MANALILI, Kiezlle Cayne D.

January 13,2019
1P Library Work/ CRIM 2

1. Prepare a table with four columns. On the first column, indicate the pertinent Article of the RPC or the SPL and the name of the offense
under said provision of law. On the second column, enumerate the elements of the offense. On the third column, enumerate the pieces of
evidence required to establish the elements indicated on the second column of your paper. On the fourth column, cite a landmark case for
the offense and provide a summary of the Supreme Court ruling in said case.

Art. Of the RPC/SPL Elements Pieces of Evidence Required Landmark Case/ Summary of
and Name of the Supreme Court Ruling
Offense

Art 114 Treason 1. That the offender is a Filipino 1. Testimony of at least two
People v. Flavier, 89 Phil .15
citizen or an alien residing in the witnesses to the same overt
Philippines; act HELD: The citizenship of the
2. That there is a war in which the 2. Confession of guilt by the accused may also be proved by
Philippines is involved; accused in open court the testimony of witnesses who
3. That the offender either: know him to have been born in the
a. levies war against the Philippines of Filipino parents.
Government
b. adheres to the enemies, giving
them aid or comfort.

Art 115 Conspiracy and 1. Two or more persons come to an
Proposal to Commit agreement to levy war against the
Treason government; or
2. To adhere to the enemies and
give them aid or comfort, and
decide to commit it.
1. Two witness rule does not
U.S. vs. Bautista, et al., 6 Phil.
apply to this crime
581
HELD: Francisco Bautista, with
another defendant, was convicted
of the crim of conspiracy to
overthrow, put down, and destroy
by force the government

Art 116 Misprision of 1. That the offender is a citizen of 1. The conspiracy must be to
U.S. vs. Caballeros, et al, 4 Phil.
Treason the Philippines and not a commit treason, not any
350
foreigner; other crime.
 2. That he has knowledge of any HELD: A person who keeps silent
conspiracy to commit treason as to what he knows about the
against the government; and perpetration of an offense is not
3. That he conceals or does not criminally liable, either as a
disclose and make known the principal, or as an accomplice, or
same as soon as possible to the as an accessory.
proper authority

Art 117 Espionage 1. By entering, without authority, a 1. Offender must have intention
Santos v. Misa, 76 Phil. 415
warship, fort, or military or naval to obtain information relative
establishment or reservation to to the defense of the HELD: Espionage is a crime not
obtain any information, plans, philippines and it is not conditioned by the citizenship of
photographs, or other data of necessary that information is the offender. Absolute and
confidential nature relative to the obtained permanent allegiance of
defense of the Philippines; 2. May be committed in time of the inhabitants of a territory
Requisites: peace or war occupied by the enemy of their
-That the offender enters any of the 3. Offender takes advantage of legitimate government or
places mentioned therein; his public position sovereign is not abrogated or
-That he has no authority therefore severed by the enemy occupation
-That his purpose is to obtain information,
plans, photographs or other data of a
confidential nature relative to the defense
of the Philippines.
2. By disclosing to the representative
of a foreign nation the contents of the
articles, data, or information referred to in
the preceding paragraph, which he had in
his possession by reason of the public
office he holds.
Requisites:
-That the offender is a public officer;
-That he has in his possession the
articles, data or information referred to in
paragraph No. 1 of Art. 117, by reason of
the public office he holds;
-That he discloses their contents to a
 representative of a foreign nation.

Art 118 Inciting To War
Or Giving Motives For
Reprisals
1. That the offender performs 1. Intention of the offender is
No Landmark Case Found
unlawful or unauthorized acts. immaterial
2. That such acts provoke or give 2. Committed in time of peace
occasion for a war involving or
liable to involve the Philippines or
expose Filipino citizens to
reprisals on their persons or
property.

Art 119 Violation of 1. That there is a war in which the 1. There must be a regulation
No Landmark Case Found
Neutrality Philippines is not involved; issued by a competent
2. That there is a regulation issued authority for enforcement of
by a competent authority for the neutrality
purpose of enforcing neutrality;
and
3. That the offender violates such
regulation

Art 120 1. That it is in time of war in which 1. Correspondence, even if it

No Landmark Case Found
Correspondence with the Philippines is involved; contains innocent matters, if
Hostile Country 2. That the offender makes it is prohibited by the
correspondence with an enemy government it is punishable
country or territory occupied by
enemy troops;
3. That the correspondence is either
—
a. prohibited by the
Government, or
b. carried on in
ciphers or conventional
signs, or
c. containing notice
or information which
might be useful to the

Art 121 Flight to
Enemy’s Country
Art 122 Piracy in
General and Mutiny on
the high seas or in
Philippine waters
a.
b.
of said vessel, its equipment or personal
belongings of its complement or
passengers
Art 123 Qualified Piracy
enemy.
1. That there is a war in which the
Philippines is involved;
2. That the offender must be owing
allegiance to the Government;
3. That the offender attempts to flee
or go to enemy country;
4. That going to enemy country is
prohibited by competent authority.
1. That a vessel is on the high seas
or in Philippine waters;
2. That the offenders are not
members of its complement or
passengers of the vessel; and
3. That the offenders:
Attack or seize the vessel; or
Seize the whole part of the cargo
1. Whenever the offenders 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,
1. Mere attempt consummates
the crime
2. When prohibited by
competent authority
1. The vessel may either be in
the high seas or philippine
waters
2. Mutiny is usually committed
by the other members of the
complement and may be
committed by the passengers
1. A special complex crime
punishable by reclusion
perpetua to death regardless
of number of victims
No Landmark Case Found
People vs. Lol-lo, et al., 43 Phil.
19
Held: The court does not agree
that the accused simply committed
grave coercion but convicted him
and the others of piracy. The case
falls squarely within the purview of
piracy. While it may be true that
complainants were compelled to
go elsewhere other than their
place of destination, such
compulsion was obviously part of
the act of seizing their boat
People v. Siyoh, 141 SCRA 356
HELD: The number of persons
killed on the occasion of piracy is
not material. PD No. 532
considers qualified piracy, i.e.,
rape, murder, or homicide is
committed as a result or on
occasion of piracy, as a special
 homicide, physical injuries,
rape.
Art 124 Arbitrary 1. That the offender if a public officer
Detention or employee;
2. That he detains a person.
3. That the detention is without legal
grounds.
Art 125 Delay in the 1. That the offender is a public
delivery of detained officer or employee.
persons to the proper 2. That he has detained a person for
judicial authorities some legal ground.
3. That he fails to deliver such
person to the proper judicial
authorities within:
a. twelve (12) hours, for crimes or
offenses punishable by light penalties, or
their equivalent; or
b. eighteen (18) hours, for crimes or
offenses punishable by correctional
penalties, or their equivalent; or
c. thirty-six (36) hours, for crimes or
offenses punishable by afflictive or capital
or
1. There is detention if the
actual confinement of a
person is an enclosure or in
any manner detaining and
depriving him of his liberty
1. If offender is private person,
crime is illegal detention
2. This does not apply when the
arrest is by virtue of a
warrant of arrest
complex crime punishable by
death, regardless of the number of
victims.
People vs. Camerino, CA-G.R.
No. 14207-R, Dec. 14, 1956
HELD: The court rules that even if
the persons detained could move
freely in and out of their prison cell
and coul take their meals outside
the prison, nevertheless, if they
were under the surveillance of the
guards and they could not escape
for fear of being apprehended
again, there would still be arbitrary
detention.
Lino Vs. Fugoso et. al., 77 Phil
933
HELD: The failure of the arresting
officer to deliver the person
arrested to the judicial authority
within the time specified in Art.
125, does not affect the legality of
the confinement of the petitioner
who is detained because of the
warrant subsequently issued by a
competent court when an
information was filed therein.
 penalties, or their equivalent.
Art 126 Delaying 1. That the offender is a public
Release officer or employee;
2. That there is a judicial or
executive order for the release of
a prisoner or detention prisoner,
or that there is a proceeding upon
a petition for the liberation of such
person.
3. That the offender without good
reason delays: (1) the service of
the notice of such order to the
prisoner, or (2) the performance of
such judicial or executive order for
the release of the prisoner, or (3)
the proceedings upon a petition
for the release of such person.
Art 127 Expulsion 1. That the offender is a public
officer or employee.
2. That he expels any person from
the Philippines, or compels a
person to change his residence.
3. That the offender is not authorized
to do so by law.
1. Wardens and jailers are
public officers most likely to
violate this provision
1. There is no final judgement
ordering a person to change
his residence.
a. Only the court by final
judgement may do so.
No Landmark Case Found
Villavicencio, et al. vs. Lukban, et
al., 39 Phil. 778
HELD: The Mayor and the Chief
of Police of Manila cannot force
the prostitutes residing in that City
to go to and live in Davao against
their will, there being no law that
authorizes them to do so. These
women, despite their being in a
sense, lepers of society, are
nevertheless not chattels, but
Philippine citizens, protected by
the same constitutional
guarantees as are other citizens.
Art 128 Violation of 1. That the offender is a public 1. Not authorized by judicial U.S. vs. De los Reyes, 20 Phil.
Domicile officer or employee. order - no search warrant 467
2. That he is not authorized by
HELD: There mere fact that a
judicial order to enter the dwelling
visitor of the house of another is
and/or to make a search therein suspected of having unlawful
for papers or other effects. possession of opium, is no excuse
a. By entering any dwelling against
for entry into the house by a
the will of the owner thereof; or
peace officer for the purpose of
b. By searching papers or other
search against the will of its owner
effects found therein without the previous
and without search warrant.
consent of such owner; or
c. By refusing to leave the premises,
after having surreptitiously entered said
dwelling and after having been required to
leave the same.

Art 129 Search warrants Acts Punished: 1. There is a probable cause for People vs. De la Pena, et al., 97
maliciously obtained, 1. Procuring a search warrant a search Phil. 669
and abuse in the without just cause 2. The search must be made in HELD: The fact that the search
service of those legally Elements: the presence of two warrant was obtained for the
obtained a. That the offender is a public witnesses purpose of extorting money from
officer or employee; the owner of the premises to be
b. That he procures a search searched, is circumstantion
warrant; evidence of illegal procurement of
c. That there is no just cause. search warrant
2. Exceeding his authority or by
using unnecessary severity in
executing a search warrant legally
procured
Elements:
a. That the offender is a public
officer or employee;
b. That he has legally procured a
search warrant;
c. That he exceeds his authority or
uses unnecessary severity in executing
 the same.

Art 130 Searching 1. That the offender is a public
Domicile Without officer or employee.
Witnesses 2. That he is armed with search
warrant legally procured.
3. That he searches the domicile,
papers or other belongings of any
in the same locality are not
present.
4. That the owner, or any member of
his family, or two witnesses
residing in the same locality are
not present.
1. There is a legal search
warrant
2. The persons required to be
witnesses are not present
Papa vs. Mago, 22 SCRA 857
HELD:
Although the Code authorizes
persons having police authority
under Section 2203 of the Tariff
and Customs Code to enter, pass
through or search any land,
inclosure, warehouse, store or
building, not being a dwelling
house; and also to inspect, search
and examine any vessel or aircraft
and any trunk, package, box or
envelope or any person on board,
or stop and search and examine
any vehicle, beast or person
suspected of holding or conveying
any dutiable or prohibited article
introduced into the Philippines
contrary to law, without
mentioning the need of a search
warrant in said cases. But in the
search of a dwelling house, the
Code provides that said "dwelling
house may be entered and
searched only upon warrant
issued by a judge or justice of the
peace.

Art 131 Prohibition, Acts Punished: 1. A private individual cannot

Papa vs. Mago, 22 SCRA 857
interruption, and 1. Prohibiting, interrupting or commit this crime.
dissolution of peaceful dissolving without legal ground 2. Offender must be a stranger,
meetings
Common elements:
1. That the offender is a public officer;
2. That he performs any of the acts
mentioned above
Art 132 Interruption of
Religious Worship
the holding of a peaceful meeting;
2. Hindering any person from joining
any lawful association or from
attending any of its meetings;
3. 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.
1. That the offender is a public
officer or employee;
2. That religious ceremonies or
manifestations of any religion are
about to take place or are going
on
3. That the offender prevents or
not a participant, in the
peaceful meeting.
3. Right to peaceful meeting is
not absolute and may be
regulated
1. If the crime is committed with
violence or threats, the crime
is qualified
2. Preventing a priest to give a
mass is a crime
HELD:
Although the Code authorizes
persons having police authority
under Section 2203 of the Tariff
and Customs Code to enter, pass
through or search any land,
inclosure, warehouse, store or
building, not being a dwelling
house; and also to inspect, search
and examine any vessel or aircraft
and any trunk, package, box or
envelope or any person on board,
or stop and search and examine
any vehicle, beast or person
suspected of holding or conveying
any dutiable or prohibited article
introduced into the Philippines
contrary to law, without
mentioning the need of a search
warrant in said cases. But in the
search of a dwelling house, the
Code provides that said "dwelling
house may be entered and
searched only upon warrant
issued by a judge or justice of the
peace.
People vs. Mejica, CAG.R. No.
12980-R, Dec. 29, 1955
HELD: The barrio lieutenant was
guilty of a violation of Art. 132.
The barrio lieutenant made an
actual threat on the life of the
 disturbs the same priest should the latter persist in
his intention to say the mass. As a
result, the mass was not
celebrated. Held: The barrio
lieutenant was guilty of a violation
of Art. 132.

Art 133 Offending the 1. That the acts complained of were 1. Religious ceremonies are
People vs. Mejica, CAG.R. No.
Religious feelings performed: performed outside the church
12980-R, Dec. 29, 1955
a. In a place devoted to religious such as processions and
HELD: The barrio lieutenant was
worship; or special prayers.
guilty of a violation of Art. 132.
b. During the celebration of any 2. The acts must be for the
The barrio lieutenant made an
religious ceremony; purpose of ridicule, as
actual threat on the life of the
2. That the acts must be notoriously mocking or scoffing, or
priest should the latter persist in
offensive to the feelings of the attempting to damage an his intention to say the mass. As a
faithful. object of religious veneration. result, the mass was not
celebrated. Held: The barrio
lieutenant was guilty of a violation
of Art. 132.

Art 134 Rebellion/ 1. That there be: 1. Purpose of uprising must be

People vs. Mejica, CAG.R. No.
Insurrection a. Public uprising; and shown 12980-R, Dec. 29, 1955
b. Taking up of arms against the 2. Not necessary the purpose of HELD: The barrio lieutenant was
government. rebellion be accomplished
guilty of a violation of Art. 132.
2. For the purpose of:
The barrio lieutenant made an
. Removing from the allegiance to
actual threat on the life of the
said Government or its laws:
priest should the latter persist in
i. The territory of the Philippines, or
his intention to say the mass. As a
any part thereof; or
result, the mass was not
ii. Any body of land, naval or other
celebrated. The barrio lieutenant
armed forces; or
was guilty of a violation of Art.
a. Depriving the Chief Executive or
 Congress, wholly or partially, of any of 132.
their powers or prerogatives.

Art 134-A Coup D’etat 1. That the offender is a person or 1. This may be committed with
People vs. Mejica, CAG.R. No.
persons belonging to military or or without civilian 12980-R, Dec. 29, 1955
police or holding any public office participation
HELD: The barrio lieutenant was
or employment;
guilty of a violation of Art. 132.
2. That it is committed by means of a
The barrio lieutenant made an
swift attack, accompanied by
actual threat on the life of the
violence, intimidation, threat,
priest should the latter persist in
strategy, or stealth;
his intention to say the mass. As a
3. That the attack is directed against
result, the mass was not
duly constituted authorities of the
celebrated. The barrio lieutenant
Republic of the Philippines or any
was guilty of a violation of Art.
military camp, or installation, or
132.
communication networks, public
utilities or other facilities needed
for the exercise and continued
possession of power;
4. That the purpose of the attack is
to seize or diminish state power

Art 135 Penalty For The following are liable for rebellion,
Rebellion Or insurrection and/or coup d'etat:
Insurrection Or Coup The leaders —
D’etat i) Any person who (a) promotes, (b)
maintains, or (c) heads a rebellion or
insurrection; or
ii) Any person who (a) leads, (b) directs, or
(c) commands others to undertake a
coup d'etat.
The participants —
1. Any person who (a) participates,
or (b) executes the commands of
others in rebellion, or insurrection;
1. Membership in a rebel
organization does not
automatically qualify criminal
acts as absorbed in rebellion
2. Rebellion - killings are
politically motivated
U.S. vs. del Rosario, 2 Phil. 127
HELD: It is not a defense in
rebellion that the accused never
took the oath of allegiance to, or
that they never recognized the
Government. Such a defense
would be nothing less than a
negation of the right of the
Government to maintain its
existence and authority against a
certain class of the population.
 2. Any person in the government
service who (a) participates, or (b)
executes directions or commands
of others in undertaking a coup
d'etat;
3. Any person not in the government
service who (a) participates, (b)
supports, (c) finances, (d) abets,
or (e) aids in undertaking a coup
d'etat
Art 136 Conspiracy and 1. Conspiracy to commit rebellion;
Proposal to commit and
Rebellion, Insurrection, 2. Proposal to commit rebellion
or Coup d’etat
Art 137 Disloyalty of 1. Failing to resist a rebellion by all
public officers or means in their power;
employees 2. Continuing to discharge the duties
of their office under the control of
the rebels;
3. Accepting appointment to office
under the rebels
1. Merely agreeing and People vs. Geronimo, 100 Phil. 90
deciding to rise publicly and
take arms against the HELD: Persons merely agreeing
government for the purpose and deciding among themselves
of rebellion or to rise publicly and take arms
merely proposing the against the Government for the
commission is already purposes mentioned in Art. 134,
punishable without actually rising publicly and
2. There must be an agreement taking arms against the
and decision to commit the Government, or those merely
crime proposing the commission of said
acts to other persons without
actually performing those overt
acts under Art. 134, are already
subject to punishment
1. Presupposes existence of U.S. vs. Vergara, et al, 3 Phil. 432
rebellion by other persons HELD: Organizing a group of
2. Must not be in conspiracy soldiers, soliciting membership in,
with the rebels and soliciting funds from the
people for, the organization, show
conspiracy to overthrow the
Government. When the object of

Art 138 Inciting to 1. That the offender does not take
rebellion or insurrection arms or is not in open hostility
against the Government;
2. That he incites others to the
execution of any of the acts of
rebellion;
3. That the inciting is done by means
of speeches, proclamations,
writings, emblems, banners or
other representations tending to
the same end.
Art. 139 Sedition 1. That the offenders rise:
a. Publicly; and
b. Tumultuously
2. That they employ force, intimidation,
or other means outside of legal
methods;
3. That the offenders employ any of
those means to attain any of the
following objects:
. To prevent the promulgation or
execution of any law or the holding of any
popular election;
a. To prevent the government or
the offenders in organizing Filipino
soldiers, soliciting various persons
to become members of the said
organization which held several
meetings, and soliciting funds
from the people, is to overthrow
the Government, there is
conspiracy to commit rebellion.
1. Offender shall incide others
NO Landmark case found
to rise publicly and take arms
against the government for
any of the purposes of
rebellion
2. Rebellion should not be
actually be committed
The word "tumultuous" means the People vs. Mendoza, et al., G.R.
disturbance shall be deemed to be No. L2371, May 5, 1950
tumultuous if caused by more than
HELD: It was held that there was
three persons who are armed or no sedition because the purpose
provided with means of violence. ofthe attack was not known. The
accused were held liable for five
Evidences that can be used:
murders and two frustrated
• Prevention in the murders.
promulgation or execution of
any law or holding of popular
election
• Prevention of a public officer
in exercising his function
 any public officer from freely exercising its
or his functions, or prevent the execution
of any Administrative Order;
b. To inflict any act of hate or
revenge upon the person or property of
any public officer or employee;
c. To commit, for any political or
social end, any act of hate or revenge
against private persons or any social
class;
d. To despoil, for any political or
social end, any person or the government
of all its property or any part thereof
Art. 140 Penalty for
Persons Liable:
Sedition 1. The leader of the sedition
2. Other persons participating in
sedition
Art. 141 Conspiracy to 1. There must be an agreement;
commit sedition 2. Decision to rise publicly and
tumultuously: and
3. To attain any of the objects of
sedition
Art. 142 Inciting Acts Punished:
Sedition 1. Inciting others to commit sedition by
means of speeches, proclamations,
writings, emblems cartoons, banners,
or other representations tending to the
same end;
Elements of Act No. 1:
a. That the offender does not take
direct part in the crime of sedition;
b. That he incites others to the
accomplishment of any of the acts which
• Infliction of any act of hate or
revenge
• Commission of acts of hate
or revenge
• Despoiling any person or the
government of all its property
or portion of it
If the aforementioned people in the
NO Landmark case found
elements are liable,
their involvement can be used
against them.
There must be an agreement and
NO Landmark case found
decision to rise publicly and
tumultuously to attain any of the
objects of evidence.
1. By means of speeches, People vs. Nabong, 57 Phil. 455
proclamations, writings, emblems HELD: It is not necessary, in order
cartoons, banners, or other to be seditious, that the words
representations tending to the used should in fact result in a
same end; rising of the people against the
2. Uttering seditious words or constituted authorities. The law is
speeches which tend to disturb not aimed merely at actual
the public peace; disturbance, as its purpose is also
3. Writing, publishing, or circulating to punish utterances which may
scurrilous libels against the endanger public order.
Government or any of its duly
 constitute sedition;
c. That the inciting is done by means
of speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end
2. Uttering seditious words or speeches
which tend to disturb the public peace;
3. Writing, publishing, or circulating
scurrilous libels against the Government
or any of its duly constituted authorities.
4. Knowingly concealing such evil
practices.
Art. 143 Acts Tending to 1. That there be a projected or
Prevent the Meeting of actual meeting of the National
the Assembly and Assembly or any of its committees
Similar Bodies or subcommittees, constitutional
commissions or committees or
divisions thereof, or of any
provincial board or city or
municipal council or board;
2. That the offender, who may be
any person, prevents such
meeting by force or fraud.
Art. 144 Disturbances of 1. That there be a meeting of
Proceedings Congress or any of its committees
or subcommittees, constitutional
commissions or committees or
constituted authorities.
4. Knowingly concealing such evil
practices.
Prevention of meeting by force or
fraud while an ongoing actual
meeting of the National Assembly
Disturbance and unruly behavior
while the proceedings of Congress
are ongoing
People vs. Alipit, et al. (44 Phil.
910)
HELD: Any stranger, even if he be
the municipal president himself or
the chief of the municipal police,
must respect the meeting of the
municipal council presided over by
the vice-president and he has no
right to dissolve it through violence
under the pretext of lack of notice
to some members of the council,
which^was not apparent, but
required an investigation before it
could be determined.
People vs. Lapid, C.A., 59 O.G.
4059
HELD: The complaint for
 divisions thereof, or any provincial disturbance of proceedings may
board or city or municipal council be filed by a member of a
or board; legislative body.The crime denned
2. That the offender does any of the and penalized under Art. 144 of
following acts: the Revised Penal Code is not
a. He disturbs any of such meetings; among those which may not be
b. He behaves while in the presence prosecuted de oficio. Hence, it
of any such bodies in such a manner as to may be commenced upon the
interrupt its proceedings or to impair the written complaint of a member of
respect due it. the Municipal Board the
proceedings of which were
disturbed or interrupted although
such member was not authorized
by the rules or a resolution of the
Board.

Art. 145 Violation of Acts Punished: The evident use of force, intimidation, Osmena, Jr. vs. Pendatun, et al.,
Parliamentary Immunity 1. Using force, intimidation, threats, threats or frauds from compelling 109 Phil. 863
or frauds to prevent any member members from attending meetings,
from: expressing their opinions, or casting HELD: Parliamentary immunity
a. Attending the meetings of their votes. The arrest or searching does not protect members of the
Congress or any of its subcommittees, on any member while Congress is in National Assembly from
commissions or divisions thereof, or from session, unless the act falls under responsibility before the legislative
committees or constitutional committees the exception body itself. For unparliamentary
or conduct, members of Parliament
b. Expressing his opinions or or of Congress have been, or
c. Casting his vote could be censured, committed to
2. Arresting or searching any prison, suspended, even expelled
member while Congress is in by the votes of their colleagues.
session, except in cases where
such member has committed a
crime punishable under the Code
by a penalty higher than prision
mayor.
 Requisites:
a. That the offender is a public
officer or employee:
b. That he arrests or searches
any member of congress

Art. 146 Illegal Forms of Illegal Assemblies:
Assemblies 1. Any meeting attended by armed
persons for the purpose of
committing any of the crimes
punishable under the Code
Requisites:
a. That there is a meeting, gathering
or group of persons, whether in a fixed
place or moving;
b. That the meeting is attended by
armed persons;
c. c. That the purpose of the
meeting is to commit any of the crimes
punishable under the Code
Presumptions: If any person carries
No Landmark case found
an unlicensed firearm, it is presumed
that:
1. The purpose of the meeting
insofar as he is concerned is
to commit acts punishable
under the RPC, and
2. He is considered a leader or
organizer of the meeting

Art. 147 Illegal Prohibited associations: Organization and actual involvement

Associations Association totally or partially organized
for:
1. The purpose of committing any of
the crimes punishable under the
Code, or
2. Some purpose contrary to public
morals.
People v. Liwanag, 74 SCRA 473
on illegal association.
HELD: In rebellion, there must be
a public uprising and taking of
arms against the Government;
whereas, in subversion, mere
membership in a subversive
association is sufficient, and the
taking up of arms by a member of
a subversive organization against
the Government is but a
circumstance which raises the
penalty to be imposed upon the
offender.
Art. 148 Direct Assaults Two ways to commit: Direct assaults are different from
US v. Gumban, 39 Phil. 76
1. Without public uprising, by ordinary assault without intent to kill
employing force or intimidation for or physical injuries under Arts. 263 to HELD: Laying hands upon a
the attainment of any of the 266. person in authority while in the
purposes enumerated in defining performance of his official duties
the crimes of sedition & rebellion constitutes direct assault. The
Elements: reason for the difference in the
a. That the offender employs force rule as regards the degree of force
or intimidation; employed when the offended party
b. That the aim of the offender is to in direct assault is a person in
attain any of the purposes of the crime of authority, is that the penalty is
rebellion or any of the objects of the crime even higher "when the offender
of sedition; lays hands upon a person in
c. That there is no public uprising. authority."
2. Without public uprising, by
attacking, by employing force or
seriously intimidating or by
seriously resisting any PA or APA,
while engaged in the performance
of official duties, or on the
occasion of such performance
Elements:
. That the offender:
i. Makes an attack (equivalent to
aggression)
ii. Employs force
iii. Makes a serious intimidation
(unlawful coercion, duress, putting
someone in fear, exertion of an influence
in the mind which must be both immediate
and serious), or
iv. Makes a serious resistance (if not
serious, crime committed may be that
under resistance and disobedience)
 a. That the person assaulted is a
person in authority or his agent
b. That at the time of the assault the
person in authority or his agent
. is engaged in the actual
performance of official duties, or
i. That he is assaulted by reason of
the past performance of his official duties;
c. That the offender knows that the
one he is assaulting is a person in
authority or his agent in the exercise of his
duties;
d. That there is no public uprising

Art. 149 Indirect Assault
1. That a PA or an APA is the victim Indirect assault can be committed
No Landmark Case Found
of any of the forms of direct only when a direct assault is also
assault defined in Art. 148; committed.
2. 2. That a person comes to the aid
of the APA;
3. 3. That the offender makes use of
force or intimidation upon such
person coming to the aid of the
APA.

Article 150. Acts punished: Overt acts of refusing "to answer any Arnault vs. Pecson et al 87 Phil
Disobedience To 1. Refusing, without legal excuse, to legal inquiry." 418
Summons Issued By obey summons of Congress, or HELD: The fact that a person is a
The National Assembly, any commission or committee
prisoner of the Senate or of the
Its Committees Or chairman or member authorized
House does not exclude other
Subcommittees, By The to summon witnesses;
departments during his
Constitutional 2. Refusing to be sworn or placed
incarceration from trying or
Commission, Its under affirmation while before
investigating him in matters
Committees, such legislative or constitutional
pertaining to their spheres, in
Subcommittee Or body or official;
much the same way that a
Divisions 3. Refusing to answer any legal
prisoner by judgment of a court of
inquiry or to produce any books,
justice is not placed beyond the
 papers, documents, or records in
his possession, when required by
them to do so in the exercise of
their functions;
4. Restraining another from
attending as a witness in such
legislative or constitutional body;
5. Inducing disobedience
summons or refusal to be sworn
by any such body or official
Art. 151 Resistance Elements of resistance & serious
and disobedience to a disobedience:
person in authority or 1. That a PA or his APA is engaged
the agents of such in the performance of official duty
person or gives a lawful order to the
offender.
2. That the offender resists or
seriously disobeys such person in
authority or his agent;
3. 3. That the act of the offender is
not included in the provisions of
Arts. 148-150.
Elements of simple disobedience:
1. That an APA is engaged in the
performance of official duty or
gives a lawful order to the
offender;
2. That the offender disobeys such
APA;
3. That such disobedience is not of a
serious nature.
Art. 152 Persons in The following persons in authority:
Authority and Agents of 1. The municipal mayor
Persons in Authority 2. Division superintendent of schools
to
The
accused must have knowledge that
the person arresting him is a peace
officer.
The offender need not be a pupil or
the parent of a pupil.
reach of the legislature and the
executive to summon for
examination and to allow in
relation to the investigation to go
anywhere under guard to get such
evidence as the investigator or the
prisoner might deem important.
Arnault vs. Pecson et al 87 Phil
418
HELD: The fact that a person is a
prisoner of the Senate or of the
House does not exclude other
departments during his
incarceration from trying or
investigating him in matters
pertaining to their spheres, in
much the same way that a
prisoner by judgment of a court of
justice is not placed beyond the
reach of the legislature and the
executive to summon for
examination and to allow in
relation to the investigation to go
anywhere under guard to get such
evidence as the investigator or the
prisoner might deem important.
People vs. Ceprioso, C.A., 52
O.G. 2609

Art. 153 Article Tumults Acts punished:
& Other Disturbances
Of Public Order
3. Public and Private school
teachers
4. Teacher-nurse
5. President of sanitary division
6. Provincial Fiscal
7. Justice of the Peace
8. Municipal councilor
9. Barrio captain and barangay
chairman
1. Causing any serious disturbance
in a public place, office or
establishment;
2. interrupting or disturbing public
performances, functions or
gatherings, or peaceful meetings,
if the act is not included in Arts.
131- 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;
Disturbance or Interruption shall be
deemed to be tumultuous if caused
by more than three persons who are
armed or provided with means of
violence
HELD: The spirit and purpose
behind Commonwealth Act No.
578 is to give teachers protection,
dignity and respect while in the
performance of their official duties.
This protection extends not only
against pupils or relatives of
pupils, but against all persons who
knowingly attack a teacher while
engaged in the performance of his
official duties. Respect for a
teacher is required of all persons,
whether pupils, parents of pupils,
or otherwise, if we are to uphold
and enhance the dignity of the
teaching profession which the law
similarly enjoins upon all persons
for the sake of the pupils and the
profession itself.
People vs. Bacolod, 89 Phil. 621
HELD: The one who fired the
submachine gun committed two
offenses (causing serious
disturbance in a public place, the
people present becoming panicky
and terrified, and serious physical
injuries through reckless
imprudence), although they arose
from the same act of the offender.

Art. 154 Unlawful Use Acts punished:
Of Means Of Publication
And Unlawful Utter
Art. 155 Alarms and Acts Punished:
Scandals
5. Burying with pomp the body of a
person who has been legally
executed.
Ex: Distribution of leaflets urging the
People vs. Arrogante, C.A., 38
1. Publishing or causing to be people to disobey and resist.
O.G. 2974
published as news any false news
which may endanger the public HELD: The crime is not inciting to
order, or cause damage to the sedition. The acts charged which
interest or credit of the State; are subversive in nature fall under
2. Encouraging disobedience to the paragraph 2 of Art. 154.
law or to the constituted
authorities or by praising,
justifying or extolling any act
punished by law, by the same
means or by words, utterances or
speeches;
3. Maliciously publishing or causing
to be published any official
resolution or document without
authority, or before they have
been published officially;
4. Printing, publishing or distributing
(or causing the same) books,
pamphlets, periodicals, or leaflets
which do not bear the real
printer’s name, or which are
classified as anonymous.
People vs. Arrogante, C.A., 38
1. Discharging any firearm, rocket,
O.G. 2974
firecracker, or other explosive
within any town or public place, HELD: The crime is not inciting to
which produces alarm or danger sedition. The acts charged which
2. Instigating or taking an active part are subversive in nature fall under
in any charivari or other disorderly Art. 155 does not make any paragraph 2 of Art. 154.
 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
Art. 156 Delivery of 1. That there is a person confined in
Prisoners from Jail a jail or penal establishment;
2. That the offender removes such
person, or helps the escape of
such person.
Art. 157 Evasion of 1. That the offender is a convict by
Service of Sentence final judgment;
2. That he is serving his sentence,
which consists in deprivation of
liberty;
3. That he evades the service of his
sentence by escaping during
distinction as to the particular place in
the town or public place where the
discharge of firearm, rocket, etc. is
effected.
Committed in two ways:
1. By removing a prisoner
confined in jail or penal
institution – to take away a
person from confinement with
or without the active
participation of the person
released
2. By helping said person to
escape – furnish material
means to facilitate escape
Escape during service of sentence
consummates the crime.
People vs. Del Barrio, et al., C.A.,
60 O.G. 3908
HELD: The employment of deceit
is not an essential or integral
element of the crime of delivery of
prisoners from jail as defined in
Article 156, such that when the
same is not alleged in the
information and duly proved in
evidence, the accused cannot be
convicted of said crime. Nowhere
is the employment of deceit made
an essential element of the crime
defined in said article.
People v. Janson, C.A., 59 O.G.
4689
HELD:The mere fact that, on two
occasions, the accused went to
the City to get her pension check,
while serving the sentence of
destierro from said City, would not
 insulate her from criminal liability
for deliberately and willfully
evading service of the destierro
sentence. The compelling
necessity for funds cannot
outweigh considerations of
respect for a final judgment, and is
not one of the cases enumerated
in the statute books as basis for
exemption from criminal liability

Art. 158 Evasion Of 1. That the offender is a convict by Compliance with the penalty of People vs. Padilla, C.A., 46 O.G.
Sentence On The final judgment, and is confined in destierro should not be excused upon 2151
Occasion Of Disorders, a penal institution; so flimsy a cause.
HELD: The accused was not held
Conflagrations, 2. That there is disorder, resulting liable for evasion of service of
Earthquakes, Or Other from: sentence under Art. 157, because
Calamities a. Conflagration,
he acted under the influence of
b. Earthquake,
uncontrollable fear of an equal or
c. Explosion,
greater injury, the escapists
d. Similar catastrophe,
having threatened to shoot at
e. Mutiny in which he has not
whoever remained in the jail.
participated;
3. That the offender leaves the
penal institution where he is
confined, on the occasion of such
disorder or during the mutiny;
4. 4. That the offender fails to give
himself up to the authorities within
48 hrs. following the issuance of a
proclamation by the Chief
Executive announcing the passing
away of such calamity

Art. 159 Other cases of 1. That the offender was a convict; Forms of Evasion: Alvarez vs. Director of Prisons, 80
evasion of service of 2. That he was granted a conditional
sentence. pardon by the Chief Executive;
3. That he violated any of the
conditions of such pardon.
Art. 160 Quasi- 1. That the offender was already
Recidivism convicted by final judgment
2. That he committed a new felony
before beginning to serve such
sentence or while serving the
same
Art. 161 Counterfeiting 1. That the seal of the Republic was
Seal Of Government, counterfeited, or the signature or
Signature And Stamp Of stamp of the Chief Executive was
President forged by another person;
2. That the offender knew of the
counterfeiting or forgery;
3. That he used the counterfeit seal
or forged signature or stamp
Art. 162 Use Of Forged 1. That the seal of the Republic was
Signature, Counterfeit counterfeited, or the signature or
Seal Or Stamp stamp of the Chief Executive was
forged by another person;
2. That the offender knew of the
1. By simply leaving or escaping Phil. 43
from the penal establishment
HELD: Evasion of the service of
under Art. 157
the sentence is an attempt at least
2. Failure to return within 48 hours
to evade the penalty inflicted by
after having left the penal the courts upon criminals and thus
establishment because of a defeat the purpose of the law of
calamity, conflagration or mutiny
either reforming or punishing them
and such calamity, conflagration
for having disturbed the public
or mutiny has been announced
order.
as already passed under Art.
158.
3. Violating the condition of
conditional pardon under Article
159.
Alvarez vs. Director of Prisons, 80
Phil. 43
The act of counterfeiting or making No Landmark case found
an imitation of the signature of the
Chief Executive
The offender under this article should No Landmark case found
not be the forger.
 counterfeiting or forgery;
3. That he used the counterfeit seal
or forged signature or stamp.
Art. 163 Making And 1. That there be false or
Importing And Uttering counterfeited coins;
False Coins 2. That the offender either made,
imported or uttered such coins;
3. That in case of uttering such false
or counterfeited coins, he
connived with the counterfeiters or
importers.
Art. 164 Mutilation Of Acts punished
Coins importation And 1. Mutilating coins of the legal
Utterance Of Mutilated currency, with the intent to
Coins damage or to defraud another;
2. Importing or uttering such
mutilated coins, with the further
requirement that there must be
connivance with the mutilator or
importer in case of uttering
There is counterfeiting when one
imitates a legal or genuine coin,
which is not authorized by the
Government as legal tender. Delivery
or act of giving the coins away by
paying.
The coin must be of "legal tender" in
mutilation.
People vs. Tin Ching Ting
[Unrep.], 90 Phil. 870
Held: Article 163 of the Revised
Penal Code penalizes the making,
importing and uttering of false
coins whether of the United
States, of the Philippines or of a
foreign country, because it is
intended to protect not only the
coins legally minted in said
countries, but also the public in
general. The legislator has taken
into consideration the bad effect of
the crime of counterfeiting of
coins, its importing and uttering.
People vs. Tin Ching Ting, G.R.
No. L-4620,
HELD: Mutilation is to diminish by
ingenuous means the metal in the
coin. One who mutilates a coin
does not do so for the sake of
mutilating, but to take advantage
of the metal abstracted; he
appropriates a part of the metal of
the coin. Hence, the coin
diminishes in intrinsic value. One
who utters said mutilated coin
 receives its legal value, much
more than its intrinsic value

ART. 165 - Selling of Possession of coin, counterfeited or
False or Mutilated Coin, mutilated by another with intent to utter
Without Connivance. the same knowing that it is false or
mutilated;
1. Actually uttering false or mutilated
coin, knowing it to be false or
mutilated.
1. Possession; People vs. Go Po, G.R. No. 42697
2. Intent to utter;
3. Knowledge that the coin is HELD: The accused must have
false knowledge of the fact that the coin
is false.The chinaman cannot be
convicted of illegal possession of
false coins because Art. 165
requires three things as regards
possession of false coins, namely:
(1) possession; (2) intent to utter;
and (3) knowledge that the coin is
false.

The fact that the Chinaman

received it in payment of his good
and placed it in his drawer shows
that he did not know that such
coin was false.

ART. 166 - Forging
Treasury or Bank Notes
or Other Documents
Payable to Bearer;
Importing, and Uttering
Such False or Forged
Notes and Documents.
1. Forging or falsification of treasury
or bank notes or other documents
payable to bearer;
2. 2. Importation of the same
3. Uttering the same in connivance
with forgers or importers;
Forging is 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; and falsification is
committed by erasing, substituting,
counterfeiting, or altering by any
means, the figures, letters, words, or
signs contained therein.
People vs. Valencia, et al., 59
Phil. 42
Uttering forged bill must be with
connivance to constitute a
violation of Art. 166. By pleading
guilty to the charge of having
passed a P10 counterfeit bill in a
store in violation of Art. 166, the
accused admitted all the material
allegations of the information,
including that of connivance with
the authors of the forgery, which

ART. 167 - 1. That there be an instrument
Counterfeiting, payable to order or other
Importing and Uttering document of credit not payable to
Instruments Payable to bearer;
Bearer. 2. That the offender either forged,
imported or uttered such
instrument;
3. That in case of uttering he
connived with the importer or
forger.
ART. 168 - 1. That the treasury or bank note or
Counterfeiting, certificate or other obligation and
Importing and Uttering securities payable to bearer or
Instruments Payable to any instrument payable to order or
Bearer.Illegal other document of credit not
Possession and Use of payable to bearer is forged or
False Treasury or Bank falsified by another;
Notes and Other 2. The offender knows that any of
Instruments of Credit. these instruments is forged or
falsified;
3. That he performs any of these
acts:
a. Using any of such forged or
falsified instruments; or
b. Possession with intent to use,
any of the forged or falsified
documents.
The counterfeiting must involve an
instrument payable to order or other
document of credit not payable to
bearer.
The possession must be with intent
to use said false treasury or bank
notes. Evidence must be presented
that the number which the questioned
bank note bears does not check with
the genuine one issued with the
same number.
characterizes the crime defined by
Art. 166 of the Revised Penal
Code.
People vs. Galano, C.A, 54 O.G.
5897
HELD: Forgery of currency is
punished so as to maintain the
integrity of the currency and thus
insure the credit standing of the
government and prevent the
imposition on the public and the
government of worthless notes or
obligations.
People vs. Digoro, G.R. No. L-
22032
HELD: Intent to possess is not
intent to use. Possession of false
treasury or bank notes alone is not
a criminal offense. For it to
constitute an offense under Article
168 of the Penal Code, the
possession must be with intent to
use said false treasury or bank
notes. Hence, it follows that an
information alleging possession of
false treasury and bank notes
without alleging intent to use the
same but only "intent to possess"
them, charges no offense
ART. 169 - Forgery 1. By giving to treasury or bank note
or any instrument payable to
bearer or to order the appearance
of a true and genuine document;
2. Counterfeiting, altering,
substituting, erasing any figures,
letters, words or signs contained
therein.
ART. 170 - Falsification 1. That there be a bill, resolution or
of Legislative ordinance enacted by or approved
Documents. or pending approval by either
House of the Legislative or any
provincial board or municipal
council;
2. The offender alters the same;
3. That he has no proper authority
therefor;
4. That alteration changed the
meaning of the document.
ART. 171 - Falsification 1. That the offender is a public
by Public Officer, officer, employee or notary public,
Employee or Notary or or ecclesiastical minister;
Ecclesiastic Minister. 2. That he takes advantage of his
official position when:
a. He has the duty to make or
Intent to use is sufficient to
consummate the crime when the
offender is in possession of false or
falsified obligations or notes.
The provision requires that the
offender has no proper authority to
make the alteration. Hence, the
offender may be a private individual
or a public offender.
In falsification of a public document,
the falsification need not be made on
an official form. It is sufficient that the
document is given the appearance of,
or made to appear similar to, the
official form.
HELD: There is forgery in this
case, because when the accused
wrote the name on the back of
the treasury warrant which was
originally made payable. he
converted, by such supposed
endorsement, the treasury warrant
to one payable to bearer. It had
the effect of erasing the phrase "or
his order" upon the face of the
warrant. There was material
alteration on a genuine document.
No Landmark case found
U.S. vs. Litonjua, 4 Phil. 485
HELD: The forged and the
genuine signatures or
handwritings must bear some
resemblance to each other. It has
been held that the fact of imitating
 prepare or otherwise to intervene
in the preparation of the
document; or
b. He has the official custody of
the document which he falsifies
3. The offender falsifies a Document
by committing any of the following:
a person's signature on a check in
such a way that the same, when
presented for collection "might
have passed in the rush of
business," although the
handwriting is a little bit different,
constitutes falsification

a. Counterfeiting or imitating any

handwriting, signature or rubric.
1. That there be an intent to
imitate or an attempt to imitate; 2.
The two signatures or
handwriting, the genuine and the
forged bear some resemblance to
each other

b. Causing it to appear that

persons have participated in an
act or proceeding when they did
not in fact so participate.
1. That the offender caused it to
appear in a document that a
person or persons participated in
an act or proceeding;
2. That such persons did not in
fact so participate in the act or
proceeding.

c. Attributing to persons who have

participated in any act or
proceeding statements other than
those in fact made by them.
1. That persons participated in an
act or proceeding;
2. That such person or persons
made statements in that act or
proceeding;
3. That the offender in making a
document, attributed to such
person, statements other than
those in fact made by such
person.

d. Making untruthful statements in

a narration of facts.
1. That the offender makes in a
document statements in a
narration of facts;
2. That he has the legal obligation
to disclose the truth of the facts
narrated by him;
3. That the facts narrated by the
offender are absolutely false;
4. That the perversion of truth in
the narration of facts was made
with the wrongful intent of injuring
a third person.

e. Altering true dates.

f. Making alteration or
intercalation in a genuine
document which changes its
meaning.
1. That there be an alteration or
intercalation (insertion) on a
document;
2. That it was made on a genuine
document;
3. That the alteration and
 intercalation has changed the
meaning of the document;
4. That the change made the
document speak something false

g. Issuing in an authenticated
form a document purporting to be
a copy of an original document
when no such original exist or
including in such a copy a
statement contrary to or different
from that of the genuine original.

h. Intercalating any instrument or

note relative to the issuance in a
protocol, registry or official book.

ART. 172 - Falsification Acts punished: The falsification of a public, official or People vs. Francisco, C.A., 64
by Private Individuals commercial document may be a O.G. 537
and Use of Falsified 1. Falsification of public, official or means of committing estafa, because
Documents. commercial document by a private before the falsified document is HELD: Cash disbursement
individual actually utilized to defraud another, vouchers are not commercial
the crime of falsification has already documents. Cash disbursement
Elements: been consummated, damage or vouchers or receipts evidencing
a. The offender is a private individual or a intent to cause damage not being an payment to borrowers ofthe loans
public officer or employee who did not element of the crime of falsification of extended to them are not
take advantage of his official position; public, official or commercial negotiable instruments nor are
b. That he committed any of the acts of document. they denned and regulated by the
falsification enumerated in Art.171 Code of Commerce and as such
(Pars.1- 6); are private documents only
c. That the falsification was committed in a
public or official or commercial document.

2. Falsification of private document by any

person;
Elements:
a. That the offender committed any of the
acts of falsification except those in par. 7,
enumerated in Art.171;
b. That the falsification was committed in a
private document;
c. That the falsification caused damage to
a third party or at least the falsification
was committed with the intent to cause
damage.

3. Use of falsified documents.

Elements:
a. Introducing in a judicial proceeding:
I. That the offender knew that the
document was falsified by another person;
ii. That the false document was embraced
in Art. 171 or in any subdivision No.1 or 2
of Art. 172;
iii. That he introduced said document in
evidence in any judicial proceeding. · No
damage is required.

b. Use in any other transaction

i. That the offender knew that the
document was falsified by another person;
ii. That the false document was embraced
in Art. 171 or in any of subdivision No. 1 or
2 of Art. 172;
iii. That he used such document (not in
judicial proceeding);

4. Using such falsified messages.

 Elements:
a. That the accused knew that wireless,
cable, telegraph or telephone message
was falsified by any person specified in
1st paragraph of Art.173;
b. That the accused used such falsified
dispatch;
c. That the use of the falsified dispatch
resulted in the prejudice of a third party, or
that the use thereof was with the intent to
cause such prejudice

ART. 173 - Falsification 1. That the offender is an officer or Acts punished: U.S. vs. Romero, 17 Phil. 76
of Wireless, Cable, employee of the government or an 1. Uttering fictitious wireless,
Telegraph and officer or an employee of a private telegraph, or telephone HELD: The accused was guilty of
Telephone Messages, corporation, engaged in the messages; falsification of telegraph messages
and Use of Said service of sending or receiving 2. Falsifying wireless, telegraph The accused, a telegraph
Falsified Messages. wireless, cable or telephone or telephone messages. operator, who received two
message; telegrams for transmission,
2. That he commits any of the above reduced the number of words of
acts. the telegraph messages by twelve
and eight words, respectively,
without having been authorized to
do so by the sender. He pocketed
the differences in the prices
charged in the sums of P0.72 and
P0.48, respectively.

ART. 174 - False Persons liable: U.S. vs. Deloso, 11 Phil.180

Medical Certificates, 1. Physician or surgeon who, in
False Certificates of connection with the practice
Merit or Service, etc. of profession issued a false
certificate;
2. Public officer who issued a
HELD: certificate of residence for
voting purposes is certificate of
"similar circumstances.” Thus, the
accused who falsely stated under
 false certificate of merit or
service, good conduct or
similar circumstances;
3. Private individual who
falsified a certificate falling in
the classes mentioned
oath that he was a resident of the
town of Jimenez for the required
period of time, so as to be able to
take part in the municipal
elections, was found guilty of
falsification of a certificate, not of
falsification of a public document

ART. 175 - Using False
Certificates.
1. That a false certificate mentioned Any one who shall knowingly use any No Landmark Case Found
in the preceding article was of the false certificates mentioned in
issued; the next preceding article.
2. That the offender knew that the
certificate was false;
3. That he used the same.

ART. 176 - Acts punished: People vs. Santiago, et al., C.A.

Manufacturing and 1. Making or introducing into the 48 O.G. 4401
Possession of Philippines any stamps, dies,
Instruments or marks, or other instruments HELD: The implements
Implements for or implements for confiscated need not form a
Falsification. counterfeiting; complete set.In order to secure a
2. Possession with intent to use conviction under the 2nd
the instruments or paragraph of Art. 176, it is not
implements for counterfeiting necessary that the implements
or falsification made in or confiscated form a complete set
introduced into the for counterfeiting, it being enough
Philippines by another that they may be employed by
person. themselves or together with other
implements to commit the crime of
counterfeiting or falsification

ART. 177 - Usurpation Two offenses: The acts performed must pertain to: People vs. Buenaflor, et al., C.A.,
of Official Functions. 1. Usurpation of authority 1. The Government 72 O.G. 364
2. Usurpation of official functions 2. To any person in authority
3. To any public officer HELD: Art. 177, as amended,
How committed: does not apply to occupant under

ART. 178 - Using Elements: (Using fictitious name)
Fictitious Name and
Concealing True Name.
Elements: (Concealing true name)
ART. 179 - Illegal Use
of Uniforms or Insignia.
1. By knowingly misrepresenting
oneself to be an officer, agent or
representative of the government,
whether local, national or foreign;
2. By performing any act pertaining
to a person in authority or public
officer of the government under
the pretense of official position
and without authority.
1. That the offender uses a name
other than his real name;
2. That he uses that fictitious name
publicly;
3. That the purpose of the offender
is— a. To conceal a crime; b. To
evade the execution of a
judgment; Or c. To cause damage
to public interest.
1. That the offender conceals: a. his
true name, b. all other personal
circumstances;
2. That the purpose is only to
conceal his identity.
1. That the offender makes use of
insignia, uniform or dress;
If the purpose is for causing damage,
it must be damage to public interest.
Any person who shall publicly and
improperly make use of insignias,
color of title. Article 177 of the
Revised Penal Code, as
amended, punishes the usurper or
one who acts under false
pretenses and not the occupant
under color of title. A usurper is
"one who introduces himself into
an office that is vacant, or who,
without color of title, ousts the
incumbent and assumes to act as
an officer by exercising some of
the functions of the office."
U.S. vs. To Lee Piu, 35 Phil. 4
HELD: Signing fictitious name in
an application for passport is
publicly using such fictitious name.
The signing of a fictitious name,
i.e., Toribio Jalijali, instead of To
Lee Piu, in an application for
passport, is publicly using a
fictitious name.
People vs. Romero, C.A., 58 O.G.
 2. That the insignia, uniform or dress
pertains to an office not held by
the offender or to a class of
person of which he is not a
member; and
3. That said insignia, uniform or
dress is used publicly and
improperly.
ART. 180 - False 1. That there be a criminal
Testimony Against a proceeding;
Defendant. 2. That the offender testifies falsely
under oath against the defendant
therein;
3. That the offender who gives false
testimony knows that it is false;
4. That the defendant against whom
the false testimony is given is
either acquitted or convicted in a
final judgment.
ART. 181 - False
Testimony Favorable to
the Defendant.
uniforms or dress pertaining
exclusively for uniformed PNP
personnel and the PNP of which
he/she is not a member shall be
criminally liable
False testimony is committed by any
person who, being under oath, and
required to testify as to the truth of a
certain matter at a hearing before a
competent authority, shall deny the
truth or say something contrary to it.
The false testimony in favor of the
defendant need not directly influence
the decision of the acquittal and it
need not benefit the defendant. ·
Conviction or acquittal of defendant
in principal case is not necessary.
A defendant who falsely testifies in
4402
HELD: It was ruled that to bring a
culprit within the coverage of
Article 179 of the Revised Penal
Code, on the illegal use of
uniforms and insignia, an exact
imitation of a uniform is
unnecessary. A colorable
resemblance calculated to deceive
the common run of people — not
those thoroughly familiar with
every detail or accessory thereof
— is sufficient
People vs. Maneja, 72 Phil. 256
HELD: The fourth element of false
testimony against a defendant
sprung from this certain case. The
fourth element is that the
defendant against whom the false
testimony is given is either
acquitted or convicted in a final
judgment.
People vs. Reyes, C.A., 48 O.G.
1837
HELD: False testimony favorable
to the defendant is equally
repugnant to the orderly
administration of justice.While
false testimony in favor of an
 his own behalf in a criminal case can
only be guilty of Art. 181 when he
voluntarily goes upon the witness
stand and falsely imputes to some
other person the commission of a
grave offense. If he merely denies
the commission of the crime or his
participation therein, he should not be
prosecuted for false testimony.
Testimony must be complete.
accused may be less obnoxious
than false testimony against him,
both forms of false testimony are
equally repugnant to the orderly
administration of justice, and
deserve to be rigorously
repressed

ART. 182 - False 1. That the testimony must be given
Testimony in Civil in a civil case;
Cases. 2. That the testimony must relate to
the issues presented in said case;
3. That the testimony must be false;
4. That the false testimony must be
given by the defendant knowing it
to be false;
5. That the testimony must be
malicious and given with an intent
to affect the issues presented in
said case.
False testimony must be first People vs. Collantes, C.A., 37
established. O.G. 1804
hELD: The testimony given in the
civil case must be false. Mere
guaranty is no lien on the
property. The prosecution failed to
prove that the agent owed money
to the principal at the time the
accused testified and that there
was then a subsisting debt for
which the property was given as a
security

ART. 183 - False Two ways of committing perjury: There must be competent proof of People vs. Cruz, 108 Phil. 255
Testimony in Other materiality.
Cases and Perjury in 1. By falsely testifying under oath; Held: The accused was convicted
Solemn Affirmation. 2. By making a false affidavit. of the crime of perjury. The
offense as defined in Art. 183 of
Elements: the Revised Penal Code is the
willful and corrupt assertion of a
1. That the accused made a falsehood under oath or
statement under oath or executed affirmation administered by
an affidavit upon a material authority of law on a material
matter; matter
 2. That the statement or affidavit
was made before a competent
officer authorized to receive and
administer oath;
3. That in that statement or affidavit,
the accused made a willful and
deliberate assertion of a
falsehood;
4. That the sworn statement or
affidavit containing the falsity is
required by law

Relevant – when it tends in any

reasonable degree to establish the
probability or improbability of a fact in
issue.

Pertinent – when it concerns collateral

matters which make more or less probable
the proposition at issue.

Oath – any form of attestation by which a

person signifies that he is bound in
conscience to perform an act faithfully and
truthfully.

Affidavit – a sworn statement in writing; a

declaration in writing, made upon oath
before an authorized magistrate or officer.

Competent person – a person who has a

right to inquire into the questions
presented to him upon matters under his
jurisdiction

Subornation of perjury – is committed by a

 person who knowingly and willfully
procures another to swear falsely and he
witness suborned does testify under the
circumstances rendering him guilty of
perjury.
ART. 184 - Offering 1. That the offender offered in
False Testimony in evidence a false witness or
Evidence. testimony;
2. That he knew the witness or
testimony was false;
3. That the offer was made in a official proceeding.
judicial or official proceeding.
ART. 185 - Elements of soliciting gift or promise:
Machinations in Public 1. That there be a public auction.
Auctions. 2. 2.That the accused solicited any
gift or a promise from any of the
bidders.
3. That such gift or promise was the
consideration for his refraining
from taking part in that public
auction.
4. That the accused had the intent to
cause the reduction of the price of
the thing auctioned.
Elements of attempting to cause bidders
to stay away:
1. That there be a public auction.
2. That the accused attempted to
cause the bidders to stay away
from that public auction.
3. That it was done by threats, gifts,
promises or any other artifice.
Art. 184 contemplates of a case
where a person, without inducing
another, but knowing him to be a
false witness, presented him, and the
latter testified falsely in a judicial or
Acts punishable:
1. Soliciting any gift or promise as a
consideration for refraining from
taking part in the public auction;
a. That there be a public auction;
b. That the accused solicited any gift
or a promise from any of the bidders;
c. That such gift or promise was the
consideration for his refraining from
taking part in that public auction.
d. That the accused had the intent to
cause the reduction of the price of
the thing auctioned.
2. Attempting to cause bidders to
stay away from an auction by threats,
gifts, promises or any artifice.
a. That there be a public auction;
b. That the accused attempted to
cause the buyers to stay away from
No Landmark Case Found
Diaz vs. Kapunan (45 Phil. 482)
HELD: At the time fixed for the
sale, there appeared Vicente Diaz
and Ruperto Kapunan. Kapunan
was ready to bid on the property
up to P16,000 in order to assist
the Mendezona family which was
in financial straits. At any rate, the
bidding was opened by Kapunan
offering P12.000 for the property
and with Diaz and Kapunan
raising the bids until finally Diaz
offered P12,500. There the bids
stopped on account of Diaz and
Kapunan entering into the
agreement, of decisive
importance. Following the
termination of the sheriff sale,
Diaz gave Kapunan P500 of the
PI,000 mentioned in the above
quoted document. Diaz took
 4. That the accused had the intent to
cause the reduction of the price of
the thing auctioned.
that public auction;
c. That it was done by threats, gifts,
promises or any other artifice.
d. That the accused had the intent to
cause the reduction of the price of
the thing.
overhe property of Mendezona
pursuant to his bid of P12.500. It
is indeed a situation covered by
Art. 185

ART. 186 - Monopolies Acts punishable: People vs. Torres, C.A., 51 O.G.
and Combinations in 1. Combination or conspiracy to 6280
Restraint of Trade. prevent free competition in
market. HELD: By express provision of
Art. 186, the president and each
By entering into any contract one of the directors or managers
or agreement or taking part in of the corporation or association
any conspiracy or shall be held as principals of the
combination in the form of a crime of monopolies and
trust or otherwise, in restraint combinations in restraint of trade.
of trade or commerce or to
prevent by artificial means
free competition in the
market.
2. Monopoly to restrain free
competition in market.

By monopolizing any
merchandise or object of
trade or commerce, or by
combining with any other
person or persons to
monopolize said
merchandise or object in
order to alter the prices
thereof by spreading false
rumors or making use of any
other artifice to restrain free
competition in the market.
 3. Making transactions
prejudicial to lawful commerce or to
increase the market price of
merchandise.

The person liable is the:

a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or
object of commerce.

ART. 187 - Importation Articles or merchandise involved: Since one of the acts penalized in No Landmark Case Found
and Disposition of 1. Gold, Art. 187 is knowingly importing
Falsely Marked Articles 2. Silver, misbranded articles made of gold,
or Merchandise Made of 3. Other precious metals, or silver, etc., which includes
Gold, Silver, or Other 4. Their alloys. possession thereof after importing
Precious Metals or Their the same, it is not necessary that
Alloys. Elements: they be sold and the public actually
1. That the offender imports, sells or deceived. But there must be
disposes any of those articles; evidence showing that the articles
2. That the stamps, brands or marks were imported.
of those articles or merchandise
fail to indicate the actual fineness
or quality of said metal or alloy;
3. That the offender knows that the
stamps, brands, or marks fail to
indicate the actual fineness or
quality of said metal or alloy.

P.D. 532 Acts Punished There is a presumption that any People v. Guevarra, G.R. No.
1. Piracy person who does any of the acts 97471, February 17,1993
2. Piracy with physical injuries or provided herein has performed them HELD: P.D. No. 532 punishes as
other crimes knowingly, unless the contrary is highway robbery or brigandage
3. Piracy with rape, murder or proven. only acts of robbery perpetrated
homicide by outlaws indiscriminately against
 4. Piracy and the offenders:
a. Abandoned the victims without
means of saving themselves
b. Seized the vessel by firing upon
or boarding it
5. Highway Robbery Brigandage
6. Highway Robber/Brigandage with
physical injuries or other crimes
7. Highway Robbery/Brigandage
with kidnapping for ransom or
extortion, or murder or homicide,
or rape.
R.A. 9372 1. Offender commits an act
punishable under any of the cited
provisions of the RPC, or under
any of the enumerated special
penal laws
2. Commission of the predicate
crime sows and creates a
condition of widespread and
extraordinary fear and panic
among the populace;
3. The Purpose of the crime is to
coerce the government to give in
to an unlawful demand
If the following are engaged by the
offender:
Acts Punished:
1. Article 122 (Piracy in General
and Mutiny in the High Seas
or in the Philippine Waters);
2. Article 134 (Rebellion or
Insurrection);
3. Article 134-a (Coup d' Etat),
including acts committed by
private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and
Serious Illegal Detention);
6. Article 324 (Crimes Involving
Destruction), or under
Presidential Decree No. 1613
(The Law on Arson);
7. Republic Act No. 6969 (Toxic
Substances and Hazardous
and Nuclear Waste Control
Act of 1990);
8. Republic Act No. 5207,
any person or persons on
Philippine highways as defined
therein, and not acts of robbery
committed against only a
predetermined or particular victim.
Hence, the mere fact that the
offense charged was committed
on a highway should not be the
determinant for the application of
the law.
Southern Hempishere
Engagement Network, Inc. v. Anti
Terrorism Council, G.R. No.
178552, October 5,2010
HELD:
Before a change for terrorism may
be filed under RA No. 9372, there
must first be a predicate crime
actually committed to trigger the
operation of the key qualifying
phrases in other elements of the
crime, including the coercion of
the government to accede to an
unlawful demand.
 (Atomic Energy Regulatory
and Liability Act of 1968);
9. Republic Act No. 6235 (Anti-
Hijacking Law);
10. Presidential Decree No. 532
(Anti-Piracy and Anti-
Highway Robbery Law of
1974); and,
11. Presidential Decree No.
1866, as amended (Decree
Codifying the Laws on Illegal
and Unlawful Possession,
Manufacture, Dealing in,
Acquisition or Disposition of
Firearms, Ammunitions or
Explosives)

R.A. 6235 Acts Punished The commission of the overt acts

1. Usurping or seizing control of an
aircraft of Philippine registry while
it is in flight; or compelling the
pilots thereof to change its course
or destination; Note: When the
aircraft is not in flight, the
usurpation or seizure of the
aircraft may amount to coercion or
threat. When death results, the
crime is homicide or murder, as
the case may be.
2. Usurping or seizing control of an
aircraft of foreign registry, while
within Philippine territory, or
compelling the pilots thereof to
land in any part of Philippine
territory;
mentioned in the aforementioned
punishable acts consummate a
violation of the special penal law.
People of the Philippines v.
Hedishi Suzuki, G.R. No. 120670,
October 23,2003
HELD:
In line with the afore-cited law, the
trial court correctly upheld the
PASCOMs authority to open
packages and cargoes, thus: This
Court does not subscribe to the
contention of the accused. The
Police Aviation Security Command
(PASCOM) is the implementing
arm of the National Action
Committee on Anti-Hijacking
(NACAH), which is a creation of
Presidential Letter of Instruction
 3. Carrying or loading on board an (LOI) No. 399, dated April 28,
aircraft operating as a public utility 1976
passenger aircraft in the
Philippines flammable, corrosive,
substances, explosive or
poisonous.
4. Loading, shipping, or transporting
on board a cargo aircraft
operating as a public utility in the
Philippines, flammable, corrosive,
or poisonous substance if not
done in accordance with the rules
and regulations of the Air
Transportation Office.

P.D. 1866, as amended Acts Punished: Performance of the aforementioned People v. Valdez (1999)
by R.A. 8294 and R.A. 1. Unlawful acquisition or punishable acts is a prime facie
10591 possession of firearms and evidence for the violation of P.D. HELD: The SC rules that “all
ammunition. 1866, as amended by RA 8294 and pending cases involving illegal
2. Use of loose firearm in the R.A. 10591 possession of firearm should
commission of a crime – continue to be prosecuted and
considered as an aggravating tried if no other crimes expressly
circumstance indicated in R.A. No. 8294 are
3. Carriage of registered firearm involved”.
outside of residence by a licensed
person without any legal authority
therefor
4. Unlawful Manufacture,
Importation, Sale or Disposition of
Firearms or Ammunition or Parts
Thereof, Machinery, Tool or
Instrument Used or Intended to be
Used in the Manufacture of
Firearms, Ammunition or Parts
Thereof
5. Arms Smuggling;
6. Tampering, Obliteration or
Alteration of Firearms
Identification; 6 Tampering,
Obliteration or Alteration of
Firearms Identification
7. Planting evidence or the willful
and malicious insertion, placing
and/or attachment, directly or
indirectly, through any overt or
covert act, of any firearm or
ammunition or parts thereof in the
person, house, effects etc. for the
purpose of incriminating another
individual.;
8. Unlawful taking, sale or
disposition by any laborer, worker
or employee of a licensed
firearms dealer of parts of
firearms or ammunition which the
company manufactures and sells,
and other materials used by the
company in the manufacture or
sale of firearms or ammunition.
9. Failure to Notify Lost or Stolen
Firearm or Light Weapon
10. Failure to Notify the FEO of the
PNP of a licensed person’s
change of residence or office
address, other than that indicated
in the license card, within thirty
(30) days from transfer.
11. Illegal Transfer or registration of
firearms to any person who has
not yet obtained the necessary
license or permit thereof.
R.A. 9165, as amended Acts Punished: Controlled precursors and People v. Ponferada, G.R. No.
by R.A. 10640 essential chemicals (CP/EC) – 101004, March 17,1993
1.Importation of Dangerous Drugs and/or include those listed in Tables I and II
Controlled Precursors and Essential of the 1988 UN Convention Against HELD: In order to sustain a
Chemicals Illicit Traffic in Narcotic Drugs and conviction for selling prohibited
Psychotropic Substances drugs, the element of sale must be
2. Sale, Trading, Administration, unequivocally established. What
Dispensation, Delivery, Distribution and the law proscribes is not only the
Transportation of Dangerous Drugs and/or Dangerous Drugs (DD) – act of selling but also the act of
Controlled Precursors and Essential include those listed in the Schedules delivering. What is important is
Chemicals annexed to the 1961 Single that the accused is that the
Convention on Narcotic Drugs, as poseur-buyer received the drugs
3. Maintenance of a Den, Dive or Resort amended by the 1972 Protocol, and from the accused.
in the Schedules annexed to the
4. Manufacture of Dangerous Drugs 1971 Single Convention on
and/or Controlled Precursors and Psychotropic Substances
Essential Chemicals

5. Illegal Chemical Diversion of Controlled

Precurors and Essential Chemicals

6. Manufacture or delivery of Equipment,

Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals

7. Possession of Dangerous Drugs

8. Possession of Equipment, Instrument,

Apparatus and Other Paraphernalia for
Dangerous Drug

9. Use of Dangerous Drug

10. Cultivation or Culture of Plants

Classified as Dangerous Drugs or are
sources thereof.

11. Maintenance and Keeping of Original

Records or Transactions on Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals

12. Unnecessary Prescription of

Dangerous Drugs

13. Unlawful Prescription of Dangerous

Drugs

14. Planting Evidence

2. Discuss the effect of RA 10951 on Arts. 114-187 of RPC

Republic Act No. 10951 was made effective by the House of Representatives and Senate on August 29,
2017, which amended the eighty-seven year old Revised Penal Code of the Philippines. Primarily, its objective is
to solve the problem of the “unjust and disproportionate penalties1” by increasing the scales of properties and
damages on which the penalty of felonies are based. It also takes into consideration the current monetary and
property values, and takes into account the inflation that transpired at the time of its enactment up until the year
2017. Another important highlight of the amendment involves the changing of penalties imposed on crime of
treason, maltreatment of prisoners and estafa by post-dating a check; these aforementioned are now punishable
longer than the repealed version. For instance, the penalty for treason committed by Filipinos and aliens was
reclusion perpetua to death and prision mayor to death respectively, and both with a fine not exceeding P20,000.
However, the amendment now significantly increases both the jail time and the fine. For treason committed by
Filipinos, treason is now punishable with reclusion perpetua to death, and by aliens with reclusion temporal to
death, and both with a fine not exceeding P4 million.
Furthermore, the amendatory law also applies to cases of persons under preventive detention at the
passage of the law and also those who are already in the midst of serving their sentences. Hence, those who
are detained pending trial or appeal are entitled to apply for bail and be set free if they have already served the
minimum sentence in the new adjusted law. Meanwhile, those who are already convicted are also given the
cause of action to have their cases reopened, in order for the new penalty, in the modified version, to take effect.

1 https://divinalaw.com/r-10951-correcting-unjust-benefit-wrongdoers/