Criminal Law: 1. Crimes Against National Security

Criminal Law
1. Crimes Against National Security
Crimes Against National Security
1. Treason (Art. 114)
2. Conspiracy and proposal to commit treason (Art. 115)
3. Misprision of Treason (Art. 116)
4. Espionage (Art. 117)
NOTE: Crimes against National Security and the Law of Nations are exceptions to the
principle of territoriality under Art. 2 of the RPC (one can be held criminally liable
even if those crimes were committed outside the Philippine Jurisdiction).
However, the prosecution of the said crimes can proceed only if the offender is already
within Philippine territory of brought to the Philippines pursuant to an extradition treaty
after the commission of said crimes.
Crimes Against the Law of Nations
1. Inciting to war and giving motives for reprisal (Art. 118)
2. Violation of Neutrality (Art. 119)
3. Correspondence with hostile country (Art. 120)
4. Flight to enemy country (Art. 121)
5. Piracy and mutiny (Art. 122)
6. Qualified Piracy and Mutiny (Art. 123)
Q: Where can crimes against the law of nations be tried?
A: As a general rule, all crimes against national security can only be committed in times
of war.
Exception:
1. Espionage
2. Inciting to war or giving motives for reprisal
3. Violation of Neutrality
4. Mutiny and piracy
2. Crimes Against National Security
Crimes Against National Security
Instructions: Read by heart the discussions and analyze the given examples found on pages
2 to 27 of the book. I cited some question for you to be guided on what to memorize and to
take note of regarding the subject given. NOTE: The questions are GUIDE QUESTIONS
ONLY. YOU ARE NOT REQUIRED TO ANSWER IT AND SUBMIT THE SAME. IT IS FOR YOU TO
TEST YOUR KNOWLEDGE BASED ON YOUR OWN READINGS.
1. TREASON (ART. 114)
What is treason?
What are the elements of treason?
What do we mean by “levying war against the Government?
What do we mean by “adherence to enemies?
What do we mean by “giving aid and comfort?
What is the 2 witnesses rule?
What do we mean by “levying war against the Government?
While the Philippines is at war with country X, Covid, a Filipino citizen, furnishes/supplies
women to the soldiers of country X. Does the act constitute treason?
While the Philippines is at war with country X, Covid, a Filipino citizen, accepted a public
office under Country X. Does the act constitute treason?
2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON (ART. 115)
How is conspiracy to commit treason committed?

How is proposal to commit treason committed?
What are the elements of conspiracy to commit treason?
What are the elements of proposal to commit treason?
3. MISPRISION OF TREASON
What are the elements of misprision of treason?
4. ESPIONAGE (ART. 117)
What is espionage?
What is the first mode of committing espionage?
What are the elements of the first mode of committing espionage?
What is the second mode of committing espionage?
What are the elements of the second mode of committing espionage?
What are the differences between espionage and treason?
3. Crimes Against the Law of Nations
Crimes Against the Law of Nations
1. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS (ART. 118)
Reprisal – it is any kind of forcible or coercive measure whereby one State seeks to exercise
a deterrent effect or to obtain redress or satisfaction, directly or indirectly, for consequences
of the illegal acts of another State which has refused to make amends for such illegal
conduct.
Reprisal is resorted to for the purpose of settling a dispute or redressing a grievance

without going to war.
Extent of Reprisals – reprisals are not limited to military action. It could be economic
reprisals or denial of entry into their country. (Ex. X burns a Singaporean flag. If Singapore
bans the entry of Filipinos, that is reprisal.)
What are the elements of Inciting to War or giving motives for reprisals?
2. VIOLATION OF NEUTRALITY (ART. 119)
What is neutrality?
What are the elements of Neutrality?
3. CORRESPONDENCE WITH HOSTILE COUNTRY (ART. 120)
What is correspondence?
What are the elements of Correspondence with Hostile Country?
4. FLIGHT TO ENEMY COUNTRY (ART. 121)
What are the elements of Flight to Enemy Country?
5. PIRACY IN GENERAL AND MUTINY IN THE HIGH SEAS OR IN PHILIPPINE WATERS
(ART. 122)
What is piracy?
What are the elements of piracy?
What mutiny?
What are the difference between piracy and mutiny?
What is the meaning of “high seas”?
6. QUALIFIED PIRACY (ART. 123)
What are the instances when piracy or mutiny is qualified?
1. Crimes against the fundamental laws of the state
Instructions: Read by heart the discussions and analyze the given examples found on
pages 40 to 83 of the book.
1. Arbitrary Detention (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125)
3. Delaying release (Art. 126)

4. Expulsion (Art. 127)
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained and abuse in the service of those legally obtained
(Art. 129)
7. Searching domicile without witnesses (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful meetings (Art. 131)
9. Interruption of religious worship (Art. 132)
10.Offending the religious feelings (Art. 133)
 Generally, offenders under this title are public officers or employees.

 Exception:
o Under Art. 133, offending the religious feelings, the offender maybe any person
o When a private person conspires with a public officer to acts as accomplice or accessory
in the commission of the crime.
 They are called crimes against “the fundamental laws of the State” because they
violate certain provisions of the Bill of Rights under the 1987 Philippine Constitution.
2. Bill of Rights
BIIL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
 Articles 124, 125 and 126 of the Code punish any public officer or employee in those
cases where an individual is unlawfully deprived of liberty.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.
 Articles 128, 129 and 130 of the Code punish any public officer or employee who
violates such rights.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
 Article 131 of the Code punishes any public officer or employee who violates the
right peacefully to assemble and petition the Government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
 Articles 132 and 133 punish violations of the right to free exercise and enjoyment of
religious profession and worship.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel
be impaired except in the interest of national security, public safety, or public health, as may
be provided by law.
 Article 127 of the Code punishes any public officer or employee who shall unlawfully
expel a person from the Philippines or compel a person to change his residence.
2. Bill of Rights
2.1. ARBITRAY DETENTION (ART. 124)

1. ARBITRAY DETENTION (ART. 124)

 It is important to note that the public officer must be vested with authority to detain
or order the detention of persons accused of a crime such as policemen and other
agents of law, judges or mayors.
 If the offender does not have the authority to detain a person or to make such arrest,
the crime committed by him is illegal detention. A public officer who is acting
outside the scope of his official duties is no better than a private person.
What are the elements of Arbitrary Detention?
When is there a detention?
What are the legal grounds on which detention by a public officer of a person is allowed?
2. Bill of Rights
2.2. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
What are the elements of Art. 125?
2. Bill of Rights
2.3. DELAYING RELEASE (ART. 126)

1. DELAYING RELEASE (ART. 126)
What are the acts punishable under Art. 126?
What are the elements of Delay in the delivery of detained persons to the proper judicial
authorities?
Give an example of Delaying Release under Art. 126.
Who are the public officers who could likely violate Art. 126
2. Bill of Rights
2.4. EXPULSION (ART. 127)

EXPULSION (ART. 127)
What are the elements of expulsion?
Give an example of expulsion under Art. 127.
2. Bill of Rights
2.5. VIOLATION OF DOMICILE (ART. 128)

VIOLATION OF DOMICILE (ART. 128)
What are the elements of Violation of Domicile?
2. Bill of Rights
2.6. SEARCH WARRANTS MALICIOUSLY OBTAINED, and ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED (ART. 129)
1. SEARCH WARRANTS MALICIOUSLY OBTAINED, and ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED (ART. 129)
What is a search warrant?
What are the elements of under Art. 129?
2. Bill of Rights
2.7. SEARCHING DOMICILE WITHOUT WITNESSES (ART. 130)

SEARCHING DOMICILE WITHOUT WITNESSES (ART. 130)
What are the elements under Art. 130?
2. Bill of Rights
2.8. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS (ART. 131)

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS (ART. 131)

2. Bill of Rights
2.9. INTERRUPTION OF RELIGIOUS WORSHIP (ART. 132) AND OFFENDING THE RELIGIOUS
FEELINGS
INTERRUPTION OF RELIGIOUS WORSHIP (ART. 132)
OFFENDING THE RELIGIOUS FEELINGS
Give examples of acts punishable under Art. 133.
1. CRIMES AGAINST PUBLIC ORDER
1. Rebellion or insurrection (Art 134)
2. Coup d’etat (Art. 134-A)
3. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection (Art. 136)
4. Disloyalty of public officers or employees (Art. 137)
5. Inciting to rebellion (Art. 138)
6. Sedition (Art. 139)
7. Conspiracy to commit sedition (Art. 141)
8. Inciting to sedition (Art. 142)
9. Acts tending to prevent the meeting of Congress and similar bodies (Art. 143)
10. Disturbance of proceedings of Congress or similar bodies (Art. 144)

11. Violation of parliamentary immunity (Art. 145)
12. Illegal assemblies (Art. 146)
13. Illegal association(Art. 147)
14. Direct Assaults (Art. 148)
15. Indirect Assaults (Art. 149)
16. Disobedience to summons issued by Congress, its committees, etc., by the

constitutional commissions, its committees, etc. (Art. 150)
17. Resistance and disobedience to a person in authority or the agents of such person (Art.
151)
18. Tumults and other disturbances of public order. (Art. 152)
19. Unlawful use of means of publication and unlawful utterances (Art. 154)
20. Alarms and scandals (Art. 155)
21. Delivering prisoners from jails (Art. 156)
22. Evasion of service of sentence (Art. 157)
23. Evasion on occasion of disorders (Art. 158)
24. Violation of conditional pardon (Art. 159)
25. Commission of another crime during the service of penalty imposed for another
previous offense (Art. 160)
2. POLITICAL CRIMES
Political Crimes – those that are directly aimed against the political order, as well as such
common crimes as may be committed to achieve a political purpose. The decisive factor is
the intent or motive.
1. REBELLION OR INSURRECTION (ART. 134)

What are the elements of rebellion or insurrection?
What are the difference between rebellion and insurrection?
Give an example of rebellion or insurrection.
2. COUP D’ETAT (ART. 134-A)
What are the elements of coup d’etat?
ART. 135. PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT
Who are liable for rebellion, insurrection and/or coup d’etat?
If the supposed rebellion is subdued/silenced but the leader is unknown, who shall be
deemed the leader thereof?
3. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR

INSURRECTION (ART. 136)
When is there a conspiracy to commit rebellion?
When is there a proposal to commit rebellion?
4. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES (ART. 137)
5. INCITING TO REBELLION OR INSURRECTION (ART. 138)
What are the differences between inciting to rebellion and proposal to commit to rebellion?
6. SEDITION (ART. 139)
Tumultuous – the disturbance or interruption shall be deemed to be tumultuous if caused

by more than 3 person who armed or provided with means of violence.
What are the difference between sedition and rebellion?
What is the difference between sedition and treason?

7. CONSPIRACY TO COMMIT SEDITION (ART. 141)
 There is no proposal to commit sedition
8. INCITING TO SEDITION (ART. 142)
What are the acts of inciting to sedition?
Give an example of uttering seditious words.
Give an example of uttering seditious speech.
9. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR
BODIES (ART. 143)
What are elements under Article 143?
10. DISTURBANCE OF PROCEEDINGS (ART. 144)
11. VIOLATION OF PARLIAMENTARY IMMUNITY (ART. 145)
Session – the term “session” refers to the entire period of time from its initial convening
until its final adjournment.
12. ILLEGAL ASSEMBLIES (ART. 146)
13. ILLEGAL ASSOCIATION (ART. 147)
What are illegal association?
What are the difference between Illegal Assemby and Illegal Association?
14. DIRECT ASSAULTS (ART. 148)
What are the 2 ways of committing the crime of direct assaults?
What are elements under the first mode of committing direct assaults?
Give an example under the first mode of committing direct assaults?
What are elements under the second mode of committing direct assaults?
Give an example under the second mode of committing direct assaults?
Who are deemed to be persons in authority? Give Examples.
15. INDIRECT ASSAULT (ART. 149)
What are the elements of indirect assault?
16. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS

COMMITTEES, SUBCOMMITTEES OR DIVISIONS (ART. 150)
What are the acts punished under Art. 150?
17. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS

OF SUCH PERSON (ART. 151)
What are the elements of resistance and serious disobedience under Art. 151?
What are the elements of simple disobedience under Art. 151?
What is the differences between direct assault from resistance or serious disobedience?
18. TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDER (ART. 153)
What are the tumults and other disturbances of public order?
19. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

(ART. 154)
What are the acts punished as unlawful use of means of publication and unlawful
utterances?
20. ALARMS AND SCANDALS (ART. 155)
What are the acts punished as alarms and scandals?
21. DELIVERING PRISONERS FROM JAIL (ART. 156)

22. EVASION OF SERVICE OF SENTENCE (ART. 157)
What are the elements of evasion of service of sentence?
Final Judgment – means judgment beyond racall. As long as a judgment has not become
executory, it cannot be truthfully said that defendant is definitely guilty of the felony
charged against him. A judgment becomes final after the lapse of the period for perfecting
an appeal or when the sentence has been partially or totally satisfied or served, or the
defendant has expressly waived his right to appeal.
23. EVASION BY VIOLATION OF CONDITIONAL PARDON (ART. 159)
What are the elements of the offense of violation of conditional pardon?
24. COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED

FOR ANOTHER PREVIOUS OFFENCE – QUASI-RECIDIVISM (ART. 160)
What are the elements of quasi-recidivism?
1. CRIMES AGAINST PUBLIC INTEREST
What are the crimes against public interest?
Acts of Counterfeiting
1. Forging the seal of the Government, signature or stamp of the Chief Executive (Art.
161)
2. Using forged signature, seal or stamp (Art. 162)
3. Counterfeiting coins (Art. 163)
4. Mutilations of coins (Art. 164)
5. Forging treasury or bank notes or other documents payable to bearer (Art. 166)
Act of Forgery
1. Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of
Credit (Art. 168)
2. How Forgery is Committed (Art. 169)
Acts of Falsification
1. Falsification of legislative documents (Art. 170)
2. Falsification by public officer, employee or notary ecclesiastical minister (Art. 171)
3. Falsification by private individuals (Art. 172)
4. Falsification of wireless, cable, telegraph and telephone messages (Art.173)
5. Falsification of medical certificates (Art. 174)
6. Using False Certificates (Art. 175)
7. Manufacturing and Possession of Instruments or Implements for Falsification (Art. 176)
Other Falsities
1. Usurpation of Authority or Official Functions (Art. 177)
2. Using Fictitious and Concealing true name (Art. 178)
3. Illegal Use of Uniforms and Insignia (Art. 179)
4. False Testimony Against a Defendant (Art. 180)
5. False Testimony Favorable to the Defendant (Art. 181)
6. False Testimony in Civil Cases (Art. 182)
7. False Testimony in Other Cases and Perjury in Solemn Affirmation (Art. 183)
8. Offering False Testimony in Evidence (Art. 184)
9. Machinations in Public Auctions (Art. 185)
10. Monopolies and Combinations in Restraint of Trade (Art. 186)

11. Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold,
Silver, or other Precious Metals or their Alloys (Art. 187)
1.1. FOLLOWING (A)

1. COUTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINES
ISLANDS, FORGING THE SIGATURE OR STAMP OF THE CHIEF EXECUTIVE (ART. 161)
What are the punishable acts under Art. 161?
2. USING FORGED SIGNATURES OR COUNTERFEIT SEAL OR STAMP (ART. 162)
3. MAKING AND IMPORTING AND UTERRING FALSE COINS (ART. 163)
4. MUTILATION OF COINS (ART. 164)
5. SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE (ART. 165)
6. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO

BEARER; IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS (ART. 166)
What are the acts punished under Article 166?

7. COUNTERFEITING, IMPORTING, AND UTTERRING INSTRUMENTS NOT PAYABLE

TO BEARER (ART. 167)
8. ILLEGAL POSSESSION AND USE OF FALSE TRESURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT (ART. 168)
9. FALSIFICATION OF LEGISLATIVE DOCUMENTS (ART. 170)
1. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL

MINISTER (ART. 171)
What are the 8 ways of committing falsification?
What are the elements falsification under paragraph 1 of Art. 171?

2. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

(ART. 172)
What are the acts punished under Article. 172?
3. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES,

AND USE OF SAID FALSIFIED MESSAGES (ART. 173)
4. FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE,

AND THE LIKE (ART. 174)
What is a certificate?
Who are the persons liable for falsification of certificates?
5. USING OF FALSE CERTIFICATES (ART. 175)

6. MANUFACTURING, IMPORTING, AND POSSESSION OF INSTRUMENTS OR

IMPLEMENTS INTENDED FOR THE COMMISSION OF FALSIFICATION (ART. 176)
7. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (ART. 177)
What is usurpation of authority?
What is usurpation of function?
8. USING FICTITIOUS NAME AND CONCEALING TRUE NAME (ART. 178)
What is a fictitious name?
What are the elements of using fictitious name?
What are the elements of concealing true name?
What is the difference between use of fictitious name and concealing true name?
9. ILLEGAL USE OF UNIFORMS OR INSIGNIA (ART. 179)

FALSE TESTIMONY – committed by a person who, being under oath and required to
testifiy as to the truth of a certain matter at a hearing before a competent authority, shall
deny the truth or say something contrary to it.
Testimony given in:
1. Criminal cases
2. Civil cases
3. Other cases
 False testimony cannot be committed thru negligence. It requires criminal intent. The
reason why it punished is because falsehood is always reprehensible; but it is
particularly odious when committed in a judicial proceeding, as it constitutes an
imposition upon the court and seriously exposes it to a miscarriage of justice.
10. FALSE TESTIMONY AGAISNT A DEFENDANT (ART. 180)
What are the elements of false testimony against a defendant?
11. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT (ART. 181)J
What are the elements of false testimony favorable to the defendant?
12. FALSE TESTIMONY IN CIVIL CASE (ART. 182)
What are the elements of false testimony in civil cases?
13. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION

(ART. 183)
What is perjury?
What are th e 2 ways committing perjury?
What are the elements of perjury?
What is an oath?
What is an affidavit?
What is “material matter”?
What is the difference between perjury and false testimony?
What is subornation of perjury?
14. OFFERING FALSE TESTIMONY IN EVIDENCE (ART. 184)
15. MACHINATIONS IN PUBLIC AUCTIONS (ART. 185)
What are the acts punishable under Article 185?
What are the elements of soliciting gift or promise?
What are the elements of attempting to cause bidders to stay away?
1.2. FOLLOWING (B)

1. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (ART. 177)
What is usurpation of authority?
What is usurpation of function?
2. USING FICTITIOUS NAME AND CONCEALING TRUE NAME (ART. 178)

What is a fictitious name?
What are the elements of using fictitious name?
What are the elements of concealing true name?
What is the difference between use of fictitious name and concealing true name?
3. ILLEGAL USE OF UNIFORMS OR INSIGNIA (ART. 179)
FALSE TESTIMONY – committed by a person who, being under oath and required to
testifiy as to the truth of a certain matter at a hearing before a competent authority, shall
deny the truth or say something contrary to it.
Testimony given in:
1. Criminal cases
2. Civil cases
3. Other cases
 False testimony cannot be committed thru negligence. It requires criminal intent. The
reason why it punished is because falsehood is always reprehensible; but it is
particularly odious when committed in a judicial proceeding, as it constitutes an
imposition upon the court and seriously exposes it to a miscarriage of justice.
4. FALSE TESTIMONY AGAISNT A DEFENDANT (ART. 180)

What are the elements of false testimony against a defendant?
5. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT (ART. 181)J
What are the elements of false testimony favorable to the defendant?
6. FALSE TESTIMONY IN CIVIL CASE (ART. 182)
What are the elements of false testimony in civil cases?
7. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION

(ART. 183)
What is perjury?
What are th e 2 ways committing perjury?
What are the elements of perjury?
What is an oath?
What is an affidavit?
What is “material matter”?
What is the difference between perjury and false testimony?
What is subornation of perjury?
8. OFFERING FALSE TESTIMONY IN EVIDENCE (ART. 184)
9. MACHINATIONS IN PUBLIC AUCTIONS (ART. 185)

What are the acts punishable under Article 185?
What are the elements of soliciting gift or promise?
What are the elements of attempting to cause bidders to stay away?
NOTE: ARTICLE 186 HAS BEEN REPEALED BY THE PHILIPPINE COMPETITION ACT
RA 8293, otherwise known as the Intellectual Property
2. DOCUMENT
Document – it is any written instrument by which a right is established or an obligation is

extinguished, or every deed or instrument executed by person by which some dispostions
or agreement is proved, evidenced or set forth.
Kinds of documents
1. Public document – any instrument notarized by a notary public or competent public

official with solemnities required by law.
Examples:
a. Civil service examinations papers
b. Official receipt required by the government to be issued upon receipt of money for
public purposes
c. Residence certificates
d. Driver’s license
2. Official Document – any instrument issued by the government or its agents or officers
having authority to do so and the offices, which in accordance with their creation, they are
authorized to issue
Example: Register of attorneys officially kept by the Clerk of the Supreme Court in which it is
inscribed the name of each attorney admitted to the practice of law.
NOTE: Public Document is broader that the term official document. Before a document may
be considered official, it must first be public document. To become an official document,
there must be a law which requires a public officer to issue or to render such document.
3. Private Document – every deed or instrument by a private person without the

intervention of the notary public or of any other person legally authorized, by which
document some disposition or agreement is proved, evidenced or set forth.
4. Commercial Document – any instrument executed in accordance with the Code of

Commerce of any mercantile law containing disposition of commercial rights or obligations.
Example:
a. Bills of exchange
b. Letter of credit
c. Checks
d. Quedans
e. Drafts
f. Bills of lading
1. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Note: Artcles 190 to 193 of the RPC were repealed by RA 6425, known as the
“Dangerous Drugs Act of 1972,” which took effect on March 30, 1972, as amended by
P.D. No. 1683 and further amended by RA 7659.

RA 9165, known as the “Comprehensive Dangerous Drugs Act of 2002, “ which took effect
on July 4, 2002, repeased RA 6425 and amended RA 7659
Note: RA 9165 is to be discussed under Special Penal Laws
1. CRIMES AGAINST PUBLIC MORALS
1. Gambling (Art. 195)
2. Importation, Sale and possession of lottery tickets or advertisements (Art. 196)
3. Betting in sport contest (Art. 197)
4. Illegal betting on horse races (Art. 198)
5. Illegal **fighting (Art. 199)
6. Grave Scandal (Art. 200)
7. Immoral doctrines, obscene publication and exhibitions (Art. 201)
8. Vagrancy and prostitution (Art. 202)
Note: The provisions of Articles 195 to 199 of the RPC were repealed by PD 1602, as
amended by RA 9287 and will be discussed Special Penal Law.
GRAVE SCANDAL (ART. 200)
What is grave scandal?
What are the elements of grave scandal?
IMMORAL DOCTRINES, OBSENCE PUBLICATIONS AND EXHIBITIONS, AND INDENCE

SHOWS (ART. 201)
What is meant by obscenity?
What is the test of obscenity?
2. REPUBLIC ACT No. 9995
REPUBLIC ACT No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress

assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism
Act of 2009".
Section 2. Declaration of Policy. - The State values the dignity and privacy of every human
person and guarantees full respect for human rights. Toward this end, the State shall
penalize acts that would destroy the honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Broadcast" means to make public, by any means, a visual image with the intent that it
be viewed by a person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar activity or of capturing an image of
the private area of a person or persons without the latter's consent, under circumstances in
which such person/s has/have a reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through VCD/DVD, internet,
cellular phones and similar means or device without the written consent of the person/s
involved, notwithstanding that consent to record or take photo or video coverage of same
was given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area,
buttocks or female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means
believe that he/she could disrobe in privacy, without being concerned that an image or a
private area of the person was being captured; or circumstances in which a reasonable
person would believe that a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act
or any similar activity or to capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or female breast without the
consent of the person/s involved and under circumstances in which the person/s has/have a
reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or

recording of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording
of sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or

broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not
more than seven (7) years and a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the
discretion of the court shall be imposed upon any person found guilty of violating Section 4
of this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed
revoked and the persons liable shall be the officers thereof including the editor and reporter
in the case of print media, and the station manager, editor and broadcaster in the case of a
broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be

administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving
his/her sentence and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or
punishable for any peace officer, who is authorized by a written order of the court, to use
the record or any copy thereof as evidence in any civil, criminal investigation or trial of the
crime of photo or video voyeurism: Provided, That such written order shall only be issued or
granted upon written application and the examination under oath or affirmation of the
applicant and the witnesses he/she may produce, and upon showing that there are
reasonable grounds to believe that photo or video voyeurism has been committed or is
about to be committed, and that the evidence to be obtained is essential to the conviction
of any person for, or to the solution or prevention of such, crime.
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof,

obtained or secured by any person in violation of the preceding sections shall not be
admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation.
3. VAGRANTS AND PROSTITUTES (ART. 202)
Note: RA 10158 decriminalizes vagrancy. All pending cases on vagrancy shall be dismiss and
all persons serving sentence for vagrancy shall be immediately released upon the effectivity
of RA 10158 which is in the year 2012.
Who are prostitutes?
1. CRIMES COMMITTED BY PUBLIC OFFICERS
Instructions: Read by heart the discussions and analyze the given examples found on pages
391 to 504 of the book.
CRIMES COMMITTED BY PUBLIC OFFICERS
Activity No. 142: Who are public officers?
Activity No. 143: What is misfeasance?
Activity No. 144: What is malfeasance?
Activity No. 145: What is nonfeasance?

1. KNOWINGLY RENDERING UNJUST JUDGMENT (ART. 204)
What is unjust judgment?
2. JUDGEMENT RENDERED THROUGH NEGLIGENCE (ART. 205)
3. UNJUST INTERLOCUTORY ORDER (ART. 206)
What is interlocutory order?
4. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE (ART. 207)
5. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE (ART. 208)
Who are the offenders under Art. 208?

6. BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR – REVELATION OF SECRETS

(ART. 209)
What are punishable acts under Art. 209?
7. DIRECT BRIBERY (ART. 210)
8. INDIRECY BRIBERY (ART. 211)
What is the difference between direct bribery and indirect bribery?
9. QUALIFIED BRIBERY (ART. 212)
10. CORRUPTION OF PUBLIC OFFICIALS (ART. 212)
What are the punishable acts under the Anti-Graft and Corrupt Practices Act?
11. FRAUDS AGAISNT THE PUBLIC TREASURY AND SIMILAR OFFENSES (ART. 213)
12. OTHER FRAUDS (ART. 214)
13. PROHIBITED TRANSACTIONS (ART. 215)
14. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER (ART. 216)
Who are liable under Art. 216?
15. MALVERSATION (ART. 217)
What is embezzlement?
What are the elements common to all acts acts punishable under Art. 217?
16. FAILURE OF ACCOUNTABLE OFFICER TORENDER ACCOUNTS (ART. 218)
1. CRIMES COMMITTED BY PUBLIC OFFICERS
1.1. FOLLOWING:
1. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT BEFORE LEAVING THE
COUNTRY (ART. 219)
2. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (ART. 220)
3. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY (ART. 221)
4. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS (ART. 222)
Who are the private individual who may be liable under Articles 217 to 221?
5. CONNIVING WITH OR CONSENTING TO EVASION (ART. 223)
Example: The mayor is guilty under Art. 223, if he utilizes the prisoner’s services for domestic
chores in his house, including that of working as a cook.
6. EVASION THROUGH NEGLIGENCE (ART. 224)
Give an example under Art. 224?
7. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PBULIC OFFICER

(ART. 225)
8. REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS (ART. 226)

9. OFFICER BREAKING SEAL (ART. 227)
10. OPENING OF CLOSED DOCUMENTS (ART. 228)
What are meant by “custody”?
11. REVELATION OF SECRETS BY AN OFFICER (ART. 229)
What are the elements under paragraph1 of Art. 229?
What are the elements under paragraph2 of Art. 229?
12. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL (ART. 230)
13. OPEN DISOBEDIENCE (ART. 231)

14. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID ORDER WAS

SUSPENDED BY INFERIOR OFFICER (ART. 232)
15. REFUSAL OF ASSISTANCE (ART. 233)
16. REFUSAL TO DISCHARGE ELECTIVE OFFICE (ART. 234)
17. MALTREATMENT OF PRISONERS (ART. 235)
18. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE (ART. 236)
19. PROLONGING PERFORMANCE OF DUTIES AND POWERS (ART. 237)
20. ABANDONMENT OF OFFICE OR POSITION (ART. 238)
21. USURPATION OF LEGISLATIVE POWERS (ART. 239)
22. USURPATION OF EXECUTIVE FUNCTIONS (ART. 240)

23. USURPATION OF JUDICIAL FUNCTIONS (ART. 241)
24. DISOBEYING REQUEST FOR DISQUALIFICATION (ART. 242)
25. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY (ART.

243)
26. UNLAWFUL APPOINTMENTS (ART. 244)
27. ABUSES AGAINST CHASTITY (ART. 245)
What are ways of committing Art. 245?

Criminal Law: 1. Crimes Against National Security

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Criminal Law: 1. Crimes Against National Security

Uploaded by

Copyright:

Available Formats

Criminal Law

1. Crimes Against National Security

Crimes Against National Security

1. Treason (Art. 114)

2. Conspiracy and proposal to commit treason (Art. 115)

3. Misprision of Treason (Art. 116)

4. Espionage (Art. 117)

Crimes Against the Law of Nations

2. Violation of Neutrality (Art. 119)

3. Correspondence with hostile country (Art. 120)

4. Flight to enemy country (Art. 121)

5. Piracy and mutiny (Art. 122)

6. Qualified Piracy and Mutiny (Art. 123)

Q: Where can crimes against the law of nations be tried?

2. Inciting to war or giving motives for reprisal

3. Violation of Neutrality

4. Mutiny and piracy

2. Crimes Against National Security

Crimes Against National Security

1. TREASON (ART. 114)

What are the elements of treason?

What do we mean by “levying war against the Government?

What do we mean by “adherence to enemies?

What do we mean by “giving aid and comfort?

What is the 2 witnesses rule?

What do we mean by “levying war against the Government?

2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON (ART. 115)

How is conspiracy to commit treason committed?

What are the elements of conspiracy to commit treason?

What are the elements of proposal to commit treason?

What are the elements of misprision of treason?

4. ESPIONAGE (ART. 117)

What is the first mode of committing espionage?

What are the elements of the first mode of committing espionage?

What is the second mode of committing espionage?

What are the elements of the second mode of committing espionage?

What are the differences between espionage and treason?

3. Crimes Against the Law of Nations

Crimes Against the Law of Nations

1. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS (ART. 118)

Reprisal is resorted to for the purpose of settling a dispute or redressing a grievance

What are the elements of Neutrality?

3. CORRESPONDENCE WITH HOSTILE COUNTRY (ART. 120)

What are the elements of Correspondence with Hostile Country?

4. FLIGHT TO ENEMY COUNTRY (ART. 121)

What are the elements of Flight to Enemy Country?

What are the elements of piracy?

What are the difference between piracy and mutiny?

What is the meaning of “high seas”?

6. QUALIFIED PIRACY (ART. 123)

What are the instances when piracy or mutiny is qualified?

1. Crimes against the fundamental laws of the state

1. Arbitrary Detention (Art. 124)

3. Delaying release (Art. 126)

5. Violation of domicile (Art. 128)

7. Searching domicile without witnesses (Art. 130)

8. Prohibition, interruption, and dissolution of peaceful meetings (Art. 131)

9. Interruption of religious worship (Art. 132)

10.Offending the religious feelings (Art. 133)

 Generally, offenders under this title are public officers or employees.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the

2.1. ARBITRAY DETENTION (ART. 124)