CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND

THE LAW OF NATIONS
Crimes against national security.
1. Treason (114)
2. Conspiracy and proposal to commit treason (115)
3. Misprision of treason (116)
4. Espionage (117)
Crimes against the law of nations.
1. Inciting to war or giving motives for reprisals (118)
2. Violation of neutrality (119)
3. Correspondence with hostile country (120)
4. Flight to enemys country (121)
5. Piracy in general and mutiny on the high seas or in
Philippine waters (122)
114. TREASON
Elements:
1. Offender Filipino citizen or alien residing in the
Philippines
2. There is a war Philippine is involved (not civil war)
3. Offender (a) levies war against the government
(declare war) or (b) adheres to the enemies giving
them aid or comfort.
Treason breach of allegiance to the government committed
by a person who owes allegiance to it.
Allegiance the obligation of fidelity and obedience which the
individuals owe to the government under which they live or to
their sovereign, in return for the protection they receive.
** Treason cannot be committed in time of peace while there
is peace, there are no traitors. Treason is a war crime, it is
punished by the state as a measure of self-defense and selfpreservation.
Levies war actual assembling of men for the purpose of
executing a treasonable design by force. It is not necessary
that there be a formal declaration of the existence of a state of
war. The war must be directed against the government:
organized to overthrow and destroy the established
government. Mere public uprising to inflict an act of hate or
revenge upon the persons of public officers does not constitute
treason because it is not directed against the government. The
levying of war must be in collaboration with a FOREIGN
COUNTRY.
** Adherence and giving aid or comfort to the enemy must
CONCUR TOGETHER.

** Treason by Filipino citizen can be committed outside of the

Philippines, but treason by an alien must be committed IN THE
PHILIPPINES.
** Treason is a continuous offense may be committees by
one single act, series of acts, several series thereof, and
different times.
Ways of proving treason:
1. Testimony of two witnesses to the same overt act, or
2. Confession of the accused in open court
Two-witness rule: The testimony of two witnesses is required to
prove the overt act of giving aid or comfort. It is not necessary
to prove adherence. Each of the witnesses must testify to the
whole overt act, or if separable, there must be two witnesses to
each part of the overt act.
** The defense of duress, lawful obedience to a de facto
government is a good defense in treason.
115. CONSPIRACY & PROPOSAL TO COMMIT TREASON
** Conspiracy to commit treason is committed when in time of
war, two or more persons come to an agreement to levy war
against the government or to adhere to the enemies and to
give them aid or comfort, and decide to commit it.
** Proposal to commit treason is committed when in time of
war a person who has decided to levy war against the
government or to adhere to the enemies and to give them aid
or comfort, proposes its execution to some other person or
persons.
** Reason: in treason, the very existence of the state is
ENDANGERED.
** The two-witness rule does not apply to conspiracy or
proposal to commit treason.
116. MISPRISION OF TREASON (keeping it to himself,
silence)
Elements:
1. Offender owing allegiance to the government and
NOT a foreigner
2. Offender has knowledge of any conspiracy to
commit treason against the government
3. Offender conceals or does not disclose and make
known the same as soon as possible to the (a)
governor or fiscal of the province or (b) to the mayor
or fiscal of the city WHICH HE RESIDES.
** Cannot be committed by a resident alien

** The aid and comfort must be given to the enemy by some

kind of action it must be a deed or physical activity, not
merely a mental operation. It must be to render assistance to
them as enemies and in furtherance of the enemies hostile
designs.
**Murder and physical injuries were inherent in the crime of
treason characterized by the giving of aid and comfort to the
enemy. These crimes cannot be complexed with treason.

Hanna Magkasi 2007

** Does not apply when treason is already committed by

someone and the accused does not report its commission to
the proper authority knowledge of CONSPIRACY
** His penalty is like the penalty for an accessory, still he is in
the state of being the principal.

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117. ESPIONAGE (spy)

Two ways of committing:
A. Entering
Elements:
1. Offender enters a Warship, Fort, Naval or
Military establishment or reservation
2. He has no authority to do so
3. Purpose to obtain Information, Plans,
Photographs or other data of a confidential
nature relative to the defense of the Philippines

121. FLIGHT TO ENEMYS COUNTRY

Elements:
1. There is a war in which the Philippines is involved
2. Offender owes allegiance to the Philippine
government
3. Offender attempts to flee or go to enemys
country
4. Going to the enemys country is prohibited by
competent authority (government)
** Mere attempt to enemys country consummates the crime.

B. Disclosing
1. Offender public officer
2. He has in his possession the said articles, data
or information by reason of the public office he
holds
3. He discloses their contents to a representative of
a foreign nation.
118. INCITING TO WAR OR GIVING MOTIVES FOR
REPRISAL
Elements:
1. Offender performs unlawful or unauthorized
acts
2. Such acts provoke or give occasion for a war
involving or liable to involve the Philippines or
expose Filipino citizens to reprisal on their
persons or property
** The intention of the offender is immaterial the law
considers the effects produced by the act of the accused. Such
acts might disturb the friendly relation that we have with a
foreign country, and that are penalized even if they constitute a
mere imprudence.
** Committed in time of peace
119. VIOLATION OF NEUTRALITY
Elements:
1. There is war in which the Philippines is NOT
INVOLVED
2. There us a regulation issued by competent
authority for the purpose of enforcing neutrality
3. Offender violates such regulation
** A nation or power which takes no part in a contest of arms
going on between others is referred to as neutral.
120. CORRESPONDENCE WITH HOSTILE COUNTRY
Elements:
In time of war in which the Philippines is involved
1. Offender makes correspondence with an
enemy country or territory occupied by enemy
troops
2. The correspondence is either
a. Prohibited by the government
b. Carried on ciphers or conventional
signs, or
c. Containing notice or information which
might be useful to the enemy

** If fleeing or going to an enemy country is not prohibited by

competent authority, the crime is not committed.
122. PIRACY IN GENERAL AND MUTINY ON THE HIGHT
SEAS
Elements:
1. A vessel is on the high seas or in Philippine
waters
2. Offenders not members of its complement or
passengers of vessels
3. Offenders (a) attack or seize that vessel, or (b)
seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of
its complement or passengers.
Piracy robbery or forcible depredation on the high seas
without lawful authority and done with intent to steal.
Piracy vs. robbery on the high seas: there is violence against
or intimidation of persons or force upon things in taking the
property in the vessel -Robbery offender is a member of the complement
or a
passenger of the vessel;
Piracy offender is NOT a passenger or a member of
the
complement of the vessel.
Mutiny usually committed by the other members of the
complement and may be committed by the passengers of the
vessel. It is the unlawful resistance to a superior officer or the
raising of commotions and disturbances on board a ship
against the authority of its commander.
Piracy
Persons who attacks the
vessel or seize its cargo are
STRANGERS to said vessel
Intent to steal is essential

Mutiny
They are members of the
crew or passengers
Intent to ignore the ships
officers or they may be
prompted by a desire to
commit plunder

Correspondence communication by means of letters

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123. QUALIFIED PIRACY

There should be piracy or mutiny in the high seas. This will be
qualified if any of the following circumstances is present:
1. Whenever the pirates have seized the vessel by
boarding 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.
** This is a special complex crime punishable by reclusion
perpetua regardless of the number of victims.
** Any person who aids or protects pirates or abets the
commission of piracy shall be considered as an accomplice.

Warrantless arrest:
1. When in the presence of a peace officer or a private
person, the person to be arrested has committed, is
actually committing, or is attempting to commit an
offense;
2. When an offense has in fact just been committed, and
he has probable cause to believe based on personal
knowledge of facts and circumstances that the person
to be arrested has committed it;
3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where
he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another.

** It can be committed thru imprudence.

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE
1. Arbitrary detention (124)
2. Delay in the delivery of detained persons to the
proper judicial authorities (125)
3. Delaying release (126)
4. Expulsion (127)
5. Violation of domicile (128)
6. Search warrants maliciously obtained and abuse in
the service of those legally obtained (129)
7. Searching domicile without witness (130)
8. Prohibition, interruption, and dissolution of peaceful
meetings (131)
9. Interruption of religious worship (132)
10. Offending of religious feelings (133)
124. ARBITRARY DETENTION
Elements:
1. Offender public officer or employee
2. Offender detains a person
3. Detention without legal grounds
** Public officers liable must be vested with authority to
detain or order the detention of persons accused of a crime;
i.e. policemen, judges, mayor.
** There is detention when he is placed in a confinement or
there is a restraint on his person even if hr could move freely,
as long as he could not escape for fear of being apprehended
again.
Legal grounds for the detention of a person:
1. Commission of a crime
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital.
** Arrest without warrant us the usual cause of arbitrary
detention.

Hanna Magkasi 2007

125. DELAY IN THE DELIVERY OF DETAINED PERSONS

TO THE PROPER JUDICIAL AUTHORITIES
Elements:
1. Offender public officer or employee
2. Offender detained a person for some legal grounds
3. Offender fails to deliver person to proper judicial
authorities within:
12 hours offenses of light penalty
18 hours offenses of correctional penalty
36 hours offenses of afflictive or capital penalty
** Applies only to legal warrantless arrest if the arrest was
made with warrant, the person arrested can be detained
indefinitely until his case is decided by the court or he posts a
bail for temporary release.
** Reason for provision it is intended to prevent any abuse
resulting from confining a person without informing him of his
offense and without permitting him to go on bail.
126. DELAYING RELEASE
Elements:
1. Offender public officer or employee
2. There is a
(a) judicial/executive order for prisoners release
(b) proceeding upon a petition for prisoners
liberation
3. Offender, without good reason, delays
(a) service of the notice of such order to the
prisoner
(b) performance of such J/E order for release
(c) proceedings upon a petition of a petitioners
liberation (writ of habeas corpus)
** Wardens and jailers are the public officers most likely to
violate article 126.
127. EXPULSION
Elements:
1. Offender public officer or employee
2. Offender expels any person from the
Philippines or compels a person to change
residence
3. Offender not authorized by law to do so.
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** Only the court by a final judgment can order a person to

change his residence. This can be by ejectment proceedings,
expropriation proceedings, and the penalty of destierro.
128. VIOLATION OF DOMICILE
Elements:
1. Offender public officer or employee
2. Offender not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers
and other effects
3. Does any of the following acts:
a. entered a dwelling against the will of the
owner thereof;
b. searched papers or other effects found
therein without previous consent of such
owner;
c. refused to leave the premises after having
surreptitiously (secretly) entered said
dwelling and having been required to leave
the same.
** Against the will of the owner
- there should be OPPOSITION or PROHIBITION,
expressed or implied
- no crime committed if entrance is merely without
consent of the owner.
** Qualifying circumstances:
1. nighttime
2. papers/effects not constituting evidence of a crime are
not returned immediately after the search made by
the offender
129. SEARCH WARRANTS MALICIOUSLY OBTAINES AND
ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
Procuring a search warrant without just cause
Elements:
1. Offender public officer or employee
2. Offender procures a search warrant
3. There is no just cause
Properties to be seized:
1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of
the offense
3. Used or intended to be used as the means of
committing an offense
Requisites for issuing search warrant:
1. Probable cause connected with one specific
offense, determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce
2. Particularly describing the place to be searched or the
person of place to be seized, which may be anywhere
in the Philippines
** A search warrant shall be valid for 10 days from its date.
Thereafter, it shall be void.

Probable cause facts and circumstances which would lead a

reasonably discreet and prudent man to believe that an
offense has been committed, and that the object sought in
connection with the offense are in the place sought to be
searched.
** Peace officers may enter the house of an offender who
committed an offense in their presence.
Exceeding authority or using unnecessary severity in executing
a search warrant legally procured
Elements:
1. Offender public officer or employee
2. He has legally procured a search warrant
3. He exceeds his authority or uses unnecessary
severity in using the same.
130. SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
1. Offender public officer or employee
2. Offender armed with search warrant legally
procured
3. Offender searches the domicile, papers or other
belongings of any person
4. Owner or any member of his family or two witnesses
residing in the same locality are not present
131. PROHIBITION, INTERRUPTION, AND DISSOLUTION
OF PEACEFUL MEETINGS
Elements:
1. Offender public officer or employee
2. Commits any of the following:
a. Prohibiting or interrupting, without legal ground,
the holding of a peaceful meeting, or by
dissolving the same;
b. Hindering any person from joining any lawful
association or from attending any of its meetings;
c. 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.
** Clear and present danger to justify suppression of free
speech, there must be reasonable ground to believe that the
danger apprehended is IMMINENT and that the evil to be
prevented is a serious one.
** The offender should be a stranger, and not a participant of
the peaceful meeting.
132. INTERRUPTION OF RELIGIOUS WORSHIP
Elements:
1. Offender public officer or employee
2. Religious ceremonies or manifestations of any
religion are about to take place or going on
3. Offender prevents or disturbs the same
** Religious acts performed anywhere
** Qualified if committed with violence or threats

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133. OFFENDING OF RELIGIOUS FEELINGS

Elements:
1. Offender anyone
2. Act complained is performed (a) in a place devoted
to religious worship, or (b) during the celebration of
any religious ceremony
3. Act must be notoriously offensive to the feelings of the
faithful
** There must be deliberate intent to hurt the feelings of the
faithful
** Offense to feelings is judged from the complainants point-ofview
VIOLATIONS IN CONSTITUTION:
1. Arts. 124, 125, and 126 - Sec. 1, Art. 3: Right to
liberty
2. Art. 127 - Sec. 6, Art. 3: Liberty of abode
3. Arts. 128, 129, and 130 - Sec. 2, Art. 3: Right against
unreasonable searches and seizures
4. Art. 131 - Sec. 4, Art. 3: Freedom of speech,
expression, and press, assembly and redress of
grievances
5. Arts. 132 and 133 - Sec. 5, Art. 3: Freedom of religion

25. Commission of another crime during service of

penalty imposed for another previous offense (160)
134. REBELLION OR INSURRECTION
Elements:
1. There is (a) public uprising and (b) taking arms
against the government.
2. Purpose of uprising or movement:
a. to remove from the allegiance to said
government or its laws
(1)
the territory of the Philippines or
any part thereof; or
(2)
any body of land, naval or armed
forces; or
b. to deprive the Chief Executive or Congress,
wholly or partially of any of their powers or
prerogatives.
Rebellion its object is completely to overthrow and
supersede the existing government.
Insurrection a movement which seeks merely to effect some
change of minor importance, or to prevent the exercise of
governmental authority with respect to a particular matter or
subject.
** Purpose of the uprising must be shown.

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

1. Rebellion or insurrection (134)
2. Coup detat (134-A)
3. Conspiracy and proposal to commit coup detat,
rebellion or insurrection (136)
4. Disloyalty of public officers or employees (137)
5. Inciting to rebellion (138)
6. Sedition(139)
7. Conspiracy to commit sedition (141)
8. Inciting to sedition (142)
9. Acts tending to prevent the meeting of Congress and
similar bodies (143)
10. Disturbance of proceedings of Congress or similar
bodies (144)
11. Violation of parliamentary immunity (145)
12. Illegal assemblies (146)
13. Illegal association (147)
14. Direct assaults (148)
15. Indirect assaults (149)
16. Disobedience to summons issued by Congress, its
committees, etc., by the constitutional commission, its
committees, etc. (150)
17. Resistance and disobedience to a person in authority
or the agents of such person (151)
18. Tumults and other disturbances of public order (153)
19. Unlawful use of means of publication and unlawful
utterances (154)
20. Alarms and scandals (155)
21. Delivering prisoners from jails (156)
22. Evasion of service of sentence (157)
23. Evasion on occasion of disorders (158)
24. Violation of conditional pardon (159)

Hanna Magkasi 2007

** It is not necessary that the purpose of the rebellion be

accomplished if they are successful, they get to hold the
government; they will not sue their own selves.
Treason
Levying of war against the
government, performed to aid
the enemy;

May be committed by mere

adherence to adherence to
the enemy giving him aid or
comfort;
Can be committed by an
individual;
Crime against national
security

Rebellion
Levying of war against the
government for reasons:
remove from allegiance to
government and deprive
president and congress of any
of their powers;
Always involves taking up
arms (uprising) against the
government;
Multitude/ crime of masses.
Crime against public order

134-A. COUP DETAT

Elements:
1. Offender person/s belonging to the military or police
holding any public office or employment;
2. Committed swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
3. Attack directed against duly constituted authorities
of the Philippines or any military camp or installation,
communication networks, public utilities, or other
facilities needed for the exercise and continued
possession of power;
4. Purpose of attack to seize/diminish state power

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Persons liable for rebellion, insurrection, and coup detat

Leaders
1. Any person who promotes, maintains, or heads a
rebellion or insurrection;
2. Any person who leads, directs or commands others to
undertake a coup detat.
Participants
1. Any person who participates or executes the
commands of others in a rebellion or insurrection;
2. Any person IN THE GOVERNMENT who participates
or executes the commands of others in a coup detat;
3. Any person NOT in the government service who
participates, supports, finances, abets, or aids in
undertaking a coup detat.
** Mere silence or omission is not punishable in rebellion.
** No complex crime of rebellion Hernandez Ruling
- Other crimes committed as a means to, or, in
furtherance of rebellion are absorbed in the
crime.
- If other crimes were committed for private
purpose/profit, without any political motivation,
would be separately punished and would not be
absorbed in rebellion.
136. CONSPIRACY AND PROPOSAL TO COMMIT COUP
DETAT, REBELLION OR INSURRECTION
** There is conspiracy to commit rebellion when two or more
persons come to an agreement to rise publicly and take arms
against the government for any purpose of rebellion and
decide to commit it.
** There is proposal to commit rebellion when the person who
has decided to rise publicly and take arms against the
government for any of the purposes of rebellion proposes it
execution to some other person or persons.
137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
Elements:
1. Offender public officer or employee
2. Offender must not be in conspiracy with the
rebels
3. Does any of the following acts:
a. Failing to resist rebellion by al the
means in their power;
b. Continuing to discharge the duties of
their offices under the control of the
rebels;
c. Accepting appointment to office under
them.
There should be the existence of rebellion by OTHER
PERSONS

138. INCITING TO REBELLION OR INSURRECTION

Elements:
1. Offender does not take arms or is not in open
hostility against the government;
2. Offender incites others to rise publicly and take
arms against the government for the purposes of
rebellion
3. Done by means of speeches, proclamations, writings,
emblems, banners, or other representations tending
to the same end.
Inciting to rebellion
Not required that the offender
has decided to commit
rebellion;
The act of inciting is done
PUBLICLY;

139. SEDITION
Elements:
1. Offenders rise publicly and tumultuously;
2. Offenders employ Force, Intimidation, or other
means outside of legal methods;
3. Objects:
a. To prevent the promulgation or execution of
any law of the holding of any 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 prevent the execution
of any administrative order;
c. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
d. To commit, for any political or social end, any
act of hate or revenge against private
persons or any social class; and
e. To despoil, for any political or social end, any
person, municipality or province, or the
National Government of all its property or
any part thereof.
Sedition
Public uprising tumultuous
Purpose may be political or
social
Common crimes not
absorbed
Proposal is not punished
Objects raising of
commotions or disturbances
in the state;
(5 objects of sedition)
Offended party government,
public officers or employees,

Hanna Magkasi 2007

Proposal to commit
rebellion
The person who proposes
has decided to commit
rebellion;
The person who proposes the
execution of the crime uses
SECRET MEANS.

Rebellion
Taking up of arms against the
government
Purpose is always political
Common crimes are
absorbed
Proposal is punished
Objects: purpose of taking
arms against government;
(remove from allegiance and
deprive exec. and legis. of
freely exercising their powers)
Offended party state as a
whole
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private persons and social

class
141. CONSPIRACY TO COMMIT SEDITION
** There must be an agreement and a decision to rise publicly
and tumultuously to attain any of the objects of sedition.
** Proposal to commit sedition is not punishable.
142. INCITING TO SEDITION
Elements:
1. Offender does not take direct part in the crime of
sedition
2. Offender incites others to the accomplishment of
any of the acts which constitute sedition
3. By means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations
tending to the same end a. or utter seditious words or speeches, write,
publish or circulate scurrilous libels against
the government of the Philippines, or any of
the duly constituted authorities thereof;
b. or which tend to disturb or obstruct any
lawful officer in executing the functions of his
office;
c. or which tend to instigate others to cabal and
meet together for unlawful purposes
d. or which suggest or incite rebellious
conspiracies or riots;
e. or which lead or tend to stir up the people
against unlawful authorities or to disturb the
peace of the community, safety and order of
the government;
f. or who shall knowingly conceal such evil
practices.
** It is not necessary that the words used should in fact result
in a rising of people against the constituted authorities. Its
purpose is to punish utterances which may endanger public
order.
Scurrilous low, vulgar, mean, or foul.
Two rules relative to seditious words:
1. The clear and present danger rule
a. danger of a public uprising danger should
be clear and imminent
b. there must be reasonable ground to believe
that the danger apprehended is imminent,
and the evil sought to be prevented is a
serious one. probability of serious injury
2. The dangerous tendency rule
a. words used tend to create a danger of public
uprising;
b. when the words uttered or published could
easily produce dissatisfaction among the
people and a state of feeling in them
incompatible with a disposition to remain
loyal to the government and obedient to laws

Hanna Magkasi 2007

143. ACTS TENDING TO PREVENT THE MEETING OF THE

ASSEMBLY AND SIMILAR BODIES
Elements:
1. There is a projected or actual meeting of
congress or any of its committees, constitutional
commission, committees, or division, or any
provincial board, city, municipality, council or
board;
2. Offender any person that prevents the meeting
by force or fraud.
144. DISTURBANCE OF PROCEEDINGS
Elements:
1. Meeting congress or any of its committees,
subcommittees, divisions, provincial board, or
city/municipal council or board
2. Does:
a. disturbs any of such meetings
b. behaves in such a manner as to interrupt its
proceedings or to impair respect due it.
** The complaint for disturbance of proceedings may be filed
by a member of a legislative body.
** One who disturbs the proceedings of the congress may also
be punished for contempt by the assembly.
145. VIOLATION OF PARLIAMENTARY IMMUNITY
Using force, intimidation, threats, or frauds
Elements:
1. Offender uses force, intimidation, threats, fraud
2. Purpose prevent any member of the congress to:
a. attend the meeting of the congress or any of
its committees or constitutional
commissions;
b. express his opinions;
c. cast his vote.
Arresting or searching any member while in session
Elements:
1. Offender public officer or employee
2. Offender arrests or searches any member of the
congress
3. Congress is in regular or special session at the time
of arrest or search
4. Congressman arrested or searched has not
committed any crime punishable under RPC by a
penalty of prision mayor (6y, 1d 12y) or higher
** Parliamentary immunity does not protect members of the
Congress from responsibility before the legislative body itself.
146. ILLEGAL ASSEMBLIES
Meeting attended by armed persons any crimes under RPC
Elements:
1. Gathering of persons fixed place or moving
2. Attended by armed persons
3. Purpose commit any crime under RPC

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** The persons present at the meeting must be armed NOT

ALL persons must be armed.
** The unarmed person merely present at the meeting is liable.
Armed/not treason, rebellion, insurrection, sedition, or direct
assault
Elements:
1. Meeting or gathering of persons
2. Audience, armed or not, incited to commit treason,
rebellion, insurrection, sedition, or direct assault
** Audience is actually incited.
- Persons liable are the organizers or leaders of,
and persons merely present at the meeting;
- Incited to commit rebellion or sedition (a) illegal
assembly as regards the organizers or leaders
and persons merely present, and (b) inciting to
sedition insofar as the once inciting is concerned.
** The persons merely present at the meeting must have a
common intent to commit the felony of illegal assembly. The
absence of such intent may exempt the person present from
criminal liability.
** Unlicensed firearm presumed for the purpose of the
meeting; he is considered a leader or organizer of the meeting.
** Illegal possession of firearms absorbed; if acquitted,
separate crime of illegal possession of firearms.
147. ILLEGAL ASSOCIATIONS
They are:
1. Associations totally or partially organized for the
purpose of committing any of the crimes punishable
under RPC.
2. Associations totally or partially organized for some
purpose contrary to public morals.
Persons liable:
1. Founders, directors, and president of the association;
2. Mere members of the association.
Illegal Assembly
Actual meeting or assembly is
necessary;
Meeting and attendance at
such meeting are punished;
Organizers, leaders, persons
present at the meeting
LIABLE

Illegal Association
Actual meeting is NOT
necessary;
The act of forming or
organizing and membership in
the association that are
punished;
Founders, directors,
president, and members LIABLE

148. DIRECT ASSULTS

Force or intimidation
Elements:
1. Offender employs force or intimidation
2. Aim attain any of the purposes of REBELLION and
SEDITION
3. No public uprising

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Makes attack, employs force, serious intimidation, serious

resistance
Elements:
1. Offender makes attack, employs force, makes
serious intimidation, serious resistance
2. Victim person in authority or his agent
3. Offender knows victim is a person in authority
4. Victim: (a) engaged in actual performance of duty, or
(b) by reason of past performance of duty
5. No public uprising
Attack includes offensive or antagonistic movement or action
of any kind.
Force must be of serious character as to indicate
determination to defy the law and its representative at all
hazards.
** The force employed need not be serious when the offended
party is a person in authority.
** The intimidation or resistance must be serious whether the
offended party is an agent only or he is the person in authority.
** When a person in authority or his agent is the one who
provokes and attacks another person, the latter is entitled to
defend himself and cannot be held liable for assault or
resistance not for physical injuries, because he acts in
legitimate defense.
** When a person in authority or his agent exceeds his power
or acts without authority, it is not the exercise of the functions
of his office. When he makes unnecessary use of force or
violence and goes beyond the limits of his power, he acts as a
private person.
** There can be no assault upon or disobedience to one
authority by another when they both contend in the exercise for
their respective duties. (The crime committed may be physical
injuries only).
** The accused must have the knowledge that the offended
party was a person in authority (or agent) in the exercise of his
duties, because the accused must have the intention to offend,
injure or assault the offended party as a person in authority or
agent of such person.
** The defendant must have the intention to defy the
authorities.
Qualified assault:
1. committed with a weapon;
2. offender is a public officer or employee;
3. offender lays hands upon a person in authority.

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149. INDIRECT ASSAULT

Elements:
1. Person in authority or his agent is the victim of any if
the forms of direct assault;
2. Another person comes to the aid of such authority or
his agent;
3. The offender makes use of force or intimidation upon
such person coming to the aid of the authority or his
agent.

In applying the provisions of Articles 148 and 151 of this Code,

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,
shall be deemed persons in authority.

** Indirect assault is committed only when direct assault is also

committed.

153. TUMULTS AND DISTURBANCES

They are:
1. Causing any serious disturbance in a public place,
office or establishment;
2. Interrupting or disturbing performances, functions or
gatherings or peaceful meetings, if the act is not
included in arts. 131 and 132;
3. Making an outcry tending to incite rebellion or sedition
in any meeting, association, or public place;
4. Displaying placards or emblems which provoke a
disturbance of public order in such place;
5. Burying with pomp the body of a person who has
been legally executed.

151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR HIS AGENTS
Resistance and serious disobedience
Elements:
1. Person in authority or his agents engaged in the
performance of official duty or gives a lawful order to
the offender (direct order)
2. Offender resists or seriously disobeys him
3. Act of offender is not included in articles 148, 149,
150
** A person cannot be guilty of disobedience to an order which
is not addressed to him.

** Directly vested with jurisdiction power and authority to

govern and execute laws.

** Offender a participant in the meeting.

** Serious disturbance must be planned or intended.

** The accused must have knowledge that the person arresting

him is a peace officer.
Simple disobedience
1. Person in authority or his agents engaged in the
performance of official duty or gives a lawful order to
the offender
2. Offender disobeys
3. Disobedience is not of serious nature.
** The order must be lawful otherwise, the resistance is
justified.
ART. 152. PERSONS IN AUTHORITY AND AGENTS OF
PERSONS IN AUTHORITY
In applying the provisions of the preceding and other articles of
this Code, any person directly vested with jurisdiction, whether
as an individual or as a member of some court or
governmental corporation, board, or commission, shall be
deemed a person in authority. A barrio captain and a barangay
chairman shall also be deemed a person 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, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to
the aid of persons in authority, shall be deemed an agent of a
person in authority.

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Outcry to shout subversive or provocative words tending to

stir up the people to obtain by means of force or violence any
of the objects of rebellion or sedition; more or less unconscious
outburst which is not intentionally calculated to induce others
to commit rebellion or sedition.
155. ALARMS AND SCANDALS
Punished:
1. Discharging any firearm, rocket, firecracker, or other
explosive calculated to cause alarm or danger;
2. Instigating or taking active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility;
3. Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
amusements;
4. Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided art. 153 is not
applicable.
** It is the result that counts, and not the intent.
** Anywhere, as long as discharge of firearm, rocket, etc.
produced alarm or danger.
Charivari sounds designed to annoy and insult.
156. DELIVERING PRISONERS FROM JAIL
Elements:
1. Person confined in a jail or penal establishment;
2. Offender removes or helps escape by means of
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a. violence intimidation, or bribery;

b. taking the guards by surprise, if the escape
of the prisoner shall take place outside the
said establishment.

** The offender must be a convict by final judgment, and must

leave the penal institution.

** Violence, intimidation and bribery qualifying circumstances

** Mere detention prisoners included. Hospital or asylum
considered extension of jail or prison.
** Offender is usually an outsider. An employee of the penal
establishment who helps the escape of a person confined
therein may also be punished, provided that he does not have
the custody or charge of such person. It may also be a
prisoner helping another prisoner. If the offender is a public
officer who had the prisoner in his custody or charge, he is
liable for infidelity in the custody of a prisoner (223).
** By other means substituting an prisoner by taking his
place in jail is an example.

** If the offender fails to surrender, he shall suffer an increase

of 1/5 of the time still remaining to be served under the original
sentence, NOT TO EXCEED 6 MONTHS.
** If the offender surrenders within 48 hours, he is entitled to
1/5 deduction of the period of his sentence.
160. QUASI-RECIDIVISM
Elements:
1. Offender already convicted by final judgment of one
offense
2. Committed a new felony (a) before the beginning to
serve such sentence; or (b) while serving the same
** First offense need not be a felony (crime under RPC)

** A person delivering a prisoner from jail may be held liable as

accessory (treason, murder, or parricide cases only)
** If the prisoner removed is a detention prisoner, such
prisoner is not criminally liable. He can only be liable for
evasion of service of sentence is he is a convict by final
judgment.
157. EVASION OF SERVICE OF SENTENCE
Elements:
1. Offender convict by a final judgment
2. Offender serving his sentence which consists of
deprivation of liberty
3. Offender evades service of sentence by ESCAPING
the term of his sentence
** If the convict escapes without commencing to serve the
sentence or without expressly waiving in writing his right to
appeal, or he is a detention prisoner or minor delinquent who
escapes from confinement offender is not liable for evasion
of service of sentence.
Qualifying circumstances:
1. Unlawful entry (climbing the wall)
2. Breaking doors, windows, gates, walls, roofs, or floors
3. Using picklocks, false keys, disguise, deceit, violence
or intimidation
4. Connivance with other convicts or employees of the
penal institution
158. EVASION OF SERVICE DURING DISORDERS
Elements:
1. Offender convict by final judgment, confined in a
penal institution
2. Disorder conflagration, earthquake, explosion,
similar catastrophe, mutiny (he has not participated)
3. Offender evades by leaving penal institution on the
occasion of such disorder
4. Offender fails to give himself up to authorities 48
hours following the issuance of the Chief Executive
announcing the passing away of such calamity

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** New offense need not be of different character from that of

the former offense.
Recidivism
Generic aggravating
circumstance
May be offset by a mitigating
circumstance
2 offenses embraced in the
same title/code
Committed after serving the
sentence

Quasi-Recidivism
Special aggravating
circumstance
Cannot be offset by a
mitigating circumstance
1st offense may be other
violation; 2nd offense should
be a felony
Committed before beginning
to serve or while serving the
sentence

TTILE FOUR: CRIMES AGAINST PUBLIC INTEREST

1. Counterfeiting seal of the government, forging
signature or stamp of the Chief Executive (161)
2. Using forged signature or counterfeit seal or stamp
(162)
3. Making and importing and uttering false coins (163)
4. Mutilation of coins, importation and uttering of
mutilated coins (164)
5. Selling of false or mutilated coins (165)
6. Forging treasury or bank notes or other documents
payable to the bearer, importing and uttering such
false or forged notes and documents (166)
7. Counterfeiting, importing and uttering instruments not
payable to the bearer (167)
8. Illegal possession and use of forged treasury or bank
notes and other instruments of credit (168)
9. Falsification of legislative documents (170)
10. Falsification by public officer, employee or notary
(171)
11. Falsification by private individuals and use of falsified
documents (172)
12. Falsification of wireless, cable, telegraph and
telephone messages and use of said falsified
messages (173)
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13. False medical certificates, certificates of merit or

service (174)
14. Using false certificates (175)
15. Manufacturing and possession of instruments or
implements for falsification (176)
16.
17.
18.
19.
20.
21.
22.
23.

Usurpation of authority and official functions (177)

Using fictitious name and concealing true name (178)
Illegal use of uniform or insignia (179)
False testimony against a defendant (180)
False testimony favorable to the defendant (181)
False testimony in civil cases (182)
Perjury (183)
Offering false testimony in evidence (184)

FORGING committed by giving to a treasury or bank note or

any instrument payable to bearer or to order the appearance of
a true and genuine document; to make false instrument
intended to be passed for a genuine one.
FALSIFICATION committed by erasing, substituting,
counterfeiting or altering by any means the figures, letters,
words, or signs contained therein.
171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR
NOTARY, OR ECCLESIASTICAL MINISTER
Elements:
1. Offender public officer, employee, notary, or
ecclesiastical minister;
2. Offender takes advantage of his official position;
3. Falsifies a document through any of the following:
a. Counterfeiting or imitating a handwriting,
signature, or rubric;
b. Causing it to appear that persons
participated in an act or proceeding when
they did not in fact so participate;
c. Attributing to person who participated in an
act or proceeding statements other that
those in fact made by them;
d. Making untruthful statements in a narration
of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a
genuine document which changes its
meaning;
g. Issuing in an authenticated form a document
purporting to be a copy of and original
document when no such original exists, or
including in such copy statements in contrary
to or different from that of the genuine
original; and
h. Intercalating any instrument or note relative
to the issuance thereof in a protocol, registry,
or official book.
Ecclesiastical minister- commit any of the offenses
enumerated, with respect to any record or document of such
character that its falsification may affect the civil status of a
person.
COUNTERFEITING
1. Intent to imitate, or attempt to imitate
2. The genuine and the forged bear some resemblance
to each other
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MAKING UNTRUTHFUL STATEMENTS

1. Offender makes in a document statements in a
narration of facts;
2. Offender- has the LEGAL OBLIGATION to disclose
the truth of the facts narrated by him;
3. Facts narrated are ABSOLUTELY FALSE;
4. Such act was made with the WRONGFUL INTENT
OF INJURING A THIRD PERSON (for private
documents only)
** There is a law requiring the disclosure of the truth.
** The person making false statements must be aware of the
falsity of the facts narrated.
ALTERING TRUE DATES
** Date must be ESSENTIAL the alteration of dates in a
document must affect either the VERACITY of the document or
the effects thereof.
MAKING ALTERATION OR INTERCALATION
Elements:
1. There is change or insertion on a document;
2. Made on a GENUINE document;
3. Such change or insertion changes the meaning of the
document;
4. Such change speak something FALSE.
ISSUING IN AUTHENTICATED FORM
1. Purporting to be a copy of an original when no such
original exists;
2. Including in copy a statement contrary to or different
from that of the genuine original.
** Liability of private individual is the same as the public officer
when there is conspiracy.
** Intent to gain or prejudice is nit necessary.
172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE
OF FALSIFIED DOCUMENTS
Falsification of public, official, or commercial document by a
private individual
Elements:
1. Offender private individual or public official or
employee who did not take advantage of his official
position;
2. He committed any of the acts of falsification
enumerated in art 171
3. Falsification was committed in a public, official, or
commercial document.
PUBLIC DOCUMENT any instrument authorized by a notary
public or a competent public official with the solemnities
required by law.
OFFICIAL DOCUMENT a document issued by a public
official in the exercise of the functions of his office.
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COMMERCIAL DOCUMENT any document defines and

regulated by the Code of Commerce.

** The possessor of a falsified document is presumed to be the

author of the falsification.
** Lack of malice or criminal intent is a defense in falsification
of public document.
** The principal thing punished is the VIOLATION OF PUBLIC
FAITH and the PERVERSION OF TRUTH which the
document solemnly proclaims prejudice to a third person is
immaterial.
Falsification of private document:
Elements:
1. Offender committed any acts of falsification
enumerated in art 172, except in paragraph 7;
2. Falsification is committed in any private document;
3. Falsification caused damage to a third party, or at
least with intent to cause such damage.
** Complex crime public, official, or commercial documents
** One crime private document, cannot be complexed with
any crime (against property)
Use of falsified document
INTRODUCING IN A JUDICIAL PROCEEDING
Elements:
1. Offender knowledge that the document was falsified
by another person;
2. False document is embraced in article 171 or 172
(par. 1-2);
3. He introduces such document as EVIDENCE in any
JUDICIAL PROCEEDING.
USE IN ANY OTHER TRANSACTION
Elements:
1. Offender knowledge that the document was falsified
by another person;
2. False document is embraces in article 172 and 172
(par. 1-2)
3. He used such document NOT IN JUDICIAL
PROCEEDING;
4. Such use of document caused damage to another or
at least was used with intent to cause such damage.

** The act performed must pertain to the government, or to any

person in authority or to any public officer.

178. USING FICTITIOUS NAME AND CONCEALING TRUE

NAME
Using fictitious name
Elements:
1. Offender uses a name OTHER that his REAL name
2. He uses this name PUBLICLY
3. Purpose
a. conceal a crime;
b. evade execution of a judgment;
c. cause damage to public interest
Concealing true name
Elements:
1. Offender conceals
a. his true name
b. all other personal circumstances
2. Purpose conceal his identity
USE OF UNREGISTERED ALIASES
** Pseudonym solely for literary, cinema, television, radio or
other entertainment purposes and in athletic events.
** Proceedings judicial authority for a change of name; name
duly recorded in the proper local civil registry.
180. FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
1. Criminal proceeding
2. Offender testifies falsely under oath against the
defendant
3. Offender knows the falsity of such testimony
4. Defendant must be convicted or acquitted in a final
judgment.
** Defendant must be sentenced to a correctional penalty, fine,
or must be acquitted.
181. FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT
** Reason tendency to favor or prejudice the defendant

177. USURPATION OF AUTHPRITY OR OFFICIAL

FUNCTION
Committed:
1. By representing himself to be an officer, agent or
representative of any department or agency of the
government;
2. By performing an act pertaining to a person in
authority or public officer.
** Mere act of knowingly and falsely representing oneself to be
an officer, etc. is sufficient. There must be positive, express
and explicit representation. (1)

** The false testimony in favor of defendant need not directly

influence the decision of acquittal.
** The false testimony favorable to the defendant need not
benefit the defendant.
** Conviction or acquittal of defendant is not necessary.
** The defendant who falsely testified in his own behalf is guilty
here.
** Rectification made spontaneously after realizing the mistake
is not false testimony.

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1. Offender performs an act: highly scandalous as

offending against decency or good customs;
2. Highly scandalous conduct is not expressly falling
within any other article of this code;
3. Such act is committed in a PUBLIC PLACE or within
the public knowledge or view.
182. FALSE TESTIMONY IN CIVIL CASES
Elements:
1. Testimony given in a civil case;
2. Testimony relates to the issues presented in said
case;
3. Testimony is false;
4. Defendant knows the falsity of such testimony;
5. Testimony us malicious and given with intent to affect
the issue presented in the case.
183. PERJURY
Elements:
1. Accused made a statement under oath or executed
an affidavit upon a material matter;
2. Such was made before a competent officer authorized
to receive and administer oath;
3. Such was made in a willful and deliberate assertion of
falsehood;
4. Such false statement or affidavit us REQUIRED BY
LAW.

** The acts must be those that can cause public scandal

among the persons witnessing them.
PROSTITUTE
Elements:
1. Offender woman
2. Habitual indulgence in sexual intercourse or
lascivious conduct
3. Such act for money or profit

** NOT IN JUDICIAL PROCEEDING!!!

Material Matter main fact which is the subject of inquiry,
materiality, great importance to the case.
** The assertion of falsehood must be willful and deliberate.
** Good faith or lack of malice is a DEFENCE in perjury.
** Even if there is no law requiring the statement to be made
under oath, as long as it is made for a legal purpose, it is
sufficient.
SUBORNATION of perjury
-

Committed by a person who knowingly and

willfully makes another to swear falsely and the
witness induced does testify under
circumstances rendering him guilty of perjury.
The one inducing another is the principal by
inducement and the one induced is the principal
by direct participation.

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

1. Grave scandal (200)
2. Immoral doctrines, obscene publications and
exhibitions (201)
3. Vagrancy and prostitution (202)
200. GRAVE SCANDAL
Elements:

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