Title 1 Crimes against National Security and law of nation

1. Treason (war crime)

Committed by a Filipino Citizen or an alien residing in the Philippines, who shall levy war against
the Philippines or adhere to her enemies giving them aid or comfort within the Philippines or elsewhere.

Two witness Rule to prove the overt act of giving aid or comfort to the enemy.
Actual assemblage to prove the levying of war, mere membership in the organization is not sufficient.

2. Proposal or Conspiracy to commit Treason ( even if not war)

Committed by a Filipino Citizen or resident alien , who had decided to commit treason and
proposesits execution to some other person or persons.

3. Misprision of Treason
Comiitted by a Filipino Citizen, who has knowledge of any conspiracy against them , and shall
conceal or shall not disclose and make known the same , as soon as possible tp the governor,
maypr or fiscal of the pkace in whichbhe resodes.

Failure to report conspiracy to commit treason and not failure to report the crime of treason.

Treaon and porpoal and conspiracy to commit treason ( Filipino citizen and a resident alien)
Misprision to treason ( Filipino citizen)

4. Espionage
1. Any person who, without authority therfor , shall enter a warship, fort or naval or military
establishmenmt or reservation to obtain information , plan , photographs or other data of a
confidential nature relative to the defense of the Philippines.
2. Public Offcier , who shall disclose to a representative of a foreign nation the contents of
articles, data or information of a confidential narture relative to the defense of the
Philippines, which is in his possession by reason of his office.

5. Inciting to war or giving motives for reprisal

Any public officer, or employee or any private individual who, by unlawful or unauthorized acts,
provokes or gives occasion for a war involving or liable to involve the Philippines or exposes
Filipino Citizens to reprisals on their persons or property.

6. Violation of Neutrality
7. Correspondence to Hostile Country
Committed by any person who, in time of war, shall have correspondence with an nemy
country or territory occupied by enemy troops.
1. If the correspondence has been prohibited by the goevrnemtn
2. Correspondence carried on in ciphers or conventional signs
3. If notice or information be given thereby ehihc might be useful to the enemy
4. The offender intended to aid the enemy by giving such notice or information.
8. Flight to enemy’s country
9. Piracy
 Committed by any person who, not being a member of complement of a vessel nor a passenger
thereof, shall attack or seize the whole or part of the cargo thereof.

Qualified Piracy.
1. By boarding or firing upon the same
2. Abandoned their victims wiyhout the means of saving themselves
3. Accompanied by muder, homicide, rape or hysical injuries.

10. Mutiny

Title 2- CRIMES AGAINTS FUNDAMENTAL LAWS OF THE STATE

1. ARBITRARY DETENTION
Committed by any public officer or employee who detains a person without legal grounds.

b. DELAY IN THE DELIVERY OF THE DETAINED PERSON

Committed by any public officer who shall fail to deliver a persn detined for some legal
groubds to the porper judicial authorities within the period of:
12 hrs- light penalties
18 hrs- correctional penalties
36 hrs- afflictive penalties or capital punishment.

The means of communication as well as the hour of the arrest and other
circumstances, such as the time of surrender and the material possibility for
the fiscal to make the investigation and file in time the necessary information ,
must be taken into consideration.

Judicial Authorities means the court vested with judicial power to order the
temporary detention or confinement of a person charged with habing
committed a public offense, that is, the SC and such inferior courts as may be
established by law.

Delivery is the maming of an accusation or charge or filing of an information

agaginst him with the corresponding court, whereby the latter acquires
jurisdiction to issue an order of reelease or of commitment of the prisoner.

c. DELAYING THE RELEASE

Committed by any public officer who delays the performance of any juducila or
executive order for the release of a prisoner or detention prisoner , or unduly delays the
service of notice to said prisoner or the proceedings upon any petition for the liberation
of such person.
 2. EXPULSION
Committed by any public officer who expels any person from the Philippines or compels
him to change his residence without being auhtprized by law.

3. VIOLATION OF DOMICILE
Commmitted by any public officer who, without being authorized by judicial order
1. Enters any dwelling against the will of the owner thereof (unlawful entry)
2. Searches papers or other effects found therein without the previous
consent of such owner or (unlawful search)
3. Surreptitiously eneters it and refuses to leave after being required to do so.
(refusal to leave)

Surreptitiously or secretly entering the domicile is not a violation to domicile unless there is unlawful
search na or refusal to leave.

4. OBTAINING AND SERVING WARRANT

Title 3 CRIMES AGAINST PUBLIC ORDER

1. Rebellion or insurrection
Is committed by multitude of persons who rise publicly and take arms against
the government for the purpose.
a. Removing the territory of the phil or part thereof or its armed forces from the allegiance
to said government or its lws,
b. Depriving the chief executive or the legislature of any of their powers or prerogatives or
part thereof

Whetehr the uprisers sought a minor or major change in the government , they shall be
prosecuted for the crime of rebellion or insurrection.

Coup d’etat
Committed by a ilitray, police or public officer , with or without support or participation of
civilians , who swift;y and singly or simultaneously attacks by mean sof violence ,
intimiditaion , threat , strategy or stealth , the duly constituted authorities of the Philippines

Copu d ‘etat is the seizure or diminution of the state power.

Sedition
Those who rise publicly or tumultuously and by means of force, intimidation or by other
means outside the legal methods, in order.
a. To prevent promulgation or execution of any law, execution of admi order or the
holding of a popular election or the free exercise of functions of any public officer or the
government
 b. To inflict any act of hate or revenge against private person or any social class for any
political or social end or upon the person or porty of any piubli officer
c. To despoil any person , or government of its property for any political or social end.

The proposal to commit the following felonies are punishable:

1. Treason
2. Rebellion
3. Coup d’etat

DISLOYALTY OF PUBLIC OFFICER

Disloyalty of public officer is committed by public offciers who fail to resist a rebellion by all
means in their power, or continue to discharge the duties of their offcies under the control of the rebels,
or accepts appointment to the office under them.

Illegal assemblies is committed by the organizers or leaders of, and person present at, a meeting
attended by armed persons

It is submitted that to make a persons who attended the illegal assembly criminally liable, they must be
incited to commit treason, rebellion, sedition or direct assault.
If any person present at the meeting carries an unlicensed firearm , it shall be presumed that the
purpose of said meeting, insofar as he is concerned , is to commit a felony.

Illegal assembly vs. illegal asscociation

1. Illegal assembly , it is necessary that there must be an actual meeting or assembly
Illegal association not necessary that there be an actual meeting.

2. Illegal assembly- it is the meeting or attednace that I spunished

Illegal association- forming or organizing and joining in the association that are punished.

Prohibition , interruption or dissolution of peaceful meeting

Public Officer acting in his official capacity can commit this crime- interruption of peaceful
meetings

Private individual- disturabance of public order.

Dapat mga third persons sila, kung kasali sila sa meeting misom- unjust vexarion.

Interruption of religious worship. Committed by a public officer

Unjuist vexation or offending religious feeling – commited by a private person.
 Alarm and scandal

Is an act constitutuing disturbance of public order committed by

1. Any person who discharges firearm, rocket, firecrackers , or other explosives in town or
public place calculated to cause alarm or danger.
2. Any person who instigate or takes active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
3. Any person who disturbs the public peace while wandering about at night or while engaged
in any nocturnal amusements.
4. Any person who, while intoxicated or otherwise , cause any disturbsance or scandal in public
place.
There must be a criminal intent to do the same.

Tumutuous disturbance committed by atleast 4 armed malefactors.

Direct Assault
1. Is committed by any person who, without a public uprising, employs force or intimidation
for the attainment of a purpose iof rebellion and sedition.

2. Direct assault is also committed by any person who shall attack, employ force or seriously
intimidate or resist a person in authority or his agents, while engaged in the performance of
official duties or occasion of such performance.

Attack, force or seruiusly intimidate.

Direct assault and resistance

Person in authority
-. Those who are vested with jurisdiction are persons in authproty
Chief of police, mayor, member of the court, member of the board, commission or
GOCC
Teachers, lawyers, porfessors and supervisors ( only for purposes of direct assault and
resistacnace)

Agent of authority
LEA
Law, election or appointment of aperson in auhrity.

Attacking, employing force and serious intimidation must be applied to an agent of authority for it to be
liable for direct assault otherwise only simple resistance.

In attacking, employing force, and intimidatioj is immaterial if authority.

Agent of authority- preservation of law, peace and order.

On the occasion of the performance of duty.

The phrase ON THE OCCASION OF SUCH PERFORMANCE used in article 148 means BY REASON
OF THE PAST PERFROMANCE OF OFFICILA DUTY.
If the person in authority or his agent is enagaged in the actual performance of duties at the time of the
assault , the motive for the assault is immaterial. If not enagage in the actual performance of dutues at
the time of the assault, the motive is material.

Indirect assault
Committed by any person who makes use of force or intimidation upon a person coming
to the aid of a na agent of erpsobn in authority on the occasion of direct assault.

Resistance is committed by any [erson who resists a person in authproty or his agents, while
engaged in the performance of official duties provided that the act is not constitutive of direct
assault.

Resisting areest without intent to defy the law and its representative at all hazard is simple
resistance.

DISOBEDIENCE is committed by any person who disobeys a person in authority , or his agent ,
while engageg in the performance of official duties provided that the act does not constitute
direct assau;t.

Simple resistance and disobedience can only be committed if the person in authority or his
agent is enagaged in the [performance of duty

Direct assailt can be committed by reason of pasr performance of duty.

Evasion of Service of sentence

Committed by any convict , who shall evade the service of his sentce by reason of a final
judgment while suffering deprovation iof liberty by escaping in case of imprisonment, by
entering into a prohibited place in case of destierro and by returning to the Philippines in case of
deportation.

Detention prisoner is liable for direct assault

Convicted prisoner liable for evasion of servoice of sentence.

Evasion of service of sentence is a continuing crime.

Destierro is not a continuing crime.
 Delivery of prisoners from jail
Committed by any person who removes from any jail or penal establishment any person
confined therein or helped the escape of such person.

Infidelity in the custody of prisoners

Committed by any public officer who consents to the escape of a prisoner sentenced by final
judgment or a detention prisoner in his custody or charge , or allws

If evason is committed with consent- conniving with or consenting to evasion

Through negligence- ecvasion through negligence

Only Custodian can commit infidelity in the custody of prisoner.

Escape of prisoner under custody of private person

Evasion on occasion of calamity

IV CRIMES AGAINTS PUBLIC INTEREST

Forgery or counterfeiting
One who forges such instrument by giving it the appearance of a true and genuine document or
erases , substitute, counterfeits or alters it by any means the figures , letters, words or signs
contained tgerein.
Who imports forged instrument
who utters it with or without connivance with forgers or importers

Mere possession will not make the latter liable. But intent to use the same.

Falsification of document

1. A public officer or notary who, taking advantage of his official position, falsifies a
document
2. An ecclesiastical minister who falsifies document of such character that its
falsification may affect the civil status of persons
3. A private indivudal who falsifies public or official document or commercial
document such as letter of exchange
4. Any person who falsifies private document to the damage of a third party or with
intent to cause such damage.

Two elements of falsification of document

1. Act of falsification
2. The acts of falsification are made on a document
USE OF FALSIFIED DOCUMENT
Use of falsified document is committd by any person who, not being the author of falsification ,
knowingly introduices a falsified document contenpkated in art 171 or 172 in evidence.

One who will be benefited by the falsification made on public document in his possession is presumed to
be the author of falsification.

False testimony and perjury

False testimony is committed by a witness who gives false testimony under oath or solemn
affirmation in a criminal case against or in favor of the accused.

Perjury is committed by an affiant who knowingly makes untruthful statements upon any
material matter in an affidavit or a solemnly affirmend sttaemtn before a competent person
authorized to administer an oath in cases in which the law requires.

Perjury- If the document is an affidavit or sworn statemenrt hre the law requires oath such as
affidavit of complaint or verified petition.

Falsification of doucments- the document is one where there is implies or express obligation to
disclose the trhut such as community tax cert, PDS, or contract of sale.

Offering false testimony in Evidence

Committed by any person who knowingly offrs in evidence a false witness or testimony in any
judicial or official porceedings.

Using fictitious name and concealing true name

Committed by any person who publicly uses a fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or causing damge.
Fac

Usurpation of authority or official function

Committed by any person who knowingly and falsely represents himself to be a public oofcier or
a foreign officer.

RA 9165
CRIMES RELATIVE TO OPUIM AND OTHER PROHIBITED DRUGS
 bUYER-POSSESSION OF DANGEROUS DRUGS
SELLER- ILLEGAL SALE OF DA GEROUS DRUGS.

CHAIN OF CUSTODY

Thenprosecution must show the movement of the dangerous drugs from its confiscation up to
the presentation in court.

To ensure the integrity of the corpus delicti.

During the inventory, three witness rule

1. Accused
2. The elective official
3. The media or the national prosecution service representative.

Noncompliance with the requirements shall not render it void and invalid the seizures and custody over
dangerous drugs provided that the ff, requisistes are present:
1. The integrity and the evidentiary value of the seized items ate properly preserved by the
ap[prehending officer /team
2. There is JUSTIFABLE GROUND for the noncompliance of such requirement.

Title 6 CRIMES AGAINST PUBLIC M,ORALS

TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208)

1. Act of trafficking
2. Means to commit trafficking
3. Exploitive purpose.

Vagrancy is no longer a crime.

Grave scandal
Committed by any person who offends against decency or good customs by a highly scandalous conduct
not constituting other vfelony.

ANTI-GAMBLING LAWS RA9287

Illegal gambling is committed by any person who, I any manner directly or indirectly take part in
any unauthorized game scheme whther upon chance or skill, wherein wagers consisting of money,
articles of value or representative of value are at stake or made.

VII CRIME COMMITTED BY PUBLIC OFFICERS

Malfeasance performance of some act whiohc pught not to be done.

Mifeasance- improper performance of some act wich might lawfully be done
NONFEAsance- omission of some act which ought to be done
‘
A private individual acting in conspiracy with a public officer may be held liable for the applicable
offenses found in section 3 of ra 3019.\\

Malicious delay is committed by a judge guilt of malicious delay in the administration of justice

Dereliction of Duty
Committed by a public officer, or officer of the law who maliciously refarins from instituting criminal
prosecutiobn of violators of law in dereleiction of the duties of his office.

TOLERANCE is committed by an officer of the law who tolerates the commission of offenses.

REVELATION OF SECRETS AND BETRAYAL OF TRUST

DIRECT BRIBERY.
1. By agreeing to perform a criminal act
2. By accepting gift to perform a non criminal act
3. By agrreing to refrain from operforming an official duty.

In direct bribery, the act which the puclic officer agreed to commit or omits is connected with his official
duty.

Qualified Direct bribery

Committed by a public officer entrusted with law enforcement, who refrains from arresting or
prosecuting an offender who has committed a crime punishable by reclusion perpetua and or death in
consideration of gift or present given, offered or promised to him or asked or demanded by him.

Requires the offender to be a public officer entrusted with law enforcement who refrains from arresting
or prosecuting an offener in consideration of any promise , gift or present.

The qualified direct bribery can onlu be committed by a police offciers, NBI agents, prosecutor.

INDIRECT BRIBERY
Committed by public officer who shall accept gifts offered by him by reason of his office.

Direct bribery there is an agrrement.

If there is no agreement to do or not to do a function related act, liable for indirect bribery.

Requesting gifts consummates the crie, failure to receive gifts is not a defense.
MALVERSATION
Committed by public officer who, being accounbtabel for public funds or property by reason of the
duties of his office, appropriates the same , or takes ir mis appropriates or consents to the taking thereof
by ther person o permits himt o take it thorugh abandonment or negligence.

If the property is u der custodia legies, it is malversation, because custodial egis is a public property.

A public officer WHO IS NOT RESPONSIBLE FOR PUBLIC FUNDS OR PROPERTY AND WIHTOUT AUHTORITY
TO SAFEGUARD THE SAEM, CANNOT BE CONVICTED OF MALVERSTAION.

Accountable officer is onw who has custody or contirl of public property by reason of the duties of his
office.

If the public officer is not an accountable officer, qualified theft.

If acquired through false pretense , the crime committed is estafa.

Malversation may be committed either through a positive acr of misappropriation of oublic fuinds or
poerty or passively through negligence by allowing abniother to commit such misappropriation.

Failure of an accountable officer to explain the missing finds shall be prima facie evidence of
misaaporpriation.

Failure to render accounting

1. Public officer whether in the service or separated therefrom by resignation or any other cause ,
who fails to render account to the COA or provincial auditopr as required by law or regulation
afte r2 months from the time such accounts should be rendered.
2. A public officer who unlawfully leaves or attempts to leave the Philippines without securing a
certificate from the coa showing that his accounts have been finally settled.

Technical malverstion
Illegal use of public funds or property is committed by a public officer who applies a public fund or
property under his administration to nay oublic use other thab that for which such fubnd or property
was appropriated by law or ordinance.

There must be a law or ordinance appropriating funds or momey for specific project.

VIII. CRIMES AGAINTS PERSONS

1. UNINTENTIONAL ABORTION
Committed by any person who unintentionally causes an abortion by violence.

2. ABORTION
 Committed by
1. A person who intentionally causes an abortion with violence against the regannt
women or without her consent or with her consent
2. By the pregannat woman , who practices abortion upon herself or consents that
other person should do sop whther the purpose is to concealnher dishonor or nnot
3. By the parent of the preganant woman with the consent of said woman for the
purpose of concealing her dishonor
4. By a physician or midwife
5. By a pharmaicts

Prenatal death- unintentional abortion or abortion

Postnatal death- unintentional abortion or abortion ( non-viable fetus)
Infanticide

3. INFANTICIDE
committed by any person who shall kill a child less than three days of age
4. PARRICIDE
Committed by nay person who shjall kill his father, mother or child whether legitimiate
or illegitane , or his legitimate ascendants or descendant or spouse.

Relationship in parricide is by blood except where the victim is the spouse of the
accused.

5. MURDER
Committed by any person who shall kill another person without the qualifying
circumstmance of infancticde and parricide and with any of the ff. qualifying
circumstance
(PET SAWI cCOMIC)
a. In consideration of a price , reward or promise
b. Evidebnt premeditation
c. Treachery
d. Taling advantage of superior stragthe
e. Aid of armed men
f. Weaken the defense
g. Impunity
h. Outraging ort scoffing
i. Motor vehicle
j. Inunditaion
k. Calamity

l. Cruelty
m.
6. HOMICIDE
Is committed by any person who kills another without the qualifying circumstance in
infanticide, parricide and murder.
 When the victim is below 12 years old of age, the penalty of homicide is reclusion
perpetua.

7. MUTILATION
Committed by person who shall intentionally mutilate another by depriving him, either
totally or artially , of his reproductive organ and non reproductive organ

8. PHYSICAL INJURIES
Committed by any person who, without intent to kill or mutilate , shall wound, beat or
assault another.

Below 12 yearsboldis a qualifying circumstanmce.

9. TUMULTUOS AFFRAY
10. GIVING ASSISTANCE TO SUICIDE
11. DUISCHARGE OF FIREARM
12. DUEL

ESTAFA OR SWINDLING
Committed by any person who defrauds another with unfaithfulness or abuse of confidence, by
means of flase pretense or fraudulent acts executd prior to or simulktaneuosly with the commission of
the fraud or through fraudulent means