Revised Penal Code Articles 209-300 Elements Philippines

Below is a comprehensive reviewer-style article on Articles 209 to 300 of the Revised Penal Code (RPC) of the Philippines, arranged in the exact numerical order of the Code. Each entry contains:

  • Statutory caption (in bold, as it appears in the RPC)
  • Elements of the offense – the facts the prosecution must prove beyond reasonable doubt, distilled from the Code and controlling Supreme Court rulings (up to 10 July 2025)
  • Penalty – with updated fines under R.A. 10951 (2017) and any later amendments
  • Key notes / illustrative jurisprudence – only for articles that figure regularly in litigation or bar examinations

Study tip – The elements are framed to match the usual “bar-exam language.” Where an article has two or more modes, each mode’s distinct elements are separately set out.


I. Crimes Committed by Public Officers

(Title VII, ch. 1, sec. 6 & ch. 2, Arts. 209-245)

Art. 209 – Betrayal of Secrets by an Attorney, Solicitor or Counsel

  • Mode 1: Betrayal of professional secrets

    1. Offender is an attorney-at-law, solicitor, counsel, apprentice, or employee assisting in legal practice.
    2. He learned a fact or secret by reason of the professional relationship.
    3. He maliciously reveals or exploits such secret, without authority or to the prejudice of the client.
  • Mode 2: Representation of conflicting interest

    1. Same first element.
    2. He undertakes the defense of the opposing party in the same case without the former client’s written consent.
  • Penalty: prisión correccional min.–med. and fine ₱ 100,000-₱ 400,000; temporary special disqualification.


Art. 210 – Direct Bribery

  • Elements (any of three variants):

    1. Offender is a public officer.

    2. He accepts an offer, promise, gift, share or benefit (directly or through another).

    3. The consideration is:

      • (a) to commit an act constituting a crime in connection with official duties; or
      • (b) to do an act which, while not a crime, is unjust (e.g., issue an illegal permit); or
      • (c) to refrain from doing an official duty.
  • Penalty:

    • Variant (a): penalty next lower than that prescribed for the intended crime + fine not less than thrice the value of the bribe + perpetual absolute disqualification.
    • Variants (b) & (c): prisión correccional max.–prisión mayor min. + fine not less than twice the bribe.
  • Key notes / cases: Sison v. People, G.R. 170339 (2012); People v. Dizon, G.R. 208644-45 (2017).


Art. 211 – Indirect Bribery

  1. Offender is a public officer.
  2. He accepts gifts offered to him by reason of his office – no need to show prior agreement.

Penalty: prisión correccional max.–prisión mayor min. + perpetual special disqualification + fine equal to the gift.


Art. 211-A – Qualified Bribery

  1. Offender is a public officer with duty to arrest or prosecute an offender punishable by reclusión temporal to death.
  2. He refrains from arresting/prosecuting in consideration of any offer, promise or gift.

Penalty: Reclusión temporal to reclusión perpetua (death being unavailable after R.A. 9346).


Art. 212 – Corruption of Public Officials

  1. Offender is any private person.
  2. He makes the offer or promise, or gives the gift described in Arts. 210 or 211.
  3. The public officer accepts (for consummated) or is merely offered (for attempted).

Penalty: same as that for the public officer in Arts. 210 or 211, except disqualification.


Art. 213 – Frauds Against the Public Treasury & Similar Fraud

Variant 1 (public treasury fraud)

  1. Public officer takes charge of government revenues, funds or property.
  2. He enters into an unauthorized transaction (contract, agreement, charter, etc.)
  3. Prejudice to the Government.

Variant 2 (other frauds) – Public officer connected with revenue or property fails to render accounts, collects sums not due, or fraudulently demands sums greater than authorized.

Penalty: prisión correccional min.–prisión mayor med. + fine equal to total damage or not less than ₱ 40,000, whichever greater.


Art. 214 – Other Frauds

Adds the penalty next higher in degree when any of the frauds in Arts. 213 & 215-218 is committed by a provincial, city or municipal treasurer or collector.


Art. 215 – Prohibited Transactions

  1. Provincial, city or municipal treasurer/collector directly or indirectly purchases property at a tax delinquency sale. Penalty: prisión correccional med.–prisión mayor min. + perpetual disqualification.

Art. 216 – Possession of Prohibited Interest (Officials Interested in Transaction)

  1. Public officer contracts or participates in any business wherein official intervention is required.
  2. He acts in his personal capacity or through another. Penalty: prisión correccional min.–med. + temporary special disqualification.

Art. 217 – Malversation of Public Funds or Property

  1. Offender is a public officer.
  2. He has custody or control of funds/property due to his office.
  3. Those funds/property are public and he is accountable therefor.
  4. He appropriates, takes, misappropriates, or allows another to do so, or through negligence permits such taking or misappropriation.

Penalty: Graduated per amount misappropriated (see Art. 217 & R.A. 10951). E.g., amount > ₱ 8.8 million → reclusión temporal max.–reclusión perpetua.

Jurisprudence: People v. Pantaleon, G.R. 215024-25 (2022) – presumption of malversation arises from failure to account.


Art. 218 – Failure of Accountable Officer to Render Accounts

  1. Accountable public officer is required by law/regulations to render accounts.
  2. He fails to do so for over 2 months after demand.

Penalty: prisión correccional min.–med. or fine ₱ 200,000-₱ 1 million, or both; temporary special disqualification.


Art. 219 – Failure to Make Delivery of Public Funds or Property

  1. Public officer having public funds/property by reason of office.
  2. Orderly demanded by competent authority to deliver/turn over.
  3. He refuses or fails to make delivery.

Penalty: prisión correccional max.–prisión mayor min. + fine equal to undelivered amount.


Art. 220 – Illegal Use of Public Funds or Property (Technical Malversation)

  1. Public officer has custody of public funds/property.
  2. He applies them to a public use other than that for which they were appropriated by law or ordinance.
  3. Appropriation is for a different public purpose.

Penalty: one degree lower than that for malversation involving same amount.


Art. 221 – Failure to Make Delivery of Public Funds/Property by Private Individual

Extends Arts. 219-220 to private individuals who, in any capacity, are responsible for public funds/property or who co-operate in malversation.


Arts. 222-245 – Other Offenses of Public Officers (brief digest)

For brevity, only the distinct elements are flagged; penalties follow the Code’s scale.

Article Offense / Core Element Highlights
223 Conniving with or consenting to prisoner escape – custody + intentional acts.
224 Evasion through negligence – custody + negligent escape.
225 Escape of prisoner under guard – private guard/custodian negligently or intentionally allows escape.
226 Removal/concealment/destruction of documents – custody of documents + intent to harm public interest.
227 Officer breaking seals – seals placed by superior/court + breaking them.
228 Opening of sealed documents – unlawfully opens closed documents entrusted to him.
229 Revelation of secrets by an officer – secrecies of Government; offender unauthorizedly reveals.
230 Public officer revealing secrets of private individual – secrets of a private person learned by reason of office.
231 Open disobedience – executive/administrative officer openly refuses to obey a decision/order of any superior/court.
232 Disobedience to superior when serious – involves public health/safety.
233 Refusal of assistance – public officer fails to render aid to competent authority.
234 Refusal to discharge elective office – elected refuses without legal motive.
235 Maltreatment of prisoners – physical/psychological abuse of prisoners.
236 Anticipation of duties of public office – assumes office without authority.
237 Prolonging performance of duties – continues to exercise authority beyond permitted period.
238 Abandonment of office – resigns/abandons post without approval.
239-241 Usurpation of legislative, executive or judicial powers – performing acts pertaining to another branch.
242 Disobeying request for inhibition – refuses to disqualify despite legal grounds.
243 Executive officer ordering judicial authority – unlawful interference with court functions.
244 Unlawful appointments – making appointments in violation of law.
245 Abuses against chastity – public officer solicits or makes immoral advances to a woman interested in matters pending before him, female relative of prisoner, or subordinate.

II. Crimes Against Persons

(Title VIII, Arts. 246-266-D)

General rule: The negative acts (killing, injuring, etc.) must be unlawful and attended by the specific circumstances stated. “Intent to kill” distinguishes homicide/murder from serious physical injuries.

Art. 246 – Parricide

  1. A person is killed.
  2. Offender is spouse, ascendant, descendant, legitimate/illegitimate parent-child, or other relative by affinity in the same line to the victim.
  3. Killing is unlawful.
  4. Offender knew relationship.

Penalty: reclusión perpetua to death (death supplanted by reclusión perpetua, R.A. 9346).


Art. 247 – Death or Physical Injuries Inflicted Under Exceptional Circumstances

Not a crime but a privileged circumstance:

  1. Spouse catches other spouse in actual act of sexual intercourse (or parent catches daughter < 18 & living with them).
  2. Offender kills or inflicts serious injuries on any or both parties immediately thereafter (no cool-off).
  3. Act done in the heat of passion.

Penalty: destierro.


Art. 248 – Murder

  1. Person is killed.

  2. Killing is unlawful.

  3. Any of the qualifying circumstances is present, e.g.:

    • treachery (alevosía)
    • evident premeditation
    • cruelty, ignominy
    • in consideration of price, reward or promise
    • by means of fire, poisoning, explosion, etc.
    • victim is a minor, pregnant woman, PWD (R.A. 10586), or by any of the circumstances introduced by later statutes.
  4. Offender is culpable.

Penalty: reclusión perpetua to death (death now reclusión perpetua).


Art. 249 – Homicide

  1. Person is killed.
  2. Killing is unlawful and none of the qualifiers in Art. 248 present. Penalty: reclusión temporal.

Art. 250 – Penalty for Frustrated/Attempted Parricide, Murder, Homicide

Penalty: two and one degrees lower respectively than consummated offenses.


Art. 251 – Death Caused in a Tumultuous Affray

  1. Several persons, not organised for common purpose of assault, quarrel and assault each other.
  2. Someone is killed.
  3. It cannot be ascertained who actually killed.
  4. Person/s inflicting serious injuries identified.

Penalty: prision mayor min.–med. for identified persons.


Art. 252 – Physical Injuries in Tumultuous Affray

Similar to Art. 251 but only serious physical injuries result. Penalty graduated.


Art. 253 – Giving Assistance to Suicide

Mode 1: assisting suicide (reclusión temporal) Mode 2: assisting and killing attempter (reclusión temporal max.–reclusión perpetua)


Art. 254 – Discharge of Firearms

  1. Offender discharges a firearm.
  2. At or against another person.
  3. No intent to kill (otherwise homicide/murder). Penalty: prision correccional max.–prision mayor min.

Art. 255 – Infanticide (child < 3 days old)

Elements parallel to homicide + age of victim. Penalties tied to parricide/homicide minus two degrees when mother or maternal grandparents act to conceal dishonor.


Arts. 256-259 – Abortion

Different actors (pregnant woman, parents, physician, midwife, dispenser). Essential elements: pregnancy + violence, intent to cause abortion (except unintentional), age of fetus (< viability). Penalties: prision correccional to prision mayor; professional perpetual disqualification for physicians.


Art. 260-262 – Duel & Mutilation

Rarely charged; elements include formal challenge, consent to fight, killing or injuries.


Art. 263 – Serious Physical Injuries

  1. Offender wounds, beats or assaults another.
  2. Injury qualifies under any of four paragraphs (incapacity > 30 days, insanity, loss of organ, etc.).
  3. Intent to kill absent.

Penalty depends on gravity/intent.


Art. 264 – Administering Injurious Substances

Giving poison/injurious substance without intent to kill but causing serious/less serious injuries.


Art. 265 – Less Serious Physical Injuries (incapacity > 10 but ≤ 30 days; or requires medical attendance > 10 days)

Art. 266 – Slight Physical Injuries & Maltreatment (incapacity ≤ 9 days or none; includes ill-treatment without injuries)


Arts. 266-A to 266-D – Rape (as amended by R.A. 8353 & 11648)

Two modes

  1. Traditional (carnal knowledge):

    • Offender has carnal knowledge of a person.
    • By force/ intimidation; or through fraudulent machination; or victim is unconscious; or under 18 and with moral ascendancy; etc.
  2. Sexual assault:

    • Offender inserts his penis into another’s mouth/anal or any instrument into genital/anal orifice of another.
    • Same circumstances of force, intimidation, or when victim is under 18.

Penalty: reclusión perpetua (qualified rape may be death-level penalty → reclusión perpetua without parole).

Special rules: Art. 266-B (qualified circumstances), 266-C (pardon does not extinguish civil action), 266-D (presumptions).


III. Crimes Against Personal Liberty and Security

(Title IX, Arts. 267-292)

Article Offense / Key Elements (summary) Usual Penalty
267 Kidnapping & Serious Illegal Detention – (1) private individual, (2) kidnaps or detains another, (3) acts illegal, (4) any of: ransom, >3 days, serious physical injuries, victim minor, female, or PWD reclusión perpetua
268 Slight Illegal Detention – same as 267 but none of special circumstances reclusión temporal
269 Unlawful Arrest – arrests/detains without legal ground prision correccional
270 Kidnapping/Failure to Return Minor – entrusted minor not returned reclusión perpetua
271 Inducing Minor to Abandon Home – entice/force minor to leave parents/home prision correccional
272 Slavery – purchase, sell or detain as slave reclusión mayor
273 Exploitation of Child Labor – retain a child for labor/services against will prision correccional
274 Services Under Compulsion – compel person to work against will to pay debt arresto mayor
275 Abandonment of Persons in Danger – abandon without assistance arresto mayor
276 Abandoning a Minor – (parent/gua.) abandons w/out intent to kill prison correccional
277 Abandonment by Person in Charge – fails to deliver minor within 15 days of demand arresto mayor
278 Exploitation of Minors – hands instruments of crime to minor, etc. arresto mayor/pris. correc.
279 Additional Penalties – accessory to preceding crimes
280 Qualified Trespass to Dwelling – enters against will of occupant by violence/force pris. correc.
281 Other Forms of Trespass – enters fenced estate w/out permission arresto menor
282 Grave Threats – threaten another with wrong amounting to crime penalty next lower than threatened offense
283 Light Threats – threaten with a wrong not a crime arresto mayor
284 Bond for Good Behaviour – court may require
285 Other Light Threats – e.g., menacing gestures, empty weapon arresto menor
286 Grave Coercions – prevent free exercise of will by violence (no labor disputes) pris. correc.
287 Light Coercions – unjustly take property to compel payment arresto menor +
288 Other Similar Coercions (e.g., closed shop violations) fines
289 Formation/Maintenance of Capital or Labor Combinations – ‘company union’ fines
290 Discovering Secrets through Seizure of Correspondence – seize letters pris. correc.
291 Revealing Secrets with Abuse of Office – public officer reveals seized secrets pris. correc.
292 Revelation of Private Secrets – private individual reveals secrets arresto mayor

(Penalties above adjusted by R.A. 10951 for fines where applicable.)


IV. Crimes Against Property

(Title X, Arts. 293-300)

Art. 293 – Robbery (Definition & Classifications)

Taking of personal property belonging to another with intent to gain (animus lucrandi) by violence, intimidation, or force upon things.

Articles 294-299 supply the specific penalties.


Art. 294 – Robbery with Violence/Intimidation & Homicide

Four composite crimes—elements common:

  1. Robbery by violence or intimidation;
  2. Additional act: (a) homicide, (b) rape, (c) serious physical injuries, or (d) any of them.

Penalty: ranging from reclusión temporal med.–reclusión perpetua depending on result.


Art. 295 – Robbery with Violence/Intimidation in Train, Motor Vehicle, etc.

Aggravating circumstance: committed in a train, streetcar, motor vehicle, or on a highway by two or more persons armed. Penalty: one degree higher than Art. 294.


Art. 296 – Robbery by a Band

  1. At least four armed malefactors.
  2. Robbery with violence/intimidation. Penalty: one degree higher than that for ordinary robbery.

Art. 297 – Attempted/Frustrated Robbery with Homicide

If during attempted/frustrated stage a homicide is committed. Penalty: reclusión temporal max.–reclusión perpetua.


Art. 298 – Execution of Deeds by Means of Violence or Intimidation

Forcing signature or thumb-mark on a document without intent to gain. Penalty: prisión correccional max.–prisión mayor med.


Art. 299 – Robbery in an Inhabited House or Public Building (by Force upon Things)

  1. Offender enters an inhabited house, public building, or dependencies.
  2. Entrance through any breaking, false keys, picklocks or concealment listed in Art. 299.
  3. Takes personal property with intent to gain.

Penalty: When value > ₱ 1.2 millionprisión mayor; graduated downward for lesser values (R.A. 10951).


Art. 300 – Robbery in an Uninhabited Place or by Means of Force upon Things

Same elements as Art. 299 except:

  • Place is uninhabited or not a public building/ dependencies or
  • Property taken outside the premises after entry.

Penalty: one degree lower than Art. 299 for same value brackets.


Concluding Notes

  1. Intent to gain (“lucre”) is indispensable in robbery but irrelevant in theft-like taking by public officers (malversation).
  2. Complex and special laws – Where a special law defines the same act with a heavier penalty (e.g., R.A. 7080 plunder; R.A. 7659 qualified theft of large cattle), the special law prevails.
  3. Prescription of crimes – Governed by Arts. 90-92 RPC; e.g., murder (reclusión perpetua) prescribes in 20 years, malversation in 20 years plus any suspension time.
  4. Civil liability – Always subsists; in malversation, restitution is mandatory but does not erase criminal liability (Art. 217 ¶ 3).
  5. Mitigating/aggravating circumstances under Arts. 13-15 apply unless absorbed as qualifying (e.g., treachery in murder).

This completes the elemental outline for Articles 209 through 300 of the Revised Penal Code, current as of 10 July 2025 in Philippine law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.