SUMMARY OF ALTERNATIVE CRIMES

By Xela Lauren Catedrilla

SUMMARY ON PIRACY AND MUTINY

SITUATION CRIME COMMITTED
WHO IS THE OFFENDER WHERE ACT IS COMMITTED
Member of the crew or Philippine waters Piracy under P.D. 532
passenger
Member of the crew or High seas Robbery on High Seas/Robbery
passenger in Uninhabited place
Stranger Philippine waters Piracy under Art 122
Stranger High seas Piracy under Art 122a
Member of the crew or Philippine waters Mutiny (In case of unlawful
passenger resistance or raising commotion)
Stranger High seas Mutiny

Summary of crimes involving deprivation of liberty

Crimes Alternative crimes
1. Arbitrary detention by detaining a person Kidnapping and serious illegal detention or slight illegal
without legal ground (Art 124) detention as the case may be
-if the offender is a private individual
If the offender is a public officer
who detains another without legal grounds
And there is no intention to deliver to proper Arbitrary Detention by Delay in delivery of detained persons
authority (Art. 125)
-if there is some legal ground

Unlawful arrest
-if there purpose is to deliver to proper authority
2. Arbitrary Detention by Delay in delivery of Kidnapping and serious illegal detention or slight illegal
detained persons (Art. 125) detention as the case may be
-if the offender is a private individual
If the offender is a public officer
Who detains another for some legal ground
For the purpose of charging a person with an Unlawful arrest
offense in court - if the offender is any person other than those authorized by
But who fails to deliver such person to judicial law who detains another without reasonable ground
authorities therefore

Arbitrary detention by detaining a person without legal

ground (Art 124)
-If there is no legal ground for detention
3. Arbitrary Detention by Delaying release
(Art 126)
If the offender delays:
1. the performance of a judicial or executive
order for the release of a person
2. service of notice of such order to said
prisoners
3. the proceedings for the liberation of such
person

4. Kidnapping and Serious Illegal detention Arbitrary detention by detaining a person without legal
(Art. 267) ground and Arbitrary Detention by Delay in delivery of
detained persons (Art 124-125) as the case may be
If the offender is a private individual detains -If the offender is a public officer
another under any of the circumstances in Art
267:
a. detention lasted for more than three days
b. offenders simulated public authority
c. Physical Injuries were inflicted Slight Illegal detention (Art.268)
d. Threats to kill the victim have been made - If circumstances in Art. 267 are absent
e. Victim is a female, public officer or minor
except when accused is any of the Parents * Kidnapping and failure to return a minor (Art. 270)
If accused is any of the Parents or any person entrusted with
the custody of a minor person

“Kidnapping for ransom”

-If there is a demand for ransom

Unlawful arrest
-if there purpose is to deliver to proper authority

Forcible Abduction
-if the taking is with lewd design

Other crimes in which detention is incidental

Grave coercion
-If detention is not for depriving liberty but to compel the
victim to do something against his will or to prevent the latter
from doing something not prohibited by law

Robbery
-if victim is detained not for ransom but to take away his
property

Rape
-if purpose is to rape at the outset
 Murder
-if the purpose is to kill

5. Slight Illegal detention (Art.268)
Offender is a private individual
who shall detain another without the
attendance of any of the circumstances in
Art. 267
Arbitrary detention by detaining a person without legal
ground and Arbitrary Detention by Delay in delivery of
detained persons (Art 124-125) as the case may be
-If the offender is a public officer

Kidnapping and Serious Illegal detention (Art. 267)

-If the offender is a private individual detains another under
any of the circumstances in Art 267

6. Unlawful Arrest (Art 269)
- if the offender is any person other than
those authorized by law who detains another
without reasonable ground therefore for the
purpose of delivering him to the proper
authority
Unlawful arrest
-if there purpose is to deliver to proper authority
1. Arbitrary detention by detaining a person without legal
ground and Arbitrary Detention by Delay in delivery of
detained persons (Art 124-125) as the case may be
-If the offender is a public officer
Kidnapping and serious illegal detention or slight illegal
detention as the case may be
-if the offender is a private individual and there is no such
intention

7. Forcible Abduction Kidnapping and serious illegal detention

-if any person abducted any woman against - If the detention was without lewd design
her will and with lewd design

Consented Abduction
-if abduction of a virgin over twelve and under eighteen is
carried out with her consent and with lewd design

Crimes involving Violation of Domicile

. Violation of . Search Warrants Searching Domicile Qualified Unjust vexation
Domicile (Art 128) Maliciously without witnesses Trespass to
obtained (Art 129) (Art 130 dwelling or
trespass to
property as the
case may be
if the offender is a if the offender is If a public officer If offender is a -if he did not
public officer who armed with a though armed with private person conduct a search
either enters and warrant but such a search warrant or a public or
searches papers in was maliciously legally procured officer who did surreptitiously
a domicile without obtained or he searches the not act under enter the
being was not exceeds his domicile without color of dwelling but
authorized by authority or uses any member of the authority merely entered
judicial order to do unnecessary family or two for the purpose
so or refuses to severity in executing persons residing in of annoying the
leave after having the same locality as dwellers.
surreptitiously witnesses
entered the
dwelling.

Alternative crimes involving custody of Prisoners

Delivery of prisoners Evasion of service of sentence Infidelity in the custody of
prisoner
if committed by: if committed by: if committed by:

1.detention prisoner 1. a prisoner in confinement by 1. a public officer who consented

2. convict whose conviction is
not yet final or on appeal
3.person rescuing prisoner from
jail not a custodian
final judgment
2. a convict by final judgment
who is not in confinement
or connived in the escape of
convict or detention prisoner
and is a custodian
2. public officer or custodian
who is negligent
3. a private person to whom the
custody of the prisoner was
confided who consented
connived, or was negligent

Alternative Crimes involving Assemblies and Associations

Art. 131 Art. 146 Art 147 Art. 142
Prohibition, interruption Illegal Assemblies Illegal Associations Inciting to Sedition
and dissolution of
peaceful meetings
The assembly merely is Assembly punished The formation of the The act of inciting to
prohibited, interrupted is association per se is sedition is punished if
or dissolved is prohibited

-peaceful peaceful but later the gathering is not

on there is inciting to peaceful but it is cabal
 Treason, Rebellion,
Insurrection,
Sedition and Assault,

-for legal purpose -Not for legal

purpose

Offender is a public
officer

Who is not a member of

the meeting

Alternative Crimes in Case involving the religious

Art. 132 Art 287 (2) Art. 133
Interruption of Religious Worship Unjust Vexation Offending Religious Feelings
Refers to exercise of religious Refers to quasi-religious Refers to acts committed in a
ceremonies activities place devoted to religious
worship or religious ceremony
Violated by public officer Any person Any person
There is mere disturbance and the If act is not notoriously There is a notoriously offensive
act is not directed to the belief offensive to religious belief act to the religious belief not
itself itself but merely offensive to a merely to a particular religion
particular religion

Alternative Crimes involving crimes creating disturbance in public

Art 153 Art 131 Art 132 Art 155 Art 138 or 142
Serious Prohibition, Interruption of Alarms and Inciting to
Disturbance interruption and Religious Worship Scandals Rebellion or
dissolution of Inciting to
peaceful meetings Sedition
Interruption or Prohibition, Interruption of Disturbance in Utterance of
disturbance of interruption and Religious Worship public statements
public dissolution of or ceremony
performance, peaceful meetings
function or
gathering not
covered by Art 131
and Art 132
Offender is any Offender is a Offender is a Offender is any Offender is any
person public officer who public officer person who person who made
prohibits, interrupts disturbs the peace statements the
interrupts tendency is to
dissolves incite to rebellion
or sedition
Disturbance must Disturbance is not
be serious serious

Alternative Crimes involving Use of Firearms

Art 155 When offender discharges a firearm in a public
Alarms and Scandals place but the firearm is not pointed to a particular
person when discharged
Illegal discharge of firearm When offender discharges a firearm pointed to a
particular person when discharged but without
intent to kill
Attempted homicide When offender discharges a firearm pointed to a
particular person when discharged but with intent
to kill and the person did not die but the wounds
are fatal
Attempted murder When offender discharges a firearm pointed to a
particular person when discharged but with intent
to kill and the person did not die but the wounds
are fatal. In addition it must be attended by
circumstances in Murder Art. 248
Physical Injuries When person was hit and injured but there was no
intent to kill
Grave Threat If the weapon is not discharged but merely
pointed to another threatening the commission of
a wrong and imposing a condition
Other Light threat If drawn in a quarrel but not in self defense
Homicide When person was hit and killed and there was
intent to kill
Murder When person was hit and killed and there was
intent to kill In addition it must be attended by
circumstances in Murder Art. 248
Separate Crime of Use of Illegal Firearms If what is used is a loose firearm

Variant crimes in killing a Child

Murder Parricide Infanticide Abortion
Offender is a Offender is a Offender can be the Offender is the mother, father,
stranger (including relative (including a parents, grand grandparents, physician, midwife
a co-conspirator mother killing her parents or stranger if
killing a 3 day old child 3 day old and there was conspiracy
and above child) above)
Offended party is a Offended party is a Offended party is a Intentional Abortion:
person regardless person who is child who is less than
of age who is not a three days days old three days old or 72 Intended victim: fetus
a father, mother or and above and a hours (must be Offended party is a fetus still
child, legitimate father, mother or already expelled in the inside the womb of the mother
ascendant or child, legitimate womb)
descendant or ascendant or Unintentional Abortion:
legitimate spouse descendant or
(e.g. brother or legitimate spouse Intended victim: mother
sister, collateral relative Offended party is a fetus still
relatives, affinity) inside the womb of the mother

Art 247 is not Art 247 is available

available as as defense
defense

To conceal To conceal To conceal dishonor is Concealment of dishonor is an

dishonor is not a dishonor is not a a privileged mitigating ordinary mitigating circumstance
mitigating mitigating circumstance to a woman ONLY :one period
circumstance circumstance lower
As to mother: 2
degress lower

As to maternal
grandparents: 1
degree lower
Penalty is Reclusion Penalty is Reclusion Qualify;: Qualify:
Perpetua to death Perpetua to death
Stranger co- Intentional Abortion under Art 256
conspirator: that of committed by the stranger/father
murder not a maternal grandmother not a
and not a mother:
Parent or grand
parent : that of If violence is used upon the
parricide pregnant woman: Reclusion
temporal
Mother to conceal
dishonor: prision If without violence and without
mayor consent of a woman: prision
mayor
Maternal
grandparents: If without violence but woman
reclusion temporal consented: prision correctional in
its medium and maximum periods

Unintentional committed by the

stranger/father not the mother:

Prision correccional in minimum to

medium periods

Intentional Abortion under Art 258

Practiced/consented by the
mother: prision correccional in
medium and maximum period

Practiced/consented by the
maternal grandparents: that
penalty for intentional abortion in
Art 256:

If without violence but woman

consented: prision correctional in
its medium and maximum periods

Intentional Abortion under Art 258

but for purpose of concealing
dishonor

Of a woman to conceal dishonor:

Prision correccional in minimum
and medium periods

by maternal grandparents with

consent of woman for the purpose
of concealing dishonor:
(not mitigating)

prision correccional in medium

and maximum period

Abortion by physician, midwife

Penalty in Art 256 in maximum
period thus,

If violence is used upon the

pregnant woman: Reclusion
temporal maximum period

If without violence and without

consent of a woman: prision
mayor maximum

If without violence but woman

consented: prision correctional in
it maximum period

As to pharmacist(dispensing of
abortives):arresto mayor
 Alternative Crimes by Using Fire
Murder If main purpose is to kill and fire is used as a means
to commit murder
Note: Fire may be an aggravating circumstance if
there are already other qualifying circumstances
for murder
Separate crimes of Homicide or Murder and If main purpose is to kill and fire is used to conceal
Arson the killing
Arson If main purpose is to burn building and death
results
Note: Homicide is absorbed
Homicide If burning was a joke but death results

Crimes involving Rape

Qualified Statutory Rape Child victim is under 7 years old
Simple Statutory Rape Child victim is 7-11
Qualified Rape Child victim is under 18 and incestuous
Woman is pregnant
Woman is engaged in religious calling
Woman is mentally disabled and physically
handicapped
Woman is in custody of police authorities
Rape by carnal knowledge Victim is a woman 12 years and above
Rape by sexual assault Victim is a man or woman 12 years and above
Marital Rape Victim is the legal wife of accused 18 years and
above

Alternative crimes involving Sexual intercourse with consent

Rape Seduction Qualified Seduction Child Abuse
Victim is under 12 years Girl must be more than Girl/woman must be a When woman is exactly
old (11 and under) who 12 but less than 18 (12 virgin 12 years old
may or may not be a and 1 day -17)
virgin Who may or may not be
a virgin
Reason: Minor is
incapable of giving
consent

Separate and Special Complex crimes involving Rape

Rape Only If original intent is to rape even if victim is taken away
Kidnapping with Rape If original intent is to kidnap and rape is an afterthought
Forcible abduction with Rape If taking was with lewd design and rape was committed
Kidnapping with Attempted Rape If original intent is to kidnap and rape is an afterthought and
was merely attempted
Forcible abduction If taking was with lewd design and rape was merely
attempted
Rape with Homicide/Murder If on occasion of rape someone was killed
Robbery with Homicide If on occasion of robbery, someone was rape and someone
(not necessarily the victim raped) was killed
-Rape is absorbed
Robbery with rape If on occasion of robbery someone was raped

Alternative crimes involving sexual conduct

Attempted Rape Acts of Lasciviousness Unjust Vexation Sexual Harassment
There is intent to lie No intent to lie Only to annoy To Solicit sexual favors
as condition for
employment or training
There must be an overt Mere scratching or Not lascivious conduct Sexual acts not
act of the penis about grazing the mons pubis amounting to rape
to enter the pudendum
Involves lascivious
conduct (e.g. touching
breast)

Variant Crimes in case of Intimidation in Crimes against Property

Robbery Threat Coercion
If it is immediate but conditional, If promise of harm is future and If promise of harm direct,
coupled with a demand for conditional immediate and personal
money or any consideration

With intent to gain No demand Not necessarily money is

demanded

No intent to gain

Variant Crimes involving seizure of property of Debtor

Unjust Vexation Robbery Estafa
By means of violence property is If value of property is greater There is no obligation on the
applied to the debt than the debt (intent to gain) part of the offended party to pay
but was feigned

Variant crimes involving Crimes against Property

Robbery with Robbery with Anti-carnaping Theft Estafa Occupation
 violence or Force upon of real
intimidation things property
and
usurpation
of real
rights
Taking of Taking of Taking of Taking without No taking, but Taking
personal personal motorized consent of use of deceit to possession
property with property with vehicle owned owner to gain gain juridical of real
violence or Force upon by another Material possession property or
intimidation things possession of real rights
against persons personal by means of
property violence or
intimidation
Entry of whole There is no
body is entry or entry is
required made in an
opening
intended for
entrance or
egress