provisions Of RPC


General Rule: RPC provisions are supplementary to special laws.

   1. when special law provides otherwise
   2. when provision of RPC are impossible of application, either
      by express provision or by necessary implication

Provisions of RPC applicable to special laws:
   - Art. 16 Participation of Accomplices
   - Art. 22 Retroactivity of Penal laws if favorable to the accused
   - Art. 45 Confiscation of instruments used in the crime

Note: When the special law adopts the penalties
      imposed in the RPC i.e. penalties as reclusion
      perpetua, prision correccional, etc. the provisions of
      the RPC on imposition of penalties based on stages
      of execution, degree of participation and attendance
      of mitigating and aggravating circumstance may be
      applied by necessary implication.

Grave Felonies, Less Grave Felonies And Light Felonies

Grave Felonies, Less Grave Felonies and Light Felonies


Importance of Classification
1. To determine whether the felonies can be complexed or not.
2. To determine the prescription of the crime and of the penalty.

Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties: 1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30 days)

As to the liability of the participants in a grave, less grave or light felony:
1. When the felony is grave, or less grave, all participants are criminally liable.
2. But where the felony is only light, only the principal and the accomplice are liable. The accessory is not.

Therefore, it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice, even though the felony is only attempted or frustrated, but accessories are not liable for light felonies.

Conspiracy And Proposal To Commit Felony



1. Two or more persons come to an agreement
2. For the commission of a felony
3. And they decide to commit it

Concepts of Conspiracy:
1. As a crime in itself
   Ex: conspiracy to commit rebellion, insurrection, treason, sedition, coup d’ etat
2. Merely as a means to commit a crime

a. a prior and express agreement
b. participants acted in concert or simultaneously, which is indicative of a meeting of the minds towards a common criminal objective

Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability.

General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act.

              Exception: when the law specifically provides for a penalty

                         Ex: rebellion, insurrection, sedition, coup d’ etat

General Rule: The act of one is the act of all.

              Exception: Unless one or some of the conspirators committed some other crime which

Cagayan De Oro College School Of Criminology

Cagayan De Oro College  School of Criminology
is located in the school's campus located at
Carmen, Cagayan De Oro City.

The School is a Private Non-Sectarian institution
of higher learning. It was founded in 1948.

Cagayan De Oro College is under the PHINMA Education Network
which include also the following schools.
1. Pamantasan ng Araullo Inc.
2. University of Iloilo
3. University of Pangasinan

It is very nice to study Criminology in Cagayan De Oro City.
The City is even named by the UN Habitat as emerging City
of tomorrow.

The School's Criminology Program is excellent. The latest board
exam for criminologist gave the school one topnotcher in the
person of CHERRIELYN GALENDEZ DAHAN who landed 8th place.

The Tuition fee is very affordable, it is more or less P514
per unit.

For those residing in Region X or Northern Mindanao and the
nearby provinces who wants to take the school's Criminology
program, The School's Complete address is

            Max Suniel Street

When Light Felonies Are Punishable


General Rule: Punishable only when they have been consummated

   Even if not consummated, if committed against persons or
      Ex: slight physical injuries, theft, alteration of
          boundary marks, malicious mischief, and intriguing
          against honor.

   Note: Only principals and accomplices are liable;
         accessories are NOT liable even if committed against
         persons or property.

Consummated, Frustrated, And Attempted Felonies


1. CONSUMMATED – when all the elements necessary for its execution
   and accomplishment are present


      a. offender performs all acts of execution
      b. all these acts would produce the felony as a consequence
      c. BUT the felony is NOT produced
      d. by reason of causes independent of the will of the


      a. offender commences the felony directly by overt acts
      b. does not perform all acts which would produce the felony
      c. his acts are not stopped by his own spontaneous desistance

Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law
   provides otherwise
2. Formal crimes – consummated in one instance
   (Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt
   (Ex: attempt to flee to an enemy country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed …

Duty Of The Courts, Acts Not Covered By Law

Art. 5:

Duty of the court in connection with acts which should
be repressed but which are not covered by the law, and in cases
of excessive penalties

Note: Paragraph 2 does not apply to crimes punishable by special
law, including profiteering, and illegal possession of firearms
or drugs. There can be no executive clemency for these crimes.

Article 5 covers two situations:
1. The court cannot convict the accused because the acts do not
   constitute a crime.

   a. The proper judgment is acquittal.
   b. The court is mandated to report to the Chief Executive that
      said act be made subject of penal legislation and why.

2. Where the court finds the penalty prescribed for the crime
   too harsh considering the conditions surrounding the
   commission of the crime,

   a. The judge should impose the law.
   b. The most that he could do is recommend to the Chief
      Executive to grant executive clemency.

Criminal Liability

Criminal Liability


Par.1 Criminal liability for a felony committed different from  that intended to be committed

1. felony has been committed intentionally
2. injury or damage done to the other party is the direct, natural and logical consequence of the felony

Hence, since he is still motivated by criminal intent, the offender is criminally liable in:
1. Error in personae – mistake in identity
2. Abberatio ictus – mistake in blow
3. Praetor intentionem - lack of intent to commit so grave a wrong

PROXIMATE CAUSE – the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred

1996 Bar Examination Question (Proximate Cause)
2003 Bar Examination Question (Immediate Cause)

Par. 2 Impossible Crime

1. Act would have been an offense against persons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or inadequate or ineffectu…

Central Mindanao Colleges Kidapawan City

Central Mindanao Colleges
Kidapawan City

Central Mindanao Colleges is a Private Non-Sectarian institution
of higher learning.

The School was established in 1946. It was granted license in
1996 by the Commission On Higher Education (CHED) to offer the
Criminology Course.

It is situated in the SOCCSKSARGEN region or Region XII.

For those who live in the Provinces of North Cotabato, South
Cotabato, Sultan Kudarat and Sarangani Province and interested
to enrol in the school's Criminology Program, You may
visit personally at the address posted below.

     Address :OsmeƱa Drive,
                        City of Kidapawan,
                        North Cotabato

For those who live outside of Region XII but interested in joining
Central Mindanao Colleges School of Criminology, you may just inquire
through the school's telephone number posted below.

Telephone :(064) 288-1708

Central Mindanao Colleges Performance in the last 2 Board Examination
for Criminologist …



Art. 3.

Definitions - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act  is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Felonies – acts and omissions punishable by the Revised Penal Code

Crime – acts and omissions punishable by any law.

Act – an overt or external act

Omission – failure to perform a duty required by law

a. There must be an act or omission
b. That the act or omission must be punishable by the RPC
c. That the act is performed or the commission incurred by means of dolo or culpa

Dolo - deliberate intent.Must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him.

Actus Reus - Physical act

Mens rea - a guilty mind, a guilty or wrongful purpose or criminal intent…

Application of RPC Provisions

Application of RPC Provisions

Art. 2.

Application of its provisions. — Except as provided in  the treaties and laws of preferential application, the provisions  of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and  maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship


1. Philippine vessel or airship – Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters.

2. Foreign vessel
a. French Rule
General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country.

Exception: commission affects the peace and security of the territory, or the safety of the state is endangered.

b. English Rule
General Rule: Crimes committed aboard a fo…

RPC When Act Takes Effect February 1, 1932

When Act Takes Effect


Criminal law is that branch or division of municipal law which
   - defines crimes,
   - treats of their nature and
   - provides for their punishment.

Characteristics of Criminal Law:
1. General – binding on all persons who reside or sojourn in the Philippines

      a. Treaty Stipulation
      b. Laws of Preferential Application
      c. Principles of Public International Law

(1). sovereigns and other chiefs of state
(2). Ambassadors, ministers plenipotentiary, minister resident and charges d’affaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim th privileges and immunities accorded to ambassadors and ministers.)

2. Territorial – penal laws of the Philippines are enforceable only within its territory

Exceptions: (Art. 2 of RPC – binding even on crimes committed outside the Philippines)

a. offense committed while on a Philippine ship or airship
b. forging or counterfeiting any coin or currency no…

Philippine College of Criminology Review Center

Philippine College of Criminology
Review Center

Philippine College of Criminology is the pioneer in Criminology
education in the Philippines. It is the First school to offer the
Criminology degree program.

The School is not just a pioneer in the Philippines of Criminology
education but also in the entire South East Asia region.

The College was established in 1954. It was founded by Supreme
Court Justice Felix Angelo Bautista.

Philippine College of Criminology is situated in Sales street, Manila.

Philippine College of Criminology (PCCr) is a very large School
of Criminology. In the April 2014 Board Examination for Criminologist
alone, the  school fielded 666 examinees.

For those interested to study Criminology, you may contact the
school in the telephone numbers listed below.

         +63 (02) 733-1607
         +63 (02) 733-3749
         +63 (02) 733-1602
         +63 (02) 734-5200
         +63 (02) 734-5700
         +63 (02) 733-7707

For those who successfully obtained their Criminolog…

Leyte Colleges Tacloban City

Leyte Colleges Tacloban City

Leyte Colleges was founded in 1946. The
College is located in Tacloban City.

Tacloban is the  economic center of Eastern Visayas region.
The City has an Airport which made Leyte Colleges more accessible
to students from nearby provinces who wants to study Criminology.

There are more or less 13 Universities and Colleges in Tacloban
but Leyte Colleges is the largest Criminology School in the
entire Tacloban City.

In the April 2014 Board Exam for Criminologist alone, Leyte
Colleges fielded 203 examinees. In the October 2013 Board Exam
for Criminologist, Leyte Colleges fielded 606 examinees.

For those who are interested to enrol in their Criminology program,
you may visit the school personally at.

Sta.Cruz Street, 6500 Tacloban City - Leyte

If You live in the nearby provinces or you prefer to contact them
by phone. The School's Telephone number is


Leyte Colleges E-mail Address is [email protected] if you want to
write them through e-mail.


Intriguing Against Honor

Intriguing Against Honor

This felony is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is committed by saying to others an unattributable thing, that if it said to the person himself, slander is committed.

Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another by means w/c consist of some trickery.

The intrigue is resorted to to blemish honor or reputation of another person.

Must be committed by means of some tricky and secret plot, and not gossiping which falls under defamation.

Where the source or author of derogatory information cannot be determined and defendant passes it to others, defendant’s act is one of intriguing against honor; if it came from a definite source, crime is slander.

Intriguing against honor is referred to as gossiping: the offender, without ascertaining the truth of a defamatory utterance, repeats the same and pass it on…

Incriminating Innocent Person


1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an
   innocent person the commission of a crime; and
3. That such act does not constitute perjury.

1. Making a statement which constitutes:
   a. defamation, or
   b. perjury (if made under oath and is false)
2. Planting evidence

Art 363 is limited to planting evidence and the like, which
tend directly to cause false prosecution.

Incriminatory machinations distinguished from defamation – does
not avail himself of written or spoken words

There is a complex crime of incriminating an innocent person
through unlawful arrest.

As far as this crime is concerned, this has been interpreted
to be possible only in the so-called planting of evidence.
   - If this act is resorted to, to enable officers to arrest
     the subject, the crime is unlawful arrest through
     incriminating innocent persons.

Libelous Remarks


Libelous remarks or comments on privileged matters
(under Art. 354), if made with malice in fact, will not exempt
the author and editor or managing editor of a newspaper
from criminal liability.

This article is a limitation to the defense of privileged
communication. Even if matter is privileged and malice in
fact is proved, author and editor is liable

Author/editor of publication who distorts, mutilates or
discolors official proceedings reported by him, or add comments
thereon to cast aspersion on character of parties concerned
is guilty of libel

Proof Of The Truth


1. the act or omission imputed constitutes a crime regardless
   of whether the offended party is a private individual or a
   public officer, or
2. the offended party is a government employee, even if the
   act or omission imputed does not constitute a crime,
   provided, it is related to the discharge of his official

1. it appears that the matter charged as libelous is TRUE
   (for situations (a) and (b) above); and
2. it was published with good motives and for a justifiable end
   (for situation (a) only).

The proof of the truth of the accusation cannot be made to rest
upon mere hearsay, rumors, or suspicion but upon positive,
direct evidence upon which a definite finding may be made by
the court.

An imputation that a person has contagious disease might under
ordinary circumstances be defamatory but loses such character
when made with good intention and justifiable motive

There is no libel when there i…

Criminology Board Exam Schedule

Criminology Board Exam Schedule
April 2015

The Next Criminology Board Examination is set
to take place on April 7, 8 and 9, 2015. That is
Tuesday, Wednesday and Thursday.

If You are a repeat examinee, the deadline for submitting your
application to take the board exam is on March 11, 2015.

If You are a first time examinee, the deadline for submitting
your application to take the board exam is on March 18, 2015.

The Criminology Board Examination shall be held in Manila and
all PRC Regional Offices except Pagadian, Zamboanga.

Criminology Board Exam Venue
The last criminology board exam was held in the following places:
      1. Baguio City
      2. Cagayan De Oro City
      3. Cebu City
      4. Davao City
      5. Iloilo City
      6. Legazpi City
      7. Lucena City
      8. Tacloban City
      9. Tuguegarao City
      10.Pagadian City

Please take note that this may change at anytime.

For further inquiries, you may inquire in through their
telephone n…

Persons Responsible Libel


1. The person who publishes, exhibits or causes the publication
   or exhibition of any defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine
   or serial publication; and
4. The owner of the printing plant which publishes a libelous
   article with his consent and all other persons, who in any
   way participate in or have connection with its publication.

1. where the libelous article is printed and 1st published, or
2. where any of the offended parties actually resides at the
    time of the commission of the offense, or
3. where one of the offended parties is a public officer:
   a. if his office is in the City of Manila, with the RTC of
      Manila, or the city/province where the article is printed
      and 1st published
   b. otherwise, with the RTC of the city/province where he
      held office at…

Slander By Deed


1. That the offender performs any act not included in any other
    crime against honor;
2. That such act is performed in the presence of other person
    or persons; and
3. That such act casts dishonor, discredit or contempt upon the
   offended party.

Seriousness of slander by deed depends on the social standing
of offended party, the circumstances surrounding the act, the

1. Unjust vexation - irritation or annoyance; anything that
   annoys or irritates without justification.
2. Slander by deed - irritation or annoyance + attendant
   publicity and dishonor or contempt.
3. Acts of lasciviousness - irritation or annoyance + any of
   the 3 circumstance provided in Art. 335 on rape (i.e. use of
   force or intimidation; deprivation of reason or rendering
   the offended unconscious; or if offended party was under
   12 years old, together with lewd designs)

ALSO of two kinds:
                   Grave: of a serious nature

ACTUS REUS resulting…

Slander - Oral Defamation


1. Grave slander - defamation is of a serious and insulting
2. Simple slander - light insult or defamation.

1. expressions used
2. personal relations of the accused and the offended party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.

Words uttered in the heat of anger constitute light
oral defamation.

If the utterances were made publicly and were heard by many
people and the accused at the same time pointed his finger at
the complainant, oral defamation is committed.

Prohibited Publication Of Acts Referred To In The Course Of Official Proceedings


1. That the offender is a reporter, editor or manager of a
   newspaper, daily or magazine;
2. That he publishes facts connected with the private life of
   another; and
3. That such facts are offensive to the honor, virtue and
   reputation of said person.

The prohibition to publish applies even such publication be
made in connection w/ or under the pretext that it is necessary
in the narration of any judicial or administrative proceedings
wherein such facts have been mentioned.

Art. 357 constitutes the “Gag law” which bars from publication
news reports on cases pertaining to adultery, divorce, issues
about the legitimacy of children, etc.

Source of news report may not be revealed unless court or
Congress finds such revelation is demanded by the security
of the State

This article is referred to as the Gag Law.

Under RA 1477, a newspaper reporter cannot be compelled to
reveal the source of the news report he made, UNLESS –

   the court or a House or committee of Congress finds that

Threatening To Publish Libel And Offer To Prevent Such Publication For A Compensation


1. By threatening another to publish a libel concerning him, or
   his parents, spouse, child, or other members of his family; or
2. By offering to prevent the publication of such libel for
   compensation, or money consideration.

BLACKMAIL as any unlawful extortion of money by threats of
accusation and exposure is possible in the crimes of light
threats (Art. 283) and in threat to publish libel (Art 356).

Blackmail can also be in the form of light threats, which is
punished under ARTICLE 283.

Libel By Means Of Writings Or Similar Means


The means by which libel may be committed are writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical
or cinematographic exhibitions, or any similar means.

Use of amplifier slander not libel.

Television program libel.

Penalty is in addition to civil liability

Libel may be absorbed in crime of threats if intent to threaten
is principal aim and object.

If defamatory remarks are made in the heat of passion which
culminated in a threat, the derogatory statements will not
constitute an independent crime of libel but a part of the more
serious crime of threats.

In a libel case filed in August 2006 against RP Nuclear
Solutions and blogger Abe Olandres, the Pasig City
Prosecutor dismissed the charges against them because they
have no participation in the creation nor authority to modify
the content of the site being hosted where the allegedly
libelous remarks were posted.2
   The prosecutor however ordered the filing of cases against
   two other respondents who never denied au…

Requirement of Pubilicty


Kinds of privileged communication:
1. Absolutely privileged – not actionable even if the actor has
   acted in bad faith;
2. Qualifiedly privileged – those which, although containing
   defamatory imputations, are not actionable unless made with
   malice or bad faith.

General Rule: Every defamatory imputation is presumed malicious,
even if it be true, if no good intention and justifiable motive
for making it is shown.

1. private communication in performance of legal, moral or
   social duty
2. Requisites:
   a. That the person who made the communication had a legal,
      moral or social duty to make the communication or at
      least he had an interest to be upheld;
   b. That the communication is addressed to an officer or a
      board, or superior, having some interest or duty on the
      matter; and
   c. That the statements in the communication are made in good
      faith without malice in fact.
3. fair and true report of official proceedings, made in good
   faith, without any…

Banks That Offer The Best Time Deposit Rate In The Philippines

Time Deposit Rates Philippines

What are the banks in the Philippines that offers a very good
interest rates on time deposits?

When I took my vacation to the Philippines from the Middle East
last March 2014, I decided to try putting my money in a time
deposit. Here is what I found out. The Best bank to offer the
best rate on time deposit is China Bank and UCPB. Posted here
under are time  deposit rates of the banks I inquired into.

1. BDO - Banco De Oro - Time Deposit Rates

      Minimum Deposit - P1,000
      Rate for 30 days - 0.250%
               60 days - 0.250%
               90 days - 0.250%
              180 days - 0.500%
              360 days - 0.500%

2. BPI - Bank of the Philippine Island - Time Deposit Rates

      Minimum Deposit - P50,000
      Rate for 35 days - 0.25000%
               63 days - 0.25000%
               91 days - 0.25000%
              182 days - 0.31250%
              364 days - 0.50000%

3. Metrobank - Time Deposit Rates

      Minimum Deposit - P10,000

Definition Of Libel/Defamation


1. That there must be an imputation of a crime, or of a vice or
   defect, real or imaginary, or any act, omission, condition,
   status, or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural or
   juridical person, or one who is dead;
5. That the imputation must tend to cause the dishonor,
   discredit or contempt of the person defamed.

Libel is a public and malicious imputation of a crime, or a
vice or defect, real or imaginary or any act, commission,
condition, status or circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or to
blacken the memory of one who is dead.

Kinds of malice:
   (a) malice in law – that which should be proved, or
   (b) malice in fact – that which may be taken for granted
       due to the grossness of the imputation.

Defamation is the proper term for libel as used in Article 353

Defamation: may be libel or slander

No disti…

Performance Of Illegal Marriage Ceremony


Act punished:

1.Performance or authorization by a priest or minister of any
  religious denomination or sect or by civil authorities of
  any illegal marriage ceremony.

2. But a clergyman who performed a marriage ceremony without
   knowledge of the minority of one of the parties is not liable.

   - Priests or ministers of any religious denomination or sect, or
   - civil authorities who shall perform or authorize any
     illegal marriage ceremony

Premature Marriages


1. A widow who married within 301 days from the date of the
   death of her husband, or before having delivered if she is
   pregnant at the time of his death.

2. A woman whose marriage having been dissolved or annulled,
   married before her delivery or w/in 301 days after the date
   of the legal separation.

The purpose of the law in punishing the foregoing acts is to
prevent doubtful paternity.

The Supreme Court considered the reason behind making such
marriages within 301 days criminal, that is, because of the
probability that there might be a confusion regarding the
paternity of the child who would be born.

If this reason does not exist because the former husband is
impotent, or was shown to be sterile such that the woman has
had no child with him, that belief of the woman that after all
there could be no confusion even if she would marry within
301 days may be taken as evidence of good faith and that would
negate criminal intent.

Marriage Contracted Against Provisions Of Laws


1. Offender contracted marriage;
2. He knew at the time that –
   a. The requirements of the law were not complied with; or
   b. The marriage was in disregard of a legal impediment.

Circumstance qualifying the offense: if either of the
contracting parties obtains the consent of the other by means
of violence, intimidation or fraud.

Bigamy is a form of illegal marriage. Illegal marriage includes
also such other marriages which are performed without complying
with the requirements of law, or marriages where the consent of
the other is vitiated, or such marriage which was solemnized by
one who is not authorized to solemnize the same.




1. That the offender has been legally married;
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage; and
4. That the second or subsequent marriage has all the essential requisites for validity.

The crime of bigamy does not fall within the category of private crimes. Hence, it can be prosecuted even w/o the initiative of the offended party.

The fact that the 1st marriage is void from the beginning is not a defense in a bigamy charge. There is a need for judicial declaration of the nullity of the 1st marriage. Similarly,
there must also be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage.

Failure to exercise due diligence to ascertain the whereabouts of the 1st wife and the husband’s remarriage is bigamy through reckless imprudence.

One convicted fo…

Usurpation of Civil Status


This felony is committed by a person who assumes the filiation,
or the parental or conjugal rights of another.

Criminal intent to enjoy the civil rights of another by the
offender knowing he is not entitled thereto is necessary to
constitute this crime.

Circumstance qualifying the offense: When the purpose of the
impersonation is to defraud the offended party or his heirs.

Civil status seems to include one’s profession.

There must be an intent to enjoy the rights arising from the
civil status of another.

Simulation Of Births, Substitution Of One Child For Another And Concealment Or Abandonment Of A Legitimate Child


Acts punished:

1.Simulation of births

      a) The child is baptized or registered in the Registry of
          birth as the offender’s;
      b) The child loses its real status and acquires a new one; and
      c) The offender’s purpose was to cause the loss of any trace
          as to the child’s true filiation.

2. Substitution of one child for another, or

3.Concealing or abandoning any legitimate child w/ the intent 
    to cause such child to lose its civil status.

      a) The child must be legitimate;
      b) The offender conceals or abandons such child; and
      c) The offender has the intent to cause the child to lose
          its civil status.

The fact that child will be benefited by simulation of birth is
not a defense since it creates a false status to the detriment of
members of family to which the child is introduced

Father who sells child is not liable under this article since
there is no abandonment.


   People who have no child and who…