TITLE ONE: CRIMES AGAINST NATIONAL SECURITY and THE LAW OF NATIONS
1. FILIPINO or ALIEN RESIDENT
ART 114: TREASON
(war crime)
Cannot be done thru negligence
Complex crime does not apply
Continuous crime
Aggravated by cruelty & ignominy
ART 115: CONSPIRACY /
PROPOSAL TO COMMIT
TREASON
ART 116: MISPRISION OF
TREASON*
Punished as an ACCESSORY to
treason (2 degrees lower)
ART 117: ESPIONAGE
ART 118: INCITINGTO WAR or
GIVING MOTIVES FOR REPRISALS
Intent is immaterial
ART 119: VIOLATION OF
NEUTRALITY
ART 120: CORRESPONDENCE
WITH HOSTILE COUNTRY
ART 121: FLIGHT TO ENEMY
COUNTRY
LEVY WAR: a) actual assemble of men b) to execute treasonable design by force (intent
2. There is WAR in which the Philippines is involved to overthrow government)  necessary to deliver State in whole or in part to enemy
3. LEVIES WAR or ADHERES TO ENEMIES, giving aid/comfort ADHERENCE must concur with GIVING AID OR COMFORT
CONVICTION: based on 2 witnesses testifying to a) SAME OVERT Adherence: a) favors the enemy AND b) harbors their sympathies and convictions
ACT (applies only to aid/comfort) or b) CONFESSION OF AID or COMFORT (overt act): strengthen (or tends to strengthen) enemy in war AND
ACCUSED IN OPEN COURT weakens power of own country
 Filipino can commit it while abroad but not an alien Amount or degree of aid in comfort + gravity of separate acts determines penalty to be
 Uncontrollable Fear of immediate death (duress) as defense imposed (not the aggravating or mitigating circumstances)
 Obedience to de facto Government as a defense Levying war against Gov’t during peacetime is Rebellion (Art 134)
CONSIRACY: a) wartime b) 2 or more come to agree to levy war PROPOSAL: a) wartime b) person decided to levy war or adhere to enemy by giving aid
or adhere to enemy by giving aid or comfort decide to commit it or comfort proposes its execution to some other person or persons
2 witness rule does not apply 2 witness rule does not apply
1. Offender owes allegiance to Government (not a foreigner) Does not apply when crime of treason is already committed
2. Knowledge of conspiracy to commit treason Though punished as an, accessory, offender is still a principal of this crime
3. Conceals / does not disclose / make known to the - Art. 20 does not apply even if offender is related to persons in conspiracy
governor/fiscal of province or mayor/fiscal of city where he Exception to the rule that mere silence does not make one criminally liable.
resides
1. Enters warship, fort, naval/military establishment or Must have INTENT TO OBTAIN INFO RELATIVE TO NATIONAL DEFENSE (not necessary
reservation; without authority; to obtain info, plans, photos that info is actually obtained)
or other confidential data related to national defense Can be committed during wartime or peacetime
2. Public officer; have in possession of info referred to above
due to office held; discloses such to rep of foreign nation
1. Offender performs UNLAWFUL or UNAUTHORIZED acts Committed in peacetime
2. Such acts PROVOKE/GIVE OCCASSION for a war involving Offender can be a PRIVATE individual or PUBLIC OFFICER/EMPLOYEE (higher penalty)
the Phils OR expose Filipino citizens to REPRISALS on their
persons or property
1. There is a war wherein the Phils is not involved NUETRALITY: taking no part in a contest of arms between other nations
2. There’s a regulation issued by competent authority (ie Pres, Violation of the regulation issued by competent authority is what constitutes the crime
DFA, DND) to enforce neutrality ANY PERSON is liable
3. Offender violates said regulation
1. Wartime (Philippines is involved) Correspondence: communication by means of letters
2. Makes correspondence with enemy country/its territories If PROHIBITED BY GOVT, correspondence is punishable regardless of its nature
3. Correspondence is either: a) prohibited by gov’t b) in Prohibition by gov’t not essential in (b) & (c)
ciphers or conventional signs c) notice/info might be useful If NOTICE/INFO was INTENDED TO AID THE ENEMY, crime amounts to treason so the
to the enemy penalty is the same as treason
1. Wartime (Philippines is involved) Applies to ANY PERSON. Hence, an ALIEN RESIDENT may be liable under this
2. Offender owes allegiance to Gov’t Mere attempt consummates the crime
3. Offender ATTEMPTS TO FLEE or GO TO ENEMY COUNTRY
4. Such is prohibited by competent authority
 1. Vessel is on the HIGH SEAS or IN PHILIPPINE WATERS High Seas (Convention on Law of the Sea): not included in exclusive eco zone, territorial
2. Offenders are NOT PASSENGERS or MEMBERS OF ITS seas, internal waters of state, archipelagic waters of a state
COMPLEMENT Vessel: any watercraft used to transport passengers/cargo
ART 122: PIRACY & MUTINY ON
3. Offenders PIRACY: robbery or forcible depredation on the high seas without lawful authority and
HIGH SEAS or PHIL WATERS
a) attack or seize vessel with intent to steal (animo furandi) and in the spirit of universal hostility (committed by
b) seize cargo, equipment, personal belongings of strangers)
passengers or members of its complement - Not a crime against a particular state but AGAINST MANKIND
Qualifies crimes under Art. 122 if ff circumstances are present: - Punishable in tribunals of any country
1. Seized vessel by BOARDING or FIRING UPON it - Under PD 532, ANY PERSON is covered by piracy
ART 123: QUALIFIED PIRACY
2. When pirates (not mutineers) ABANDON their victims MUTINY: unlawful resistance to a superior officer OR raising of
Special Complex Crime (number
WITHOUT MEANS OF SAVING THEMSELVES commotions/disturbances on a vessel against authority of commander OR desire to
of victims is immaterial)
3. Crime is accompanied by MURDER, HOMICIDE, PHYSICAL commit plunder (committed by passengers or members of the complement)
INJURIES, RAPE ACCOMPLICE: anyone who aids/protects pirates OR abets the commission of piracy

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (violation of certain provisions in the Bill of Rights)
Sec 1: ARBITRARY DETENTION & EXPULSION “No person shall be deprived of xxx liberty xxx without due process of law xxx” OFFENDERS ARE PUBLIC OFFICERS/EMPLOYEES ONLY
1. Offender (vested with authority) detains a person (ie popo, Detention: actual confinement of a person in an enclosure or in ANY MANNER depriving
judges, mayors) him of his liberty
2. Detention is WITHOUT LEGAL GROUNDS (eg arrest warrant) LEGAL GROUNDS: a) Commission of crime or b) Suffering from VIOLENT INSANITY or
If done by a private individual NOT IN CONSPIRACY with public AILMENT requiring COMPULSORY CONFINEMENT IN A HOSPITAL
ART 124: ARBITRARY DETENTION
officers/employees = Illegal Detention (Art 268) Warrantless arrests may be lawful if a) in flagrante delicto or after b) escaped prisoner
Can be done thru negligence or
PERIODS OF DETENTION PENALIZED: Arresting a person who just committed an offense must have PROBABLE CAUSE based on
imprudence
a) A. Mayor: not exceeding 3 days PERSONAL KNOWLEDGE of facts/circumstances that person to be arrested is the culprit
b) P. Correccional: more than 3 days but less than 15 days Probable Cause: facts and circumstances which could lead a reasonable and discreet man to
c) P. Mayor: more than 15 days but less than 6 mos believe than an offense has been committed and that the object sought in connection with
d) R. Temporal: more than 6 mos the offense are in the place to be searched or that the person to be arrested is the culprit
1. Offender detains a person for SOME LEGAL GROUND DOES NOT APPLY when arrest by VIRTUE OF AN ARREST WARRANT (can be detained
2. FAILS TO DELIVER detained person to judicial authorities: indefinitely until case is decided by the court or posts bail)
ART 125: DELAY IN DELIVERY OF a) Within 12 hrs: LIGHT PENALTIES/equivalent Deliver does not consist in physical deliver but rather in MAKING AN
DETAINED PERSONS TO PROPER b) Within 18 hrs: CORRECTIONAL PENALTIES/equivalent ACCUSSATION/CHARGE/FILING OF INFORMATION
JUDICIAL AUTHORITIES c) Within 36 hrs: AFFLICTIVE/CAPITAL PENALTIES/equi Judicial Authorities: courts or judges vested with judicial power to order
Punished by penalties in Art 124 RIGHTS OF PERSON DETAINED: detention/confinement of a person (those who can issue warrants)
1. Informed of the cause of detention Public officer/employee liable (a. Mayor) who violates rights of detained
2. Allowed, upon his request, to confer anytime with counsel If private individual, ILLEGAL DETENTION
1. There is a JUDICIAL or EXECUTIVE ORDER for the release of prisoner or detention prisoner or there is a PROCEEDING upon a petition for liberation of such
person
2. Offender, w/o good reason:
a) Delays performance of judicial/executive order
ART 126: DELAYING RELEASE
b) Unduly delays service of notice of such order
Based on durations in Art. 124
c) Unduly delays proceedings upon petition for release (ie. Habeas corpus, posting of bail)
Wardens, jailers and other officers in a penal institution TEMPORARILY IN CHARGE OF THE CUSTODY OF PRISONERS OR DETAINED PERSONS are most likely to
violate this
Executive Order: can be given by the President or by virtue of qualified political agency
1. Offender a) EXPELS any person from the Phils b) COMPELS Only FINAL JUDGMENT by the court can order a person to change his residence in the ff:
ART 127: EXPULSION any person to CHANGE RESIDENCE (a) Ejectment Proceedings (b) Expropriation Proceedings (c) Penalty of Destierro
2. Offender is not authorized by law Violation of the liberty of abode (Art 3 Sec 6 of the Constitution)
Sec 2: VIOLATION OF DOMICILE “Right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures” PUBLIC OFFICER/EMPLOYEE ONLY
1. Offender is NOT AUTHORIZED by a judicial order (warrant)
2. Offender either:
ART 128: VIOLATION OF a) Enters dwelling against the will of owner
DOMICILE b) Searches papers/effects found therein w/o consent
c) Refuses to leave after surreptitiously entering and
after being made to leave
ART 129: SEARCH WARRANTS 1. Offender procures search warrant W/O JUST CAUSE or,
MALICIOUSLY OBTAINED & 2. Legally procures search warrant but EXCEEDS AUTHORITY
ABUSE IN SERVICE OF THOSE or USES UNECESSARY SEVERITY in executing it
LEGALLY OBTAINED If procured w/o just cause, PERJURY can be charged separately
1. Offender is armed with a warrant LEGALLY PROCURED
ART 130: SEARCHING DOMICILE 2. Searches domicile, papers, effects of any person
WITHOUT WITNESSES 3. Owner / any family member / 2 witnesses residing in same
locality ARE NOT PRESENT
Sec 3: PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS “No law shall be passed abridging freedom of speech, expression, press, right to peaceably assemble xxx”
1. Offender is a PUBLIC OFFICER or EMPLOYEE
2. Prohibits/Interrupts, w/o legal ground, HOLDING OF A
PEACEFUL MEETING or DISSOLVING the same or,
ART 131: PROHIBITION,
3. Hindering anyone from JOINING LAWFUL ASSOCIATIONS or
INTERRUPTION, DISSOLUTION OF
attending any of its meetings
PEACEFUL MEETINGS
4. Prohibiting/Hindering anyone from ADDRESSING PETITION
TO AUTHORITIES for correction of abuses or redress of
grievances
Sec 4: CRIMES AGAINST RELIGIOUS WORSHIP “No law shall be made xxx prohibiting free exercise of religion.”
1. Offender is a PUBLIC OFFCER or EMPLOYEE
ART 132: INTERRUPTION OF 2. Religious ceremonies OR Manifestations of any religion are
RELIGIOUS WORSHIP about to take place or ongoing
3. Offender PREVENTS or DISTURBS the same
1. Acts must be NOTORIOUSLY OFFENSIVE to the feelings of
the faithful
ART 133: OFFENDING RELIGIOUS 2. Acts were performed in a) place devoted to religious
FEELINGS worship b) during celebration of any religious ceremony
3. There should be DELIBERATE INTENT to offend feelings
If private individual = Trespass to Dwelling (Art. 280)
AGAINST THE WILL: presupposes opposition/prohibition (implied or expressed)
Papers & effects must be found INSIDE THE DWELLING. If found outside, crime can either
be Grave Coercion (Art. 286) or Unjust Vexation (Art 287)
QUALIFIED BY: a) committed in the NIGHTTIME or b) papers/effects not constituting
evidence of a crime are NOT RETURNED IMMEDIATELY after the search was made
Search Warrant issued for search and seizure of: a) subject of offense b) proceeds/fruits of
the offense, c) used/intended to be used as a means of committing an offense
WITHOUT JUST CAUSE: affidavits filed for application of warrant was unjustified/false or
could be held liable for perjury
SEARCH: to go over or look through for the purpose of finding something; to examine
Must be IN THE DWELLING OF OWNER at the time the search is made
Tariff & Customs Code does not allow a warrantless search in a dwelling house
If by private individual = Disturbance of Public Order (Art 153)
To justify suppression of free speech: a) DANGER SHOULD BE IMMINENT b) EVIL TO BE
PREVENTED IS SERIOUS
Offender should NOT BE A PARTICIPANT in peaceful meeting. If so, liable for Unjust
Vexation (Art 287)
Interrupting and dissolving meeting of municipal council by public officer is a crime against
Legislative bodies (Art 143 & 144)
PREVENTING: act must cause the ceremony to be not celebrated
No provision of law requires a certain conduct or method in religious service
Should the offender be in the performance of his duties?
Religious ceremony need not be celebrated in a place devoted to religious worship
RELIGIOUS CEREMONY: acts performed OUTSIDE a church (eg processions, prayers in
burials)
NOTORIOUSLY OFFENSIVE: directed against religious practice (mocking, damaging religious
object)
Offense to feelings: from the faithful’s point of view

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

1. There be a PUBLIC UPRISING and TAKING ARMS against Gov REBELLION: objective is the complete overthrow of existing government
2. Purpose is to: INSURRECTION: objective is to merely effect some change of minor importance / prevent
ART 134: REBELLION or a) Remove from allegiance to Gov or its laws TERRITORY exercise of governmental authority regarding specific matters
INSURRECTION of the Philippines, ANY BODY OF LAND, NAVAL or Actual clash of arms with gov forces NOT ABSOLUTELY NECESSARY when accused identifies
Crime of the masses / Civil war ARMED FORCES himself with a rebel organization wanting to overthrow the gov (spies/couriers are liable)
b) Deprive Chief Exec or Congress of any of their PURPOSE OF UPRISING MUST BE SHOWN (not necessary to consummate the crime)
powers/prerogatives Giving Aid/Comfort does not constitute Rebellion

ART 134-A: COUP D’ETAT
ART 135: PENALTY FOR
REBELLION, INSURRECTION or
COUP D’ETAT
ART 136: CONSPIRACY &
PROPOSAL TO COMMIT COUP,
REBELLION/INSURRECTION
ART 137: DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES
ART 138: INCITING TO
REBELLION/INSURRECTION
ART 139: SEDITION
Raising of commotions or
disturbances in the State;
Violation of public peace;
Cannot be committed by 1 person
ART 140: PENALTY FOR SEDITION
1. Offender/s belong to MILITARY/POLICE/PUBLIC OFFICER or EMPLOYEE (with or without civilian participation)
2. By means of a SWIFT ATTACK with violence, intimidation, threat, strategy or stealth (singly or simultaneously carried out anywhere in the Philippines)
3. Directed against: (a) duly constituted authorities (b) military camp/communication network/public utilities/other facilities needed for continued
possession of power
4. Purpose: SEIZE or DIMINISH state power
REBELLION/INSURRECTION (any person): If LEADERS ARE UNKNOWN:
HEADS/PROMOTES/MAINTAINS: R. Perpetua Anyone who DIRECTED, SPOKE, SIGNED RECEIPTS/OTHER DOCUMENTS or SIMILAR ACTS on
PARTICIPANT or EXECUTING COMMANDS OF OTHERS: R. behalf of the rebels = DEEMED LEADER
Temporal Not taking oath of allegiance NOT A DEFENSE AGAINST REBELLION
COUP D’ETAT: Art 48 cannot apply if the crimes are committed IN FURTHERANCE thereof. Otherwise, they
LEADS/DIRECTS/COMMANDS OTHERS: R. Perpetua will be considered as separate offenses
PUBLIC PARTICIPANT/EXECUTES COMMANDS: R. Temporal MAX POLITICAL CRIMES: aimed at political order; intent & motive is decisive
PRIVATE PARTICIPANT (supports, finances, abets, aids): P.Mayor COMMON CRIMES: aimed for private/personal purposes or profit
MAX
CONSPIRACY: when 2 or more persons agree to commit any of Merely AGREEING and DECIDING is enough to make one liable under this Article.
the acts in Art 134/134-A for the purposes therein and decide to Agreement & Decision should be related to the acts and purposes under Art 134/134-A
commit it.
PROPOSAL: when a person who has decided to commit any of Organizing group of soldiers + soliciting membership and funds from people show
the acts in Art 134/134-A for the purpose therein proposes its conspiracy to overthrow Gov
execution to some other person or persons.
1. Offender must be a PUBLIC OFFICER or EMPLOYEE Presupposes the existence of rebellion that must be resisted
2. Acts of disloyalty: Offender SHOULD NOT BE IN CONSPIRACY with the rebels. If so, he will be guilty of
a) Failed to resist a rebellion by all means in their power rebellion
b) Continue to discharge duties under the rebels
c) Accept appointment to office under the rebels
1. Any person NOT TAKING ARMS or IN OPEN HOSTILITY Should incite others to RISE PUBICLY & TAKE ARMS AGAINST THE GOV for purposes of 134
against the Gov IN RELATION TO PROPOSAL TO COMMIT REBELLION/INSURRECTION:
2. Incites others to do any of the acts of Rebellion (Art134) 1. Both induce another to commit rebellion/insurrection
3. Done by means of SPEECHES, PROCLAMATIONS, WRITINGS, 2. In both, rebellion should not be actually committed. If so, principal by inducement
EMBLEMS, BANNERS or other representations tending the 3. Under this, it is not required that the offender has decided to commit rebellion
same end 4. Under this, act of inciting is done publicly (not secretly)
1. Any person RISING PUBLICLY and TUMULTUOUSLY TUMULTUOUS: caused by more than 3 armed persons OR provided with means of violence
2. Uses FORCE, INTIMIDATION, or OTHER UNLAWFUL MEANS To differentiate from Rebellion, the purposes for each crime must be considered
3. For the purpose of attaining any of the following: - In Sedition, no need to take arms against Gov. Tumultuous uprising is enough.
a) Prevent promulgation/execution of any law or popular - In Sedition, purpose may be political or social. In Rebellion, political only
election Tumultuous public uprising + object of sedition MUST OCCUR TOGETHER
b) Prevent Gov’t or public officer from free exercise of
duties or execution of administrative order Common crimes ARE NOT ABSORBED by sedition. They are considered as separate offenses.
c) Act of hate/revenge upon public officer/employee
(person or property) Resisting an officer executing a judicial arrest warrant by means of force is an object of
d) Act of hate/revenge (for political/social ends) against sedition (preventing public officers from free exercise of duties)
private persons or any social class
e) Despoil (for political/social ends) any person, Gov
(political units) of its property or any part thereof
LEADER: P. Mayor MIN + Fine In the event that the sedition incited is actually committed, will those who induced it be
PARTICIPANT: P. Correccional MAX + Fine deemed as leaders? Seems like it.
 ART 141: CONSPIRACY TO
COMMIT SEDITION
ART 142: INCITING TO SEDITION 3. Utter SEDITIOUS WORDS/SPEECHES or WRITE/PUBLISH
To punish utterances/writings
which MAY endanger public order
Chapter 2: CRIMES AGAINST POPULAR REPRESENTATION
Sec 1: CRIMES AGAINST LEGISLATIVE BODIES
ART 143: ACTS TENDING TO
PREVENT MEETING OF
CONGRESS and SIMILAR BODIES 2. Offender (anyone) PREVENTS meeting by force or fraud
ART 144: DISTURBANCE OF
PROCEEDINGS
ART 145: VIOLATION OF
PARLIAMENTARY IMMUNITY
Chapter 3: ILLEGAL ASSEMBLIES and ASSOCIATIONS
ART 146: ILLEGAL ASSEMBLIES
Leaders/Organizer: PC to PM
Merely present: AM
If ARMED, PC
ART 147: ILLEGAL ASSOCIATIONS
There must be an AGREEMENT and DECISION to rise publicly
and tumultuously to attain any of the objects of sedition
1. Any person NOT TAKING DIRECT PART IN SEDITION
2. Incites others to ACCOMPLISH ACTS OF SEDITION by means
of speeches, proclamations, writings, cartoons, banners,
other representations tending to the same end; OR
SCURRILOUS LIBELS against the Gov/authorities thereof
which TEND TO disturb the peace
- Clear & Present Danger Rule: clear/imminent danger
of a public uprising (probable injury to the State)
- Dangerous Tendency Rule: words used tend to create
a danger of a public uprising
1. There be an ACTUAL or PROJECTED meeting of Congress
(provincial, city or municipal council or board)
1. There be an ACTUAL meeting of Congress or legislative
bodies of political units.
2. Offender (any person) either (a) DISTURBS the meetings or
(b) behave in a manner that would INTERRUPT the
proceedings or IMPAIR THE RESPECT DUE IT
Anyone who uses force, intimidation, threats or fraud to
PREVENT any member of Congress from
(a) Attending meetings of Congress
(b) Expressing opinions
(c) Casting vote ; OR
NOT NECESSARY that member is ACTUALLY PREVENTED. Intent
to prevent is enough
1. Meeting attended by ARMED PERSONS for the purpose of
committing any of the crimes under this Code; OR
2. Meeting where audience (armed or not) is INCITED to
commit Treason, Rebellion, Insurrection, Sedition, Assault
Upon Person in Authority or His Agents (Direct Assault)
MEETING: gathering/group whether in fixed place or moving
Anyone present carrying unlicensed firearm DEEMED LEADER OF
FIRST FORM OF ILLEGAL ASSEMBLY, in so far as he is concerned
1. Associations (total/partial) organized for the purpose of
COMMITTING ANY OF THE CRIMES UNDER THIS CODE; or
2. Associations (total/partial) organized for some purpose
CONTRARY TO PUBLIC MORALS
Founders/Directors/President: P. Correccional MIN-MED + Fine
Mere Members: A. Mayor
PROPOSAL to commit sedition is not punishable
DISTURB THE PEACE: (1) disturb lawful officer in free exercise of duties (2) instigate others
to cabal and meet for unlawful purposes (3) suggest/incite rebellious conspiracies/riots
(4) stir people up against authorities (5) disturb peace, safety, order of community/Gov
(6) knowingly conceal such evil practices
In Seditious Speeches & Scurrilous Libels = NO NEED TO ACCOMPLISH ACTS OF SEDITION
Scurrilous: low, base, vulgar, foul
Theatrical Plays may be used to utter seditious words
“Knowingly concealing evil practices” = it is an act of an accessory after the fact but treated
and punished as a principal under this provision.
(committees, constitutional commission, divisions) or legislative bodies of political units
Complaint for disturbance of proceedings may be filed by a member of the legislative body
The same act can be made to punish one for CONTEMPT
Power to punish for contempt of the Congress = coercive in nature
Power to punish a crime = punitive in nature
PUBLIC OFFICER/EMPLOYEE who arrests/searches any member of Congress while it is in
regular or special session
- Member arrested/searched has no committed a crime punishable higher than P.
Mayor (6 yrs and 1 day to 12 yrs)
- To be consistent with the Constitution, it should be understood as “P.MAYOR OR
HIGHER”
Immunity does not protect member of Congress from disciplinary action by Congress itself
For the FIRST FORM: at least 4 persons attending should be armed; unarmed person
present therein is liable
For the SECOND FORM: it is necessary that the audience is ACTUALLY INCITED
(a) Leaders/organizers & those merely present are liable under this Article
(b) The one who INCITES is liable for Inciting to Rebellion/Sedition
(c) But the LEADER can also do the inciting
Persons merely present MUST HAVE COMMON INTENT TO COMMIT FELONY under this Art.
Otherwise, person may be exempt from criminal liability
Unlike in Illegal Assembly, it is NOT NECESSARY under Art 147 that there be an actual mtg.
The act of FORMING/ORGANIZING or MEMBERSHIP are punishable.
Chapter 4: ASSAULT UPON, and RESISTANCE and DISOBEDIENCE TO PERSONS IN AUTHORITY or THEIR AGENTS
ATTACK: any offensive/antagonistic movement or action of any kind
1. Attain any of the purposes in REBELLION and SEDITION EMPLOY FORCE: if inflicted upon AGENT = force must be of a SERIOUS CHARACTER; it need
ART 148: DIRECT ASSAULTS
(a) By employing force or intimidation not be serious if inflicted upon a PERSON IN AUTHORITY
WITHOUT A PUBLIC UPRISING
(b) Offended party NEED NOT be a person in authority or INTIMIDATION/RESISTANCE = must be serious at all times; ergo ACTIVE RESISTANCE
Qualified by:
his agent (can be a private person / social class) Intimidation must produce immediate effects
(1) done with a weapon
2. Attacking, Employing Force, or Seriously Intimidating / PERSONS IN AUTHORITY (see Art. 152) = matter of law: ergo, ignorance is not an excuse
(2) Offender is a public
Seriously Resisting any PERSON IN AUTHORITY or HIS Engaged in Official Duties: still considered liable even if there’s an AGREEMENT TO FIGHT
officer/employee
AGENTS NOT ENGAGED in Official Duties: exceeds power, acts w/o authority, acts as private person
(3) Lays hands on person in
(a) While engaged in official duties OR by reason thereof BY REASON THEREOF = on occasion of PAST PERFORMANCE of official duty
authority
(b) Knowledge of offended party’s status (intent to defy) - When offended part is not in actual performance of duty, MOTIVE IS IMPORTANT!
Art. 48 APPLIES but Art. 148 ABSORBS SLIGHT PHYSICAL INJURIES
1. Person in authority or Agent is a VICTIM of Direct Assault “Any person who comes to the aid of PERSONS IN AUTHORITY, shall be DEEMED AN AGENT
2. Person COMES TO THE AID of the victim of Direct Assault of a person in authority” Art. 152
ART 149: INDIRECT ASSAULTS
3. Offender uses FORCE or INTIMIDATION upon person
coming to the aid of the victim
1. Refusing (WITHOUT LEGAL EXCUSE) to obey summons of CONGRESS includes its committees, subcommittees, divisions, Constitutional Commissions
Congress Also includes ANY COMMISSION OR COMMITTEE AUTHORIZED TO SUMMON A WITNESS
2. Refusing to be sworn or placed under affirmation
ART 150: DISOBEDIENCE TO
3. Refusing to answer any legal inquiry or produce documents ONLY DISOBEDIENCE WITHOUT LEGAL EXCUSE IS PUNISHABLE
SUMMONS BY CONGRESS
when required by Congress in the exercise of their duties Testimony of person summoned must be on matters in which Congress has jurisdiction to
4. Restraining another from attending as a witness inquire (IN AID OF LEGISLATION)
5. Induce disobedience to summons or refusal to be sworn in Acts punishable under this Article may also constitute CONTEMPT OF CONGRESS
1. Offender’s acts NOT INCLUDED IN Art. 148, 149, 150 Consists in failure to comply with ORDERS DIRECTLY ISSUED by authorities in their duties
2. Offender RESISTS or SERIOUSLY DISOBEYS person in DOESN’T INCLUDE: non-compliance with Laws of General Character, Judicial Decisions
authority or agents of such person (merely declaratory of rights/obligations), Violations of Prohibitory Decision
ART 151: RESISTANCE &
- Offender must know that offended party is a person in DISOBEDIENCE: failure or refusal to obey a direct order
DISOBEDIENCE TO A PERSON IN
authority/agent exercising their functions Order given must be LAWFUL. Otherwise, resistance is justified.
AUTHORITY or AGENTS OF SUCH
3. Offended party is IN THE PERFORMANCE OF OFFICIAL DUTY When a person in authority is resisted by means of ANY DEGREE OF FORCE, liable under 148
PERSON
or GIVING A LAWFUL ORDER TO THE OFFENDER If NO FORCE is inflicted upon person in authority, punishable under Art 151 par. 1
SIMPLE DISOBEDIENCE: disobedience is not serious If RESISTANCE is SERIOUS, punishable under Art. 148
- Applicable only to AGENTS OF PERSONS IN AUTHORITY IF attack/force is NOT DELIBERATE or OBFUSCATED, punishable under Art. 151
PERSON IN AUTHORITY: anyone directly vested with jurisdiction or having power and authority to govern and execute the laws (as an individual or member of
some court/gov corp, board or commission)
- Brgy Capt/Chairman, Teachers, Professors, Persons supervising public/private schools, Lawyers in performance of duties or on occasion thereof,
ART 152: PERSONS IN Teacher-nurse, President of Sanitary Division, Provincial Fiscal, Councilor
AUTHORITY & AGENTS THEREOF - Teachers/Professors etc are deemed persons in authority when applying Art 148 and 151
AGENT OF A PERSON IN AUTHORITY: anyone, BY LAW, ELECTION or APPOINTMENT by competent authority charged with (1) Maintenance of Public Order and
(2) Security of Life and Property and (3) anyone coming to the aid of persons in authority
- Barrio Councilman, Barrio Police, Brgy Leader, Municipal Treasurer
Chapter 5: PUBLIC DISORDERS
ART 153: TUMULTS &
DISTURBANCES OF PUBLIC
ORDER
ART 154: UNLAWFUL USE OF
MEANS OF PUBLICATION &
UNLAWFUL UTTERANCES
compare par. 2 to Inciting to
Sedition!!!!???
ART 155: ALARMS & SCANDALS
ART 156: DELIVERING PRISONERS
FROM JAILS
Chapter 6: EVASION OF SERVICE OF SENTENCE
ART 157: EVASION OF SERVICE
OF SENTENCE
ART 158: EVASION OF SERVICE
OF SENTENCE ON OCCASION OF
DISORDERS
1. Causing SERIOUS DISTURBANCE in public Qualifying Circumstance: if the disturbance or interruption was done in a TUMULTUOUS
place/office/establishment (A.Mayor MED to PC MIN) manner, penalty next higher in degree shall be imposed
2. INTERRUPT/DISTURB
performances/functions/gatherings/peaceful meetings not SERIOUS DISTURBANCE: must be planned or intended
included in Art 131 and 132 (A.Mayor MED to PC MIN) INTERRUPT/DISTURB: applicable to PRIVATE PERSONS or PUBLIC OFFICERS WHO ARE
3. Making an OUTCRY tending to incite rebellion/sedition in a PARTICIPANTS in the religious meeting/worship (in reference to Art. 131 and 132)
meeting/association/public place (A. Mayor) OUTCRY: to shout subversive or provocative words tending to stir up the people to obtain
4. DISPLAYING PLACARDS/EMBLEMS provoking disturbance of by means of force/violence any objects of rebellion or sedition
public order (A. Mayor) - Should be an UNCONSCIOUS OUTBURST not intentionally calculated to induce
5. BURYING WITH POMP the body of person legally executed others to commit rebellion or sedition. Otherwise, punishable under Art. 138/142
(A.Menor) If due to the disturbance, another crime was committed, it shall be prosecuted separately
1. PUBLISHING/causing to be published as news ANY FALSE NEWS which may endanger public order or discredit the State
2. By the same means or by words, speeches or utterances, ENCOURAGE DISOBEDIENCE to the law or constituted authorities or by PRAISING, JUSTIFYING or
EXTOLLING any act punished by law
3. MALICIOUSLY PUBLISHING/causing any official resolution or document without authority or before they are officially published
4. PRINTING/PUBLISHING/DISTRIBUTING/causing books, pamphlets, periodicals or leaflets anonymously/false name
Actual public disorder or damage/discredit to the State NOT NECESSARY
If there is NO POSSIBILITY of danger to public order or damage to the State, this provision will not apply
Offender MUST KNOW THAT NEWS IS FALSE. Otherwise, no criminal liability
1. Anyone, within any town/public space, DISCHARGE any firearm, rocket, firecracker or other explosive which produces alarm or danger
- Should not be aimed at a person. Otherwise, it falls under Art. 254 (Discharge of Firearm)
- Applicable even if discharge of firearm takes place in one’s garden
- NOT APPLICABLE on occasion of fiestas or festive events
2. INSTIGATE or TAKE PART IN ANY CHARIVARI or other disorderly meeting offensive to another or prejudicial to public tranquillity
3. Disturb the public peace WHILE WANDERING ABOUT AT NIGHT or WHILE ENGAGED IN NOCTURNAL AMUSEMENTS
4. CAUSE ANY DISTURBANCE or SCANDAL in public places while intoxicated or otherwise when circumstances does not make Art 153 applicable
- Disturbance should NOT BE SERIOUS. Otherwise, liable under Art 153
1. There is a person confined in a jail or penal establishment Applies to both DETENTION PRISONER and PRISONER BY FINAL JUDGMENT
2. Offender REMOVES person therefrom or HELPS WITH THE Applies to HOSPITAL/ASYLUM where prisoner is confined.  Extension of Prison
ESCAPE of such person Offender is usually an outsider. HOWEVER, it may also apply to an employee of the penal
Penalty is MIN period if escape of prisoner takes place outside institution IF SUCH PERSON DOES NOT HAVE CUSTODY of the prisoner (eg off duty guard)
penal establishment by taking guards by suprise If crime committed by prisoner is TREASON, MURDER, PARRICIDE, ATTEMPT ON LIFE OF
QUALIFIERS: by means of VIOLENCE, INTIMIDATION or BRIBERY CHIEF EXECUTIVE: offender will be held liable AS AN ACCESSORY (Art. 19 par 3)
(A.Mayor MAX to PC MIN) NO CRIMINAL LIABILITY for detention prisoner who is removed from jail
1. Offender is a CONVICT BY FINAL JUDGMENT QUALIFYING CIRCUMSTANCES: (P. Correccional MAX)
- Doesn’t apply to detention prisoners/minor offenders (1) By means of unlawful entry or BY SCALING
2. Serving sentence consisting of DEPRIVATION OF LIBERTY (2) By BREAKING doors, windows, gates, walls, roofs or floors
(applies to Destierro) (3) Using picklocks, false keys, disguise, deceit, violence or intimidation
3. Convict EVADES SERVICE OF SENTENCE by escaping (4) Through CONNIVANCE with other convicts or employees of the penal institution
1. Offender is a convict by FINAL JUDGMENT and in prison Failure to give up: increase in 1/5 of the time STILL REMAINING TO BE SERVED (not to
2. There is a DISORDER due to conflagration, earthquake, exceed 6 mos)
explosion or similar catastrophe or during mutiny (no part) Give oneself up: deduction of 1/5 of the PERIOD OF THE ORIGINAL SENTENCE (Art. 98)
3. Offender evades service by leaving on occasion thereof MUTINY: understood as organized unlawful resistance to a superior officer; sedition; revolt
4. Does not give up within 48 hrs after announcement - Prison guards NOT CONSIDERED AS SUPERIOR OFFICERS
 1. Offender is a convict who was granted conditional pardon
ART 159: VIOLATING CONDITION by the Chief Executive
OF PARDON 2. Violated conditions of the pardon
Considered a Substantive Offense P. Correccional MIN: if penalty remitted DOESN’T EXCEED 6 Yrs
Unexpired Portion: if penalty remitted HIGHER THAN 6 Yrs
Chapter 7: COMMISSION OF ANOTHER CRIME DURING SERVICE OF SENTENCE
1. Offender already convicted by final judgment for a crime
2. Committed a new FELONY:
(a) BEFORE beginning to serve sentence
ART 160: QUASI-RECIDIVISM
(b) DURING service of the sentence
Special aggravating circumstance
Pardon for 70yrs old who is NOT A HABITUAL CRIMINAL: after
(MAX penalty for new felony)
serving original sentence OR complete it after reaching 70
UNLESS he shall be deemed unworthy by reason of conduct or
other circumstances
“PENALTY REMITTED BY PARDON” = time which should have been served
Courts HAVE NO POWER to order the convict to serve the unexpired portion. Only the
President can recommit the offender to serve the unexpired portion.
Convict granted pardon MUST BE CONVICTED of the crime violating the conditional pardon
Duration of Conditional Pardon: remainder of sentence UNLESS an extension was intended
Subsequent offense should be PUNISHABLE BY THE RPC. First crime need not be a felony.
CANNOT BE OFFSET by Ordinary Mitigating Circumstances
Unlike in SIMPLE RECIDIVISM (Art 14 par9), no need for offenses to be embraced in the
same title of the RPC
In REITERACION (Art 14 par10), offender should have served out his sentence for prior
offense

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

Chapter 1: FORGERIES
Sec 1: FORGING THE GREAT SEAL OF THE GOVERNMENT, SIGNATURE or STAMP OF THE CHIEF EXECUTIVE
ART 161: COUNTERFEITING THE
GREAT SEAL, FORGING THE
SIGNATURE or STAMP of the
CHIEF EXECUTIVE
ART 162: USING FORGED
SIGNATURE, SEAL or STAMP
Sec 2: COUNTERFEITING COINS
ART 163: MAKING, IMPORTING
and UTTERING FALSE COINS
ART 164: MUTILATION of COINS,
IMPORTING & UTTERING OF
MUTILATED COINS
ART 165: SELLING OF
FALSE/MUTILATED COINS,
WITHOUT CONNIVANCE
1. Forging the GREAT SEAL of the Philippine Government; or Great Seal: in custody of the President; placed upon all commissions signed by him and
2. Forging the SIGNATURE of the Chief Executive; or upon such other official docs and papers as provided by law, by custom and usage
3. Forging the STAMP of the Chief Executive; or If the Pres issued a blank document with signature and document is written on it, it falls
Punished: Making it appear as an official document of the Gov’t under Art 171 or 172 NOT Art 161
1. Great Seal, signature or stamp of the Pres was If the offender is the FORGER/COUNTERFEITER: liable under Art 161 not Art 162
counterfeited/forged by ANOTHER PERSON Offender’s use of the forged/counterfeited shit is considered an ACT OF AN ACCESSORY
2. Offender KNEW of the counterfeiting/forgery normally punished by a penalty lower by 2 degrees. HERE, PENALTY IS ONLY 1 DEGREE
3. Offender USES such things LOWER (P. Mayor)
1. Anyone who MAKES, IMPORTS or UTTERS false coins COIN: piece of metal stamp with certain marks & made current at a certain value
2. In case of UTTERING, offender should be in connivance with WHEN IS IT FALSE: (a) if it’s forged or (b) not authorized by Gov as legal tender
the counterfeiters or importers Counterfeiting: imitation of the PECULIAR DESIGN of a legal or genuine coin
P. Mayor MIN/MED: silver coin / coins 10 CENTS OR HIGHER Import: to bring into port; importation is complete before entry at Customs House
P. Correccional MIN/MED: minor coinage (BELOW 10 CENTS) Utter: passing of such coins; delivery; giving them away; paid; DAMAGE NOT NECESSARY
P. Correccional MIN: foreign currency Under this provision, forging of COINS WITHDRAWN FROM CIRCULAION are included
1. Anyone MUTILATING coins of legal currency with intent to MUTILATION: taking off part of metal by filling/substituting it for an inferior metal;
damage or defraud diminishes its intrinsic value; appropriation of the metal withdrawn from the coin
2. IMPORTING or UTTERRING in connivance with
mutilator/importer COINS MUST BE OF LEGAL TENDER. Ergo, foreign coins not included
WITHOUT CONNIVANCE with mutilators/forgers/importers What is punished: MERE HOLDING WITH INTENT TO UTTER
1. POSSESSION OF COIN (forged/mutilated by another) with Does not require that coins be of legal tender EXCEPT IF IT IS A MUTILATED COIN (Art. 164)
intent to utter knowing that it is false or mutilated POSSESSION: understood in its general sense (i.e CONSTRUCTIVE or subject to one’s
2. ACTUALLY UTTERING such coins knowing it to be false or control)
mutilated
Sec 3: FORGING TREASURY or BANK NOTES, OBLIGATIONS and SECURITIES; IMPORTING and UTTERING FALSE or FORGED NOTES, OBLIGATIONS and SECURITIES
ART 166: FORGING
TREASURE/BANK NOTES or
OTHER DOCS PAYABLE TO
BEARER; IMPORTING, UTTERING R. Temporal MIN: obligation/security of the Philippine Gov
SUCH
ART 167: COUNTERFEITING,
IMPORTING and UTTERING
INSTRUMENTS NOT PAYABLE TO 2. Offender either FORGED, IMPORTED or UTTERED in
BEARER
ART 168: ILLEGAL POSSESSION
and USE OF FALSE NOTES &
OTHER INSTRUMENTS OF CREDIT 3. Offender either:
ART 169: HOW FORGERY IS
COMMITTED
Applies to THIS Section
Sec 4: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL and PRIVATE DOCUMENTS, and WIRELESS, TELEGRAPH and TELEPHONE MESSAGES
ART 170: FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ART 171: FALSIFICATION OF A
DOCUMENT BY A PUBLIC
OFFICER/EMPLOYEE or NOTARY
PUBLIC or ECCLESIASTICAL
MINISTER
Presupposes that document is
Public or Official
1. FORGING or FALSIFICATION of treasury or bank notes or
certificates or obligations & securities payable to bearer
2. IMPORTATION of such false or forged obligations or notes
3. UTTERING of such in connivance with the forgers or
importers
P. Mayor MAX: note issued by any bank authorized by law
P. Mayor MED: doc issued by a foreign Government
P. Mayor MIN: note/bill issued by an authorized foreign bank
1. There’s an instrument PAYABLE TO ORDER or OTHER
DOCUMENT OF CREDIT NOT PAYABLE TO BEARER
connivance with the forger or importer such instrument
1. That (a) Notes (b) Certificates (c) Obligation/Security Mere possession or intent to possess is not punishable. MUST BE WITH INTENT TO USE!
Payable to Bearer or Not Payable to Bearer is
forged/falsified by another person
2. Offender KNOWS them to be forged or falsified
(a) USES such forged/falsified instruments; or
(b) POSSESSES with intent to use such instruments
1. Giving Notes or Instruments (payable to bearer or order)
APPEARANCE OF A TRUE and GENUINE DOCUMENT
2. ERASING, SUBSTITUTING, COUNTERFEITING, or ALTERING
by any means the figures, letters, words or signs
1. There’s a BILL, RESOLUTION or ORDINANCE enacted or
approved or pending approval by either house Congress or
legislative body of political units
2. Offender, without authority, ALTERS any of the
abovementioned
3. Alteration CHANGED THE MEANING OF THE DOCUMENT
1. Offender: PUBLIC OFFICER/EMPLOYEE, NOTARY PUBLIC,
ECCLESIASTIC MINISTER (changes civil status of persons)
2. TAKES ADVANTAGE OF OFFICIAL POSITION
3. Falsifies document by doing any of the following:
a) Counterfeiting/Feigning handwriting, signature, rubric
b) False Participation in any act or proceeding
c) False Attribution of statements of person who participated Par 3: there is actual participation but the statements attributed are untrue
d) Making Untruthful Statements in a narration of facts
e) Altering TRUE DATES
f) Altering or Intercalating genuine doc changing its meaning when what is falsified is a public document); falsification by omission is punishable
g) Issuing in an authenticated form a document purporting
to be a copy of an original when no original exists or copy Par 6: change made should make the genuine document speak something false
contrary to/different from the original
h) Intercalating instrument/note in a protocol, registry, book
UTTERING: offering obligations/notes knowing them to be false/forged and with intent to
damage claiming they are genuine (does not matter it is accepted or not)
- Must be in connivance with the authors
PAYABLE TO BEARER: ownership is transferred to another by mere delivery (Sec 9 of Nego)
OBLIGATION/SECURITY: bonds, certs of indebtedness, national bank notes, coupons,
treasury notes, fractional notes, certs of deposits, bills, checks, drafts for money, other
representations of value issued under any Act of Congress
Central Bank-issued money bills = national bank notes
PNB checks = commercial documents, NOT COVERED BY Art 166. (Art. 172 shall apply)
PAYABLE TO ORDER: payable to the order of a specified person or to him or his order (Sec 8
of Nego). Negotiated by endorsement and delivery
Includes documents of credit/instruments issued by FOREIGN GOV’T or BANKS (“imports”)
If UTTERER IS THE FORGER = liable under Art. 166 as the Forger
- To prove forgery: must place forged instrument side by side with the genuine
- Intent to use ENOUGH TO CONSUMMATE THE CRIME
Conduct of accused is considered to ESTABLISH KNOWLEDGE OF FORGERY
Includes all kinds of false/forged instruments mentioned in this Section
Possession + Actual Utterance of forged instrument: PRESUMED AUTHOR OF FALSIFICATION
NO IMPOSSIBLE CRIME HERE: not an offense against persons or property
Forgery includes FALSIFICATION and COUNTERFEITING
FIRST FORM: includes DOCS/INSTRUMENTS WITHDRAWN FROM CIRCULATION
SECOND FORM: includes pretending to be who the instrument is payable by signing the
genuine persons name (has the effect of erasing “or his order” on the instrument
Presupposes that the Bill, Resolution or Ordinance is GENUINE
Offender may be ANY PERSON WITHOUT AUTHORITY to make such alteration
Act punished is LIMITED TO ALTERATION. Other acts of falsification, even in a legislative
document, fall under Art. 171 or Art. 172
Takes Advantage of Position: duty to intervene in making the doc / having official custody
- If Public Officer/Employee does not take advantage, liable under Art. 172
Document: any written statement wherein a right is established or obligation extinguished
Par 1: intent to imitate is necessary + original & forged have resemblance; if requisites are
lacking, liable under Par 2
Par 2: causing it to appear person/s participated when in fact they did not
Par 4: offender has LEGAL OBLIGATION to disclose truths of the facts; facts narrated are
ABSOLUTELY FALSE and made with MALICIOUS INTENT to injure third person (not essential
Par 5: Dates must be essential (affecting its veracity or effects thereof)
Par 7: cannot be committed by a private person or public official not taking advantage of his
official position (LIABLE ONLY IF IN CONSPIRACY)
 1. Falsification of PUBLIC/OFFICIAL/LETTER OF Public Doc: executed/issued by a public official / authorized by a notary public
EXCHANGE/COMMERCIAL document by any private person Official Doc: a public doc issued by a public official in the exercise of his office (pleadings)
2. Falsification of PRIVATE DOCUMENT by any person causing Private Doc: deed or instrument executed by a private person without intervention of
ART 172: FALSIFICATION OF A
damage to third party or with intent to cause damage notary public (EXCEPT LAST WILLS & TESTAMENT which is always private)
PUBLIC or OFFICIAL or
3. Use of such document: Commercial Doc: used by merchants to promote trade (under Commercial Laws); does not
COMMERCIAL DOCUMENT by a
(a) In a JUDICIAL PROCEEDING as evidence knowing it was include Cash Disbursement Vouchers or Receipts Evidencing Payment
PRIVATE INDIVIDUAL
falsified by another person Possessor of falsified doc = PRESUMED TO BE ITS AUTHOR unless it is extremely doubtful
Applies to public officers not
(b) In ANY TRANSACTION (not judicial) causing damage or PAR 1: damage or intent NOT NECESSARY; Art 48 can be applied
taking advantage of position; in
with intent to cause damage knowing it was falsified PAR 2: cannot be complexed with ESTAFA, THEFT or MALVERSATION; crime in itself; cannot
reference to forms of falsification
by another person be done through reckless imprudence
in Art. 171 (par 1 to 6 only)
PAR 3: Damage is not necessary when introducing in a Judicial Proceeding.
User is deemed author when (a) use is closely connected with falsification (b) had capacity
of falsifying document
1.
Offender: PUBLIC OFFICER/EMPLOYEE or Both PUBLIC and PRIVATE officer/employee must be engaged in the service of sending or
OFFICER/EMPLOYEE of PRIVATE CORP engaged in the receiving wireless, cable, telegraphs or telephone messages. (i.e. Bureau of Posts, operator
service of sending or receiving wireless, cable, telegraph, of Gov’t telephone)
ART 173: FALSIFICATION of
phone msgs - Private person cannot be a principal by direct participation under this Art unless
WIRELESS, CABLE, TELEGRAPH,
2. Offender commits any of the following: he be an employee or officer of such company
TELEPHONE MSGS and USE OF
(a) UTTERS fictitious messages therein - But he can be a PRINCIPAL BY INDUCEMENT in the FALSIFICATION of such msgs
SAID MSGS
(b) FALSIFIES messages therein
(c) Knowingly USES FALSIFIED MSG to the prejudice or Although Globe/Smart/Sun provide infrastructure for telecoms, they still send out
intent to prejudice a third person messages regarding promos and billing updates. I think they can be liable under this.
Sec 5: FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT or SERVICE and the like
1. PHYSICIAN/SURGEON in the practice of his profession CERTIFICATE: any writing testifying that a fact has or has not taken place
issues a false certificate (pertains to injury/illness) #1 and #2: A. Mayor MAX to PC MIN; #3: A. Mayor
ART 174: FALSE MED CERTS,
2. ANY PUBLIC OFFICER issuing a false certificate of Merit, Certificate of Large Cattle: considered a public document covered by Art 171 or 172
CERTS OF MERIT or SERVICE
Service, Good Conduct, or similar circumstances “Similar Circumstances” (ejusdem generis): DOES NOT COVER PROPERTY (Cert of
3. PRIVATE PERSON who falsifies above certificates Employment) but covers Certificate of Residence for voting purposes (Right to Suffrage)
1. Physician/Surgeon, Public Officer or Private Person issued If the false certificates in Art 174 is USED IN A JUDICIAL PROCEEDING, Art 172 does not
ART 175: USING FALSE
false certificates or falsifies the same apply.
CERTIFICATES
2. Offender KNOWS such certificates are false Only false documents in Art 171 & Art 172 are contemplated in introducing it in a judicial
Arresto Menor
3. USES them proceeding.
Sec 6: MANUFACTURE, IMPORT, POSSESSION of INSTRUMENTS or IMPLEMENTS INTENDED for COMMISSION OF FALSIFICATION
1. MAKING or INTRODUCING into the Phils stamps, dyes, Ex: manufacturing an imitation of the seal of a city to make false certificates
ART 176: MANUFACTURE &
marks or other instruments/implements for counterfeiting
POSSESSION OF INSTRUMENTS
or falsification in this Chapter (PC med/max) Implements confiscated NEED NOT FORM A COMPLETE SET
or IMPREMENTS for
2. POSSESSING WITH INTENT TO USE such
FALSIFICATION
instruments/implements by another person (1 deg lower) “Possession” understood as CONSTRUCTIVE POSSESSION
Chapter 2: OTHER FALSITIES
Sec 1: USURPATION of AUTHORITY, RANK, TITLE and IMPROPER USE of NAMES, UNIFORMS, INSIGNIA
1. Usurpation of AUTHORITY: knowingly and falsely USURPATION: one who introduces oneself into an office that is vacant or, without color of
representing oneself to be an officer, agent, rep of the GOV title, ousts the incumbent and assumes to act as an officer by exercising the same functions
ART 177: USURPATION of
or ANY FOREIGN GOV #1: mere act of knowingly and falsely representing oneself to be an officer is sufficient
AUTHORITY or OFFICIAL
2. Usurpation of OFFICIAL FUNCTION: performing any act #2: performance of an act pertaining to a person in authority is essential
FUNCTIONS
pertaining to any person in authority of local/foreign Gov
under the pretense of official position, with no authority Representation MUST BE POSITIVE, EXPRESS and EXPLICIT

ART 178: USING FICTITIOUS
NAME and CONCEALING TRUE
NAME
ART 179: ILLEGAL USE OF
UNIFROMS or INSIGNIA
Sec 2: FALSE TESTIMONY Definition: Committed by a person under oath and required to testify to the truth at a hearing before a competent authority shall deny the truth or say something false
ART 180: FALSE TESTIMONY
AGAINST A DEFENDANT
ART 181: FALSE TESTIMONY
FAVORABLE TO DEFENDANT
ART 182: FALSE TESTIMONY IN
CIVIL CASES
Special Proceedings not
contemplated
ART 183: FALSE TESTIMONY in
OTHER CASES and PERJURY in
SOLEMN AFFIRMATION
Can’t be committed through
Negligence or Imprudence
ART 184: OFFERING FALSE
TESTIMONY in EVIDENCE
1. Offender USES fictitious name publicly for the purpose of:
(a) Concealing a crime
(b) Evading execution of judgment
(c) Causing damage to PUBLIC INTEREST
2. Offender CONCEALS for the purpose of concealing identity: Commonwealth Act No. 142:
(a) True name
(b) Other personal circumstances
1. Offender uses Insignia, Uniform, or Dress pertaining to an
office not held or class of persons not being a part thereof Exact imitation NOT NECESSARY; colorable resemblance is sufficient
2. Such is used PUBLICLY and IMPROPERLY
1. There be a CRIMINAL PROCEEDING
2. Offender FALSELY TESTIFIES under oath against defendant
3. Offender KNOWS IT IS FALSE
4. Defendant is CONVICTED by final judgment or ACQUITTED
1. There be a CRIMINAL PROCEEDING
2. Offender FALSELY TESTIFIES in favor of defendant
3. Prosecution is for a felony punishable by:
(a) AFFLICTIVE penalty: A. Mayor MAX to PC MIN + Fine
(b) Any other penalty: A. Mayor
1. False testimony must be given in a SIMPLE CIVIL CASE in
relation to the issues presented
2. Offender KNOWS the testimony is false
3. It should be MALICIOUS and with INTENT TO AFFECT ISSUES The Civil Case must be decided first before the Criminal Case for Art. 182 can proceed.
OF THE CASE
1. Accused wilfully/deliberately made a FALSE STATEMENT
UNDER OATH (not in a judicial proceeding) or AFFIDAVIT
UPON A MATERIAL MATTER
2. Such were made BEFORE A COMPETENT OFFICER
authorized to receive/administer oaths
3. Falsely Sworn Statement / Affidavit is REQUIRED BY LAW or
MADE FOR A LEGAL PURPOSE
Covers False Oaths not in a judicial proceeding
Subornation of Perjury: wilfully procuring another to swear
falsely (punished as a principal by direct inducement)
1. Offender knowingly offered in evidence false WITNESS or
TESTIMONY
2. Made in a JUDICIAL or OFFICIAL PROCEEDING
3. Such witness was NOT INDUCED
FICTITIOUS NAME: any other name publicly applied to oneself without authority of law
If false name is used which damages PRIVATE INTERESTS, liable for Estafa (Art. 315)
In USE, publicity is essential. In CONCEALING, publicity not necessary
Pseudonyms for literary, cinematic, tv, radio or entertainment purposes and athletic events
are EXEMPTED.
If OFFICE DOES NOT EXIST = not punishable
If DEATH  R. Temporal
If R. TEMPORAL/PERPETUA  P. Mayor
If ANY OTHER AFFLICTIVE PENALTY  P. Correccional
If CORRECTIONAL PENALTY or ACQUITTAL  A. Mayor
Defendant must be sentence AT LEAST to (a) Correctional Penalty (b) a FINE or (c) Acquitted
Punishable EVEN IF TESTIMONY IS NOT CONSIDERED BY THE COURT
False testimony BY NEGATIVE STATEMENT is in favor of the defendant
Liable even if did not directly influence the decision or actually benefited the defendant
INTENT TO FAVOR DEFENDANT is sufficient; if WITHOUT MALICE, not liable
Statement of mere opinion = not punishable
False Testimony must be RELATIVE TO HIS EXPERIENCE
Defendant’s testimony on his OWN BEHALF can be punished under this if it is done falsely
PENALTY: depends on the amount of the controversy
(a) EXCEEDS P5,000  PC MIN + Fine
(b) DOES NOT EXCEED or CANNOT BE ESTIMATED  A.Mayor MAX to PC MIN + Fine
Criminal action shall be suspended momentarily.
Perjury is not the same as False Testimony
OATH: attestation signifying that one is bound by conscience to perform a truthful act
AFFIDAVIT: sworn statement in writing made upon oath before a judge or officer
MATERIAL MATTER: any fact/circumstance that tends to strengthen testimony relative to
the subject of inquiry or legitimately affects the credit of any testifying witness
- Whether a statement CAN INFLUENCE a tribunal
- “Relevant” if it tends to establish probability of a fact in issue
- “Pertinent” if it concerns collateral matters which makes the proposition probable
COMPETENT PERSON: has a right to inquire into questions presented within his jurisdiction
PENALTY: A. Mayor MAX to P. Correccional MIN
Offer of Evidence: starts when witness is called to the stand & interrogated by counsel
ATTEMPTED Offering of False Witness in Evidence: if the witness desisted from testifying
- False witness is NOT LIABLE but the offender is criminally liable
PENALTY: same as with false testimony (judicial proceeding) or perjury (official proceeding)
Chapter 3: FRAUDS
Sec 1: MACHINATIONS, MONOPOLIES and COMBINATIONS
ART 185: MACHINATIONS in
PUBLIC AUCTIONS
Intention is to CAUSE REDUCTION
OF THE PRICE of the thing
auctioned
ART 186: MONOPOLIES and
COMBINATIONS IN RESTRAINT OF
TRADE
P. Correccional MIN + Fine
Mere Conspiracy or Combination is
punished
Sec 2: FRAUDS in COMMERCE and INDUSTRY
ART 187: IMPORTATION &
DISPOSITION of FALSELY MARKED
ARTICLES or MERCH MADE OF
GOLD, SILVER or OTHER PRECIOUS
METALS
ART 188: SUBSTITUTING &
ALTERING TRADEMARKS,
TRADENAMES, SERVICE MARKS
REPEALED by RA 8293
ART. 189: UNFAIR COMPETITION,
FRAUDULENT REGISTRATION of
TRADENAME,TRADEMARK,SERVICE 2. FRAUDULENT DESIGNATION OF ORIGIN: Apply or Use in connection with goods/services or containers for goods false designation of origin or false
MARK; FRAUDULENT
DESIGNATION of ORIGIN & FALSE
DESCRIPTION
RA 8293: Intellectual Property Code of the Philippines
INFRINGEMENT
Use thereof would likely to cause 2. REPRODUCE, COPY, COROLABLY IMITATE registered mark
confusion, mistake, or to deceive
1. SOLICITING ANY GIFT or PROMISE from bidders in a Public MERE SOLICITATION or ATTEMPT to refrain from bidding is enough to consummate the
Auction crime
- As a consideration for refraining to take part therein OTHER ARTIFICE: can be done through trickery or deceit
2. ATTEMPT TO CAUSE BIDDERS TO STAY AWAY from auction
- By means of threats, gifts, promises, or any other If the person whom the solicitation is made agrees to give a gift/promise, he will be
artifice punished under the second form (causing bidders to stay away)
1. Enter into CONTRACT/AGREEMENT or CONSPIRACY or COMBINATION in the form of a trust
- In restraint of trade OR artificially prevent free competition in the market
2. Monopolize MERCH or OBJECT OF TRADE/COMMERCE or COMBINE with person/s to monopolize the same
- By spreading false rumors OR using other artifice to restrain free competition in the market
3. Manufacturer, Producer, Processor, Importer of MERCH or OBJECT OF TRADE/COMMERCE
- By combining, conspiring, agreeing with any person engaged in the same
- PURPOSE: (a) make transactions prejudicial to lawful commerce OR (b) increase market price of such Merch or Object of Commerce
QUALIFIERS: if Food Substance, Fuel, Lubricants or other articles of prime necessity (EVEN IF ONLY INITIAL STEPS HAVE BEEN TAKEN)  P. Mayor MED/MAX
If committed by a Corp or Association: Pres, Directors, Managers, Agent/Rep (foreign) who knowingly allows or doesn’t prevent it are liable as principals
1. Offender IMPORTS, SELLS, DISPOSES any Article or Merch Deemed to have failed in indicating fineness or quality (compared to what is indicated)
made of gold, silver, other precious metals or their alloys Gold: less than one-half (0.5) karat
2. STAMPS, BRANDS, MARKS in such fail to indicate the Silver: less by more than four one-thousandth (0.004)
actual fineness or quality of said metals/alloys Watch Cases & Flatware made of Gold: less by more than three one-thousandth (0.003)
3. Offender KNOWS of the failure to indicate fineness/quality DOES NOT APPLY to manufacturers who alter quality/fineness. Such are liable for Estafa
1. SUBSTITUTING or IMITATING a tradename or trademark of real manufacturer/dealer for a fake upon any article of commerce and SELLING the same
2. Anyone SELLING or OFFERING TO SELL such article of commerce knowing that its tradename or trademark is fraudulently used
3. USING or SUBSTITUTING service mark of another in the Sale or Advertising of his own services
4. Knowingly PRINTING/REPRODUCING tradename, trademark, service mark of another to enable another to fraudulently use the same
TRADENAME/TRADEMARK: words/names/titles/symbols/emblems/signs/device used to enable the public to distinguish the business
SERVICE MARK: marks used in sale or advertising of services to identify services of a business and distinguish them from others
1. UNFAIR COMPETITION: selling goods, with intent to deceive, by giving them general appearance of the goods of another manufacturer/dealer
- As to the goods themselves, packaging, or any other feature of its appearance
description and shall Sell the same
3. FRAUDULENT REGISTRATION: Fraudulently procuring (oral/written) from the Patent Office the registration of a Tradename, Trademark, Service Mark
REPEALED by RA 8293
1. USE IN COMMERCE any reproduction, copy, colorable TRADE NAME: name or designation identifying or distinguishing an enterprise
imitation of a registered mark, same container, dominant TRADEMARK: distinguish the goods of one from another; indicates origin or ownership
feature thereof in the sale distribution, advertising of any Elements of Infringement
goods or services including preparatory steps 1. Validity of Plaintiff’s Mark: generic or descriptive marks cannot be registered
- Prior valid mark can lose its distinctiveness if it becomes publici juris
or dominant feature thereof and apply it to labels, signs, 2. Ownership of the Mark by Plaintiff: must be registered in the Intellectual Prop Office
prints, packages, wrappers, advertisements intended to be - Cert of Registration: prima facie evidence of validity, ownership, exclusive right
used in commerce, sale, distribution, advertising of goods 3. Use/Colorable Imitation Thereof Likely to Cause Confusion: need not be identical
or services - Dominancy Test (dominant features) preferred over Holistic Test (entirety)
3. Do any of the above without the owner’s consent - Product Confusion (competing products); Confusion of Business (noncompeting)
 1. Employs deception or means contrary to good faith Confusing similarity in the general appearance of goods
2. PASSES OFF own goods/services for those of another Intent to deceive public and defraud competitor  MAY BE INFERRED from the similarity
having established goodwill in the minds of the public
such as but not limited to: TEST: whether “clothed goods” are likely to deceive the ordinary, prudent purchaser
(a) SELLING goods by making them appear to be goods of Infringement constitutes Unfair Competition when there is not merely likelihood of
UNFAIR COMPETITION
another (seen from any of its features) confusion but also ACTUAL or PROBABLE deception on the public; BUT there can be
(b) Employing any means to INDUCE FALSE BELIEF Infringement without Unfair Competition when infringer discloses on the mark that he
(c) Making FALSE STATEMENTS in the course of trade or manufactured the goods.
COMMIT ANY ACT CONTRARY to GOOD FAITH to Unfair Competition: intent to defraud is essential / registration is unnecessary / broad
discredit the goods, business or services of another Infringement: intent to defraud unnecessary / registration is necessary / limited
1. USE IN COMMERCE any word, term, name, symbol, or device or any false designation of origin, false description/representation of fact in any goods or
services
2. Such is likely to CAUSE CONFUSION/MISTAKE or TO DECEIVE as to the affiliation, connection, association of the goods or services; OR
FALSE DESIGNATION of ORIGIN and 3. Misrepresents the Nature, Qualities or Origin of goods/services in a Commercial Advertising or Promotion
FALSE DESCRIPTION or Smuggling and Illegal Importation (Sec 2702 of the Revised Administrative Code) = related to Frauds in Commerce and Industry
REPRESENTATION REQUISITES:
(1) Merch must have been fraudulently or knowingly imported contrary to law
(2) Defendant is not the importer and must have received, concealed, bought or sold the merch OR facilitated the transport, concealment or sale thereof
(3) Defended must HAVE KNOWLEDGE that the merch had been illegally imported
Comprehensive Dangerous Drugs Act of 2002 7. Manufacture or Deliver of Equip, Instrument, Apparatus, Paraphernalia for DD and/or
- Not particular about the quantity or purity of the substance CP and EC (SEC 10)
- RPC only applies with regard to minor offenders Any person who DELIVERS or POSSESSES/MANUFACTURES W/ INTENT TO DELIVER knowing
- Only exemption is when authorized by law that it will be used to violate this act: 12 to 20 yrs + fine
Acts Punished: Introducing into the human body a DD: 6mos to 4 yrs + fine
1. IMPORTATION of Dangerous Drugs and/or Controlled Precursors and Essential Uses minor or mentally incapacitated: max penalty
Chemicals (SEC 4) 8. Possession of DD (SEC 11)
Import any dangerous drug: life to death + fine 10g or more of opium, morphine, heroin, cocaine, marijuana resin/oil, X, LSD: life to death +
Import any controlled precursor and essential chemical: 12 to 20 yrs + fine fine
Protector/Coddler of any violator: 12 to 20 yrs + fine 50g or more of shabu: life to death + fine
Diplomatic official: max penalty + confiscation/cancellation of passport 500g or more of weed: life to death + fine
2. Sale, Trade, Administration, Dispensation, Delivery, Distribution and Transportation 10 to 50g of shabu: life + fine
(SEC 5) 5 to 10g of opium, morphine, heroin, cocaine, marijuana resin/oil, X, LSD: 20 to life
Same as above with regard to dangerous drugs/precursors/chemicals 300 to 500g of weed: 20 to life + fine
Within 100 meters from school: max penalty Less than 5g of opium, morphine, heroin, cocaine, marijuana resin/oil, X: 12 to 20
Pushers using minors/mentally incapacitated: max penalty Less than 300g of weed: 12 to 20 yrs + fine
Victim is a minor/incapacitated/proximate cause of death: max penalty 9. Possession of Equip, Instrument, Apparatus, Paraphernalia for DD (SEC 12)
Organizers/Managers/Financiers: max penalty Any person in possession of such intended use of DD: 6mos to 4 yrs + fine
3. Maintenance of a Den, Dive or Resort (SEC 6) Possession of such is prima facie proof of use of DD
Person/group maintaining the same for sale/use of DD 10. Possession of DD during Parties, Social Gatherings or Meetings (SEC 13)
Maintaining the same for sale/use of CP and EC Any person in possession of DD during such or in the proximate company of at least 2
Allowing minors to use/sell/deliver in such place: max penalty persons: max penalty
Organizers, managers, financiers: max penalty 11. Possession of Equip, Instrument, Apparatus, Paraphernalia during Parties, Social
Protector/Coddler Gatherings or Meetings (SEC 14)
Proximate cause of death when used in such place: owner is liable Any person possessing such intended for using DD during such occasion: 6mo to 4y
rd
If place is owned by 3 person: it shall b confiscated and escheated in favor of government 12. Use of DD (SEC 15)
4. Employees and Visitors of Den, Dive or Resort (SEC 7) Person arrested is found positive for DD (first offense): 6mo rehab
nd
Employee: aware of the nature of the place as such 2 offense: 6 to 12 yrs + fine
Visitor: aware of the nature of the place + knowingly visits NOT APPLICABLE IF PERSON ARRESTED ALSO HAS IN HIS POSSESSION DD
5. Manufacture of DD and/or CP and EC (SEC 8) 13. Cultivation or Culture (SEC 16)
Manufacturer of DD: life to death + fine Any person who does such: Life to death + fine
Manufacturer of CP and EC: 12 to 20 yrs + fine Land/portion thereof/greenhouses: confiscated and escheated in favor of the State unless
Presence of CP and EC or lab equipment in clandestine lab: prima facie proof of manufacture owner proves such acts was not of his knowledge
of DD If land is public domain: max penalty
Aggravating if Clandestine Lab is: involves minor; within 100 meters of residential, business, Organizer, Manager, Financier: max penalty
church, school; protected by booby traps; concealed with legitimate business; employs Protector/Coddler: 12 to 20 yrs + fine
practitioner, public official, foreigner 14. Maintenance and Keeping of Original Records of Transactions on DD, CP and EC (SEC
Protector/Coddler: 12 to 20 yrs + fine 17)
Organizer, Manager, Financier: max penalty Practitioner/Manufacturer/Wholesaler/Importer/Dsitributor/Dealer/Retailer who
6. Illegal Chemical Diversion of CP and EC (SEC 9) violates/fails to maintain and keep original records of transactions on DD, CP, EC
Any person who illegally diverts any CP and EC: 12 to 20 yrs + fine 15. Unnecessary Prescription of DD (SEC 18)
Practitioner (especially those involved in the care of persons with sever pain) prescribing DD
to any person who does not require it or in the dosage prescribed: 12 to 20 yrs + fine
16. Unlawful Prescription of DD (SEC 19)
Any person who makes or issues a prescription or other writing purporting to be a
prescription of any DD: life to death + fine
Confiscation and Forfeiture (Sec 20)
Every penalty imposed on acts punishable under this act shall carry with it the confiscation
and forfeiture, in favor of the government, of all the proceeds and properties derived from
the unlawful act.
Includes: money, assets obtained thereby, instruments/tools used to commit act
Probation Law does not apply to Drug Traffickers and Pushers (Sec 24)
Qualifying Aggravating Circumstance: positive result for use of DD during the commission of a
crime by an offender (Sec 25)
Attempt or Conspiracy to commit the following are punishable by same penalty:
- Importation
- Sale, trade, administration, dispensation, delivery, distribution, transport
- Maintenance of a den, dive or resort
- Manufacture
- Cultivation or culture
Public Officer/Employee who fails to account for the Confiscated DD: life to death
Elective official benefiting from such: removed from office
Criminal Liability of Gov’t Officials/Employees: max penalty + absolute perpetual
disqualification from public office
Planting of evidence: death (Sec 29)
Juridical Entities/Persons: partner, president, director, manager, trustee, etc who consents to
or knowingly tolerates such violation will be considered as co-principal
Offender is an ALIEN: after service of sentence, deported immediately (unless penalty is
death)
ACCESSORY PENALTIES: disqualified to exercise civil rights
- Parental authority/guardianship, Disposal of property, Political rights (suffrage)
- Such rights shall also be suspended during the pendency of the appeal
COMPULSORY CONFINEMENT OF DRUG DEPENDENT REFUSING TO BE VOLUNTARILY
CONFINED
Upon filing a petition for confinement and upon finding by 1 of 2 physicians that such person
is a dependent, person shall be ordered to be committed to a rehab center under DOH
supervision. If both physicians conclude otherwise, such person shall be discharged.
COMPULSORY SUBMISSION OF DEPENDENT CHARGED WITH AN OFFENSE
If person charged with penalty less than 6 yrs is a drug dependent, proceedings shall be
suspended and shall be committed to a rehab Center. After discharge, prosecution for the
prior offense shall continue. If convicted, period of confinement in the Center shall be
deducted.
- Prescription for the offense shall not run during confinement in a Center
FIRST TIME MINOR OFFENDER
1. Suspension of sentence: accused is over 15 yrs at time of commission (Sec 11 –
Possession) but not more than 18 yrs at the time judgment should have been
promulgated after having been found guilty. Conditions:
- Not been previously convicted
- Not been previously committed to a Center/DOH physician
- Board favourably recommends the sentence to be suspended
2. Discharge after compliance with conditions of suspended sentence
3. Privilege of Suspended Sentence availed only ONCE by the said offender
4. Promulgation of Sentence: If first time minor offender violates conditions of
suspended sentence, court shall serve sentence as any other convict
5. Probation or Community Service
Parent, Spouse Guardian without valid reason refuses to cooperate with Board or any agency
concerned may be cited for contempt by the court.

VOLUNTARY SUBMISSION OF DRUG DEPENDENT

Any person who violates Section 15 (USE) may by himself or through his parents, spouse,
th
guardian or relative within the 4 degree apply to the Board for rehabilitation and treatment
of drug dependency (confinement not to exceed 1y)
Exempt from Criminal Liability
Drug dependent discharged from confinement is exempt if:
- Complied with the regulations of the Center, Board and follow-up program for at
least 18 months
- Never been convicted
- No record of escape from Center (if so, he surrendered within one week)
- Poses no danger to himself, family or community
nd
Dependent not rehabilitated after 2 commitment to Center
Charged for violation of Sec 15 like any offender. If convicted, period of confinement shall be
credited