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Revised Penal Code Book 2: Crimes Against National Security and The Law of Nations
Revised Penal Code Book 2: Crimes Against National Security and The Law of Nations
BOOK 2
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Art. 114 - Treason 1. The offender is a Filipino by birth or an alien residing in the Philippines
2. There is a war in which the Philippines is involved
a. There must be an actual assembly of men
b. For the purpose of executing or effecting a treasonable design by force
3. The offender either:
a. Levies war against the PH government
b. Adheres to the enemies by giving them aid or comfort
Art. 115 - Conspiracy:
Conspiracy and 1. There is a meeting of two or more persons
proposal to commit 2. They come to an agreement to commit the crime of treason
treason 3. They decide to commit it
Proposal:
1. A person has decided to commit the crime of treason
2. He proposes its execution to some other person or persons
Art. 116 - 1. Offender is a Filipino citizen who owes permanent allegiance to the Philippine government
Misprision of 2. That he has knowledge of any conspiracy to commit treason against the government
treason 3. He conceals or fails to disclose of knowledge to commit treason as soon as possible to the
authorities
Art. 117 - I. By entering, without authority therefore, a warship, fort, or naval or military establishment or
Espionage reservation to obtain any information, plans, photographs or other data of a confidential
nature, relative to the defense of the Philippines
II. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in par no. 1 of art. 117, which he head in his possession by reason
of the public office he holds
Art. 118 - 1. That the offender performs unlawful or unauthorized acts by the Philippine government
Inciting to war or 2. That the said acts provoke or give occasion for a war involving or liable to involve the Philippines
giving motives or or expose Filipino citizens to reprisals on their persons and property while they are in a foreign
reprisals country
3. He is not legally authorized to do so
Art. 119 - Violation 1. The crime is committed when there is a war but the Philippines is not involved in the said war
of Neutrality 2. The competent authority issued a regulation for the purpose of enforcing neutrality among
Filipino citizens
3. The offender violates such regulation imposed
Art. 120 - 1. That it is in the time of war in which the Philippines is involved
Correspondence 2. That the offender makes correspondence with an enemy country or any territory occupied by
with hostile country enemy troops
3. That the correspondence is either
a. Prohibited by the Philippine government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy
Art. 121 - Flight to 1. That there is a war in which the Philippines is involved
enemy’s country 2. That the offender must be owing allegiance to the Philippine government
3. That the offender attempts to flee or go to enemy’s country
4. That going to the enemy country is prohibited by a competent authority
Art. 122 - Piracy in Piracy
general and mutiny 1. The vessel is located either in the high seas or on Philippine waters
on the high seas or 2. Offenders must be strangers to the vessel, not members of the complement or passengers of
in Philippine waters the vessel.
3. Mode of committing piracy:
a. Offenders either attack or seize the vessel
b. Either seize in whole or in part the cargo, the equipment or the personal belongings of the
passengers or members of the complement
Mutiny
1. The vessel is either on the high seas or on Philippine waters
Qualifying circumstances
1. By means of unlawful entry
2. By breaking doors, windows, gates, walls, roofs or floors
3. By using picklocks, false keys, disguise, deceit, violence or intimidation
4. Through connivance with other convicts or employees of the penal institution
Art. 158 – Evasion of 1. That the offender is a convict by final judgment who is confined in a penal institution
service of sentence 2. That there is a disorder resulting from
on the occasion of a. Conflagration
disorders, b. Earthquake
conflagrations, c. Explosion
earthquakes, or d. Similar catastrophe
Art. 179 – Illegal use 1. The offender makes use of insignia, uniform, or dress
of uniforms and 2. That the insignia, uniform, or dress pertains to an office not being held by the offender or to a
insignia class of person of which he is not a member
3. That the said insignia, uniform, or dress is used publicly and improperly
Art. 180 – False 1. That there be a criminal proceeding
testimony against a 2. That the offender testifies falsely under oath against the defendant therein
defendant 3. That the offender who gives false testimony knows that it is false
4. That the defendant against whom the false testimony is given is either acquitted or convicted in a
final judgment
Art. 181 – False 1. That there be a criminal proceeding
testimony favorable 2. That the offender testifies falsely under oath against the defendant therein
to defendant 3. That the offender who gives false testimony knows that it is false
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself
or for any other person, in connection with any contract or transaction between the Government and any
other part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has secured
or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given
or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged with the grant of licenses or
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from
any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating against any other
interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they
belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of
his official position to unauthorized persons, or releasing such information in advance of its authorized
release date.
Sec. 4 – Prohibition (a) It shall be unlawful for any person having family or close personal relation with any public official to
on private capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly
individuals requesting or receiving any present, gift or material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with the government, in which such public
official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in
the third civil degree. The word "close personal relation" shall include close personal friendship, social and
fraternal connections, and professional employment all giving rise to intimacy which assures free access to
such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the
offenses defined in Section 3 hereof.
Sec. 7 – Statement Every public officer, within thirty days after the approval of this Act or after assuming office, and within the
of assets and month of January of every other year thereafter, as well as upon the expiration of his term of office, or
liabilities upon his resignation or separation from office, shall prepare and file with the office of the corresponding
Department Head, or in the case of a Head of Department or chief of an independent office, with the Office
of the President, or in the case of members of the Congress and the officials and employees thereof, with
the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and
liabilities, including a statement of the amounts and sources of his income, the amounts of his personal
and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided,
That public officers assuming office less than two months before the end of the calendar year, may file
their statements in the following months of January.
Sec. 8 – Dismissal If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine,
due to unexplained a public official has been found to have acquired during his incumbency, whether in his name or in the
wealth name of other persons, an amount of property and/or money manifestly out of proportion to his salary and
to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of
the spouse and unmarried children of such public official may be taken into consideration, when their
acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into
consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer who under the law may legitimately practice his
profession, trade or occupation, during his incumbency, except where the practice of such profession,
trade or occupation involves conspiracy with any other person or public official to commit any of the
violations penalized in this Act.
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form
of pecuniary benefit from any person and/or entity in connection with any government contract or project or
by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or
any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and
their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including promise of future employment in any business enterprise or undertaking;
6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and
the Republic of the Philippines.
Sec. 2 – Definition of Any public officer who, by himself or in connivance with members of his family, relatives by affinity or
crime of plunder, consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-
penalties gotten wealth through a combination or series of overt or criminal acts as described in Section 1(d) hereof,
in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00), shall be guilty of the
crime of plunder and shall be punished by reclusion perpetue to death with perpetual absolute
disqualification from holding any public office. Any person who participated with said public officer in the
commission of plunder shall likewise be punished. In the imposition of penalties, the degree of participation
and the attendance of mitigating and extenuating circumstances shall be considered by the court. The
court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stock derived from the deposit or investment thereof forfeited in favor of the
State.
1. an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him/her or a third person information or a
confession;
2. punishing him/her for an act he/she or a third person has committed or is suspected of having
committed;
3. or intimidating or coercing him/her or a third person;
4. or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by
or at the instigation of or with the consent or acquiescence of a person in authority or agent of a
person in authority. It does not include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions.
Sec. 4 – Acts of (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a
torture person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or
substances not normally eaten;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until
the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such
as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(b) Mental/Psychological Torture refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the
belief that he/she shall be summarily executed;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation as
a consequence of the filing of said complaint or the presentation of evidence therefor. In which case, the
State through its appropriate agencies shall afford security in order to ensure his/her safety and all other
persons involved in the investigation and prosecution such as, but not limited to, his/her lawyer, witnesses
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in
any fora in order to avoid further trauma.
Sec. 13 – Who are Any person who actually participated Or induced another in the commission of torture or other cruel,
criminally liable inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture
or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be
liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to
any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as
principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official
of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or
other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence
committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at
the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been committed by his/her subordinates or by
others within his/her area of responsibility and, despite such knowledge, did not take preventive or
corrective action either before, during or immediately after its commission, when he/she has the authority
to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to
negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is being committed and without having participated
therein, either as principal or accomplice, takes part subsequent to its commission in any of the following
manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or
other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or
destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the
official's public functions.
Sec. 14 – Penalties (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(aggravating
circumstances) (1) Torture resulting in the death of any person;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become
insane, imbecile, impotent, blind or maimed for life; and
Art. 236 – 1. Offender is entitled to hold a public office or employment, either by election or appointment
Anticipation of 2. Law requires that he should first be sworn in and/or should first give a bond
duties of a public 3. He assumes the performance of the duties and powers of such office
officer 4. He has not taken his oath of office and/or given the bond required by law
Art. 237 – 1. Offender is holding a public office
Prolonging 2. Period provided by law, regulations or special provisions for holding such office, has already
performance of expired
duties and powers 3. He continues to exercise the duties and powers of such office
Qualifying circumstances:
a. With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weken the defense, or of means or persons to insure or afford impunity
b. In consideration of price, reward or promise
Qualifying circumstances:
1. Intent to insult or offend
2. Ignominy
3. Victims: ascendants, descendants, parent, guardian
4. Person of rank/public authority (not direct assault)
Art. 266 – Slight I. Physical injuries which incapacitated the offended party from one (1) to nine (9) days, or
physical injuries required medical attendance during the same period
and maltreatment II. Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance
III. Ill-treatment of another by deed without causing any injury
Qualifying circumstances:
1. For ransom
2. Victim is killed or dies
3. Raped
4. Torture/dehumanizing acts
Art. 268 – Slight 1. The offender is a private individual
illegal detention 2. He kidnaps or detains another, or in any manner deprives him of his liberty
3. The act of kidnapping or detention is illegal
4. The crime is committed without the attendance of any of the circumstances enumerated in Art.
267
1. There is no requisite as to the number of perpetrators (even a single person can commit the
crime)
2. There must be an actual commission of robbery (otherwise no crime will arise)
3. There is no preconceived victim (it is done indiscriminately on any person passing on the
[Philippine] highway)
Art. 312 – I. Occupation of real property which is committed by any person who by means of violence
Occupation of real against or intimidation shall occupy the real property of another
property or II. Usurpation of real rights in property committed by any person who by means of violence
usurpation of real against or intimidation shall usurp any real rights in property of another person
rights in property
Elements:
1. Offender takes possession of any real property or usurps any real rights in property
2. Real property or the rights thereof belong to another
3. Violence or intimidation was used
4. Intent to gain
Art. 313 – Altering 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks
boundaries or intended to designate the boundaries of the same
landmarks 2. Offender alters said boundary marks
Art. 314 – 1. Offender is a debtor who has obligations due and payable
Fraudulent 2. He absconds with his property
insolvency 3. Causes prejudice to his creditors
Art. 316 – Other 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or
forms of swindling mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although
such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
5. Any person who shall accept any compensation given him under the belief that it was in payment
of services rendered or labor performed by him, when in fact he did not actually perform such
services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil action, without express
authority from the court or before the cancellation of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real
property or properties with which he guaranteed the fulfillment of such obligation.
Art. 317 – Swindling 1. Offender takes advantage of the inexperience or emotions or feelings of a minor
a minor 2. Induces minor to:
a. Assume an obligation
b. To give release, or
c. To execute transfer of property right
3. For consideration of some loan of money, credit, or other personal property
4. To the detriment of the minor
Art. 318 – Other 1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles
deceits 2. By interpreting dreams, by making forecasts, by telling fortunes, taking advantage of credulity of
public for profit or gain
Art. 319 – Removal, I. Knowingly removing any personal property under Chattel Mortgage Law to any province or
sale, or pledge of city without written consent of mortgage or executors
mortgaged property 1. Personal property is mortgaged under the Chattel Mortgage Law
2. Offender knows that such property is so mortgaged
3. He removes mortgaged personal property to any province or city other than the one
located
4. Removal is permanent
5. No written consent of mortgagee
II. Selling or pledging personal property already property without consent of the mortgagee
written on the back of the mortgage and noted on the record
1. Personal property already pledged under Chattel Mortgage Law
2. Offender (mortgagor) sells or pledges the same or any part thereof
3. No consent of the mortgagee written on the back of the mortgage and noted on the
record in register of deeds
Art. 320 – 1. One or more buildings or edifices, consequent to one single act of burning, or as a result of
Destructive Arson simultaneous burnings or committed on several or different occasions;
2. Any building of public or private ownership, devoted to public in general, or where people usually
gather or congregate for a definite purpose such as but not limited to official government function
or business, private transaction, commerce, trade workshop, meetings, conferences, or merely
incidental to or for a definite purpose such as but not limited to motels, transient dwellings, public
conveyances or stops, or terminals, regardless of whether the offender had knowledge that there
are persons in said building or edifice at the time set on fire and regardless also of whether the
offender had knowledge that there are persons in said building or edifice at the time set on fire
Persons exempted:
1. Spouses, ascendants and descendants, relatives by affinity in the same line
2. Widowed spouse, with regard to property which belonged to deceased spouse before it passed
to the possession of another
3. Brothers and sisters, brothers- and sisters-in-law, if living together
4. Also includes: stepfather, adoptive father, natural children, concubine, paramour, common-law
spouse
CRIMES AGAINST CHASTITY
Art. 333 – Adultery 1. The woman is married
2. She has sexual intercourse with a man not her husband
3. The man must know her to be married
Art. 334 – 1. The man must be married
Concubinage 2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse under scandalous circumstances;
c. Cohabiting with her in any other place
3. The woman must know that the man must be married
Art. 335 – When and Repealed by Anti-Rape Law of 1997 (RA 8353)
how rape is
committed