Classification Crime Is intent Comparison Elements Notes

material?
Crimes Treason and Treason Subversion? 1. Offender is a Filipino citizen or an alien 1. Treason cannot be committed
Against Espionage Espionage residing in the Philippines in time of peace
National Rebellion/Insurrrection 2. There is war in which the Philippines is 2. In treason by levying war, it
Security and Coup d’etat involved is not necessary that there be
the Law of Sedition 3. Offender either: a formal declaration of the
the Nations a. levies war against the government existence of a state of war
i. that there be an actual 3. The war must be directed
assembling of men, against government
ii. for the purpose of executing a 4. The purpose of levying war
treasonable design by force is to deliver the country in
b. or adheres to the enemies, giving whole or in part to the
them aid or comfort enemy; must be in
collaboration with foreign
Treason – branch of allegiance to a enemy
government, committed by a person who owes 5. The aid or comfort given to
allegiance to it the enemies must be after the
declaration of war; the
Allegiance – obligation of fidelity and enemies must be the subject
obedience which the individuals owe to the of foreign power
government under which they live or to their 6. No treason thru negligence
sovereign, in return for the protection they 7. When common crimes are
receive; either permanent or temporary charged as overt acts of
treason, they cannot be
Adherence to Enemy – intent to betray; when regarded as separate crimes
a citizen intellectually or emotionally favors or as complexed by treason.
the enemy and harbors sympathies or 8. Treason by Filipino citizen
convictions disloyal to his country’s policy or may be committed outside
interests] the Philippines
9. Treason is a continuous
Aid or Comfort – an act which strengthens or offense
tends to strengthen the enemy in the conduct 10. Treason cannot be proved by
of war against the traitor’s country and an act circumstantial evidence or
which weakens or tends to weaken the power extrajudicial confession of
of the traitor’s country to resist or to attack the accused
enemy 11. Two witness rule is severely
restrictive
Ways of Proving Treason: 12. Sufficient that witnesses are
1. Testimony of 2 witnesses, at least, to the uniform in their testimony on
same overt act; or the overt act; it is not
2. Confession of the accused in open court necessary that there be
corroboration between them
on the point they testified
13. Adherence may be proved by
one witness, or from the

Conspiracy and proposal to
commit treason
Misprision of treason
Espionage
Rebellion/Insurrrection
nature of the act itself, or
from the circumstances
surrounding the act
14. Defense of suspended
allegiance and change of
sovereignty is not accepted
15. Defense of obedience to de
facto Government is
acceptable
16. Defense of duress or
uncontrollable fear is
acceptable
1. Conspiracy to Commit Treason The two witness rule does NOT
2. Proposal to Commit Treason apply to this article
1. Offender must be owing allegiance to the 1. Conspiracy is one to
government and not a foreigner commit treason
2. He has knowledge of any conspiracy to 2. Article 116 is an
commit treason against the government exception to the rule
3. He conceals or does not disclose and that mere silence does
make known the same as soon as not make a person
possible to governor or fiscal of province criminally liable
or the mayor or fiscal of the city in which
he resides
Subversion? 1. By entering, without authority therefore, 1. Espionage – gathering,
Treason a warship, fort or naval or military transmitting, or losing
establishment or reservation to obtain information respecting the
Coup d’etat any information, plans, photographs or national defense with intent
Sedition other data of a confidential nature or reason to believe that the
relative to the defense of the Philippines information is to be used to
a. Offender enters any of the places the injury of the RP or to the
mentioned therein advantage of any foreign
b. He has no authority therefore nation
c. His purpose is to obtain info, plans, 2. To be liable under paragraph
etc. of a confidential nature relative 1, the offender must have the
to defense of RP intention to obtain
2. By disclosing to the representative of a information relative to the
foreign nation the contents of the articles, defense of RP
data, or information referred to in Par. 3. It is not necessary that the
No. 1 which he had in his possession by information is obtained
reason of the public office he holds 4. Espionage distinguished from
a. Offender is a public officer treason:
b. He has in his possession the a. Both are crimes not
articles, etc. by reason of the public conditioned on
office he holds citizenship
c. He discloses their contents to a Espionage – may be
representative of a foreign nation committed in many ways,
 both in time of peace or war;
Treason – 2 ways of
committing; and only in time
of war

An Act to Punish Espionage and

Other Offenses Against National
Security
1. Unlawfully obtaining or
permitting to be
obtained information
affecting national
defense
2. Unlawful disclosing of
information affecting
national defense
3. Disloyal acts or words
in time of peace
4. Disloyal acts or words
in time of war
5. Conspiracy to violate
preceding sections
6. Harboring or
concealing violators of
law

Provokng war Inciting to War or giving motives No 1. Offender performs unlawful or 1. The intention of
and disloyalty for reprisals unauthorized acts offender is immaterial
in case of war 2. Such acts provoke or give occasion for a 2. Committed in time of
war involving or liable to involve the peace
Philippines or expose Filipino citizens to
reprisals on their persons or property
Violation of neutrality 1. There is a war which the Philippines is 1. Neutrality – a nation or
not involved power which takes no
2. There is a regulation issued by part in a contest of arms
competent authority for the purpose of going on between
enforcing neutrality others is referred to as
3. Offender violates such regulation neutral
2. There must be
regulation issued by
competent authority for
enforcement of
neutrality
Correspondence with hostile No, as long 1. It is in time of war in which the 1. 1. Correspondence –
country as Philippines is involved communicating by means of
 prohibited 2. Offender makes correspondence with an letters; or it may refer to the
by gov’t enemy country or territory that is letters which pass between
occupied by enemy troops those who have friendly or
3. The correspondence is either business relations
a. Prohibited by the government 2. Even if correspondence
b. Carried in ciphers or conventional contains innocent matters, if
signs such has been prohibited by
c. Containing notice or information the government, it is
which might be useful to the enemy punishable
3. Prohibition by the
government is not essential in
paragraphs 1 and 2
4. Qualifying circumstances
that must concur together:
a. The notice or
information might be
useful to the enemy
The offender intended to aid
the enemy
Flight to enemy’s country 1. There is a war which the Philippines is 1. 1. An alien resident may be
involved guilty of flight to enemy
2. Offender must be owing allegiance to the country
government 2. Mere attempt to flee or go to
3. Offender attempts to flee or go to enemy enemy country consummates
country crime
4. Going to enemy country is prohibited by 3. Article 121 must be
competent authority implemented by the
Government
Piracy and Piracy in general and mutiny on 1. Vessel is on the high seas or in 1. High Seas – any waters
mutiny on the the high seas or in Philippine Philippine waters on the sea coast which
high seas and waters 2. Offenders are not members of its are without the
Philippine complement or passengers of the vessel boundaries of low-
waters 3. Offenders either water mark, although
a. attack or seize the vessel such waters may be in
b. seize the whole or part of the cargo the jurisdictional limits
of said vessel, it’s equipment, or of a foreign government
personal belongings of its 2. Piracy Distinguished
complement or passengers From Robbery in
High Seas
Piracy – robbery or forcible depredation on a. In piracy offender is an
the high seas, without lawful authority and outsider; in robbery,
done with animo furandi and in the spirit and offender is member of
intention of universal hostility crew or passenger
b. In both, there is intent
Mutiny – unlawful resistance to a superior to gain and manner of
officer, or the raising of commotions and committing the crime is
 disturbances on board a ship against the the same
authority of the commander 3. Piracy Distinguished
from Mutiny
a. In piracy, the offenders
are strangers; in
mutiny, they are
members of the crew or
passengers
b. In piracy, intent to gain
is essential; in mutiny,
the intention may be to
ignore ship’s officers or
to commit plunder

PD 532 (Anti-Piracy Law) –

covers any person in contrast w/
Art. 123 w/c only covers persons
who are not passengers or
members of its complement

Qualified piracy Qualifying Circumstances: 1. Any person who aids or

1. Seized vessel by boarding or firing upon protects pirates or abets the
the same; or commission of piracy shall
2. Pirates have abandoned their victims be considered as an
without means of saving themselves; or accomplice
3. Crime is accompanied by murder,
homicide, physical injuries or rape 2. R.A. 6235 – An Act
Punishing Certain Acts
Inimical to Civil Aviation
Crimes Arbitrary Arbitrary detention Delay in delivery 1. Offender is a public officer or employee 1. Legal Grounds for
Against the detention or Delay in release 2. He detains a person Detention of Prisoner:
Fundamenta expulsion Illegal detention 3. Detention is without legal grounds a. the commission of a
l Laws of crime
the State Detention – when a person is placed in b. violent insanity or o the
confinement or there is a restraint on his ailment requiring the
person compulsory
confinement of the
Detention is without legal grounds: patient in a hospital
1. When he has not committed any crime 2. Arrest without warrant is the
or, at least, there is no reasonable ground usual cause of arbitrary
for suspicion that he has committed a detention
crime; or 3. Arrest Without Warrant,
2. When he is not suffering from violent When Lawful (Sec. 5 Rule
insanity or any other ailment requiring 113)
compulsory confinement in a hospital - Personal knowledge is
required

Delay in the Delivery of Detained
Persons
- A crime must in fact
or actually have been
committed
4. There is no reasonable
ground if officer only wants
to know the commission of
crime
There is arbitrary detention
thru imprudence
Arbitrary detention 1. Offender is a public officer or employee 1. If the offender is a
Delay in release 2. He has detained a person for some legal private person, the
ground crime is illegal
3. He fails to deliver such person to the detention
proper judicial authorities within: 2. Detention must be for
a. 12 hours for offenses punishable by some legal ground
light penalties or their equivalent 3. Article 125 does not
b. 18 hours for offenses punishable by apply when the arrest is
corrective penalties or their by virtue of a warrant
equivalent of arrest but must be a
c. 36 hours for offenses punishable by lawful arrest
afflictive or capital or their 4. Delivery does not
equivalent consist in a physical
delivery, but in making
Proper Judicial Authorities – means the an accusation or charge
courts of justice or judges or said courts vested or filing of an
with judicial power to order the temporary information against
detention or confinement of a person charged person
with having committed a public offense 5. Duty of the detaining
officer is deemed
Rights of Person Detained: complied with upon the
1. He shall be informed of the cause of his filing of the complaint
detention with the judicial
2. He shall be allowed, upon his request, to authority
communicate and confer at anytime with 6. Provisions of Article
his attorney or counsel 125 may be waived if
person asks for
Circumstances considered in determining preliminary
liability of officer detaining a person beyond examination
legal period: 7. Violation of Article 125
1. means of communication does not affect legality
2. hour of arrest of confinement under
3. other circumstances (time, etc.) process issued by a
court
8. The illegality of the
detention is not cured
by the filing of the

Delaying release Arbitrary detention 1. That offender is a public officer or
Delay in delivery employee
2. 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. The offender without good reason
delays:
a. the service of the notice of such
order to the prisoner
b. the performance of such judicial or
executive order for the release of
the prisoner
c. the proceedings upon a petition for
the release of such person
Expulsion 1. Offender is a public officer or employee
2. He expels any person from the
Philippines or compels a person to
change his residence
3. The offender is not authorized to do so
by law
Violation of Violation of domicile Trespass to dwelling Acts Punished:
domicile 1. By entering any dwelling against the will
of the owner thereof; or
2. By searching papers or other effects
found therein without the previous
consent of such owner; or
3. By refusing to leave the premises, after
having surreptitiously entered said
information in court
9. Fiscal is not liable,
unless he ordered
detention
Article 125 distinguished from
Article 124 – in Art. 124, the
detention is illegal from the
beginning; in Art. 125, the
detention is legal in the beginning
but the illegality of the detention
starts from the expiration of any of
the periods of time specified
without person detained having
been delivered to proper judicial
authority
Wardens and jailers are the
public officers most likely to
violate Article 126
Only the court by a final
judgment can order a person
to change his residence
1. A public officer or employee
is authorized by judicial
order when he is armed with
a search warrant duly issued
by the court
2. “Against the will of the
owner” presupposes
opposition or prohibition by

Search warrants maliciously
obtained, and abuse in the service
of those legally obtained
dwelling and after having been required
to leave the same
Elements Common to the Three Acts:
1. Offender is a public officer or employee
2. He is not authorized by judicial order to
enter the dwelling and / or to make a
search therein for papers and other
effects
Acts Punished:
1. By procuring a search warrant without
just cause
a. Offender is a public officer or
employee
b. Procures a search warrant
c. There is no just cause
2. By exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured
a. The offender is a public officer or
employee
b. He has legally procured a search
warrant
c. He exceeds his authority or uses
unnecessary severity in executing
the same
Search Warrant – an order in writing issued
in the name of the People of the Philippines,
signed by a judge and directed to a peace
officer, commanding him to search for
personal property described therein and bring
it before the court
said owner, whether express
or implied; if it is only
without the consent of the
owner, the crime is not
committed
3. Right of officer to break into
building or enclosure (Sec 11
Rule 113, 1985 Rules on
Criminal Procedure)
4. Circumstances Qualifying the
Offense:
a. If the offense is
committed at nighttime;
or
b. If any papers or effects
not constituting
evidence of a crime are
not returned
immediately after the
search was made
Papers of other effects must
be found in the dwelling
1. Personal Property to be
Seized:
a. Subject of the offense;
or
b. Stolen or embezzled
and other proceeds or
fruits of the offense; or
c. Used or intended to be
used as the means of
committing an offense
2. Search warrant will not issue
except upon probable cause
3. Search warrant is valid for 10
days from its date
4. The true test of lack of just
cause is whether the affidavit
filed in support of the
application for search
warrant has been drawn in
such a manner that perjury
could be charged thereon and
affiant be held liable for
damages caused
5. Search and seizure without
 Probable Cause – such reasons, supported by
facts and circumstances, as will warrant a
cautious man in the belief that his action, and
the means taken in prosecuting it, are legally
just and proper
Searching domicile without 1. The offender is a public officer or
witnesses employee
2. He is armed with search warrant legally
procured
3. He searches the domicile, papers or other
belongings of any person
4. The owner, or any member of his family,
or two witnesses residing in the same
locality are not present
Prohibition, Prohibition, interruption, and Religious worship 1. Offender is a public officer or employee
interruption, dissolution of peaceful meetings Religious feelings 2. He performs any of the following acts:
and dissolution Tumults and public a. Prohibiting or interrupting, without
of peaceful disorder legal ground, the holding of a
meetings Alarms and scandals 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
warrant as an incident to
lawful arrest is legal
6. Peace officers may enter
house of an offender who
committed an offense in their
presence
Search and seizure of vessels
without a search warrant legal
Search – to go over or look thru
for the purpose of finding
something; to examine
Distinguish Article 128 from
Article 130 – In violation of
domicile, the public officer has not
authority to make a search warrant;
in Article 130, public officer has a
search warrant
1. Private individual cannot
commit this crime
2. Under paragraph 1, public
officer must act without legal
ground
3. When the meeting to be held
is not peaceful, there is legal
ground for prohibiting it
4. The right to peaceably
assemble is not absolute and
may be regulated
5. The offender must be a
stranger, not a participant, in
the meeting

Crimes against Interruption of religious worship Peaceful meetings 1. Offender is a public officer or employee 1. Preventing a religious
religious Religious feelings 2. Religious ceremonies or manifestations ceremony to take place
worship Tumults and public of any religion are about to take place or punishable under this article
disorder are going on 2. Reading a bible and then
Alarms and scandals 3. Offender prevents or disturbs the same attacking certain churches in
Qualifying Circumstance: a public plaza is not a
- if the crime is committed with ceremony of manifestation of
violence or threats religion, but only a meeting
of a religious sect
Offending the religious feelings Unjust Vexation 1. Acts complained of were performed: 1. It is not necessary that there
a. In a place devoted to religious is a religious ceremony going
worship, or on when the offender
b. During the celebration of any performs acts notoriously
 religious ceremony
2. The acts must be notoriously offensive to
the feelings of the faithful
Religious Ceremonies – religious acts
performed outside of a church, such as
processions and special prayers for burying
dead person
Crimes Rebellion, Rebellion Yes Subversion? 1. There be a public uprising and taking
Against Coup d’etat, Espionage arms against the Government
Public Order Sedition, and Treason 2. The purpose of the uprising or movement
Disloyalty Coup d’etat is either:
Sedition a. to remove from the allegiance to
said government or its laws:
i. the territory of the Philippines
or any part thereof; or
ii. any body of land, naval or other
armed forces; or
b. To deprive the Chief Executive or
Congress, wholly or partially, of
any of their powers or prerogatives
Rebellion – used where the object of the
movement is completely to overthrow and
supersede the existing government
Insurrection – used in reference to a
movement which seeks merely to effect some
change of minor importance, or to prevent the
exercise of governmental authority with
respect to particular matters or subject
Rebellion distinguished from Treason:
1. Rebellion – levying of war during peace
time for any of the purposes mentioned;
Treason – performed in aid of enemy
during wartime
2. Rebellion always involves taking up
arms against government; Treason may
be committed by mere adherence to the
enemy, giving aid or comfort
offensive to the feelings of
the faithful
2. There must be deliberate
intent to hurt the feelings of
the faithful
3. Offense to feelings is judged
from complainant’s point of
view
1. 1. Rebellion or of inciting it
is a crime of masses, of a
multitude
2. Actual clash of arms with the
forces of the government, not
necessary to convict the
accused who is in conspiracy
with others actually taking
arms against the government
3. Purpose of the uprising must
be shown
4. It is not necessary that the
purpose be accomplished
5. Giving aid or comfort not
criminal in rebellion
6. Rebellion distinguished from
Subversion – rebellion is a
crime against public order;
Subversion – like treason,
against national security
7. Mere silence or omission is
not punishable in rebellion
8. It is not a defense in rebellion
that the accuse never took the
oath of allegiance to, or that
they never recognized the
government
9. Those who killed persons in
pursuance of movement to
overthrow government are
liable for rebellion only
10. There is no complex crime of
rebellion with murder and
other common crimes
(Hernandez ruling)
11. Killing, robbing, etc for a
private purpose or profit,
without any political
 motivation, would be
separately punished and
would not be absorbed in the
rebellion
Coup d’etat – How committed Subversion? 1. Offender is a person(s) belonging to the 1. Coup d’ etat may be
Espionage military or police or holding any public committed with or without
Rebellion/Insurrrection office or employment civilian participation
Treason 2. It is committed by means of a swift 2. Those liable for Rebellion,
Sedition attack accompanied by violence, Insurrection and/or Coup d’
intimidation, threat, strategy or stealth etat (Article 135)
3. The attack is directed against duly a. Leaders
constituted authorities of the Philippines, i. any person who
or any military camp or installation, promotes, maintains,
communication networks, public utilities or heads a rebellion
or other facilities needed for the exercise or insurrection
and continued possession of power ii. any person who
4. The purpose of the attack is to seize or leads, directs, or
diminish state power commands others to
undertake a coup
Political Crimes Distinguished from d’etat
Common Crimes b. Participants
- Political crimes are those directly i. Any person who
aimed against the political order, as participates or
well as such common crimes as executes the
may be committed to achieve a commands of others
political purpose in rebellion or
- The decisive factor is the intent or insurrection
motive ii. Any person in the
government service
who participates, or
executes directions
or commands of
others in undertaking
a coup d’etat
iii. Any person not in
the government
service who
participates,
supports, abets, or
aids in undertaking a
coup d’etat
Penalty for rebellion, insurrection 1.
or coup d’etat
Conspiracy and proposal to 1. Conspiracy and Proposal to Commit Coup 1. Merely agreeing and
commit coup d’etat, rebellion or d’etat deciding to rise publicly and
insurrection 2. Cospiracy and Proposal to Commit take arms against the

Disloyalty of public officers or
employees
Inciting to rebellion or
insurrection
Sedition – How committed
Rebellion/Insurrrection
Rebellion or Insurrection government for the purposes
of rebellion or merely
proposing the commission of
said acts is already subject to
punishment
2. No conspiracy when there is
no agreement and no decision
to commit rebellion
1. Offender is a public officer or employee1. 1. The crime of disloyalty of
2. Commits any of the following acts of public officers presupposes the
disloyalty: existence of rebellion by other
a. Failing to resist a rebellion by all persons
the means in their power; 2. 2. The offender under Article 137
b. Continuing to discharge the duties must not be in conspiracy with the
of their offices under the control of rebels
the rebels;
c. Accepting appointment to office
under them
1. Offender does not take arms or is not in 1. Inciting to Rebellion
open hostility against the government Distinguished from Proposal
2. He incites others to the execution of any a. in both, the offender
of the acts of rebellion induces another to
3. The inciting is done by means of commit rebellion
speeches, proclamations, writings, b. in proposal, person who
emblems, banners or other proposes has decided to
representations tending to the same end commit rebellion; in
inciting, it is not
required that offender
has decided to commit
rebellion
c. in proposal, person who
proposes uses secret
motive; in inciting, the
act is done publicly
2. Rebellion should not be
committed
Subversion? 1. The offenders rise publicly and 1. Sedition is the raising of
Espionage tumultuously commotions or disturbances
2. They employ force, intimidation, or other in the state
Coup d’etat means outside of legal methods 2. Sedition Distinguished from
Treason 3. The offenders employ any of those Rebellion
means to attain any of the following a. In both, there
objects: must be public
a. To prevent the promulgation or uprising
execution of any law or the holding b. In sedition, it is
of any popular election sufficient that

Penalty for sedition
Conspiracy to commit sedition
Inciting to Sedition Different Acts Punished:
1. Inciting to Sedition to Accomplish any of
2. Uttering seditious words or speeches
b. To prevent the National Gov’t, or public uprising is
any provincial or municipal gov’t, tumultuous; in
or any public officer thereof from rebellion, there
freely exercising its or his must be taking up
functions, or prevent the execution of arms against
of any administrative order the government
c. To inflict any act of hate or revenge c. In sedition, the
upon the person or property of any purpose of
public officer or employee offenders may be
d. To commit, for any political or political or social;
social end, any act of hate or in rebellion, it is
revenge against private persons or always political
any social class; and 3. Sedition distinguished from
e. To despoil, for any political or treason – treason is the
social end, any person, violation by a subject of
municipality or province, or the allegiance to sovereign;
national gov’t of all its property or sedition is the raising of
any part thereof commotions or disturbances
in the State
4. Public uprising and an object
of sedition must concur
Common crimes are not absorbed
in sedition
a. 1. There must be an agreement
and a decision to rise
publicly and tumultuously to
attain any of the objects of
sedition
2. There is no proposal to
commit sedition
3.
1. Scurrilous – low, vulgar,
mean or foul
its Objects: 2. Uttering seditious words or
a. Offender does not take direct part speeches and writing,
in the crime of sedition publishing or circulating
b. He incites others to the scurrilous libels are
accomplishment of any of the acts punishable, when:
which constitute sedition a. they tend to disturb or
c. The inciting is done by means of obstruct any lawful
speeches, proclamation, writings, officer in executing the
emblems, cartoons, banners, or functions of his office;
other representations tending to the or
same end b. they tend to instigate
others to cabal and
 which tend to disturb the public peace meet together for
3. Writing, publishing or circulating unlawful purposes; or
scurrilous libels against the government c. they suggest or incite
or any of the duly constituted authorities rebellious conspiracies
thereof, which tend to disturb the public or riots; or
peace d. they lead or tend to stir
b. Offender does not take direct part up the people against
in the crime of sedition the lawful authorities or
c. Commits any of the following acts to disturb the peace of
of sedition either 2 or 3 the community, the
safety and order of the
government
3. Knowingly concealing such
evil practices is treated and
punished as that of the
principal
4. Two rules relative to
seditious words:
a. Clear and Present
Danger Rule
b. Dangerous Tendency
Rule
Crimes Crimes against Acts tending to 5. Sedition is the raising of commotions or 1. Chief of police and mayor
Against legislative prevent the disturbances in the state who prevented the meeting of
Popular bodies and meeting of the 6. Sedition Distinguished from Rebellion the municipal council are
Representation similar bodies Assembly and d. In both, there must be public liable under Article 143,
similar bodies uprising when the defect of the
e. In sedition, it is sufficient that meeting is not manifest and
public uprising is tumultuous; requires an investigation
in rebellion, there must be before its existence can be
taking up of arms against the determined
government
f. In sedition, the purpose of
offenders may be political or
social; in rebellion, it is
always political
7. Sedition distinguished from treason –
treason is the violation by a subject of
allegiance to sovereign; sedition is the
raising of commotions or disturbances in
the State
8. Public uprising and an object of sedition
must concur
9. Common crimes are not absorbed in
sedition
Disturbance of a. 3. There must be an agreement and a 1. The complaint for
 proceedings decision to rise publicly and
tumultuously to attain any of the objects
of sedition
4. There is no proposal to commit sedition
Violation of parliamentary 1. 5. Scurrilous – low, vulgar, mean or foul
immunity 6. Uttering seditious words or speeches and
writing, publishing or circulating
scurrilous libels are punishable, when:
e. they tend to disturb or obstruct any
lawful officer in executing the
functions of his office; or
f. they tend to instigate others to
cabal and meet together for
unlawful purposes; or
g. they suggest or incite rebellious
conspiracies or riots; or
h. they lead or tend to stir up the
people against the lawful
authorities or to disturb the peace
of the community, the safety and
order of the government
7. Knowingly concealing such evil
practices is treated and punished as that
of the principal
8. Two rules relative to seditious words:
c. Clear and Present Danger Rule
d. Dangerous Tendency Rule
Illegal Illegal assemblies Illegal assemblies 1. Any meeting attended by armed persons
Assemblies Illegal associations for the purpose of committing any of the
and Inciting to rebellion crimes punishable under the code
Associations Inciting to sedition a. there is a meeting, a gathering or
group of persons, whether in a
fixed place or moving
b. that the meeting is attended by
armed persons
c. that the purpose of the meeting is to
commit any of the crimes
punishable under the code
2. Any meeting in which the audience,
whether armed or not, is incited to the
commission of treason, rebellion or
insurrection, sedition, or assault upon a
person in authority or his agents
disturbance of proceedings
may be filed by a member of
a legislative body
2. One who disturbs the
proceedings of the congress
my also be punished for
contempt
1. Parliamentary immunity does
not protect members of the
Congress from responsibility
before the legislative body
itself
2. It is sufficient that the
offender, in using force,
intimidation, threats, or
frauds, has the purpose to
prevent a member of
Congress from exercising
any of his such prerogatives
1. Persons present at the
meeting must be armed in the
first form of illegal assembly
2. But not all the persons
present at the meeting of the
1st form of illegal assembly
must be armed
3. The unarmed person merely
present at the meeting of the
1st form of illegal assembly is
liable
4. If any person present at the
meeting carries an unlicensed
firearm:
a. It is presumed that the
purpose of the meeting
 a. there is a meeting, a gathering or insofar as he is
group of persons, whether in a concerned, is to commit
fixed place or moving acts punishable under
b. the audience, whether armed or not, the Code; and
is incited to the commission of the b. He is considered a
crime of treason, rebellion or leader or organizer of
insurrection, sedition or direct the meeting
assault 5. Meeting – includes a
gathering or group, whether in a
Persons liable for illegal Assembly: fixed place or moving
1. Organizers or leaders of the meeting
2. Persons merely present at the meeting
Illegal associations Illegal Associations: Illegal Association distinguished
1. Associations totally or partially from Illegal Assembly
organized for the purpose of committing 1. In Illegal Association, it is
any of the crimes punishable under the not necessary that there be an
Code actual meeting; In illegal
2. Associations totally or partially Assembly, it is necessary
organized for some purpose contrary to there is an actual meeting
public morals 2. In illegal associations, it is
the act of forming or
Persons Liable for Illegal Association: organizing and membership
1. Founders, directors and president of the in association that are
association punished; in Illegal
2. Mere members of the association Assembly, it is the meeting
and attendance at such
meeting that are punished
In illegal associations, the
persons liable are the
founders, directors and
president and the members;
In illegal assembly the person
liable are the organizers or
leaders of the meeting, and
persons present at such
meeting
Assault Upon, Direct assaults Ordinary assaults Two Forms of Direct Assault and Their 1. It does not seem that the
and Resistance Resistance to person in Requisites: offended party in the first
and authority or his agent 1. Without public uprising, by employing form of direct assault must
Disobedience Physical injuries force or intimidation, for the attainment be a person in authority or his
to, Persons in of any of the purposes enumerated in agent
Authority and defining the crimes of rebellion and 2. If the offended party is only
Their Agents sedition an agent of a person in
a. the offender employs force or authority, the force employed
intimidation must be of SERIOUS
b. the aim of the offender is to attain character to be direct assault
 any of the purposes of the crime of
rebellion or any of the objects of
crime of sedition
c. there is no public uprising
2. Without public uprising, by attacking or
employing force or by seriously
intimidating or by seriously resisting any
person in authority or any of his agents,
while engaged in the performance of
official duties, or on the occasion of such
performance
Simple Assault:
a. the offender makes an attack,
employs force, makes a serious
intimidation, or makes a serious
resistance
b. the person assaulted is a person in
authority or his agent
c. at the time of the assault the person
in authority or his agent is engaged
in the actual performance of
official duties, or that he is
assaulted by reason of the past
performance of official duties
d. the offender knows that the one he
is assaulting is a person in authority
or his agent in the exercise of his
duties
e. there is no public uprising
Qualified Assault
a. when the assault is committed with
a weapon
b. when the offender is a public
officer or employee
c. when the offender lays hands upon
a person in authority
Person in Authority – 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
3. The force employed NEED
NOT be serious when the
offended party is a person in
authority
4. The intimidation or
resistance must be serious
whether the offended party is
an agent only or he is a
person in authority
5. The resist must be grave,
therefore it must be active
resistance
6. Intimidation must produce its
effects immediately
7. To determine whether a
certain public officer is a
person in authority, the
powers and duties vested in
him by law should be
determined
8. The status of person in
authority being a matter of
law, ignorance thereof is no
excuse
9. Functions of the person in
authority or his agent must be
clearly shown in the
information
10. When a person in authority
or their agents descended to
mattes which are private in
nature, an attack made by one
against the other is not direct
assault
11. Even if the agent of a person
in authority agrees to fight, it
still constitutes direct assault
12. If a person in authority or his
agent goes beyond the scope
of the respective powers of
public officers, if they are
fixed, then they are
considered NOT in the
performance of official duties
13. Knowledge of the accused
that the victim is a person in

Indirect assaults
Resistance to person in
authority or his agent
Disobedience to summons issued
by the National Assembly, its
committees or subcommittees, by
the Constitutional Commissions,
its committees, subcommittees or
divisions
Agent of Person in Authority – one who, by
direct provision of law, or by election or by 14.
appointment by competent authority, is
charged with the maintenance of public order
and the protection and security of life and 15.
property, such as a barrio vice-lieutenant,
barrio councilman and barrio policeman, and
any person who comes to the aid of persons in
authority 16.
To be an agent of a person of authority, one
must be charged with:
1. maintenance of public order; and
2. protection and security of life and
property 17.
Distinguish Direct Assault from Ordinary
Assault:
a. Direct assault are crimes against
public order; ordinary assaults are
crimes against persons
b. Direct assaults are triable by the
Court of First Instance
Ordinary assaults 1. A person in authority or his agent is the 1.
victim of any of the forms of direct
assault defined in Article 148
Physical injuries 2. A person comes to the aid of such 2.
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
Acts Punishable: 1.
1. By refusing, without legal excuse, to
obey summons of Congress, its special or
standing committees and subcommittees 2.
or divisions, or by any commission or
committee chairman or member
authorized to summon witnesses
2. By refusing to be sworn or placed under 3.
affirmation while being before such
legislative or constitutional body or
official
3. By refusing to answer any legal inquiry 4.
or to produce any books, papers,
authority or his agent is
essential
Defendant must have the
intention to defy the
authorities
If is not necessary that the
person in authority who was
assaulted was ACTUALLLY
performing official duties
Evidence of motive is
important when the person
attacked or seriously
intimidated is NOT in the
actual performance of his
official duty
Where in the commission of
direct assault, serious or less
serious physical injuries are
also inflicted, the offender is
guilty of the complex crime
of direct assault with serious
or less serious physical
injuries the crime of slight
physical injuries is absorbed
in direct assault
Indirect assault can be
committed only when a direct
assault is also committed
The offended party in
indirect assault may be a
private person
Article 150 applies only to
disobedience WITHOUT
legal excuse
Any of the acts punished by
Article 150 may also
constitute contempt of
Congress
The court may take any
action not amounting to a
release of a prisoner of
Congress
The power of inquiry, with
process to enforce it, is an

Resistance and disobedience to a
person in authority or the agents
of such person
documents, or records in his possession,
when required by them to do so in the
exercise of their functions
4. By restraining another from attending as
a witness in such legislative or
constitutional body
5. By inducing disobedience to a summons
or refusal to be sworn by any such body
or official
Ordinary assaults Resistance and Serious Disobedience
Physical injuries (Par.1):
Indirect Assault 1. A person in authority or his agent is
engaged in the performance of official
duty or gives a lawful order to the
offender
2. The offender resists or seriously disobeys
such person in authority or his agent
3. The act of the offender is not included in
the provisions of Articles 148, 149, and
150
Simple Disobedience (Par. 2):
1. An agent of a person in authority is
engaged in the performance of official
duty or gives a lawful order to the
offender
2. The offender disobeys such agent of a
person in authority
3. Such disobedience is not of a serious
nature
Direct Assault Distinguished from
Resistance or Serious Disobedience:
1. In direct assault, the person in authority
or his agent must be engaged in
performance of official duties or that he
is assaulted by reason thereof, but in
resistance, the person in authority or his
agent must be in actual performance of
his duties
2. Direct assault (2nd form) is committed in
4 ways; Resistance is committed only by
resisting or seriously disobeying
3. In both, there is force employed, but the
force in resistance is not so serious, as
there is no manifest intention to defy the
law; in direct assault it must be serious
essential and appropriate
auxiliary to the legislative
functions
Paragraph 1:
1. The juridical conception of
the crime of resistance and
disobedience to a person in
authority or his agents
consists in a failure to
comply with orders directly
issued by the authorities in
the exercise of their official
duties
2. The person in authority must
be in the actual performance
of his official duties
3. The disobedience
contemplated consists in the
failure or refusal to obey a
direct order from the
authority or his agent
4. The accused must have
knowledge that the person
arresting him is a peace
officer
5. There is justified resistance
when the accused had no
right to make the search
Paragraph 2:
1. The order must be lawful
2. If the disobedience to an
agent of a person in
authority is of a serious
nature, the offender should
be punished under par. 1 of
Article 151
3. When the attack or
employment of force is not
deliberate, the crime is only

Person in authority and agents of
Person in authority – Who shall be
deemed such
Public Tumults and other disturbances of
Disorders public order - Tumultuous
disturbance or interruption liable
to cause disturbance
Unlawful use of means of
publication and unlawful
utterances
and deliberate; resistance or disobedience
4. When the one resisted is a person in
authority, the use of any kind or degree
of force will give rise to direct assault; if
no force is employed by the offender in
resisting or disobeying, the crime
committed is resistance
18.
Peaceful meetings Tumults and Other Disturbances of Public 1. Serious disturbance must be
Religious worship Order: planned or intended
Religious feelings 1. Causing any serious disturbance in a 2. If the act of disturbing or
Alarms and scandals public place, office or establishment interrupting a meeting or
2. Interrupting or disturbing performances, religious ceremony is not
functions or gatherings, or peaceful committed by public officers,
meetings, if the act is not included in or if committed by public
Articles 131 and 132 officers they are participants
3. Making any outcry tending to incite therein, Article 153 should be
rebellion or sedition in any meeting, applied
association or public place 3. Inciting to Sedition or
4. Displaying placards or emblems which Rebellion distinguished from
provoke a disturbance of public order in Public Disorder – It is
such place necessary that offender
5. Burying with pomp the body of a person should have done the act with
who has been legally executed the idea aforethought of
inducing his hearers or
Outcry – to shout subversive or provocative readers to commit the crime
words tending to stir up the people to obtain of rebellion or sedition; if the
by means of force or violence any of the outcry is more or less
objects of rebellion or sedition unconscious outburst, which,
although rebellious or
Circumstances Qualifying the Disturbance seditious in nature, is not
or Interruption intentionally calculated to
- if tumultuous in character induce others to commit
rebellion or sedition, it is
Tumultuous – the disturbance or interruption only public disorder
shall be deem as such if caused by more than 4. One who fired a submachine
three persons who are armed or provided with gun to cause disturbance, but
means of violence inflicted serious physical
injuries on another, may be
prosecuted for 2 crimes
Inciting to Sedition Acts Punished as Unlawful Use of Means of 1. It is not necessary that the
Publication and Unlawful Utterances: publication of the false news
1. Publishing or causing to be published, by actually cased public disorder
 means of printing, lithography or any
other means of publication, as news any
false news which may endanger the
public order, or cause damage to the
interest or credit of the State
2. By encouraging disobedience to the law r
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. By maliciously publishing or causing to
be published any official resolution or
document without proper authority, or
before they have been published
officially
4. By 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
Alarms and scandals No, it is the Peaceful meetings Acts Punished as Alarms and Scandals:
result, not Religious worship 1. Discharging any firearm, rocket,
the intent, Religious feelings firecracker, or other explosive within any
that counts. Tumults and public town or public place, calculated to cause
The act disorder (which produces) alarm or danger
must 2. Instigating or taking an active part in any
product charivari or other disorderly meeting
alarm or offensive to another or prejudicial to
danger as a public tranquility
consequenc 3. Disturbing the public peace while
e wandering about at night or while
engaged in any other nocturnal
amusements
Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided Article 153 is not
applicable
or caused damage to the
interest or credit of the State;
the mere possibility of
causing such danger or
damage is sufficient
2. The offender must know that
the news is false
3. If there is no possibility of
danger to the public order or
of causing damage to the
interest or credit of the state
by the publication of the false
news
1. It is the result, not the intent
that counts. The act must
produce alarm or danger as a
consequence
2. The discharge of the firearm
should not be aimed at a
person, otherwise, the
offense would fall under
Article 254
3. Article 155 does not make
any distinction as to the
particular place in the town
or public place where the
discharge of firearm, rocket,
etc. is effected
4. The discharge of firecrackers
or rockets during fiestas or
festive occasion are not
covered by this Article
5. Disturbance of serious nature
falls under Article 153
6. Charivari – medley of
discordant voices, a mock
serenade of discordant noises
made on kettles, tins, horns,

Delivering prisoners from jail Evasion of Service of 1. There is a person confined in a jail or
Sentence penal establishment
2. The offender removes therefrom such
person, or helps the escape of such
person by means of force, intimidation or
bribery
Qualifying Circumstance
- What constitutes the qualifying
circumstance is the offender’s act
of employing bribery as a “means”
of removing or delivering the
prisoner from jail, and not the
offender’s act of receiving or
agreeing to receive a bribe as a
consideration from committing the
offense
Lower Penalties
- if other means are used
- if the escape of the prisoner shall
take place outside of said
establishments by taking the guards
by surprise
Evasion of Evasion of Service of Sentence Delivering prisoners 1. Offender is a convict by final judgment
Service of from jail 2. He is serving his sentence which consists
Sentence Violation of in deprivation of liberty
conditional pardon 3. He evades the service of the sentence by
escaping during the term of his sentence
Qualifying Circumstances:
etc. designed to annoy and
incite
1. Person may be under
detention only or by final
judgment
2. Hospital or asylum
considered as an extension of
jail or prison
3. Offender is usually an
outsider
4. The guard of the jail, who is
off duty, may be held liable
for delivering prisoner from
jail
5. Violence, intimidation or
bribery is not necessary
6. The bribery is not the
offender’s act of receiving a
bribe, but the offender’s act
of employing bribery
7. Employment of deceit is not
an element of the offense
8. If the crime committed by the
prisoner for which he is
confined or serving sentence
is treason, murder or
parricide, the act of taking
the place of the prisoner in
the prison is that of an
accessory and he may be held
liable as such, because he
assists in the escape of the
principal
9. Prisoner is criminally liable
for leaving the penal
institution only when there is
evasion of a sentence
1. The sentence must be “by
reason of final judgment”
2. This article is not applicable
to sentence executed by
deportation
3. Escape – flee from, to avoid,
to get out of the way, as to

Evasion of service of sentence on
the occasion of disorders
conflagrations, earthquakes, or
other calamities
Violation of Conditional Pardon
1. by means of unlawful entry (by scaling);
2. by breaking doors, windows, gates,
walls, roofs or floors;
3. by using picklocks, false keys, disguise,
deceit, violence, or intimidation; or thru
connivance with other convicts or
employees of penal institution
1. The offender is a convict by final
judgment, who is confined in a penal
institution
2. There is a disorder, resulting from:
conflagration, earthquake, explosion,
similar catastrophe, or mutiny in which
he has not participated
3. The offender evades the service of his
sentence by leaving the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny
4. The offender fails to give himself up to
the authorities within 48 hours following
the issuance of a proclamation by the
chief executive announcing the passing
away of such calamity
Mutiny – organized unlawful resistance to a
superior officer; a sedition or revolt; does not
include a riot or if prisoners disarmed the
guards and escaped since they are not their
superior officers
Evasion of service of 1. Offender was a convict
sentence 2. He was granted a conditional pardon by
the Chief Executive
3. He violated any of the conditions of such
pardon
Conditional Pardon – a contract between the
Chief Executive, who grants the pardon, and
the convict, who accepts it
flee to avoid arrest
4. Article 157 is applicable to
sentence of destierro, since it
consists in a deprivation of
liberty
5. Unlawful entry – scaling or
climbing the wall
1. Offender must be a convict
by final judgment
2. The convict must leave the
penal institution
3. What is punished is not the
leaving of the penal
institution, but the failure of
the convict to give himself up
to the authorities within 48
hours after the proclamation
announcing the passing away
of the calamity
4. If offender fails to give
himself up, he gets an
increased penalty of 1/5 of
his remaining sentence
5. If offender gives himself up
he is entitle to a deduction of
1/5th of his total sentence
1. The court cannot require the
convict to serve the
unexpired portion of his
original sentence if it does
not exceed 6 years
2. Violation of conditional
pardon is not a substantive
offense, because the penalty
for such violation is the
unexpired portion of the
punishment in the original
sentence
3. Condition extends to special
laws
4. Offender must be found
guilty of subsequent offense
before he can be prosecuted
 under Article 159
5. Offender can be arrested and
re-incarcerated without trial
6. The period when convict was
at liberty, not deducted in
case he is recommitted
Duration of the conditions
subsequent is limited to the
remaining period of the
sentence

PC in minimum period – if penalty

remitted does not exceed 6 years

Unexpired Portion of Original

Sentence – if penalty remitted is
higher than 6 years

Commission of Commission of another crime Recidivisim Quasi-Recidivism 1. The court cannot require the
another crime during service of penalty imposed Habitual criminal 1. The offender was already convicted by convict to serve the
during service for another previous offense / Reiteracion final judgment of one offense unexpired portion of his
of penalty Quasi-Recidivism 2. He committed a new felony before original sentence if it does
imposed for beginning to serve such sentence or not exceed 6 years
another while serving the same 2. Violation of conditional
previous pardon is not a substantive
offense Quasi-Recidivism Distinguished from offense, because the penalty
Reiteracion – reiteracion requires that the for such violation is the
offender against who it is considered shall unexpired portion of the
have served out his sentences for the prior punishment in the original
offenses sentence
3. Condition extends to special
laws
4. Offender must be found
guilty of subsequent offense
before he can be prosecuted
under Article 159
5. Offender can be arrested and
re-incarcerated without trial
6. The period when convict was
at liberty, not deducted in
case he is recommitted
7. Duration of the conditions
subsequent is limited to the
remaining period of the
sentence
8. Besides the provisions of
 Rule 5 Article 62, Maximum
of penalty prescribed by law
for the new felony
Crimes Forgeries Forging the seal Counterfeiting Falsification by public Acts Punished: 1. The offense is not
Against of the the great seal officer 1. Forging the Great Seal of the falsification of public
Public Government of of the Falsification by private Government of the Philippines document
Interest the Philippine Government of individual 2. Forging the signature of the president 2. The President has custody
Islands, the the Philippine 3. Forging the stamp of the president and use of the Great Seal
signature or Islands, 3. The signature of the
stamp of the forging the President must be forged
Chief Executive signature or
stamp of the
Chief
Executive

Using forged 1. That the Great Seal of the Republic was The offender under this article
signature or counterfeited or the signature or stamp of should not be the forger
counterfeit the Chief Executive was forged by
seal or stamp another person
2. The offender knew of the counterfeiting
or forgery
3. He used the counterfeit seal or forged
signature or stamp
Counterfeiting Making and Selling of false and 1. There be false or counterfeited coins 1. A coin is false or
coins importing and mutilated coins, 2. The offender either made, imported or counterfeited if it is forged or
uttering false without connivance uttered such coins if it is not authorized by the
coins 3. That in case of uttering such false or government as legal tender,
counterfeited coins, he connived with the regardless of its intrinsic
counterfeiters or importers value
2. Former coins withdrawn
Coin – is a piece of metal stamped with from circulation may be
certain marks and made current at a certain counterfeited under Article
 value 163
3. Kinds of coins the
Counterfeiting – means the imitation of a Counterfeiting of which is
legal or genuine coin; there must be an Punished:
imitation of the peculiar design of a genuine a. Silver coin of the
coin Philippines or coin of
the Central Bank of the
Import – means to bring them into port Philippines of 10 peso
denomination or above
Utter – means to pass counterfeited coins; b. Coin of minor coinage
includes their delivery or act of giving them of the Philippines or of
away the Central Bank of the
Philippines below 10
peso denomination
c. Coin of the currency of
a foreign country
Mutilation of Selling of false and Acts Punished: 1. Mutilation – means to take
coins – mutilated coins, 1. Mutilating coins of the legal currency, off part of the metal either by
importation without connivance with further requirement that there be filing it or substituting it for
and utterance intent to damage or to defraud another another metal of inferior
of mutilated 2. Importing or uttering such mutilated quality; to diminish by
coins coins, with the further requirement that ingenuous means the metal in
there must be connivance with the the coin
mutilator or importer in case of uttering 2. The coin must be of legal
tender in mutilation
3. Coins of foreign country not
included
Selling of false Mutilation of coins 1. Possession of coin, counterfeited or 1. Possession of or uttering
or mutilated Making and importing mutilated by another person, with intent false coin does not require
coin, without and uttering of false to utter the same, knowing that it is false that the counterfeited coin is
connivance coins or mutilated legal tender
a. Possession 2. Constructive possession
b. With intent to utter included
c. Knowledge 3. Possession of counterfeiter or
2. Actually uttering such false or mutilated importer not punished as
coins, knowing the same to be false and separate offense
mutilated 4. Accused must have
a. Actually uttering knowledge of the fact that the
b. Knowledge coin is false
5. Punishable even if the
offender was not in
connivance with counterfeiter
or mutilator
 Forging Falsification by public Acts Punishable: 1. Uttering forged bill must be
Forging treasury or officer 1. Forging or falsification of treasury or with connivance to constitute
treasury or bank notes or Falsification by private bank notes or certificates or other a violation of Article 166
bank notes, other individuals documents payable to bearer 2. Notes and other obligations
obligations and documents Counterfeiting, 2. Importation of such false or forged and securities that may be
securities; payable to importing, and uttering obligations or notes forged or falsified under
importing and bearer; instruments not 3. Uttering of such false or forged Article 166:
uttering false or importing and payable to bearer obligations or notes in connivance with a. Treasury or bank notes,
forged notes, uttering such the forgers or importers b. Certificates
obligations and false or forged c. Other obligations and
securities notes and Forging – committed by giving to a treasury securities, payable to
documents or bank note or any instrument payable to bearer
bearer or to order the appearance of a true and 3. A bank note, certificate or
genuine document; to forge an instrument is to obligation and security is
make false instrument intended to be passed payable to bearer when it can
for the genuine one be negotiated by mere
delivery
Falsification – committed by erasing, 4. Penalties depend upon the
substituting, counterfeiting, or altering by any kind of forged treasure or
means, the figures, letters, words, or signs bank notes or other
contained therein documents
5. Forgery is Committed:
Importation – means to bring them into the (Article 169)
Philippines, which presupposes that the a. By giving to a treasury
obligations or notes are forged or falsified in a or bank note or any
foreign country instrument payable to
bearer or to order
Uttering – means offering obligations or notes mentioned therein, the
knowing them to be false or forged, whether appearance of a true
such offer is accepted or not, with a and genuine document
representation, by words or actions, that they b. By erasing,
are genuine and with an intent to defraud substituting,
counterfeiting, or
Obligation or Security – all bonds, altering by any means
certificates of indebtedness, national bank the figures, letters,
notes, coupons, treasury notes, fractional words, or sign
notes, certificates of deposits, bills, checks, contained therein
drafts for money, and other representatives of 6. RT in minimum and fine not to
value under any act of Congress exceed P10,000 – obligation or
security issued by Gov’t
Philippines
P Mayor in maximum period and a
fine not to exceed P5,000 –
circulating note issued by any
banking association duly
authorized by law
 P Mayor in medium and a fine not
to exceed P5,000 – document
issued by foreign gov’t
P Mayor in minimum and a fine
not to exceed P2,000 – circulating
note or bill issued by foreign bank
duly authorized therefore

Counterfeiting, Falsification of public 1. There be an instrument payable to order 1. Application of this article is
importing, and officer or other document of credit not payable limited to instruments
uttering Falsification of private to bearer payable to order
instruments officer 2. The offender either forged, imported or 2. It includes such instruments
not payable to Forging treasury or uttered such instrument or document of credit issued
bearer bank notes or other 3. In case of uttering, he connived with the by a foreign government or
documents payable to forger or importer bank
bearer; importing and 3. Connivance is not required in
uttering such false or uttering if the utterer is the
forged notes and forger
documents
Illegal Forging treasury or 1. That any treasury or bank not or 1. Intent to posses is
possession and bank notes or other certificate or other obligation and not intent to use
use of false documents payable to security payable to bearer, or any 2. Possession of
 treasury or bearer; importing and instrument payable to order or other false treasury or
bank notes and uttering such false or document of credit not payable to bearer bank notes alone
other forged notes and is forged or falsified by another person is not a criminal
instruments of documents 2. The offender knows that any of those offense
credit Counterfeiting, instruments is forged or falsified 3. Accused must
importing, and uttering 3. He performs any of these acts: have knowledge
instruments not a. using any of such forged or of forged
payable to bearer falsified instruments character of the
b. possessing with intent to use any of note
such forged or falsified instruments 4. A person in
possession of
falsified
document and
who makes use of
the same is
presumed to be
material author of
falsification
5. It is not an
impossible crime
when the act
performed would
have been a crime
of illegal
possession of
false treasury
notes
How forgery is 1. 1. By giving to a treasury or bank note or any 1. Forgery includes
committed instrument payable to bearer or to order falsification and
mentioned therein, the appearance of a true counterfeiting
and genuine document
2. 2. By erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
words, or sign contained therein
3.
Falsification of Falsification of 1. That there be a bill, resolution or 1. Bill, resolution or ordinance
legislative, legislative ordinance enacted or approved or must be genuine
public, documents pending approval by either House of the 2. Offender is any person
commercial, Legislature or any provincial board or 3. The act of falsification in
and private municipal council legislative document is
documents, and 2. The offender alters the same limited to altering it which
wireless, 3. He has no proper authority therefore changes its meaning
telegraph, and 4. The alteration has changed the meaning
telephone of the document
messages Falsification Intent to Falsification by private 1. Offender is a public officer, employee or 1. In falsification by making
by public gain or individual notary public alteration or intercalation or
 officer, prejudice 2. He takes advantage of his official including in a copy a
employee or not position different statement, there
notary or necessary a. He has duty to make or to prepare must be a genuine document
ecclesiastical or otherwise intervene in the that is falsified; in other
minister preparation of the document; or paragraphs, falsification may
b. He has the official custody of the be committed by simulating
document which he falsifies or fabricating a document
3. That he falsifies a document by 2. Paragraph 1
committing any of the following acts: a. Counterfeiting –
a. counterfeiting or imitating imitating any
(feigning) any handwriting, handwriting, signature
signature or rubric or rubric
i. that there be an intent to b. Feigning – simulating a
imitate, or an attempt to signature, handwriting
imitate or rubric out of one
ii. that the 2 signatures or which does not in fact
handwritings, the genuine and exist
the forged, bear some 3. Paragraph 2 – when
resemblance to each other committed by a private
b. causing it to appear that persons individual, Article 172
have participated in any act or should apply
proceeding when they did not in 4. Paragraph 4
fact so participate a. There must be a
i. the offender caused it to narration of facts, not of
appear in a document that a conclusion of law
person(s) participated in an b. Legal Obligation –
act or proceeding there is a law requiring
ii. That such person(s) did not in the disclosure of the
fact so participate in the act or truth of the facts
proceeding narrated
c. Attributing to person who have c. Person making the
participated in an act or proceeding narration of facts must
statements other than those in fact be aware of the falsity
made by them of the facts narrated by
i. that a person(s) participated him
in an act or proceeding d. Perversion of truth must
ii. that such person(s) made be made with the
statements in that act or wrongful intent of
proceeding injuring 3rd person
iii. that the offender, in making e. Wrongful intent not
the document, attributed to essential when the
such person(s) statements document falsified is a
other than those in fact made public document
by such person(s) f. Good faith is a defense
d. Making untruthful statements in a g. Falsification by
narration of facts omission is punishable
 i. that the offender makes in a 5. Paragraph 5 – Date must be
document statements in a essential
narration of facts 6. Paragraph 7
ii. that he has a legal obligation a. liability of private
to disclose the truth of the individual when there is
facts narrated by him conspiracy – same as
iii. that the facts narrated by the public officer
offender are absolutely false b. Intent to gain or
e. Altering true dates prejudice not necessary
f. Making any alteration or a. be made with the
intercalation in a genuine document wrongful intent of
which changes its meaning injuring 3rd person
i. that there be an alteration b. Wrongful intent not
(change) or intercalation essential when the
(insertion) on a document document falsified is a
ii. that it was made a genuine public document
document c. Good faith is a defense
iii. that the alteration or d. Falsification by
intercalation has changed the omission is punishable
meaning of the document 7. Paragraph 5 – Date must be
iv. that the change made the essential
document speak something 8. Paragraph 7
false c. liability of private
g. Issuing in authenticated form a individual when there i
document purporting to be a copy be made with the
of any original document when no wrongful intent of
such original exists, or including in injuring 3rd person
such copy a statement contrary to, a. Wrongful intent not
or different from that of the essential when the
genuine original document falsified is a
h. Intercalating any instrument or note public document
relative to the issuance thereof in a b. Good faith is a defense
protocol, registry or official book. c. Falsification by
omission is punishable
4. In case the offender is an ecclesiastical d. Intent to gain or
minister, the act of falsification is committed prejudice not necessary
with respect to any record or document of such
character that its falsification may affect the
civil status of persons
Falsification In Falsification by public Acts Punished and Their Requisites:
by private falsification officer
individuals of public, Forging treasury or 1. Falsification of public, official or
and use of official, or bank notes or other commercial document by a private
falsified commercial documents payable to individual
documents document bearer; importing and a. that the offender is a private
by a private uttering such false or individual or a public officer or
individual, forged notes and employee who did not take
damage or documents advantage of his official position
intent to Counterfeiting, b. that he committed any of the acts of
cause importing, and uttering falsification enumerated in Article
damage is instruments not 171
not payable to bearer c. that the falsification was committed
necessary in a public or official or
commercial document
Damage, or
intent to 2. Falsification of private document by any
cause person
damage, is a. that the offender committed any of
not an the acts of falsification, except
element in those in paragraph 7, enumerated in
use of Article 171
falsified b. that the falsification was committed
documents in any private document
in a judicial c. that the falsification caused damage
proceeding to a third party or at least the
falsification was committed with
Element of intent to cause such damage
intent to
cause 3. Use of falsified document
damage to Introducing in Judicial Proceeding:
another is a a. that the offender knew that a
requisite document was falsified by another
only when person
the falsified b. that the false document is embraces
document is in Article 171 or in any subdivision
introduced no 1 or 2 or Article 172
in evidence c. that he introduced said document in
in a evidence in any judicial proceeding
procceding
other than Use in Any Other Transaction:
judicial a. that the offender knew that a
document was falsified by another
person
b. that the false document is embraced
in Article 171 or in any of
subdivision no. 1 or 2 of Article
172
c. that he used such document (not in
judicial proceedings)
d. that the use of the false documents
caused damage to another or at
least it was used with intent to
 cause such damage

Falsification of Acts Punishable PC in medium and maximum –

wireless, 1. Uttering fictitious wireless, telegraph or falsification
cable, telephone message Penalty next lower in degree – use
telegraph, and a. That the offender is an officer or of such falsified dispatch
telephone employee of the government or of a
messages, and private corporation, engaged in the 1. Private individual cannot be a
use of said service of sending or receiving principal by direct
falsified wireless, cable or telephone participation in falsification
messages message of telegraphic dispatches
b. That the offender commits any of 2. Private individual may be
the following acts: held liable as principal by
i. uttering fictitious wireless, inducement in falsification of
cable, telegraph or telephone telegraph dispatches or
message telephone messages
ii. falsifying wireless, cable,
telegraph or telephone message
2. Falsifying wireless, telegraph or
telephone message
* same as above
3. Using such falsified message
a. that the accused knew that wireless,
cable, telegraph, or telephone
message was falsified by any of the
person specified in the 1st
paragraph of Article 173
b. that the accused used such falsified
dispatch
that the use of the falsified dispatch resulted in
the prejudice of a 3rd party, or that the use
thereof was with intent to cause such prejudice
Falsification of False medical Falsification by public Persons Liable: A. Mayor in Maximum to PC in
medical certificates, officer 1. Physician or Surgeon – must refer to minimum and a fine not to exceed
certificates, false Falsification by private illness or injury of a person; called P1,000
certificates of certificates of individual “False Medical Certificate by a
merit or merit or Physician” A. Mayor
service, and the service, etc 2. Public Officer – includes merit,, service, 1. Certificate – any writing by
like. good conduct or similar circumstances; which testimony is given that
called “False Certificate of Merit or a fact has or has not taken
Service by a Public Officer” place
3. Private Individual – “ False Medical 2. Falsification of certificate of
Certificate by a Private Individual” or large cattle is now covered
“False Certificate of Merit or Service by by Article 171 or 172 and not
a Private Individual” 174
 False medical 1. That the physician or surgeon had issued
certificates, a false medical certificate, or a public
false officer had issued a false certificate of
certificates of merit or service, good conduce or similar
merit or circumstance, or a private person had
service, etc falsified any of said certificates
2. that the offender knew that the certificate
was false
3. that he used the same
Manufacturing, Manufacturing Acts Punished: PC in medium and maximum and a
importing, and and possession 1. Making or introducing in to the fine not to exceed P10,000
possession of of instruments Philippines any stamps, dies, marks or
instruments or or implements other instruments or implements for
implements for counterfeiting or falsification
intended for the falsification 2. Possessing with intent to use the
commission of instruments or implements for Penalty next lower in degree
falsification counterfeiting or falsification made in or
introduced into the Philippines by
another person

1. Implements confiscated need

not form a complete set
2. Also punished constructive
possession

Other falsities Usurpation of Usurpation of Two Ways of Committing the Crime: 1. There must be positive,
authority, rank, authority or 1. By knowingly and falsely representing express and explicit
title and official oneself to be an officer, agent or representation
improper use of functions representative of any department or 2. The offender should have
names, agency of the Philippine Government or represented himself to be an
uniforms and any foreign government officer, agent or
insignia - In usurpation of authority, the mere representative of any
act of knowingly and falsely department or agency of the
representing oneself to be an officer, government; or should have
etc. is sufficient; it is not necessary performed an act pertaining
that he performs an act pertaining to to a person in authority or
a public officer public officer
2. By performing any act pertaining to any 3. False representation may be
person in authority or public officer of shown by acts
the Philippine Government or of a 4. Article 177 may be violated
foreign government or any agency by a public officer
thereof, under pretense of official 5. Article 177 does not apply to
position, and without being lawfully occupant under color of title
entitled to do so 6. Article 177 punishes
- In usurpation of official functions, it usurpation of authority or
is essential that the offender should have official functions of any
 performed an act pertaining to a person
in authority or public officer, in addition
to other requirements
officer of any foreign
government
7. The act performed, without
the offender being lawfully
entitled to do so, must pertain
to the government, or to any
person in authority, or to any
public officer

Using Evasion of the service Using Fictitious Name: 1. If the purpose is for causing
fictitious name of sentence 1. The offender uses a name other than his damage, it must be damage to
and concealing real name public interest
true name 2. He uses that fictitious name publicly 2. Signing a fictitious name in
3. The purpose of the offender is to conceal an application for passport is
a crime, to evade the execution of a publicly using such fictitious
judgment, or to cause damage to public name
interest 3. Where a person takes the
Concealing True Name: place of another who has
1. That the offender conceals his true name been convicted by final
and all other circumstances judgment, he is guilty of
2. That the purpose is only to conceal his using a fictitious name
identity punishable under this Article
4. Fictitious Name – any other
Distinction Between Use of Fictitious Name name which a person
and Concealing True Name: publicly applies to himself
1. In use, the element of publicity must be without authority of law
present; in concealing true name, that 5. Com Act No. 142 regulates
element is not necessary the use of aliases
2. The purpose of use of fictitious name is
any of those 3 enumerated; in concealing
true name, it is merely to conceal identity

Illegal use of Usurpation of 1. That the offender makes use of insignia, 1. Wearing the uniform of an
uniforms and authority or official uniform or dress imaginary office is not
insignia functions 2. That the insignia, uniform or dress punishable
pertains to an office not held by the 2. An exact imitation of a
offender or to a class of persons of which uniform or dress is
he is not a member unnecessary
3. That said insignia, uniform or dress is used
publicly and improperly
False testimony False Falsification by private 1. That there be a criminal proceeding RT if the defendant shall have
testimony individual 2. That the offender testifies falsely under been sentenced to death
against a Falsification by public oath against the defendant therein PM if defendant shall have been
defendant individual 3. That the offender who gives false sentenced to RT or Perpetua
testimony knows that it is false PC if sentenced to other afflictive
4. that the defendant against whom the false penalty
 testimony is given is either acquitted or
convicted in a final judgment
False Testimony – committed by a 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
Nature of Crime of False Testimony –
particularly odious when committed in judicial
proceedings, as it constitutes an imposition
False Nature of the Crime – False testimony
testimony favorable to the defendant is equally repugnant
favorable to to the orderly administration of justice
the defendant
False testimony is punished because of its
tendency to favor or to prejudice the defendant
False 1. That the testimony must be given in a
testimony in civil case
civil 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
A Mayor if defendant shall have
been sentenced to correctional
penalty or a fine, or shall have
been acquitted
1. Penalty for false testimony
against the defendant in a
criminal case depends upon
the sentence imposed on the
person against whom the
false testimony was given
2. Defendant must be sentenced
at least to a correctional
penalty, or a fine, or must be
acquitted
3. Witness who gave false
testimony is liable even if his
testimony was not considered
by the court
4. The law intends to punish the
mere giving of false testimony
A Mayor in max to PC in
minimum and a fine not to exceed
P1,000 – if prosecution is for a
felony punishable by an afflictive
penalty
A Mayor – in any other case
1. False testimony by negative
statement is in favor of
defendant
2. The false testimony favorable
to the defendant need not
benefit the defendant
3. Rectification made
spontaneously after realizing
the mistake is not false
testimony
1. The testimony given in civil
case must be false
2. Article 182 is not applicable
when the false testimony is
given in special proceedings
3. Penalty depends on amount
 by the defendant knowing the same to be of the controversy
false a. PC in minimum and a
5. That the testimony must be malicious and fine not to exceed
given with an intent to affect the issues P6,000 – if amount in
presented in said case controversy shall
exceed P5,000
b.
A Mayor in max to PC
in minimum and fine
not to exceed P1,000 –
if amount in
controversy shall not
exceed said amount or
cannot be estimated
Perjury Falsification by 1. Two ways of Committing Perjury 1. There must be competent
public/private officer a. By falsely testifying under oath; proof of materiality
and 2. Distinguish:
b. By making a false Affidavit a. Material – when it is
2. Elements of Perjury directed to prove a fact
d. That the accused made a statement in issue
under oath or executed an affidavit b. Relevant – when it
upon a material matter tends in any reasonable
e. That the statement or affidavit was degree to establish the
made before a competent officer, probability or
authorized to receive and improbability of a fact
administer oath in issue
f. That in the statement or affidavit, c. Pertinent – when it
the accused made a willful and concerns collateral
deliberate assertion of a falsehood; matters which make
and more or less probable
g. That the sworn statement or the proposition at issue
affidavit containing the falsity is 3. If the false testimony given
required by law by the witness Is not
important, essential or
Oath – any form of attestation by which a material to the principal
person signifies that he is bound in conscience matter under investigation, it
to perform an act faithfully and truthfully cannot properly be held that
perjury is committed
Affidavit – sworn statement in writing; a 4. No perjury if defendant
declaration in writing, made upon oath before subscribed and swore before
an authorized magistrate or officer a clerk in treasurer’s office
since clerk in not a
Material Matter – it is the main fact which is competent person authorized
the subject of the inquiry or any circumstance to administer oaths
which tends to prove that fact, or any fact or 5. The assertion of falsehood
circumstance which tends to corroborate or must be willful and deliberate
 strengthen the testimony relative to the subject 6. Good faith or lack of malice
of inquiry, or which legitimately affects the is a defense in perjury
credit of any witness who testifies 7. Even if there is no law,
requiring the statement to be
Competent Person Authorized to made under oath, as long as it
Administer Oath – a person who has a right is made for a legal purpose, it
to inquire into the questions presented him is sufficient
upon matters under his jurisdiction 8. Two contradictory sworn
statements are not sufficient
to convict of perjury
9. Subornation of Perjury –
committed by a person who
knowingly and willfully
procures another to swear
falsely and the witness
suborned does testify under
circumstances rendering him
guilty
Offering false False testimony in 1. That the offender offered in evidence a 1. Even if there was conspiracy
testimony in favor/ against false witness or false testimony between false witness and
evidence defendant 2. That he knew the witness or the party who presented him, the
False testimony in testimony was false witness having desisted
civil cases 3. That the offer was made in a judicial or before he could testify on any
Perjury official proceeding material matter, he is NOT
Falsification by liable, because desistance
public/private person Offer of Evidence begins the moment a during the attempted stage of
witness is called to the witness stand and execution is an absolutory
interrogated by counsel cause which exempts him
from criminal liability
2. Article 184 applies when the
offender does not induce a
witness to testify falsely
Frauds Machinations, Machinations 1. By soliciting any gift or promise as a
monopolies, in public consideration for refraining from taking
and auctions part in any public auction
combinations a. That there be a public auction
b. That the accused solicited any gift
or 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. By attempting to cause bidders to stay
away from an auction by threats, gifts,
promises or any other artifice
a. That there be a public auction
b. That the accused attempted to
cause the bidders to stay away from
the public auction
c. That is was done by threats, gifts,
promises or any other artifice
3. That the accused had the intent to cause the
reduction of the price of the thing auctioned
1. Crime is consummated by
mere solicitation
2. “Other artifice” includes the
use of trickery
3. An attempt to cause
prospective bidders to stay
away from an auction by
means of threats, gifts, etc,
with the intent that the thing
auctioned should command a
lesser price, is sufficient to
constitute an offense
4. The threat need not be
effective nor the offer or gift
accepted for the crime to
arise
5. Reason for the Provision:
execution sales should be
opened to free and full
competition in order to
secure the maximum benefit
for the debtors
2. 6.
3. 7.
4. 8.
5. 9.
6. 10.
7.
8. 11.
9. 12.
 Monopolies Acts Punished as Monopolies:
and 1. Combination to prevent free competition
combinations in the market
in restraint of - by entering into any contract or
trade agreement or taking part in any
conspiracy or combination in the
form of a trust or otherwise, in
restraint of trade or commerce or to
prevent by artificial means free
competition in the market
2. Monopoly to restrain free competition in
the market
- by monopolizing any merchandise
or object of trade or commerce, or
by combining with any other
person(s) 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. Manufacturer, producer, or processor or
importer combining, conspiring or
agreeing with any person to make
transactions prejudicial to lawful
commerce or to increase the market price
of merchandise
a. Person Liable – manufacturer,
producer, processor, or importer of
any merchandise or object of
commerce
b. Crime Committed by – combining,
conspiring, or agreeing with any
person
c.
Purpose – to make transactions
prejudicial to lawful commerce, or
to increase the market price of any
merchandise or object of commerce
manufactured, produced,
processed, assembled or imported
into the Philippines
1. The theory in penalizing
monopolies and
combinations in restraint of
trade is that competition, not
combination, should be the
law of trade
2. Any property possessed
under any contract or
combination contemplated in
this article, shall be forfeited
to the Government
3. The law intends to punish the
mere conspiracy or
combination at which it is
aimed
4. If the offense affects any
food substance, motor fuel or
lubricants or other article of
prime necessity, it is
sufficient for the imposition
of the higher penalty that the
initial steps have been taken
toward carrying out the
purposes of combination
5. When the offense is
committed by a corporation
or association, the president
and directors or managers are
liable as principals thereof;
But the president and
directors or managers are
only liable if they:
a. knowingly permitted, or
b. failed to prevent the
commission of such
offense
 Frauds in Importation 1. That the offender imports, sells, or
commerce and and disposition disposes of any of those articles or
industry of falsely merchandise
marked 2. The stamps, brands, or marks of those
articles or articles of merchandise fail to indicate
merchandise the actual fineness or quality of said
made of gold, metals or alloys
silver, or other 3.
precious The offender knows that stamps, brands, or
metals or their marks fail to indicate the actual fineness or
alloys quality of the metals or alloys
Substituting Acts Punishable:
and altering 1. By substituting the trade name or
trademarks, trademark of some other manufacturer or
tradenames, or dealer, or a colorable imitation thereof,
service marks for the trade name or trademark of the
real manufacturer or dealer upon any
article of commerce and selling the same
2. By selling or by offering for sale such
articles of commerce, knowing that the
trade name or trademark has been
fraudulently used
3. By using or substituting the service mark
or some other person, or a colorable
imitation of such mark, in the sale or
advertising of his services
4. By printing, lithographing, or
reproducing trade name, trademark, or
service mark of one person, or a
colorable imitation thereof, to enable
another person to fraudulently use the
same, knowing the fraudulent purpose
for which it is to be used
Trade Name – name or designation
identifying or distinguishing an enterprise
Trade Name Distinguished from
Trademark
1. Trade name is used in trade to designate
a particular business of certain
individuals considered as an entity;
trademark is used to indicate the origin
or ownership of the goods to which it is
affixed
2.
1. Articles of merchandise
involved: gold, silver, other
precious metals, or their
alloys.
2. Selling the misbranded
articles is not necessary
3. Article 187 does not apply to
manufacturer of misbranded
articles made of gold, silver,
etc.
1. The trade name, etc. used by
the offender need not be
identical with the infringed
trade name, etc of the
offended party; a colorable
imitation is sufficient
2. There must not be differences
which are glaring and
striking to the eye
3. Mark – any visible sign
capable of distinguishing the
foods (trademark) or service
(service mark) of an
enterprise and shall include a
stamped or marked container
4. The trademark’s function is
to indicate the origin or
ownership of the goods to
which it is fixed
5. The objects of trademark are
to point out distinctly the
origin or ownership of the
article to which it is affixed,
to secure to him, who has
been instrumental in brining
into market a superior article
of merchandise, the fruit of
his industry and skill, and to
prevent fraud and imposition
6. It is not necessary that the
goods of the prior user and
the late user of the trademark
are of the same categories
7. The trade name or trademark
must be registered
 Trade name, unlike trademarks, are not
necessarily attached or affixed to the goods of
the owner
8. Trademark must not be
merely descriptive or generic
9.
The exclusive right to an originally
valid trademark or trade name is
lost, if for some reason it loses its
distinctiveness or has become
“publici juris”

Unfair Acts Punished: 1. Mere offer for sale completes

competition, 1. By selling his goods, giving them the the commission of the crime
fraudulent general appearance of the goods of 2. Evidence of actual fraudulent
registration of another manufacturer or dealer (Unfair intent is not necessary
trade name, Competition) 3. The basis for penalizing
trademark, or 2. By (a) affixing to his goods or using in unfair competition is that no
service mark, connection with his services a false one shall, by imitating or any
fraudulent designation of origin, or any false unfair device, induce the
designation of description or representation, and (b) by public to believe that the
origin, and selling such goods and services goods he offers for sale are
false (Fraudulent designation of origin; False the goods of another, and
description description) thereby appropriate to
3. By procuring fraudulently from the himself the value of the
patent office the registration of trade reputation which the other
name, trademark, or service mark has acquired for the products
(Fraudulent registration) or merchandise manufactured
or sold by him
4. The true test of unfair
competition is whether
certain goods have clothed
with an appearance which is
likely to deceive ordinary
purchaser exercising ordinary
care, and not whether a
certain limited class of
purchaser with special
knowledge not possessed by
the ordinary purchaser could
avoid mistake by the exercise
of this special knowledge
5. Master is liable for acts of
servant
6. Infringement of Trademark
or Tradename distinguished
from Unfair Competition
 a. UC is broader and more
inclusive
b. In UC, the offended
party has identified in
the mind of the public
the goods he
manufactures or deals
in from those of others;
while in infringement,
the offended party has
identified a peculiar
symbol/mark with his
goods and thereby has
acquired a property
right in such
symbol/mark
c. In UC, the offender
gives his goods the
general appearance of
the goods of another
manufacturer / dealer
and sells the same;
while in infringement,
the offender uses the
trademark or tradename
of another manufacturer
or dealer and sells his
goods on which the
trademark is affixed
d.
The use of duly
stamped

or marked containers is
regulated
Crimes
Relative to Dangerous Drugs Act
Opium and
Other
Prohibited
Drugs
Crimes Gambling and PD 1602 – Acts punished: - as long as game is in
against betting Prescribing 1. Any person who directly or indirectly the list, no need to
public Stiffer takes part in any illegal or unauthorized prove that person
morals Penalties on games, played for money
Illegal 2. game fixing, point shaving or other - but if not in the list,
Gambling machinations, and any games, whether proof that person
upon chance or skill, wherein wagers played for money is
consisting of things of value are made need
3. Any person who shall knowingly permit Elements of lottery – scheme for
any form illegal or unauthorized the distribution of prices by chance
gambling in an inhabited or uninhabited for persons who have paid a
place, or in any building, vessel or other valuable consideration for the
means of transportation owned and chance to obtain a prize
controlled by him - games which are dependent
wholly or chiefly upon chance
Elements
1. gambling place carried on in an inhabited 1. consideration
or uninhabited place or in any bldg., 2. chance
vessel or other means of transportation 3. prize, or anything in the
2. owned and contolled by offender nature of prize
3. offender who permits knows that it’s a
gambling game In possession of jueteng list, proof
a. maintainer/ conductor that game took place or is about to
b. maintainer/ conductor/ banker take place is not necessary. But
is gov’t official or proof to the contrary is necessary
c. gov’t official is player, when the jueteng lists pertain to
promoter, referee, umpire, games played on other dates
judge or coach in case of
game fixing, point shaving
and machination
d. possession of lettery list, paper
in the games of jueteng, jai-
alai or horse racing, etc which
have taken place or about to
take place
e. brgy. Official who has
knowledge of gambling
house/ place in his
jurisdiction fails to abate or
take action
f. security officer w/c have
reputation of gambling place
or where gambling activities
are being held
 Importation, sale and possession
of lottery tickets or advertisements Acts Punished:
3. By importing into the Philippines from
any foreign place or port any lottery ticket
or advertisement
4. By selling or distributing the same in
connivance with the importer
5. By possessing, knowingly and with intent
to use, lottery tickets or advertisements
6.
By selling or distributing the same without
connivance with the importer
1. The possession of any lottery
ticket or advertisement is
prima facie evidence of an
intent to sell, distribute or use
of the same
2. If the defendant can establish
that he did not know of the
existence of the lottery ticket,
the presumption is destroyed
3. It is not necessary that the
lottery tickets be genuine, as
it is enough that they be
given the appearance of
lottery tickets
4. If the lottery tickets are
counterfeit, they cannot give
rise to the evil sought to be
eradicated

Penalizing betting, game-fixing or

point-shaving and machinations in
sport contests
Illegal betting on horse races
Acts Punishable: 1. Totalizer – machine for
1. By betting on horse races during the registering and indicating the
periods NOT allowed by law number and nature of bets
2. By maintaining or employing a totalizer made on horse races
or other device or scheme for betting on 2. Horse Races Prohibited on:
races or realizing profit therefrom, a. July 4th of every year
during the periods not allowed by law b. December 30th of every
year
c. Any registration or
voting days
d. Holy Thursday and
Good Friday
3. The race held on the same
day and at the same place is
punishable as separate
offenses
4. There is no liability if there is
no betting or use of totalizer
5. Any race held on same day at
same place punishable as
separate offense
6. If committed by partnership,
corporation, or association,
the president and the
 directors or managers thereof
shall be deemed principals if
they have consented or
knowingly tolerated its
commission
Illegal cockfighting Cockfighting Law Persons Liable: 1. Permitting gambling of any
1. Any person who directly or indirectly kind in cockpit is punished
participates in cockfighting, by betting under the same Decree
money or other valuable things, or who 2. Spectators in a cockfight are
organizes cockfights at which bets are not liable
made, on a day other than those 3. Vs cockfighting law –
permitted by law offenders are added
2.
Any person who directly or indirectly
participates in cockfights, by betting money or
other valuable things, or organizes such
cockfights, at a place other than a licensed
cockpit
Cockfighting law Illegal cockfighting Offenders: 1. vs illegal cockfighting –
1. Bet Taker or Promoter penalty, offenders, etc. are
2. Gaffer added
3. Referee 2. Holding in cockfights
4. Bettor allowed (not more than 3
5. Owner Manager or lessee days)
a. Sundays
b. Legal holidays
c. Local fiestas
d. Fair, carnival or exposition upon
approval of chief of
constabulary
e. Entertainment of foreign
dignitaries or tourist or
balikbayan
f. Charitable purposes authorized
by President
33. Holding of cockfights not
allowed
-- December 30
-- June 12
-- November 30
0- Holy Thursday and Good Friday
 Registration and Election day
34. Spectators are not liable
Offenses Grave scandal Tumults and public 1. That the offender performs an act(s) 1. Decency – propriety of
against disorder 2. That such act(s) be highly scandalous as conduct; proper observance
decency and Unlawful use of means offending against decency or good of the requirements of
good customs
unlawful utterances
Alarms and scandals
Immoral doctrines, obscene
publications and exhibitions, and
indecent shows
of publication and customs modesty, good taste, etc.
3. That the highly scandalous conduct is not 2. Customs – established usage,
expressly falling within any other article social conventions carried on
of this Code by tradition and enforced by
4. That the act or acts complained of be social disapproval of any
committed in a public place or within the violation thereof
public knowledge or view 3. If the act(s) of the offender
Grave Scandal – consists of acts which are are punished under another
offensive to decency and good customs which, article of this code, Article
having been committed publicly, have given 200 is not applicable
rise to public scandal to persons who have 4. The acts must be
accidentally witnessed the same performed in a public place
or within the public
knowledge or view
Publicity is essential
Moral – conformity with the generally
accepted standards of goodness or rightness in
conduct or character
Obscene – something offensive to chastity,
decency, delicacy
Those Liable:
1. Those who shall publicly expound or
proclaim doctrines openly contrary to
public morals
2. Authors of obscene literature, published
with their knowledge in any form, the
editors publishing such literature; and the
owners/operators of the establishment
selling the same
3. Thos who, in theaters, fairs,
cinematographs or in any other place,
exhibit indecent or immoral plays,
scenes, acts, etc. it being understood that
the obscene literature or indecent or
immoral places scenes acts or shows
whether in live or in film, which are
proscribed by virtue hereof shall include
those which
a. glorifly criminals or condone
crimes
b. serve no other purpose but to
satisfy the market for violence,
lust or pornography
c. offend any race, or religion
 d. tend to abet traffic in and use of
prohibited drugs
e. are contrary to law, public order,
morals, good customs, established
policies, lawful orders, decrees
and edicts
4. Those who shall sell, give away, or
exhibit films, prints, engravings,
sculptors, etc. which are offensive to
morals

Special Laws

Human Security Act of 2007

An Act Prohibiting Certain Acts Inimical to Civil Aviation

RA 9372 – suspected of terrorism and conspiracy to commit terrorism, 3 days from arrest, with requirement of surveillance and examination of bank deposits
- judge must be notified before suspected before suspected terrorist is apprehended

Sec. 1 RA 75 – punishes person who falsely assumes a diplomatic, consular, or any other official of a foreign government of the Republic of the Philippines w/ intent to defraud

RA 10 – w. or w.o pretense of official position, performs any act pertaining to the government, or to any person in authority or public officer without authority

IP Code
Acts punished:
1. Infringement
a. validity of plaintiff’s mark
b. plaintiff’s ownership of the mark
c. use of the mark or its colorable imitation by the alleged infringer results in likelihood of confusion
2. Unfair Competition
a. Confusing similarity in the general appearance of the goods
b. Intent to deceive the public and defraud a competitor
3. False designation of origin

Comprehensive Dangerous drugs act

RA 9207 (Illegal numbers games)