Classification Crime Is intent Comparison Elements
material?
Crimes Treason and Treason Subversion? 1. Offender is a Filipino citizen or
Against Espionage Espionage an alien residing in the
National Rebellion/Insurrrection Philippines
Security Coup d’etat 2. There is war in which the
Sedition Philippines is involved
3. Offender either:
a. levies war against the
government
i. that there be an actual
assembling of men,
ii. for the purpose of
executing a treasonable
design by force
b. or adheres to the enemies,
giving them aid or comfort
Treason – branch of allegiance to a
government, committed by a person
who owes allegiance to it
Allegiance – obligation of fidelity and
obedience which the individuals owe
to the government under which they
live or to their sovereign, in return for
the protection they receive; either
permanent or temporary
Adherence to Enemy – intent to
betray; when a citizen intellectually or
emotionally favors the enemy and
harbors sympathies or convictions
disloyal to his country’s policy or
interests]
Aid or Comfort – an act which
strengthens or tends to strengthen the
enemy in the conduct of war against
the traitor’s country and an act which
weakens or tends to weaken the power
of the traitor’s country to resist or to
attack the enemy
Ways of Proving Treason:
1. Testimony of 2 witnesses, at
Notes
1. Treason cannot be committed in time of
peace
2. In treason by levying war, it is not
necessary that there be a formal
declaration of the existence of a state of
war
3. The war must be directed against
government
4. The purpose of levying war is to deliver
the country in whole or in part to the
enemy; must be in collaboration with
foreign enemy
5. The aid or comfort given to the enemies
must be after the declaration of war; the
enemies must be the subject of foreign
power
6. No treason thru negligence
7. When common crimes are charged as
overt acts of treason, they cannot be
regarded as separate crimes or as
complexed by treason.
8. Treason by Filipino citizen may be
committed outside the Philippines
9. Treason is a continuous offense
10. Treason cannot be proved by
circumstantial evidence or extrajudicial
confession of accused
11. Two witness rule is severely restrictive
12. Sufficient that witnesses are uniform in
their testimony on the overt act; it is not
necessary that there be corroboration
between them on the point they testified
13. Adherence may be proved by one
witness, or from the 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

Conspiracy and proposal to
commit treason
Misprision of treason
Espionage
Rebellion/Insurrrection
least, to the same overt act; or
2. Confession of the accused in
open court
1. Conspiracy to Commit Treason The two witness rule does NOT apply to this
2. Proposal to Commit Treason article
1. Offender must be owing 1. Conspiracy is one to commit
allegiance to the government and treason
not a foreigner 2. Article 116 is an exception to the
2. He has knowledge of any rule that mere silence does not
conspiracy to commit treason make a person criminally liable
against the government
3. He conceals or does not disclose
and make known the same as
soon as possible to governor or
fiscal of province or the mayor or
fiscal of the city in which he
resides
Subversion? 1. By entering, without authority 1. Espionage – gathering, transmitting, or
Treason therefore, a warship, fort or naval losing information respecting the
or military establishment or national defense with intent or reason to
Coup d’etat reservation to obtain any believe that the information is to be used
Sedition information, plans, photographs to the injury of the RP or to the
or other data of a confidential advantage of any foreign nation
nature relative to the defense of 2. To be liable under paragraph 1, the
the Philippines offender must have the intention to
a. Offender enters any of the obtain information relative to the defense
places mentioned therein of RP
b. He has no authority 3. It is not necessary that the information is
therefore obtained
c. His purpose is to obtain 4. Espionage distinguished from treason:
info, plans, etc. of a a. Both are crimes not conditioned on
confidential nature relative citizenship
to defense of RP Espionage – may be committed in many
2. By disclosing to the ways, both in time of peace or war;
representative of a foreign nation Treason – 2 ways of committing; and
the contents of the articles, data, only in time of war
or information referred to in Par.
No. 1 which he had in his
possession by reason of the
public office he holds
a. Offender is a public officer
b. He has in his possession the
articles, etc. by reason of
the public office he holds
c. He discloses their contents
to a representative of a
 foreign nation
Provokng war Inciting to War or giving No 1. Offender performs unlawful or 1. The intention of offender is
and disloyalty motives for reprisals unauthorized acts immaterial
in case of war 2. Such acts provoke or give 2. Committed in time of peace
occasion for a war involving or
liable to involve the Philippines
or expose Filipino citizens to
reprisals on their persons or
property
Violation of neutrality 1. There is a war which the 1. Neutrality – a nation or power
Philippines is not involved which takes no part in a contest of
2. There is a regulation issued by arms going on between others is
competent authority for the referred to as neutral
purpose of enforcing neutrality 2. There must be regulation issued by
3. Offender violates such regulation 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 – communicating by
country as Philippines is involved means of letters; or it may refer to the
prohibited 2. Offender makes correspondence letters which pass between those who
by gov’t with an enemy country or have friendly or business relations
territory that is occupied by 2. Even if correspondence contains
enemy troops innocent matters, if such has been
3. The correspondence is either prohibited by the government, it is
a. Prohibited by the punishable
government 3. Prohibition by the government is not
b. Carried in ciphers or essential in paragraphs 1 and 2
conventional signs 4. Qualifying circumstances that must
c. Containing notice or concur together:
information which might be a. The notice or information might be
useful to the enemy useful to the enemy
The offender intended to aid the enemy
Flight to enemy’s country 1. There is a war which the 1. 1. An alien resident may be guilty of
Philippines is involved flight to enemy country
2. Offender must be owing 2. Mere attempt to flee or go to enemy
allegiance to the government country consummates crime
3. Offender attempts to flee or go to 3. Article 121 must be implemented by the
enemy country Government
4. Going to enemy country is
prohibited by competent
authority
Piracy and Piracy in general and mutiny 1. Vessel is on the high seas or in 1. High Seas – any waters on the sea
mutiny on the on the high seas or in Philippine waters coast which are without the
high seas and Philippine waters 2. Offenders are not members of its boundaries of low-water mark,
Philippine complement or passengers of the although such waters may be in the
waters vessel jurisdictional limits of a foreign
3. Offenders either government
 a. attack or seize the vessel
b. seize the whole or part of
the cargo of said vessel, it’s
equipment, or personal
belongings of its
complement or passengers
Piracy – robbery or forcible
depredation on the high seas, without
lawful authority and done with animo
furandi and in the spirit and intention
of universal hostility
Mutiny – unlawful resistance to a
superior officer, or the raising of
commotions and disturbances on board
a ship against the authority of the
commander
Qualified piracy Qualifying Circumstances:
1. Seized vessel by boarding or
firing upon the same; or
2. Pirates have abandoned their
victims without means of saving
themselves; or
3. Crime is accompanied by
murder, homicide, physical
injuries or rape
Crimes Arbitrary Arbitrary detention Delay in delivery 1. Offender is a public officer or
Against the detention or Delay in release employee
Fundamental expulsion Illegal detention 2. He detains a person
Laws of the 3. Detention is without legal
State grounds
Detention – when a person is placed in
confinement or there is a restraint on
his person
Detention is without legal grounds:
1. When he has not committed any
crime or, at least, there is no
reasonable ground for suspicion
that he has committed a crime; or
2. When he is not suffering from
2. Piracy Distinguished From
Robbery in High Seas
a. In piracy offender is an outsider; in
robbery, offender is member of
crew or passenger
b. In both, there is intent to gain and
manner of committing the crime is
the same
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
1. Any person who aids or protects
pirates or abets the commission of piracy
shall be considered as an accomplice
2. R.A. 6235 – An Act Punishing
Certain Acts Inimical to Civil Aviation
1. Legal Grounds for Detention of
Prisoner:
a. the commission of a crime
b. violent insanity or o the ailment
requiring the compulsory
confinement of the patient in a
hospital
2. Arrest without warrant is the usual cause
of arbitrary detention
3. Arrest Without Warrant, When Lawful
(Sec. 5 Rule 113)
- Personal knowledge is required
- 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
 violent insanity or any other
ailment requiring compulsory
confinement in a hospital
Delay in the Delivery of Arbitrary detention 1. Offender is a public officer or
Detained Persons Delay in release employee
2. He has detained a person for
some legal ground
3. He fails to deliver such person to
the proper judicial authorities
within:
a. 12 hours for offenses
punishable by light
penalties or their equivalent
b. 18 hours for offenses
punishable by corrective
penalties or their equivalent
c. 36 hours for offenses
punishable by afflictive or
capital or their equivalent
Proper Judicial Authorities – means
the courts of justice or judges or said
courts vested with judicial power to
order the temporary detention or
confinement of a person charged with
having committed a public offense
Rights of Person Detained:
1. He shall be informed of the cause
of his detention
2. He shall be allowed, upon his
request, to communicate and
confer at anytime with his
attorney or counsel
Circumstances considered in
determining liability of officer
detaining a person beyond legal
period:
1. means of communication
2. hour of arrest
3. other circumstances (time, etc.)
Delaying release Arbitrary detention 1. That offender is a public officer
Delay in delivery or employee
2. There is a judicial or executive
order for the release of a prisoner
crime
There is arbitrary detention thru
imprudence
1. If the offender is a private person,
the crime is illegal detention
2. Detention must be for some legal
ground
3. Article 125 does not apply when
the arrest is by virtue of a warrant
of arrest but must be a lawful arrest
4. Delivery does not consist in a
physical delivery, but in making an
accusation or charge or filing of an
information against person
5. Duty of the detaining officer is
deemed complied with upon the
filing of the complaint with the
judicial authority
6. Provisions of Article 125 may be
waived if person asks for
preliminary examination
7. Violation of Article 125 does not
affect legality of confinement under
process issued by a court
8. The illegality of the detention is not
cured by the filing of the
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
 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 Only the court by a final judgment can
employee order a person to change his residence
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: 1. A public officer or employee is
domicile 1. By entering any dwelling against authorized by judicial order when he is
the will of the owner thereof; or armed with a search warrant duly issued
2. By searching papers or other by the court
effects found therein without the 2. “Against the will of the owner”
previous consent of such owner; presupposes opposition or prohibition by
or said owner, whether express or implied;
3. By refusing to leave the if it is only without the consent of the
premises, after having owner, the crime is not committed
surreptitiously entered said 3. Right of officer to break into building or
dwelling and after having been enclosure (Sec 11 Rule 113, 1985 Rules
required to leave the same on Criminal Procedure)
4. Circumstances Qualifying the Offense:
Elements Common to the Three Acts: a. If the offense is committed at
1. Offender is a public officer or nighttime; or
employee b. If any papers or effects not
2. He is not authorized by judicial constituting evidence of a crime are
order to enter the dwelling and / not returned immediately after the
or to make a search therein for search was made
papers and other effects Papers of other effects must be found in
the dwelling
Search warrants maliciously Acts Punished: 1. Personal Property to be Seized:
obtained, and abuse in the 1. By procuring a search warrant a. Subject of the offense; or
service of those legally without just cause b. Stolen or embezzled and other
 obtained 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
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
interruption, dissolution of peaceful Religious feelings employee
and meetings Tumults and public 2. He performs any of the following
dissolution of disorder acts:
peaceful Alarms and scandals a. Prohibiting or interrupting,
meetings without legal ground, the
holding of a peaceful
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 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
 meeting, or by dissolving 4. The right to peaceably assemble is not
the same absolute and may be regulated
b. Hindering any person from 5. The offender must be a stranger, not a
joining any lawful participant, in the meeting
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
Crimes against Interruption of religious Peaceful meetings 1. Offender is a public officer or 1. Preventing a religious ceremony to take
religious worship Religious feelings employee place punishable under this article
worship Tumults and public 2. Religious ceremonies or 2. Reading a bible and then attacking
disorder manifestations of any religion are certain churches in a public plaza is not a
Alarms and scandals about to take place or are going ceremony of manifestation of religion,
on but only a meeting of a religious sect
3. Offender prevents or disturbs the
same
Qualifying Circumstance:
- if the crime is committed
with violence or threats
Offending the religious Unjust Vexation 1. Acts complained of were 1. It is not necessary that there is a religious
feelings performed: ceremony going on when the offender
a. In a place devoted to performs acts notoriously offensive to
religious worship, or the feelings of the faithful
b. During the celebration of 2. There must be deliberate intent to hurt
any religious ceremony the feelings of the faithful
2. The acts must be notoriously 3. Offense to feelings is judged from
offensive to the feelings of the complainant’s point of view
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 1. 1. Rebellion or of inciting it is a crime of
Against Coup d’etat, Espionage taking arms against the masses, of a multitude
Public Order Sedition, and Treason Government 2. Actual clash of arms with the forces of
Disloyalty Coup d’etat 2. The purpose of the uprising or the government, not necessary to convict
Sedition movement is either: the accused who is in conspiracy with
a. to remove from the others actually taking arms against the
allegiance to said government

Coup d’etat – How committed
Rebellion/Insurrrection
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
Subversion? 1. Offender is a person(s) belonging
Espionage to the military or police or
holding any public office or
Treason employment
Sedition 2. It is committed by means of a
swift attack accompanied by
violence, intimidation, threat,
strategy or stealth
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
1. Coup d’ etat may be committed with or
without civilian participation
2. Those liable for Rebellion, Insurrection
and/or Coup d’ etat (Article 135)
a. Leaders
i. any person who promotes,
maintains, or heads a rebellion
or insurrection

Penalty for rebellion,
insurrection or coup d’etat
Conspiracy and proposal to
commit coup d’etat, rebellion
or insurrection
Disloyalty of public officers or
employees
Inciting to rebellion or
insurrection
3. The attack is directed against
duly constituted authorities of the
Philippines, or any military camp
or installation, communication
networks, public utilities or other
facilities needed for the exercise
and continued possession of
power
4. The purpose of the attack is to
seize or diminish state power
Political Crimes Distinguished from
Common Crimes
- Political crimes are those
directly aimed against the
political order, as well as
such common crimes as
may be committed to
achieve a political purpose
- The decisive factor is the
intent or motive
1. Conspiracy and Proposal to
Commit Coup d’etat
2. Cospiracy and Proposal to
Commit Rebellion or Insurrection
1. Offender is a public officer or 1.
employee
2. Commits any of the following
acts of disloyalty: 2.
a. Failing to resist a rebellion
by all the means in their
power;
b. Continuing to discharge the
duties of their offices under
the control of the rebels;
c. Accepting appointment to
office under them
1. Offender does not take arms or is
not in open hostility against the
government
ii.any person who leads, directs, or
commands others to undertake a
coup d’etat
b. Participants
i. Any person who participates or
executes the commands of others
in rebellion or insurrection
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
1.
1. Merely agreeing and deciding to rise
publicly and take arms against the
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. The crime of disloyalty of public officers
presupposes the existence of rebellion by other
persons
2. The offender under Article 137 must not be
in conspiracy with the rebels
1. Inciting to Rebellion Distinguished from
Proposal
a. in both, the offender induces

Sedition – How committed
Rebellion/Insurrrection
Penalty for sedition
Conspiracy to commit sedition
2. He incites others to the execution
of any of the acts of rebellion
3. The inciting is done by means of
speeches, proclamations,
writings, emblems, banners or
other representations tending to
the same end
Subversion? 1. The offenders rise publicly and
Espionage tumultuously
2. They employ force, intimidation,
Coup d’etat or other means outside of legal
Treason methods
3. The offenders employ any of
those means to attain any of the
following objects:
a. To prevent the
promulgation or execution
of any law or the holding of
any popular election
b. To prevent the National
Gov’t, or any provincial or
municipal gov’t, or any
public officer thereof from
freely exercising its or his
functions, or prevent the
execution of any
administrative order
c. To inflict any act of hate or
revenge upon the person or
property of any public
officer or employee
d. To commit, for any political
or social end, any act of
hate or revenge against
private persons or any
social class; and
e. To despoil, for any political
or social end, any person,
municipality or province, or
the national gov’t of all its
property or any part thereof
a.
another to commit rebellion
b. in proposal, person who proposes
has decided to 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
1. Sedition is the raising of commotions or
disturbances in the state
2. Sedition Distinguished from Rebellion
a. In both, there must be public
uprising
b. In sedition, it is sufficient that
public uprising is tumultuous;
in rebellion, there must be
taking up of arms against the
government
c. In sedition, the purpose of
offenders may be political or
social; in rebellion, it is
always political
3. 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
4. Public uprising and an object of sedition
must concur
Common crimes are not absorbed in sedition
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.
Inciting to Sedition Different Acts Punished: 1. Scurrilous – low, vulgar, mean or foul
1. Inciting to Sedition to 2. Uttering seditious words or speeches and
Accomplish any of its Objects: writing, publishing or circulating
a. Offender does not take scurrilous libels are punishable, when:
direct part in the crime of a. they tend to disturb or obstruct any
sedition lawful officer in executing the
b. He incites others to the functions of his office; or
accomplishment of any of b. they tend to instigate others to
the acts which constitute cabal and meet together for
sedition unlawful purposes; or
c. The inciting is done by c. they suggest or incite rebellious
means of speeches, conspiracies or riots; or
proclamation, writings, d. they lead or tend to stir up the
emblems, cartoons, people against the lawful
banners, or other authorities or to disturb the peace
representations tending to of the community, the safety and
the same end order of the government
2. Uttering seditious words or 3. Knowingly concealing such evil
speeches which tend to disturb practices is treated and punished as that
the public peace of the principal
3. Writing, publishing or circulating 4. Two rules relative to seditious words:
scurrilous libels against the a. Clear and Present Danger Rule
government or any of the duly b. Dangerous Tendency Rule
constituted authorities thereof,
which tend to disturb the public
peace
b. Offender does not take
direct part in the crime of
sedition
c. Commits any of the
following acts of sedition
either 2 or 3
Crimes Crimes Acts tending 5. Sedition is the raising of 1. Chief of police and mayor who prevented
Against against to prevent the commotions or disturbances in the meeting of the municipal council are
Popular legislative meeting of the state liable under Article 143, when the defect
Representation bodies and the Assembly 6. Sedition Distinguished from of the meeting is not manifest and
similar and similar Rebellion requires an investigation before its
bodies bodies d. In both, there must be existence can be determined
public uprising
e. In sedition, it is
sufficient that public
 uprising is
tumultuous; in
rebellion, there must
be taking up of arms
against the
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 a. 3. There must be an agreement and 1. The complaint for disturbance of
of a decision to rise publicly and proceedings may be filed by a member of
proceedings tumultuously to attain any of the a legislative body
objects of sedition 2. One who disturbs the proceedings of the
4. There is no proposal to commit congress my also be punished for
sedition contempt
Violation of Violation of 1. 5. Scurrilous – low, vulgar, mean 1. Parliamentary immunity does not protect
parliamentary parliamentary or foul members of the Congress from
immunity immunity 6. Uttering seditious words or responsibility before the legislative body
speeches and writing, publishing itself
or circulating scurrilous libels are 2. It is sufficient that the offender, in using
punishable, when: force, intimidation, threats, or frauds, has
e. they tend to disturb or the purpose to prevent a member of
obstruct any lawful officer Congress from exercising any of his such
in executing the functions prerogatives
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 1. Persons present at the meeting must be
Assemblies Illegal associations persons for the purpose of armed in the first form of illegal
and Inciting to rebellion committing any of the crimes assembly
Associations Inciting to sedition punishable under the code 2. But not all the persons present at the
a. there is a meeting, a meeting of the 1st form of illegal
gathering or group of assembly must be armed
persons, whether in a fixed 3. The unarmed person merely present at
place or moving the meeting of the 1st form of illegal
b. that the meeting is attended assembly is liable
by armed persons 4. If any person present at the meeting
c. that the purpose of the carries an unlicensed firearm:
meeting is to commit any of a. It is presumed that the purpose of
the crimes punishable under the meeting insofar as he is
the code concerned, is to commit acts
2. Any meeting in which the punishable under the Code; and
audience, whether armed or not, b. He is considered a leader or
is incited to the commission of organizer of the meeting
treason, rebellion or insurrection, 5. Meeting – includes a gathering or group,
sedition, or assault upon a person whether in a fixed place or moving
in authority or his agents
a. there is a meeting, a
gathering or group of
persons, whether in a fixed
place or moving
b. the audience, whether
armed or not, is incited to
the commission of the
crime of treason, rebellion
or insurrection, sedition or
direct assault

Persons liable for illegal Assembly:

1. Organizers or leaders of the
meeting
2. Persons merely present at the
 meeting
Illegal associations Illegal Associations:
1. Associations totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Code
2. Associations totally or partially
organized for some purpose
contrary to public morals
Persons Liable for Illegal
Association:
1. Founders, directors and president
of the association
2. Mere members of the association
Assault Upon, Direct assaults Ordinary assaults Two Forms of Direct Assault and
and Resistance Resistance to person in Their Requisites:
and authority or his agent 1. Without public uprising, by
Disobedience Physical injuries employing force or intimidation,
to, Persons in for the attainment of any of the
Authority and purposes enumerated in defining
Their Agents the crimes of rebellion and
sedition
a. the offender employs force
or intimidation
b. the aim of the offender is to
attain 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
Illegal Association distinguished from Illegal
Assembly
1. In Illegal Association, it is not necessary
that there be an actual meeting; In illegal
Assembly, it is necessary there is an
actual meeting
2. In illegal associations, it is the act of
forming or organizing and membership
in association that are punished; in Illegal
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
1. It does not seem that the offended party
in the first form of direct assault must be
a person in authority or his agent
2. If the offended party is only an agent of a
person in authority, the force employed
must be of SERIOUS character to be
direct assault
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
 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
Agent of Person in Authority – one
who, by direct provision of law, or by
election or by appointment by
competent authority, is charged with
the maintenance of public order and
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 authority or his agent is
essential
14. Defendant must have the intention to
defy the authorities
15. If is not necessary that the person in
authority who was assaulted was
ACTUALLLY performing official duties
16. Evidence of motive is important when
the person attacked or seriously
intimidated is NOT in the actual
performance of his official duty
17. 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 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
the protection and security of life and
property, such as a barrio vice-
lieutenant, barrio councilman and
barrio policeman, and any person who
comes to the aid of persons in authority
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
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 1. Indirect assault can be committed only
is the victim of any of the forms when a direct assault is also committed
of direct assault defined in 2. The offended party in indirect assault
Physical injuries Article 148 may be a private person
2. A person comes to the aid of
such authority or his agent
3. The offender makes use of force
or intimidation upon such person
coming to the aid of the authority
or his agent
Acts Punishable: 1. Article 150 applies only to disobedience
1. By refusing, without legal WITHOUT legal excuse
excuse, to obey summons of 2. Any of the acts punished by Article 150
Congress, its special or standing may also constitute contempt of
committees and subcommittees Congress
or divisions, or by any 3. The court may take any action not
commission or committee amounting to a release of a prisoner of
chairman or member authorized Congress
to summon witnesses 4. The power of inquiry, with process to
2. By refusing to be sworn or placed enforce it, is an essential and appropriate
under affirmation while being auxiliary to the legislative functions
before such legislative or
constitutional body or official
3. By refusing to answer any legal
inquiry or to produce any books,

Resistance and disobedience to
a person in authority or the
agents of such person
papers, 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 Paragraph 1:
Physical injuries (Par.1): 1. The juridical conception of the crime of
Indirect Assault 1. A person in authority or his agent resistance and disobedience to a person
is engaged in the performance of in authority or his agents consists in a
official duty or gives a lawful failure to comply with orders directly
order to the offender issued by the authorities in the exercise
2. The offender resists or seriously of their official duties
disobeys such person in authority 2. The person in authority must be in the
or his agent actual performance of his official duties
3. The act of the offender is not 3. The disobedience contemplated consists
included in the provisions of in the failure or refusal to obey a direct
Articles 148, 149, and 150 order from the authority or his agent
Simple Disobedience (Par. 2): 4. The accused must have knowledge that
1. An agent of a person in authority the person arresting him is a peace
is engaged in the performance of officer
official duty or gives a lawful 5. There is justified resistance when the
order to the offender accused had no right to make the search
2. The offender disobeys such agent
of a person in authority Paragraph 2:
3. Such disobedience is not of a 1. The order must be lawful
serious nature 2. If the disobedience to an agent of a
person in authority is of a serious
Direct Assault Distinguished from nature, the offender should be punished
Resistance or Serious Disobedience: under par. 1 of Article 151
1. In direct assault, the person in 3. When the attack or employment of force
authority or his agent must be is not deliberate, the crime is only
engaged in performance of resistance or disobedience
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

Person in authority and agents
of Person in authority – Who
shall be deemed such
Public Tumults and other
Disorders disturbances of public order -
Tumultuous disturbance or
interruption liable to cause
disturbance
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
and deliberate;
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
Peaceful meetings Tumults and Other Disturbances of
Religious worship Public Order:
Religious feelings 1. Causing any serious disturbance
Alarms and scandals in a public place, office or
establishment
2. Interrupting or disturbing
performances, functions or
gatherings, or peaceful meetings,
if the act is not included in
Articles 131 and 132
3. Making any outcry tending to
incite rebellion or sedition in any
meeting, association or public
place
4. Displaying placards or emblems
which provoke a disturbance of
public order in such place
5. Burying with pomp the body of a
person who has been legally
executed
Outcry – to shout subversive or
provocative words tending to stir up
the people to obtain by means of force
or violence any of the objects of
rebellion or sedition
18.
1. Serious disturbance must be planned or
intended
2. If the act of disturbing or interrupting a
meeting or religious ceremony is not
committed by public officers, or if
committed by public officers they are
participants therein, Article 153 should
be applied
3. Inciting to Sedition or Rebellion
distinguished from Public Disorder – It is
necessary that offender should have done
the act with the idea aforethought of
inducing his hearers or readers to commit
the crime of rebellion or sedition; if the
outcry is more or less unconscious
outburst, which, although rebellious or
seditious in nature, is not intentionally
calculated to induce others to commit
rebellion or sedition, it is only public
disorder
4. One who fired a submachine gun to
cause disturbance, but inflicted serious
physical injuries on another, may be
prosecuted for 2 crimes

Circumstances Qualifying the

Disturbance or Interruption
- if tumultuous in character
 Tumultuous – the disturbance or
interruption shall be deem as such if
caused by more than three persons who
are armed or provided with means of
violence

Unlawful use of means of
publication and unlawful
utterances
Inciting to Sedition Acts Punished as Unlawful Use of 1. It is not necessary that the publication of
Means of Publication and Unlawful the false news actually cased public
Utterances: disorder or caused damage to the interest
1. Publishing or causing to be or credit of the State; the mere possibility
published, by means of printing, of causing such danger or damage is
lithography or any other means sufficient
of publication, as news any false 2. The offender must know that the news is
news which may endanger the false
public order, or cause damage to 3. If there is no possibility of danger to the
the interest or credit of the State public order or of causing damage to the
2. By encouraging disobedience to interest or credit of the state by the
the law r to the constituted publication of the false news
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 1. It is the result, not the intent that counts.
result, not Religious worship Scandals: The act must produce alarm or danger as
the intent, Religious feelings 1. Discharging any firearm, rocket, a consequence
that counts. Tumults and public firecracker, or other explosive 2. The discharge of the firearm should not
The act disorder within any town or public place, be aimed at a person, otherwise, the
must calculated to cause (which offense would fall under Article 254
product produces) alarm or danger 3. Article 155 does not make any
alarm or 2. Instigating or taking an active distinction as to the particular place in
danger as a part in any charivari or other the town or public place where the
 consequence disorderly meeting offensive to
another or prejudicial to public
tranquility
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements
Causing any disturbance or
scandal in public places while
intoxicated or otherwise,
provided Article 153 is not
applicable
Delivering prisoners from jail Evasion of Service of 1. There is a person confined in a
Sentence jail or 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 Delivering prisoners 1. Offender is a convict by
Service of Sentence from jail
Sentence Violation of final judgment
conditional pardon 2. He is serving his
sentence which consists
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, 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

Evasion of service of sentence
on the occasion of disorders
conflagrations, earthquakes, or
other calamities
in deprivation of liberty deportation
3. He evades the service of 3. Escape – flee from, to avoid,
the sentence by escaping to get out of the way, as to flee
during the term of his to avoid arrest
sentence 4. Article 157 is applicable to
sentence of destierro, since it
Qualifying Circumstances: consists in a deprivation of
1. by means of unlawful liberty
entry (by scaling); 5. Unlawful entry – scaling or
2. by breaking doors, climbing the wall
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 1. Offender must be a convict by
by final judgment, who is final judgment
confined in a penal 2. The convict must leave the
institution penal institution
2. There is a disorder, 3. What is punished is not the
resulting from: leaving of the penal institution,
conflagration, but the failure of the convict to
earthquake, explosion, give himself up to the
similar catastrophe, or authorities within 48 hours
mutiny in which he has after the proclamation
not participated announcing the passing away
3. The offender evades the of the calamity
service of his sentence by 4. If offender fails to give himself
leaving the penal up, he gets an increased
institution where he is penalty of 1/5 of his remaining
 confined, on the sentence
occasion of such 5. If offender gives himself up he
disorder or during the is entitle to a deduction of
mutiny 1/5th of his total sentence
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
Violation of Conditional Evasion of service of 1. Offender was a convict
Pardon 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
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
 accepts it 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 Commission of another crime Recidivisim Quasi-Recidivism 1. The court cannot require the
of another during service of penalty Habitual criminal
crime during imposed for another previous Reiteracion 1. The offender was already convict to serve the unexpired
service of offense / Quasi-Recidivism convicted by final portion of his original sentence
penalty judgment of one offense if it does not exceed 6 years
imposed for
another 2. He committed a new 2. Violation of conditional
previous felony before beginning pardon is not a substantive
offense to serve such sentence or offense, because the penalty
while serving the same for such violation is the
unexpired portion of the
Quasi-Recidivism punishment in the original
Distinguished from sentence
Reiteracion – reiteracion 3. Condition extends to special
requires that the offender laws
 against who it is considered 4. Offender must be found guilty
shall have served out his of subsequent offense before
sentences for the prior he can be prosecuted under
offenses 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 Counterfeiting the great seal of Falsification Acts Punished: 1. The offense is not falsification
Against the Government of the
Public Philippine Islands, forging the 1. Forging the Great Seal of of public document
Interest signature or stamp of the Chief the Government of the 2. The President has custody and
Executive Philippines use of the Great Seal
2. Forging the signature of 3. The signature of the President
the president must be forged
3. Forging the stamp of the
president
Special Laws

An Act to Punish Espionage and Other Offenses Against National Security

Human Security Act of 2007

PD 532 (Anti-Piracy Law) – covers any person in contrast w/ Art. 123 w/c only covers persosn who are not passengers or members of its complement

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