Criminal Law 2 Notes
Title 1: Crimes against National Security and Law of the Nations
Chapter 1: Crimes against National Security
Principle of extra territoriality applies (Art. 2, RPC).
- applicable in all cases mentioned in Title 1 because all these crimes
pertain to cases that involve crimes against national security.
Art. 114 Treason
‒ breach of allegiance to a government and can only be committed by
a person who owes allegiance to it either perpetual or temporary.
‒ violation by a subject of his allegiance to his sovereign or to the
supreme authority of the State.
‒ was amended by E.O. No. 44
‒ war crime, not an all-time offense.
‒ going against patriotism
Elements:
a. that the offender is a Filipino citizen or an alien residing in the
Philippines;
b. that there is war in which the Philippines is involved;
c. that the offender is either;
● levies war against the government; or
● adheres to the enemies, giving them aid or comfort.
Levies war against the government
⎯ that there must be actual assembling of men for the purpose
of executing a treasonable design by force.
⎯ The mere act of coming together does not mean levying war,
it must show a treasonable act – there must be an overt act.
Not just mens rea, but there must be actus reus as well
⎯ If merely a civil uprising, without any intention of helping an
external enemy, the crime is not treason.
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Adherence to the enemy by giving them aid or comfort.
⎯ “adherence to the enemy” means “intent to betray”.
⎯ There is “adherence to the enemy” when a citizen intellectually or
emotionally favors the enemy and harbors sympathies or
convictions disloyal to his country’s policy or interest. However,
emotional or intellectual attachment or sympathy to the enemy
(e.g. befriending the enemy or believing in the invincibility od the
enemy), without giving the enemy aid or comfort, is not treason.
⎯ Ex. Giving them food, medical assistance or providing
ammunitions.
⎯ Giving sexual favors is not treason, but the mere fact that the
person is giving aid or comfort to the country through providing
such tantamount to adherence.
⎯ Adherence may be proved;
1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the act.
⎯ Adherence need not to be proved by two witnesses.
Extent of aid or comfort
GR: The extent of aid and comfort given to the enemies must be to
render assistance to them as enemies and not merely as individuals
and, in addition, be directly in furtherance of the enemies’ hostile
designs.
- The aid or comfort;
a. must be given to the enemy by some kind of action;
b. must be a deed or physical activity, not merely a mental
operation; and
c. must be an act that has passed from the realm of thought into
the realm of action.
- The overt act of aid or comfort must be intentional, as distinguished
from merely negligent or undersigned ones.
Allegiance
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 Criminal Law 2 Notes z.m.s.r

⎯ is meant the obligation of fidelity and obedience which the
individuals owe to the government under which they live or to
their sovereign, in return for the protection they receive.
⎯ is either;
a. permanent/absolute/complete – obligation of fidelity and
obedience which a citizen or subject owes to his
government or sovereign
b. temporary – obligation of fidelity and obedience which a
resident alien owes to our government by reason of his or
her residing in the Philippines.
The act committed need not actually strengthen the enemy.
It is not essential that the effort to aid be successful, provided overt acts
are done which if successful would advance to the interest of the enemy.
It is not the degree of success, but rather the aim for which the act was
perpetrated, that determines the commission of treason.
Two-witness rule
On Criminal Liability
Not all aggravating circumstances are present in the time of treason.
Aggravating circumstances that cannot be included, because it is already
inherent);
● Abuse of Superior Strength
● Evident premeditation
● Treachery
Aggravating circumstance/s that can be included;
⎯ Cruelty (PP v. Adlawan) – physical suffering
⎯ Ignominy– moral suffering
Art. 115 Conspiracy and Proposal to Commit Treason
GR: Conspiracy and proposal to commit a felony is not punishable
(Art. 8), under Art. 115, the mere conspiracy to commit treason is a
felony.

- Severely restrictive Conspiracy to commit treason

- Each of the witnesses must testify to the whole overt act; or if it is Elements:
separable, there must be two witnesses to each part of the overt act.
The defendant should be acquitted if only one of the two witnesses is 1. In time of war;
believed by the court. It is sufficient that the witnesses are uniform in 2. Two or more persons come to an agreement to -
their testimony on the overt act; it is not necessary that there be a. levy war against the government, or
corroboration between them on the point they testified. b. adheres to the enemies and to give them aid or comfort;
3. They decide to commit it.
- Two-witness rule is not applicable in proving crimes other than
treason such as conspiracy or proposal to commit treason,misprision Proposal to commit treason
of treason or conspiracy to commit rebellion. (2018 Bar Exam) Elements:
How to prove that the offender is a Filipino Citizen: 1. In time of war;
a. prison record which sets out his personal circumstances 2. A person who has decided to levy war against the government, or
b. testimony of witnesses who know him to have been born in the to adhere to the enemies and to give them aid or comfort
Philippines of Filipino parents. 3. Proposes its execution to some other person or persons.

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 Criminal Law 2 Notes
- conspiracy could be a crime itself.
- the time you agreed to commit treason, it is already a conspiracy.
- They proposed and decided to commit treason. There is no overt act.
- Mere act of planning and conspiring is a crime itself.
E.g. Group of armed men seized a southern island of the Philippines and
declared war against the government. X, a Filipino, and Y, a citizen of
Rwanda, agreed to help the armed men by raising funds in support of
their armed struggle. X and Y are not liable for conspiracy to commit
treason for the following reasons:
1. The armed men, who seized a southern island of the Philippines,
are liable for rebellion by rising publicly and taking up arms to
remove a southern island of the Philippines from the allegiance to
Republic of the Philippines and its laws. (see: Lagman
v.Medialdea, G.R. No. 231658, July 4, 2017) Thus,agreeing and
deciding to help the rebels by raising funds constitutes conspiracy
to commit rebellion, and not conspiracy to commit treason.
2. Treason and conspiracy to commit treason are war crimes. They
cannot be committed in times of peace. The war contemplated in
treason and conspiracy to commit treason pertains to armed
disputes between the Philippines and a foreign state, and not a
mere civil war. Since the Philippines is not at war with a foreign
state, X and Y cannot be held liable for conspiracy to commit
treason.
3. Y, for not being a Filipino citizen or a resident alien,cannot commit
treason; hence, Y cannot conspire with X in committing treason.
(2018 Bar Exam
Art. 116. Misprision of Treason
Elements;
1. The offender must be owing allegiance to the government, and
not a foreigner.
2. That he has knowledge of any conspiracy (to commit treason)
against the government.
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3. That he conceals or does not disclose and make known the same
as soon as possible to the governor or fiscal of the province or
the mayor or fiscal of the city in which he resides.
- Offender is punished as an accessory to the crime of treason, but is
punished as a principal in the crime of misprision of treason.
- Resident alien could be liable to misprision of treason because he
has temporary allegiance.
- What is being punished, is non-disclosure of information about the
knowledge of conspiracy to commit treason.
- You cannot commit misprision of treason without conspiracy to
treason.
- could either be a war crime or not.
- Two witness rule does not apply to misprision of treason.
E.g. While the Philippines is in a state of war against China, “A,”a Filipino
citizen, obtained knowledge of a correspondence between“B,”a Chinese
General, and “C,” an Italian citizen, who is a resident of the Philippines,
where the latter agreed to provide vital information on the military
defense of the Philippines to the Chinese government. However,“A” did
not immediately report the matter to the proper authorities.
“C” for being a resident alien can commit treason. Providing military
information to the war enemy of the Philippines is treason by giving aid
and comfort. However, “C” did not commit an overt act of treason. His
intention to commit treason is not yet punishable.
“B” cannot commit treason since he is a Chinese citizen, who is not
residing in the Philippines. “B” for being a Chinese General owes
allegiance to China and not to the Philippines. Since “B”cannot commit
treason, he cannot conspire with “C” to commit treason. Hence, B and C
are not liable for conspiracy to commit treason.
Since there is no conspiracy to commit treason, A cannot be held liable
for misprision of treason. Moreover, A's failure to report to the authorities
the intention of “C” to commit treason is not misprision of treason. (2010
Bar Exam)
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 Criminal Law 2 Notes
Art. 117 - Espionage
Two ways of committing espionage;
1. By entering without authority therefore, a warship, fort or naval or
military establishment or reservation to obtain any information,
plans, photographs or other data of a confidential nature relative
to the defense of the Philippines.
Elements:
a. That the offender enters any of the places mentioned
(warship, fort or naval or military establishment).
b. That he has no authority therefor; and
c. That his purpose is to obtain information, plans, photographs
or other data of a confidential nature relative to the defense of
the Philippines.
2. By disclosing to the representative of a foreign nation the
contents of the articles, data or information referred to in
paragraph No. 1 of Art. 117, which he had in his possession by
reason of the public office he holds.
Elements:
a. That the offender is a public officer.
b. That he has in his possession the articles, data or information
referred to in paragraph no. 1 of Article 117, by reason of the
public office he holds.
c. That he discloses their content to a representative of a foreign
nation.
- Obtaining information is not necessary, but the mere purpose of
obtaining any information when he entered those places mention in
Art. 117 (1) is already an espionage.
- Public officer – disclosing information to a representative of a foreign
country.
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- The offender is any person, whether a citizen or a foreigner, a private
individual or a public officer.
- When the offender is a public officer or employee, the penalty next
higher in degree shall be imposed.
Treason v. Espionage
- Treason is a war crime, but espionage could be commit in time of
peace.
- Treason could be committed either by Filipino citizen or resident,
while Espionage could be committed by anyone (public officer or
employee or any private individual).
Art. 118 – Inciting to war or giving motives for reprisals
Elements:
1. That the offender performs unlawful or unauthorized acts
2. That such acts provoke or give occasion for a war involving or
liable to involve the Philippines or expose Filipino citizens to
reprisals on their persons or property
‒ Crime is committed in time of peace; intent is immaterial.
‒ Inciting to war – offender is any person
‒ Reprisals is not limited to military action, it could be economic
reprisals, or denial of entry into their country. Example. X burns
Chinese flag. If China bans the entry of Filipinos into China, that is
already reprisal.
‒ Penalty is higher when the offender is a public officer or employee.
Art. 119. Violation of Neutrality
- War crime
Elements:
1. That there is war in which the Philippines is not involved;
2. That there is a regulation issued by competent authority for the
purpose of enforcing neutrality; and
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 Criminal Law 2 Notes
3. That the offender violates such regulation.
‒ Government must have declared the neutrality of the Phil in a war
between 2 other countries.
‒ It is neutrality of the Phil that is violated
⮚ Neutrality – nation or power which takes no part in a contest of
arms going on between others.
‒ Congress has the right to declare neutrality.
Art. 120. Correspondence with hostile country
Elements:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country
or territory occupied by enemy troops
3. That the correspondence is either –
i. prohibited by the government, or
ii. carried on in ciphers or conventional signs, or
iii. containing notice or information which might be useful to the
enemy.
‒ Circumstances qualifying the offense:
a. notice or information might be useful to the enemy
b. offender intended to aid the enemy
If the offender intended to aid the enemy by giving such notice or
information, the crime amounts to treason; hence, the penalty is the
same as that for treason.
‒ Hostile country exist only during hostilities or after the declaration of
war
‒ Correspondence to enemy country – correspondence to officials of
enemy country – even if related to you.
⮚ Correspondence – communication by means of letters; or it may
refer to the letters which pass between those who have friendly or
business relations.
‒ It is not correspondence with private individual in enemy country
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‒ If ciphers were used, no need for prohibition
‒ If ciphers were not used, there is a need for prohibition
‒ In any case, it must be correspondence with the enemy country
‒ Doesn’t matter if correspondence contains innocent matters – if
prohibited, punishable
Art. 121. Flight to Enemy’s Country
Elements:
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be owing
allegiance to the government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority
‒ Mere attempt consummates the crime
‒ There must be a prohibition. If none, even if went to enemy country –
no violation. Hence, this provision must be implemented by the
Government.
‒ Alien resident may be guilty here.
Section Three. Piracy and Mutiny on the High Seas or in Philippine
Waters
Art. 122 – Piracy in general and mutiny on the high seas or in
Philippine waters
‒ High seas: any waters on the sea coast which are without the
boundaries of the low water mark although such waters may be in
the jurisdictional limits of a foreign gov’t
‒ Piracy in high seas – jurisdiction is with any court where offenders
are found or arrested
‒ Piracy in internal waters – jurisdiction is only with Philippine
courts
‒ For the purpose of Anti-Fencing Law, piracy is part of robbery and
theft.
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 Criminal Law 2 Notes
Two ways of committing Piracy;
a. By attacking or seizing a vessel on the high seas or in Philippine
waters; and
Elements:
1. That a vessel is on the high seas/Philippine waters
2. That the offender is any person; and
3. That the offender shall attack or seize that vessel.
b. By seizing in the vessel while on the high seas or in Philippine
waters the whole or part of its cargo, its equipment or personal
belongings of its complement or passengers.
Elements:
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement or
passengers of the vessel
3. That the offender seizes the the whole or part of the cargo
of said vessel, its equipment or personal belongings of its
complement or passengers.
P.D. NO. 532
Piracy under Section 2 of P.D. No. 532 is committed by any person
including a passenger or member of the complement of said vessel, who
attacks upon or seizes a vessel, or takes away the whole or part of the
vessel or its cargo, equipment, or the personal belongings of its
complement or passengers by means of violence against or intimidation
of person, or force upon things in Philippine waters. The offenders shall
be considered as pirates.
Qualified piracy under Section 3 of P.D. No. 532 is committed when
the seizure of vessel is accomplished by firing upon or boarding a vessel;
or when the pirates abandoned the victims without means of saving
themselves; or if rape, murder or homicide, physical injuries or other
crimes are committed as a result or on the occasion of piracy. (Section 3)
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- Any person, who knowingly and in any manner aids or protects
pirates,or who directly or indirectly abets the commission of
piracy, shall be considered as an accomplice of the principal
offenders, and thus,the penalty prescribed by P.D. No. 532 for
piracy shall be graduated one degree lower.
- Aiding or protecting pirates includes giving them information
about the movement of police or other peace officers of the
government,or acquiring or receiving property taken by pirates or
in any manner derives any benefit therefrom.
Piracy under the RPC v. Piracy under P.D. No.532:
Similarities and differences between piracy under the Revised Penal
Code, and piracy under P.D.No.532 are as follows:
1. Criminal Act – The criminal act in both piracy under the Revised Penal
Code and piracy under P.D. No. 532 is attacking upon or seizing a
vessel, or taking away or seizing the vessel,or other properties with intent
to gain.
2. Mode of Commission — In piracy under P.D.No.532, the seizure or
taking must be committed by means of violence or intimidation against
person, or force upon things (such as destroying the door of a vessel's
room). On the other hand, the Revised Penal Code has not mentioned
“by means of violence or intimidation against person or force upon
things”as an element of or as a mode of committing piracy.
In 2006 Bar Exam, the offenders, who are from a vessel, took properties
from another vessel while the crew were sleeping.There is no violence or
intimidation against person or force upon things. The panel organized by
UP LawCenter suggested that the crime is piracy under the Revised
Penal Code.
Piracy under P.D. No. 532 is similar to robbery while piracy under the
Revised Penal Code is similar to theft or robbery.
3. Offender — Under the Revised Penal Code, a pirate is any person,
who is not a member of complement of a vessel nor a passenger thereof.
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 Criminal Law 2 Notes z.m.s.r

In sum, a pirate must be an outsider. Under P.D. No. 532, a pirate is any
person including a passenger or member of the complement of the
vessel. Thus, a pirate can be an outsider or insider.

4. Vessel – A ship or vessel constituting the dwelling of one or more

persons is not a vessel within the meaning of P.D. No. 532.

The Revised Penal Code provides no definition of a vessel for purposes

of piracy. Hence, vessel for purposes of piracy under the Code is
generic, and it is not confined to passenger, cargo or fishing vessel.
However, under Article 301 of the Revised Penal Code,for purposes of
robbery by using force upon things, a ship or vessel constituting the
dwelling of one or more persons is considered as an inhabited house.

If the accused used force upon thing (e.g., breaking the window) to enter
into a residential vessel, and thereafter, took personal properties therein,
the crime committed is piracy under the Code if the accused is an
outsider, or robbery by using force upon thing if he is an insider.
Accused is not liable for piracy under P.D.No.532 since the crime is not
committed in a passenger, cargo or fishing vessel.
5. Place of Commission — In piracy under P.D. No. 532, the vessel
where the crime is committed must be in Philippine waters and the
12-mile territorial water such as Manila Bay. (1970 Bar Exam) Beyond
this point are high seas for purposes of piracy.
RPC - Philippine waters and High Seas
Article 123 - Qualified Piracy – The penalty of reclusion perpetua to
death shall be imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the following
circumstances:
1. Whenever they have seized a vessel by boarding or firing
upon the same;
2. Whenever the pirates have abandoned their victims without
means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide,

physical injuries or rape.

The differences between piracy and mutiny are as follows:

(1) in piracy, the criminal act is taking or seizing property with intent
to gain; in mutiny, the criminal act is resisting the authorities in the
vessel;
(2) the concept of piracy is similar to robbery or theft where intent to
gain is an element; the concept of mutiny is similar to coercion
where intent to gain is not an element; and
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 Criminal Law 2 Notes
(3) in piracy under the Revised Penal Code, the pirate must not be a
passenger or member of the complement of the vessel; however,
in piracy under P.D. No. 532, the pirate is any person; in mutiny,
the mutineer must be a passenger or a member of the
complement of the vessel. (1968 Bar Exam)
ANTI-HIJACKING LAW R.A. NO. 6235
There are two kinds of hijacking, to wit: hijacking involving Philippine
aircraft and hijacking involving foreign aircraft.
Philippine Aircraft
Hijacking is committed by a person, who compels a change in the course
or destination of an aircraft of Philippine registry, or seizes or usurps the
control thereof, while it is in flight. (2013 Bar Exam)
- An aircraft is in flight from the moment all its external doors are
closed following embarkation until any of such doors is opened
for disembarkation. (Section 1 of R.A. No. 6235)
- The concept of hijacking is similar to that of coercion or mutiny
and not of robbery, theft or piracy. Intent to gain is not an element
of hijacking
Title 2: Crimes against the Fundamental Laws of the State
ARTICLE 124. Arbitrary Detention
ELEMENTS:
1. That the offender is a public officer or employee (whose official
duties include the authority to make an arrest and detain persons;
jurisdiction to maintain peace and order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be
committed if with warrant).
There are three ways of committing arbitrary detention:
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1. by detaining a person without any legal cause or ground therefor
purposely to restrain his liberty
2. by delaying delivery to the proper judicial authority of a person
lawfully arrested without a warrant; and
3. by delaying release of a prisoner.
When is there a valid detention?
1. The accused committed a crime
2. A person suffering violent insanity or any other ailment requiring
compulsory confinement (e.g. COVID-19).
ARTICLE 125. Delay in the Delivery of Detained Persons to the
Proper Judicial Authorities
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial authority
within:
a. 12 hours, if detained for crimes/offenses punishable by
light penalties, or their equivalent
b. 18 hours, for crimes/offenses punishable by correctional
penalties, or their equivalent or
c. 36 hours, for crimes/offenses punishable by capital
punishment or afflictive penalties, or their equivalent
- The detention in the beginning is legal → it becomes illegal if not
delivered to the proper judicial authorities.
- Delivery - filing of a necessary complaint.
- Note: 12, 18, 36 - starts the moment the person is in custody of
the law; the liability will lapsed. It will stop once the complaint is
submitted. It will lapse with or without a warrant.
- BUT, this can be waived. The accused may ask for a prelimary
investigation and the waiver must be in:
a. In writing;
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 Criminal Law 2 Notes
b. With consent
c. With the assistance of a counsel.
NOTE: This is NOT applicable for light felonies as it does not
require a preliminary investigation.
ARTICLE 126. Delaying Release
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a proceeding upon
a petition for the liberation of such person
3. That the offender without good reason delays:
a. the service of the notice of such order to the prisoner, or
b. the performance of such judicial or executive order for the
release of the prisoner, or
c. the proceedings upon a petition for the release of such
person
Who is usually liable for this offense?
- It is the public officers who are in charge of detaining a person.
The offenders are liable for 2 acts:
1. Process server (in courts)
2. Detainer - wardens and jailers
Art. 124-126 are similar and are only different on the way of detaining.
E.g. Public officer detained Sir for 30 mins. Is the officer liable?
- Yes, he is liable for arbitrary detention. The amount of time of
detention was immaterial. There was no legal ground for the
detention.
ARTICLE 127. Expulsion
ELEMENTS
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1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or compels a
person to change his residence
3. That the offender is not authorized to do so by law
2 acts punishable:
1. by expelling a person from the Philippines
2. by compelling a person to change his residence
ARTICLE 128. Violation of Domicile
ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects
3. That he commits any of the following acts:
a. entering any dwelling against the will of the owner thereof
b. searching papers or other effects found therein without the
previous consent of such owner
c. refusing to leave the premises, after having surreptitiously
entered said dwelling and after having been required to
leave the same
What if the criminal is inside the domicile?
- Then the officer may be exempt through the justifying
circumstance of fulfillment of duty.
Unlawful entry
- Any act of unlawful entry is a violation of domicile.
Is there a violation of domicile if it is not the owner who stopped the
offender from entering?
- Yes. It is not only the owner but also its inhabitants who may stop
someone from entering the dwelling.
What may be the defense of the offender for violation of domicile?
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 Criminal Law 2 Notes z.m.s.r

- That the owner has given his consent. However, this is only a - If you search a place not indicated in the warrant, that exceeds
defense on the first form. He may still be liable for the violation in your authority, thus making you liable.
the second and third form. - The silence of the owner does not equate to consent.

NOTE: This crime extends to violation of search warrants. The search

ARTICLE 130. Searching Domicile Without Witnesses
warrant must specifically describe the place to be searched, things to be
seized. It can be quashed if it is incomplete. ELEMENTS:

Art. 128 is thus connected with Art. 129. 1. That the offender is a public officer or employee

2. That he is armed with a search warrant legally procured

ARTICLE 129. Search Warrants Maliciously Obtained and Abuse in
the Service of Those Legally Obtained 3. That he searches the domicile, papers or other belongings of any
person
2 punishable acts:
4. That the owner, or any member of his family, or two witnesses
1. Search warrants maliciously obtained. residing in the same locality are not present
ELEMENTS: - Order of those who must witness the search:
1. That the offender is a public officer or employee - Validity of the search warrant can be questioned only in 2 courts:
2. That he procures a search warrant where issued or where the case is pending. Latter is preferred for
3. That there is no just cause objective determination of:
1. Homeowner
2. Abuse in the service of warrant or exceeding authority or using
unnecessary severity in executing a search warrant legally procured. 2. Members of the family of sufficient age and discretion

ELEMENTS: 3. Responsible members of the community (can’t be influenced by

the searching party)
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant ARTICLE 131. Prohibition, Interruption, and Dissolution of Peaceful
3. That he exceeds his authority or uses unnecessary severity in Meetings
executing the same ELEMENTS:

1. Offender is a public officer or employee

- If you use this illegal warrant and searched the place, you may be 2. He performs any of the ff. acts:
liable of both violation of domicile and search warrants a. prohibiting or interrupting, without legal ground the holding
maliciously obtained. of a peaceful meeting, or dissolving the same (e.g. denial
of permit in arbitrary manner).

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 Criminal Law 2 Notes
b. hindering any person from joining any lawful association
or from attending any of its meetings
- prohibiting or hindering any person from addressing, either alone
or together with others, any petition to the authorities for the
correction of abuses or redress of grievances
- If the offender is a private individual, the crime is disturbance of
public order (Art 153)
- Meeting must be peaceful and there is no legal ground for
prohibiting, dissolving or interrupting that meeting
- Meeting is subject to regulation
- Offender must be a stranger, not a participant, in the peaceful
meeting; otherwise, it’s unjust vexation
- Interrupting and dissolving a meeting of the municipal council by
a public officer is a crime against the legislative body, not
punishable under this article
- The person talking on a prohibited subject at a public meeting
contrary to agreement that no speaker should touch on politics
may be stopped
- But stopping the speaker who was attacking certain churches in
public meeting is a violation of this article
- Prohibition must be without lawful cause or without lawful
authority.
- Those holding peaceful meetings must comply with local
ordinances.
- Example: Ordinance requires permits for meetings in public
places. But if the police stop a meeting in a private place because
there’s no permit, the officer is liable for stopping the meeting.
ARTICLE 132. Interruption of Religious Worship
ELEMENTS:
1. That the officer is a public officer or employee
2. That religious ceremonies or manifestations of any religion are
about to take place or are going on
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3. That the offender prevents or disturbs the same
ARTICLE 133. Offending the Religious Feelings
ELEMENTS:
1. That the acts complained of were performed –
a. in a place devoted to religious feelings, or (for this
element, no need of religious ceremony, only the place is
material)
b. during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the
faithful (deliberate intent to hurt the feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful,
directed against religious tenet
- Religious ceremonies – are those religious acts performed
outside of a church, such as procession and special prayers for
burying dead persons.
- EG: The Church of Christ held a meeting at a public place and
the permit expressly states that the purpose was to hold a
religious rally. This event or act was not a religious ceremony
even if a minister is preaching because the rally was attended by
persons who are not members of the sect.
- “Acts notoriously offensive to the feelings of the faithful” - the acts
must be directed against religious practice or dogma or ritual for
the purpose of ridicule, as mocking or scoffing at or attempting to
damage an object of religious veneration.
- May be committed by a public officer or a private individual
- Offense of feeling is judged from the complainant's point of view.
Title 3: Crimes against Public Order
- Politically motivated crimes of masses or multitudes
- Not subject to extraterritoriality
- Its application is local in nature
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 Criminal Law 2 Notes
ARTICLE 134 - REBELLION OR INSURRECTION
ELEMENTS:
1. That there be a public uprising and taking up of arms against the
Government.
2. For the purpose of:
a. Removing from the allegiance to said Government or its
laws
i. The territory of the Philippines.
ii. Anybody of land, naval or other armed forces or
b. Depriving the Chief executive or Congress, wholly or
partially, of any of their powers or prerogatives.
Rebellion and insurrection are not synonymous.
Rebellion – more frequently used where the object of the movement is
completely to overthrow and supersede the existing government. It is a
crime of the masses, of the multitude. It is a vast movement of men and
a complex network of intrigues and plots.
Insurrection – more commonly employed in reference to a movement
which seeks merely to effect some change of minor importance, or to
prevent the exercise of governmental authority with respect to particular
matters or subjects.
There must be public uprising and the taking up of arms.
Treason v. Rebellion
The differences between treason, which is an American concept, and
rebellion, which is a Spanish concept, are as follows:
1. In treason, the offender levies war against the government in
adherence to an enemy; while in rebellion, the offenders engage in civil
war against the forces of government without adherence to the enemy;
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Note: The civil war in rebellion is not within the context of war under
international law, the condition of which is an indispensable element of
treason.
2.Treason includes giving aid and comfort in adherence to the enemy;
while giving aid and comfort in adherence to rebels is not rebellion unless
there is a conspiracy;
3.In treason,intention of the offenders is to betray the government by
adherence to the enemy; while in rebellion the intention of the rebels is to
remove the allegiance to the government and its laws from the territory of
the Philippines or part thereof or armed forces, or to deprive executive or
legislative power;
4.Treason can only be committed by a Filipino citizen or resident alien
while rebellion can be committed by any person;
5. Treason is a war crime while rebellion can be committed in times of
war or peace;and
6. Treason is subject to the extraterritoriality rule while rebellion is
governed by the territoriality principle.
REMINDERS:
● The crime of rebellion or of inciting it is by nature of a crime of
masses / of a multitude. It is a vast movement of men and a
complex net of intrigues and plots.
● Rebellion is also a civil war on a bigger or lesser scale, not
merely a challenge to constituted authorities.
● In rebellion or insurrection, the RPC expressly states that there
must be a public uprising and taking up of arms.
● Actual clash of arms with forces of the Government, not
necessary to convict the accused who is conspiracy with other
actually taking arms against the Government.
o Illustration: X identified herself with the rebel groups that
were openly fighting to overthrow the Government. This
act is enough to make her guilty of the crime of rebellion.
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 Criminal Law 2 Notes
Persons acting as couriers or spies for the rebels are
also guilty of rebellion.
● The purpose of the uprising must be shown.
o Illustration: The mere fact that a band of 40 individuals
entered the town and attacked the policemen and
kidnapped the mayor does not constitute rebellion. If
there is no evidence to indicate the motive or purpose
of the accused, then the crime committed herein is
kidnapping, not rebellion.
o Note that it is not necessary that the purpose of
rebellion is accomplished.
o Rebellion is committed the moment a group of rebels
rise publicly and take arms against the Government
for the purpose of overthrowing the Government by
force.
o It is not necessary that the rebels succeed in overthrowing
the Government – not necessary to consummate.
ARTICLE 134 - COUP D'ETAT
ELEMENTS:
1. That the offender is a person or persons belonging to the
military or police or holding any public office or employment.
2. That it is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth.
3. That the attack is directed against duly constituted authorities
of the Republic of the Philippines, or any military camp or
installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of
power.
4. That the purpose of the attack is to seize or diminish state
power.
● How - by a swift attack, accompanied by violence, intimidation,
threat, strategy, or stealth
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● Against whom – duly constituted authorities of the Republic,
military camp, or installation, communication networks, public
utilities, or other facilities needed for the exercise and continued
possession of power
● Where – singly or simultaneously carried out anywhere in the
Philippines
● By whom – by any person or persons, belonging to the military or
police or holding any public office or employment, with or without
civilian support or employment
● Purpose – to seize or diminish state power
NOTE: The crime of coup d’état may be committed with or without
civilian participation.
ARTICLE 135 - PENALTY FOR REBELLION, INSURRECTION OR
COUP D'ETAT.
PERSONS LIABLE FOR REBELLION, INSURRECTION, AND/OR
COUP D’ETAT:
1) The leaders
a) Any person who promotes, maintains, or heads a
rebellion or insurrection; or
b) Any person who leads, directs, or commands others
to undertake a coup d’état.
2) The participants
a) Any person who participates, or executes the
commands of others in rebellion, or insurrection.
b) Any person in the government service who
participates, or executes directions or commands of
others in undertaking a coup d’état
c) Any person not in the government service who
participates, supports, finances, abets, or aids in
undertaking a coup d’état.
Who shall be deemed the leader of the rebellion, insurrection, or
coup d’état in case he is unknown?
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 Criminal Law 2 Notes
Any person who in fact:
a. directed the others,
b. spoke for them,
c. signed receipts and other documents issued in their name, or
d. performed similar acts, on behalf of the rebels.
● The silence of an accused does not in itself constitute the
crime of insurrection. Article 134 denies and specifies the acts
punished as insurrection. Among these acts, the silence of the
accused is not enumerated. The silence is not an act but an
omission. What the law does not include, it excludes.
● The defense that an accused never took oath of allegiance to
or that they never recognized the government is not a
tenable defense in rebellion.
● Note that those who killed persons in pursuance of the
movement to overthrow the government are liable for
rebellion ONLY. If the persons killed other individuals without any
personal motive on their part but only to pursue the movement to
overthrow the duly constituted therein, the crime is not murder but
rebellion.
DOCTRINE OF ABSORPTION
Are there complex crime of rebellion with murder and other common
crimes?
- NO. The Supreme Court held that one of the means by which
rebellion is committed is by engaging in war against the forces
of the government and committing serious violence in the
prosecution of said war. This implies everything that war
connotes including: resort to arms, requisition of property and
services, restraint of liberty, damage to property, physical injuries,
and loss of life. The resulting impairment or destruction of life
and property is within the purview of engaging war and
committing serious violence. Hence, there is only ONE
CRIME – rebellion.
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HERNANDEZ RULING trenches that the crime of rebellion under the
Revised Penal Code of the Philippines is charged as a single offense,
and that it cannot be made into a complex crime. It also stresses that
murders and other common crimes committed as necessary means for
the commission of rebellion are absorbed in rebellion. The Hernandez
Ruling prohibits the complexing of rebellion with other offense committed
on the occasion thereof, either as a means to its commission or as an
unintended effect of an activity that constitutes rebellion.
● Acts committed in furtherance of rebellion are absorbed in
one singled crime of rebellion.
o Illustration: The act of killing a police officer, knowing that
the victim is a person in authority, is a mere component of
rebellion or an act done in furtherance of the said crime. It
cannot be made a basis of separate charge.
● Membership in a rebel organization does not automatically qualify
the criminal acts absorbed in rebellion (which has a lighter
penalty under the law). The burden is on the appellant to
demonstrate that his criminal acts were committed in
furtherance of rebellion.
POLITICAL OFFENSE DOCTRINE states that common crimes
perpetrated in furtherance of a political offense assume the political
complexion of the main crime of which they are mere ingredients. Hence,
common crimes cannot be punished separately from the principal
offense or complexed with the same in order to justify the imposition of a
graver penalty.
When a killing is committed in furtherance of rebellion, the killing
assumes political complexion of rebellion as it is a mere
ingredient there of. It must be prosecuted and punished as
rebellion alone. The killing is neither homicide nor murder.
● If the killings are politically motivated, the crime committed is not
murder but rebellion. The same is true with killing, robbing, and
other crimes. However, if said crimes are for private purposes
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 Criminal Law 2 Notes
without any political motivation, these crimes are separately
punished and are NOT ABSORBED IN THE REBELLION.
● Political crimes are those directly aimed against the political
order, as well as such common crimes as may be committed to
achieve a political purpose. The decisive factor is the intent or
motive.
● Public officers must take active part to be liable. The mere silence
or omission is not punishable in rebellion.
● There is NO COMPLEX CRIME OF REBELLION WITH MURDER
OR OTHER COMMON CRIMES. Any of all the acts described in
Article 132, when committed as means or in furtherance to the
subversive end becomes ABSORBED IN THE CRIME OF
REBELLION and cannot be regarded as distinct crimes
themselves.
e.g. A, B, C, D → rebellion X motivation is different hence, it is a
separate crime of murder. There should be a political not a personal
motivation and that is to remove allegiance.
ARTICLE 136 - CONSPIRACY AND PROPOSAL TO COMMIT COUP
D'ETAT, REBELLION OR INSURRECTION.
2 crimes punishable:
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion
● Conspiracy to commit rebellion – when two or more persons
come to an agreement to rise publicly and take arms against the
Government for any of the purposes of rebellion and decide to
commit it.
● Proposal to commit rebellion – when the person who has
decided to rise publicly and take arms against the Government for
any of the purposes of rebellion proposes its execution to some
other person or persons. This is an instance where the law
punishes preparatory acts.
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- Merely agreeing and deciding to rise publicly and take arms
against the government for the purposes of rebellion OR merely
proposing the commission of said acts to other people is
punishable under this provision.
- There is no conspiracy when there is no agreement and no
decision to commit said acts.
- Organizing group of soldiers, soliciting membership or funds from
the people is sufficient to show conspiracy to overthrow the
Government.
- The mere fact of giving speeches in favor of Communism does
not make one guilty of conspiracy. There is no evidence that the
hearers of the speech agreed to rise up in arms for the purpose of
overthrowing the government.
ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES.
PUNISHABLE ACTS:
1. Failing to resist a rebellion by all means in their power
2. Continuing to discharge the duties of their office under the
control of the rebels
3. Accepting appointment to office under the rebels.
● The offender must be a public officer or employee.
● The crime of disloyalty of public officers presupposes the
existence of rebellion by other person. In US v Ravidas, the
Court held that the accused could not be held liable for disloyalty
because there was not actual rebellion in the municipality. There
must be rebellion to be resisted OR the place is under the
control of the rebels.
● The offender must not be in conspiracy with the rebels.
Otherwise, he will be guilty of rebellion, nor merely disloyalty.
Reason: In conspiracy, the act of one is the act of all.
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 Criminal Law 2 Notes z.m.s.r

ARTICLE 138 - INCITING A REBELLION OR INSURRECTION. If they commit rebellion because of the proposal or incitement,
ELEMENTS: the proponent or one inciting is guilty of rebellion as a
1. That the offender does not take up arms or is not in principal by inducement.
open hostility against the Government PROVIDED THAT ARTICLE 17 (Paragraph 2 is
2. That he incites others to the execution of any of the present):
acts of rebellion By directly inducing another to commit a crime by –
3. That the inciting is done by means of speeches, a) Giving of price, or offering of reward or promise;
proclamations, writings, emblems, banners, or other b) Using words of command.
representations tending to the same end.
Requisites for words of command to be considered
INCITING TO REBELLION DISTINGUISHED FROM PROPOSAL TO inducement:
COMMIT REBELLION 1. Commander has the intention of procuring the
INCITING TO REBELLION PROPOSAL TO COMMIT commission of the crime
REBELLION 2. Commander has ascendancy or influence
The offender induces another to The offender induces another 3. Words used be so direct, so efficacious, so powerful
commit rebellion. to commit rebellion. 4. Command be uttered prior to the commission
The person who proposes has It is not required that the 5. Executor had no personal reason
decided to commit rebellion. offender has decided to commit
rebellion. NOTE: Words uttered in the heat of anger and in the
The act of inciting is done The person who proposes the nature of the command that had to be obeyed do not
publicly. execution of the crime uses make one an inductor
secret means.
ARTICLE 139 - SEDITION; HOW COMMITTED.
ELEMENTS:
NOTE: In both, the crime of rebellion should not be actually committed
1. That the offenders rise
by the persons to whom it is proposed or who are incited. If they commit
a) Publicly b) Tumultuously
rebellion because of the proposal or inciting, the proponent or the one
2. That they employ force, intimidation, or other means outside of
inciting may become a principal by inducement in the crime of rebellion.
legal methods
3. That the offenders employ any of those means to attain any of the
● Shall incite others to the execution of any acts specified in Article
following objects:
134 of this Code means that the offender incites other to rise
a) To prevent the promulgation or execution of any law or the
publicly and take arms against the Government for any
holding of any popular election.
purposes of rebellion.
b) To prevent the government or any public officer from freely
● Rebellion should not be committed. In both proposal and
exercising its or his functions or prevent the execution of any
inciting to commit rebellion, the crime of rebellion should not be
Administrative Order.
committed by the persons whom it is proposed or who are incited.
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 Criminal Law 2 Notes z.m.s.r

c) To inflict any act of hate or revenge upon the person or SEDITION FROM REBELLION, DISTINGUISHED
property of any public officer/employee. SEDITION REBELLION
d) To commit, for any political or social end, any act of hate or There must be public uprising. There must be public uprising.
revenge against private persons or any social class. The purpose of the offenders The purpose is always political.
e) To despoil, for any political or social end, any person, or the may be political or social.
government of all its property or any part thereof.
It is sufficient that the public There must be taking up of
- Nature of the crime – sedition raises commotions or uprising is tumultuous. arms against the Government.
disturbances in the State. Its ultimate object is the violation of
Purpose of the uprising is not Purpose may be to obtain
public peace or at least such a course of measures evidently
exactly against the government. independence of certain
endangers it.
Object is to merely attain by portions of territory from the
- Tumultuous - the disturbance is caused by more than 3 persons
force, intimidation, or by other government and withdrawing it
who are armed or provided with means of violence.
means outside of legal methods from the authority of the central
- In sedition, the purpose of the offender may be political or social;
to inflict an act or revenge upon government; other purposes are
while in rebellion, the purpose is always political.
the person or property of a public included.
- In sedition, the offenders need not to be private individual. Hence,
official.
public officers who commit said acts can also be punished under
this provision.
SEDITION DISTINGUISHED FROM TREASON
- Public uprising and on object of sedition must together
SEDITION TREASON
concur. If there is no public uprising, there is no sedition. If there
Raising of commotions or Violation by a subject of his
is no object of sedition, there is no sedition.
disturbances in the State. allegiance to his sovereign.
- Common crimes are NOT ABSOBRED IN SEDITION. Hence,
these are considered separate crimes. (Exception: Unlicensed
The differences between rebellion and sedition are as follows:
firearms is absorbed in the crime of sedition because of its
1. In rebellion, there must be public uprising and taking up arms
element - tumultuous)
against the government; in sedition, there must be public and
- Preventing public officers from exercising their functions OR
tumultuous uprising by means of force, intimidation, or by other
inflicting an act of hate or revenge upon the persons of a public
means outside of legal methods;
officer is sedition.
2. In rebellion,the purpose of the rebels is political while in sedition
Can sedition be committed by one person?
the purpose of the seditionists is either political or social.
- NO. Article 189 states that the crime of sedition is committed by
3. Rebellion absorbs crimes committed in furtherance thereof; the
PERSONS who rise publicly and tumultuously. Article 163 also
doctrine of absorption is not applicable to sedition. (1950 Bar
defined tumultuous: disturbance is deemed tumultuous if cause
Exam)
by MORE THAN THREE PERSONS who are armed or provided
with means of violence.
Senator Antonio Trillanes and other detention prisoners walked-out from
the courtroom during the trial of the Oakwood rebellion case on
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 Criminal Law 2 Notes
November 29, 2007. Escorted by armed supporters and civilians
including former Vice-President Teofisto Guingona, Jr., they proceeded to
Manila Peninsula Hotel and forcibly occupied it. They set up a command
center at the second floor of the hotel and made a public statement, to
wit: “We take the fateful step of removing Mrs. Gloria Macapagal-Arroyo
from the Presidency and undertake the formation ofa new
government.”Former Vice-President Guingona uttered publicly“This is
like Edsa.”
Dangerous Tendency Test
Prohibiting,interrupting or dissolving a peaceful meeting without legal
ground is a crime under Article 131 of the Revised Penal Code. To
determine if the prohibition,interruption or dissolution of the peaceful
meeting is with legal ground, the controlling test is the “clear and present
danger rule.”
On the other hand, to determine if a speech or publication constitutes the
crime of inciting to sedition, the controlling test is the “dangerous or
seditious tendency rule.” To commit the crime of inciting to sedition, the
speech or scurrilous libels must have a seditious tendency. The phrases
“tend to disturb or obstruct,”“tend to instigate others,"and “lead or tend to
stir up the people”in Article 142 is a confirmation of the “dangerous
tendency principle” as the controlling rule in determining if the speeches,
utterances or writings are seditious.
According to Dean Antonio Gregorio,the dangerous tendency rule and
not the clear and present danger rule is generally adopted in the
Philippines regarding sedition cases. It is enough that the words used
may tend to create the danger of public uprising.It is not necessary that
there be a clear and present danger of the substantive evil which the law
aims to prevent.
Membership in CPP
Rebellion is distinct from participation or membership in an organization
committed to overthrow the duly constituted government. (Buscayno v.
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Military Commissions, G.R.No.L-58284, November 19, 1981) The
presence of Crispin Beltran as chairman of Kilusang Mayo Uno during
the 1992 CPP Plenum does not automatically make one a leader of a
rebellion. Membership in the Communist Party per se does not constitute
rebellion. (Crispin Beltran v. People,G.R. No. 175013,June 1,2007)
Before, membership in Communist Party of the Philippines (CPP) is
subversion under R.A. No. 1700. (People v. Liwanag, G.R. No.L-27683,
October 19, 1976) However, R.A. No. 7636 repealed R.A. No. 1700. But
Section 2 of R.A. No.7636 expressly provides that it does not in any
manner repeal, amend or modify the provisions of the Revised Penal
Code. Thus, members of group organized to overthrow the government
by force such as CPP (People v. Evangelista, G.R. No. 36278, October
26, 1932; U.S.v. Sadian, G.R. No.1513,February 12, 1904) may be held
liable for illegal association (1951 and 1958 Bar Exams) or conspiracy to
commit rebellion.
ARTICLE 140 - PENALTY FOR SEDITION.
PERSONS LIABLE:
1. The leader of the sedition (Prision Mayor in its minimum period
and fine not exceeding Php 10,000)
2. Other persons participating in the sedition (Prision
Correccional in its maximum period and fine not exceeding Php
5,000)
ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION.
- Only conspiracy to commit sedition is punishable, not proposal to
commit sedition.
- There must be an agreement and decision to rise publicly and
tumultuously to attain any of the objects of sedition.
- An agreement and decision to attain an object of sedition
WITHOUT ANY AGREEMENT TO RISE PUBLICLY AND
TUMULTUOUSLY is NOT CONSPIRACY TO COMIT SEDITION.
Such agreement may constitute a conspiracy to commit direct
assault which is not a felony.
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 Criminal Law 2 Notes
ARTICLE 142. INCITING TO SEDITION.
ELEMENTS
1. That the offender does not take direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the act
which constitute sedition
3. That the inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations
tending to the same end.
PUNISHABLE ACTS:
1. Inciting others to commit sedition by means of speeches,
proclamations, writings, emblems
2. Uttering seditious words or speeches which tend to disturb the
public peace
a. They tend to disturb or obstruct any lawful officer in
executing the functions of his office
b. They tend to instigate others to cabal and meet together
for unlawful purposes
c. They suggest or incite rebellious conspiracies or riots
d. They lead or tend to stir up the people against the lawful
authorities or disturb the peace of the community, and the
safety and order of the Government.
3. Writing, publishing, or circulating scurrilous (meaning vulgar,
mean, foul) libels against the Government or any of its duly
constituted authorities, which tend to disturb public peace.
(ELEMENTS indicated in the second act is the same
NOTES:
- Not inciting to sedition when it is not proved that the defendant
incited the people to rise publicly and tumultuously.
- Uttering Seditious Words, illustration: Accused engaged in
discussion with other people regarding the administration of their
governor which resulted in the accused shouting a number of
times “The Filipinos, like myself, must use bolos for cutting off the
z.m.s.r
governor’s head for having recommended a bad thing for the
Filipinos.”
- Uttering Seditious Speech, illustration: Accused said that the
authorities abused by seizing the flag and for shooting innocent
women. And in view of this, the people should be united to
suppress said abuses and overthrow the present government and
establish their own for the poor.
In order to be seditious, it is not necessary that the words used
should in fact result in a rising of the people against the
constituted authorities.
- Writing, publishing or circulating scurrilous libels, illustration:
Accused took a picture making it appear that he is hanging
lifeless. Thereafter, he sent photographs to news papers with a
suicide note written by a fictitious suicide saying that he
committed suicide because he was not pleased with the current
administration.
This letter is a scurrilous libel against the government as it tends
to overthrow or undermine the government, or weaken the
confidence of the people in the government.
- A theatrical play or drama where words uttered are seditious may
be punished.
- The proposal to throw grenades in a public place intended to
cause disturbance as an act of hate or revenge against public
officers is inciting to sedition. In this case, the accused can be
held liable for two crimes: inciting to sedition and illegal
possession of hand grenades.
- Knowingly concealing such evil practices is treated and punished
as that of the principal under this provision; although ordinarily, it
is an act of the accessory.
- Use of words, emblems, NOT PERFORMANCE OF AN ACT is
punished in inciting to sedition. Article 142 punishes said actions
which tend to disturb public peace or obstruct police officers in
executing the functions of their office.
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 Criminal Law 2 Notes
- Disturbance or disorder is not necessary. The law is not aimed
merely at the actual disturbance because its purpose is also to
punish utterances which may endanger public order.
- Unlawful rumor-mongering and spreading false information which
tend to cause panic, divisive effects among the people, discredit
or distrust duly constituted authorities, or undermine the stability
of the Government endangers public order and causes damage
to the interest or credit of the State.
RULES RELATIVE TO SEDITIOUS WORDS:
● The clear and present danger rule - It is required that there
must be reasonable ground to believe that the danger
apprehended is imminent and that the evil to be prevented is a
serious one. There must be the probability of serious injury to the
State. PRESENT refers to the time element which is used to be
identified with imminent and immediate danger. The danger
must not only be probale but very likely inevitable.
● Dangerous tendency rule – The words used tend to create a
danger of public uprising. There is inciting to sedition when the
words uttered or published could easily produce disaffection
among the people and a state of feeling in them incompatible with
a disposition to remain loyal to the Government and obedient to
the laws. The dangerous tendency rule is generally adopted in
the Philippines.
REASONS WHY SEDITIOUS UTTERANCES ARE PROHIBITED
● If the State were compelled to wait until the apprehended danger
became certain, then its right to protect itself would come into
being simultaneously with the overthrow of the Government,
when there would be neither prosecuting officers nor courts for
the enforcement of the law.
ARTICLE 143 - ACT TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES.
z.m.s.r
ELEMENTS:
1. That there be a projected meeting or actual meeting of the
National Assembly or any of its committees or subcommittees,
constitutional commissions or committees or divisions, or of any
provincial boarder city or municipal council or board; and
2. That the offender, who may be any person, prevents such
meeting by force or fraud.
● Chief of police and mayor who prevented the meaning of the
municipal council are liable under this provision when the
defect of the meeting is not manifested and requires and
investigation before its existence can be determined.
o Any stranger, even if he be the municipal president
himself or the chief of police, must respect the meeting of
the municipal council as he has no right to dissolve it
through violence under the pretext of lack of notice to
some members of the council
ARTICLE 144. DISTURBANCE OF PROCEEDINGS.
ELEMENTS:
1. That there be a meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees, or any
provincial board or city or municipal council or board
2. That the offender does any of the following acts:
a) He disturbs any of such meetings.
b) He behaves while in the presence of any such bodies in such a
manner as to interrupt its proceedings or to impair the
respect due it.
● The disturbed meeting must be of a legislative body or of
provincial board or city or municipal council or board.
o Illustration: A meeting was called by the mayor.
Antonette, a police officer kept on talking although she
had been asked to keep quiet and sit down. In this case,
Antonette is not guilty of the violation of Article 144
20
 Criminal Law 2 Notes
because the meeting was not that of the municipal
council. Moreover, Antonette was not a member of the
council. At most, Antonette is liable for unjust vexation.
● The complaint for disturbance of proceeding must be filed by
a member of legislative body, cannot be prosecuted de oficio. It
may be commenced upon the WRITTEN COMPLAINT of a
member of the Municipal Board where proceedings were
disturbed although such member was not authorized by the rules
or resolution of the board.
● Congress may also punish for contempt. The one who disturbed
the proceedings is likewise punished for contempt by the
Assembly.
o The power to punish for contempt of the National
Assembly is coercive in nature. The power to punish
crime is punitive in character. Thus, the same act could
be made the basis for contempt proceedings and for
criminal prosecution.
● Disturbance created by participant in the meeting not covered by
Art. 144
ARTICLE 145 - VIOLATION OF PARLIAMENTARY IMMUNITY.
PUNISHABLE ACTS:
1) Using force, intimidation, threats, or frauds to prevent any member of
the National Assembly from (1) attending the meetings of the Assembly
or of any of its committees or subcommittees, constitutional commission
or committees or divisions thereof, or from (2) expressing his opinions, or
(3) casting his vote:
2) Arresting or searching any member while Congress is in session,
except in cases where such member has committed a crime punishable
under the Code by a penalty higher than prision mayor.
ELEMENTS FOR FIRST PUNISHABLE ACT:
1) The offender uses force, intimidation, threats, or fraud;
z.m.s.r
2) The purpose of the offender is to prevent any member of the
National assembly from ---
a. attending the meetings of Congress or any of its
committees or subcommittees, constitutional commissions
or committees or divisions thereof
b. expressing his opinions
c. casting his vote.
The offender in this first mode is ANY PERSON.
ELEMENTS FOR SECOND PUNISHABLE ACT:
1) The offender is a public officer or employee;
2) That he arrests or searches any member of the National
Assembly;
3) That the Assembly, at the time of the arrest or search, is in
regular or special session; and
4) That the member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than prision
mayor.
The offender in this first mode is ANY PERSON.
NOTES:
● It is not necessary that a member of the Assembly is actually
prevented from attending the meeting or from expressing his
opinion or casting his vote. It is sufficient that the offender, in
using force, intimidation, threats, or frauds, has the
PURPOSE TO PREVENT A MEMBER of the National
Assembly FROM EXERCISING ANY OF SUCH
PREROGATIVES.
● Parliamentary immunity does not protect members of the
Congress from responsibility before the legislative body itself.
o Parliamentary immunity not guarantee the legislator
complete freedom of expression without fear of being
made responsible in criminal or civil action before the
courts and outside the Congressional hall. But it does
21
 Criminal Law 2 Notes
not protect him from responsibility before the
legislative body whenever his words or conduct are
disorderly or unbecoming of a member there of.
● The 1987 Constitution exempts member of Congress from arrest,
while the Congress is in session, for all offenses punishable by a
penalty less than prision mayor.
ARTICLE 146. ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the Code. Requisites are
as follows:
a) That there is a meeting, gathering or group of persons, whether in
a fixed place or moving.
b) That the meeting is attended by armed persons.
c) That the purpose of the meeting is to commit any of the crimes
punishable under the Code.
2. Any meeting in which the audience, whether armed or not, is
incited to the commission of the crime of treason, rebellion or
insurrection, sedition, or assault upon a person in authority. The following
are its requisites:
a) That there is a meeting, a gathering or group of persons, whether
in a fixed place or moving.
b) That the audiences, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection,
sedition, or direct assault.
Meeting – is a gathering or group whether in a fixed place or moving
PERSONS LIABLE IN ILLEGAL ASSEMBLIES:
1. The organizers or leaders of the meeting
2. Persons merely present at the meeting
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NOTE: It is necessary that the audience is actually incited. If in the
meeting the audience is incited to the commission of rebellion or sedition,
the crimes committed are ILLEGALASSEMBLY as regards to the
organizers or leaders or persons merely present and INCITING TO
REBELLION OR SEDITION insofar as the one inciting them is
concerned
The person present at the meeting must be armed in the first form of
illegal assembly – but not all the persons present at the meeting of the
first form of illegal assembly must be armed.
The persons merely present at the meeting must have common intent to
commit the felony of illegal assembly – the absence of such intent may
exempt the person present from criminal liability.
PRESUMPTIONS:
1. If any person carries an unlicensed firearm, it is presumed that:
a) the purpose of the meeting insofar as he is concerned is
to commit acts punishable under the RPC, and
b) he is considered a leader or organizer of the meeting.
2. Not all the persons present at the meeting of the first form of
illegal assembly must be armed.
ARTICLE 147. ILLEGAL ASSOCIATIONS
Association totally or partially organized for:
1. The purpose of committing any of the crimes punishable under
the Code
2. Some purpose contrary to public morals
Public morals – refers to matters which affect the interest of society and
public convenience and is not limited to good customs
PERSONS LIABLE:
1. Founders, directors, and president of the association.
2. Members of the association.
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 Criminal Law 2 Notes z.m.s.r

ILLEGAL ASSOCIATION DISTINGUISHED FROM ILLEGAL they went into his backyard and digged. There they found unlicensed
ASSEMBLY firearms. Is it valid?
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION - No, the digging and seizing of the firearms were invalid since it
It is necessary that there is an It is not necessary that there is was not included in the search warrant that they would dig the
actual meeting or assembly of an actual meeting. backyard of Mr. X. The search warrant was illegal.
armed persons for the purpose
specified in Art. 146. Section 35 of R.A. No. 10591
It is the meeting and attendance It is the act of forming or An imitation firearm used in the commission of a crime shall be
at such meeting that is punished. organizing and membership in considered a real firearm. If the offender uses imitation firearms in
the association that is punished. committing robbery, he shall be prosecuted for robbery with special
The persons liable are: the The persons liable are: the aggravating circumstances of using loose firearms.
organizers or leaders of the founders, directors, and
meetings, and the persons president, and the members. E.g. You used an airsoft or a pellet gun for robbery.
present at the meeting. - The airsoft or pellet gun is considered as a real firearm in the
commission of the crime.
LAWS ON LOOSE FIREARM - It will be a special mitigating circumstance.
R.A. NO.10591 - It is use to perpetuate and commit the same

Loose firearm
- refers to an unregistered firearm, an obliterated or altered firearm,
firearm which has been lost or stolen, illegally manufactured
firearms, registered firearms in the possession of an individual
other than the licensee and those with revoked licenses in
accordance with the rules and regulations.
E.g. if you are the owner and your firearm is revoked or expires, you will
be liable because it is your obligation to renew it as soon as possible.
E.g. the police applied for a search warrant for your firearm but the
firearm is actually being renewed through an online application
- good faith is not a valid defense since the application is still
pending.
E.g. A search warrant is applied in Abra for firearms in the house of Mr.
X. Inside the house, they found firearms that were licensed. However,
What is the effect of loose firearms if you use it with other crimes?
- GR: Loose firearm is a punishment itself.
- EXCP: It is used to commit another crime then it becomes a
special aggravating circumstance. (e.g. homicide → murder)
Section 29 of R.A. No. 10591
The unlawful acquisition and possession of loose firearms and
ammunition is a crime.
Constructive v. Actual Ownership
- Possession within the meaning of R.A. No. 10591 includes not
only actual physical possession but also constructive possession
or the subjection of the thing to one's control and management.
E.g. A was sleeping on the floor. Immediately beside him was a clutch
bag containing a loose firearm. He was arrested. A maintained that the
23
 Criminal Law 2 Notes
bag containing the unlicensed firearm belonged to his friend, and that he
was not in actual possession thereof at the time he was arrested.
- His argument is untenable. The rule is that ownership is not an
essential element of illegal possession of firearms and
ammunition. What the law requires is merely possession,
physical, or constructive.
- The same evils, which the law penalizes, exist whether the
unlicensed holder of a prohibited weapon is its owner or a
borrower.
- Moreover, A has constructive possession over the loose firearm
since the same is under his control.
NOTE: Good faith is NOT a valid defense/ignorance is not a defense
especially in special penal laws.
E.g. A security agency delivered to X, its security guard,a firearm. X was
arrested for possession of a loose firearm. It turned out that the agency
has no license for said firearm. Is he liable?
- No. Although possession of loose firearms is malum prohibitum,
knowledge that the firearm is unlicensed is indispensable to make
the possessor criminally liable under R.A. No. 10591.
Section 31
Even though the firearm is not loose, carrying a registered firearm
outside his residence without any legal authority therefore also
punishable under the law.
Section 32
law also punishes a person who shall unlawfully engage in the
manufacture, importation, sale or disposition of a firearm or ammunition,
or a major part of a firearm or ammunition, or machinery, tool or
instrument used or intended to be used by the any person in the
manufacture of a firearm, ammunition, or a major part thereof.
Section 34
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Tampering, obliterating or altering without authority a licensed firearm,or
its identifying characteristics essential in forensic examination of a
firearm is a crime. A tampered firearm is considered as a loose firearm;
hence, possessing thereof is a crime.
E.g. You tried to improve your firearm by changing the serial number.
- It needs to be authenticated.
Can violation of this crime be a complex crime?
- NO. Settled is the rule that the components of compound crime
or complex crime proper must be felonies. Since possession of a
loose firearm is an offense punishable under special law,it cannot
be made a component of a complex crime.
E.g. If a loose firearm was used in committing robbery or homicide, can
the accused be convicted for a complex crime or in separate offenses?
- The accused cannot be convicted of a complex crime of robbery
with possession of loose firearm or complex crime of homicide
with possession of loose firearm.
- Neither the accused can be convicted of separate crimes of
robbery or homicide and possession of loose firearms.
- In this situation, the accused shall be held liable for robbery or
homicide with special aggravating circumstances of using loose
firearms. (Section 29 of R.A. No. 10591)
Crime Involving Explosive
Sections 3 and 3-A of P.D. No.1866 punish any person who shall willfully
and unlawfully manufacture, assemble, deal in, acquire, dispose, import
or possess any explosive or incendiary device, with knowledge of its
existence and its explosive or incendiary character, or any part,
ingredient, machinery, tool or instrument thereof any explosive or
incendiary device used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation.
What is an explosive or incendiary device? (Section 3 of P.D. No. 1866)
24
 Criminal Law 2 Notes
- It must be capable of producing destructive effects on contiguous
objects or causing injury or death to any person, including but not
limited to hand grenade, rifle grenade, pillbox bomb, molotov
cocktail bomb, fire bomb, or other similar explosives and
incendiary devices.
Presumed Knowledge
Mere possession of any explosive or incendiary device shall be prima
facie evidence that the person had knowledge of the existence and the
explosive or incendiary character of the device. (Section 3 of P.D.
No.1866)
Animus Possidendi
The court may determine the absence of animus possidendi in
accordance with the facts and circumstances of each case and the
application of other pertinent laws, among other things, Articles 11 and
12 of the Revised Penal Code on justifying circumstances and exempting
circumstances. (Section 3 of P.D. No. 1866)
A temporary, incidental, casual, harmless, or transient possession or
control of any explosive or incendiary device, without the knowledge ofits
existence or its explosive or incendiary character or for the sole purpose
of surrendering it to the proper authorities is not punishable. (Section 3 of
P.D. No. 1866) A temporary,incidental, casual, harmless, or transient
possession of explosive negates animus possidendi
Qualifying Circumstance of Commission of Other Crime
The penalty for possession of explosive is higher in the following cases:
1. When the crime involving explosive is a necessary means for
committing an offense under special law such as violation of gun
ban or felony such as murder, robbery, or public disturbance;
2. When the crime involving explosive is committed in furtherance of
other crime such as rebellion;
3. When the crime involving explosive is committed as an incident
to, or in connection with other crime; or
z.m.s.r
4. When the crime involving explosives is committed by reason or
on occasion of other crime.
Even if the accused, who is in possession of a grenade, did not use such
explosive in committing physical injuries against the victim, the crime
committed is still illegal possession of explosive with the qualifying
circumstance of commission of other crime since possession of explosive
is committed as an incident to or on occasion of the crime of physical
injuries.
There are two effects if the qualifying circumstance of commission of
other crime attended the commission of illegal possession of explosive,
to wit:
(1) the penalty of fine in addition to reclusion perpetua is imposable
under Section 3-B of P.D. No. 1866 as amended by R.A. No.
9516; and
(2) the rule on jeopardy shall apply under Section 3-C thereof.
Under Section 3-C, conviction or acquittal of the accused or the dismissal
of the case for possession of explosive with qualifying circumstance of
commission of other crime shall be a bar to another prosecution of the
same accused for such other crime, and vice versa.
If the offender killed a person by means of explosives, he can be
prosecuted either for murder qualified by the circumstance of by means
of explosive and aggravated by the circumstance of treachery (People v.
Comadre, G.R. No. 153559,June 8,2004;1991;2008 Bar Exams); or for
illegal possession of explosive qualifed by the circumstance of
commission of other crime. He cannot be held liable for both murder and
possession of explosive since Section 3-C of P.D. No. 1866 adopts the
rule on double jeopardy.
A rebel, who is caught in possession of a grenade, can be prosecuted
either:
(1) for rebellion, which absorbed illegal possession of explosive; or
(2) for illegal possession of explosive with the qualifying circumstance of
commission of other crime. He cannot be held liable for both crimes.
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 Criminal Law 2 Notes z.m.s.r

ELEMENTS OF THE SECOND MODE:

Terrorism and Possession of Loose Firearm or explosive 1. That the offender:
When the purpose of possession of unlicensed firearm or explosive or a. Makes an attack;
explosive, by its nature and context, is to intimidate the general public or b. Employs force;
a segment thereof, create an atmosphere or spread a message of fear, c. Makes a serious intimidation; and
to provoke or influence by intimidation the government or any d. Makes a serious resistance
international organization, or seriously destabilize or destroy the 2. That the person assaulted is a person in authority or his agent.
fundamental political, economic, or social structures of the country, or 3. That at the time of the assault the person in authority or his agent
create a public emergency or seriously undermine public safety, the a. is engaged in the actual performance of official duties;
crime committed is terrorism under R.A.No.11479. and/or
b. that he is assaulted by reason of the past performance of
E.g. A relative of SAF44 used the shell-casing as an agimat necklace. He his official duties.
went to the airport and was captured by authorities. Is he liable? c. That the offender knows that the one he is assaulting is a
- The first question is whether it is a live ammunition it is with that person in authority or his agent in the exercise of his
knowledge we will know if he had intended to have possession duties.
thereof to be used as a weapon. 4. That there is no public uprising.

ARTICLE 148 - DIRECT ASSAULTS.

TWO MODES TO COMMIT:
1) Without public uprising, by employing force or intimidation for
the attainment of any of the purposes enumerated in defining the
crimes of sedition & rebellion.
Who is the offender in a direct assault?
- Any person.
Who shall be the victim in the first mode and second mode?

- First mode: Offended party need not be a person in authority or

2) Without public uprising, by attacking, by employing force or
seriously intimidating or by seriously resisting any person in
authority (PA) or any of his agents (APA), while engaged in the
performance of official duties, or on the occasion of such
performance.
The following are the tenable victims of direct assault:
ELEMENTS OF THE FIRST MODE:
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition.
3. That there is no public uprising.
his agent. He may be a private individual if the object is to attain
an object of sedition.
- However, in the second form, the victim needs to be a person in
authority or an agent of a person in authority.
1. Persons in Authority
- those who are directly vested with jurisdiction
- they are only person in authority within their jurisdiction
and must be acting in performance of their duty
a. Executive officers
- president
26
 Criminal Law 2 Notes
- governors
- mayors
- punong barangay
b. Legislative officers
- congressman
- senators
- municipal councilors
c. Judicial officers and Lupon Tagamayapa
- justices and judges
2. Agents of a Person in Authority
- persons who are charged with the maintenance of public
order and the protection and security of life and property
by direct provision of law, election, or appointment by
competent authority.
- they must be attacked while in the function of preservation
of law, peace, and order.
a. policemen – agents of a person in authority
b. sheriff – to preserve the law and order
c. barangay tanods
d. any person who comes to the aid of persons in authority
(Art. 152)
Knowledge of the position of the victim
- It is essential that the accused has knowledge that the victim is a
person of authority or an agent of a person in authority to be held
liable.
- E.g. If the offender knows that the victim is a teacher, it is
sufficient to make him liable because ignorance of the law is not a
proper defense.
Descending to the level of private individual
- This principle is only applicable if the person in authority initiated
the fight or trouble with the accused.
z.m.s.r
- E.g. A councilor has descended to the level of a private individual
when he initiated the accused to assault him. Thus, the accused
is liable of physical injuries.
Performance of Duty
1. While engaged in the performance of duty
- The victim was attacked while performing his duty
2. On occasion of performance of duty/by reason of the past
performance of official duties
- The victim was attacked because of a performance of a
past duty.
- Purpose: to allow them to discharge their duties without
fear of being assaulted by reason thereof.
When is the motive to direct assault relevant?
1. If the person in authority or his agent is engaged in the actual
performance of duties at the time of the assault → motive is
immaterial.
2. If the person in authority or his agent is NOT engaged in the
actual performance of duties at the time of the assault → motive
is material.
When is there a past performance but there is no direct assault?
- After retirement (e.g. judges cease to hold office after the age of
70).
E.g. The mayor was attacked while campaigning for re-election. Is their
direct assault?
- None. Because the performance of duty is not present.
Criminal Act (that the offender attacks, employs force, or seriously
intimidates or resists the victim).
1. Resistance
- there must be an intent to defy the law and its
representative at all hazards.
27
 Criminal Law 2 Notes
- simple resistance is not liable.
2. Intimidation
- there must be an intent to defy the law and its
representative at all hazards.
- e.g. a detention prisoner – assaulted the guards with pistol
→ liable of direct assault
- e.g. convicted prisoner – assaulted the guards with pistol
→ liable of qualified evasion of sentence (direct assault is
absorbed)
3. Attacking or employment of force
- there must be an intent to defy the law and its
representative at all hazards.
4. Laying of hands upon a person in authority
- This is an exception. Gumban principle: The mere laying
of hands upon a person in authority whether serious or not
constitutes qualified direct assault.
- This is not applicable to the agent.
Complex Crime
- a compound crime is committed if a single act produced direct
assault and serious physical injuries.
ARTICLE 149. INDIRECT ASSAULTS.
ELEMENTS:
1. That the person in authority or his agent is the victim of any of the
forms of direct assault defined in Art. 148
2. That a person comes to the aid of the person in authority or his
agent.
3. That the offender makes use of force or intimidation upon such
person coming to the aid of the person in authority or his agent.
Illustration:
1. A chief of police is arresting a criminal suspect, Pedro. Pedro
seriously resisted and assaulted him. Juan came to the aid of the
z.m.s.r
chief of police. Pedro also assaulted Juan. Juan shall be
considered as an agent of the chief of police. The crimes
committed are qualified direct assault upon a person in authority,
and direct assault upon an agent of a person in authority.
2. A policeman is arresting a criminal suspect, Pedro. Pedro
seriously resisted and assaulted him. Juan came to the aid of the
policeman. Pedro also assaulted Juan. Since the policeman is
only an agent of a person in authority, aiding him will not make
Juan an agent of a person in authority. The crimes committed are
direct assault upon an agent of a person in authority and indirect
direct assault. – so basically, may indirect assault lang kapag ang
tinulungan ay AGENT.
3. A policeman is arresting a criminal suspect, Pedro. Pedro
resisted by punching him. Juan came to the aid of the policeman.
Pedro also punched Juan. Since the resistance is not serious, the
crime committed against the policeman is simple resistance. The
crime committed against Juan is physical injuries. Juan is not
liable for indirect assault since this crime presupposes the person
aided is a victim of direct assault. Under Article 149 of the
Revised Penal Code, indirect assault is committed by assaulting
a person coming to the aid of a person in authority on occasion of
the commission of direct assault, and not simple resistance.
(1989 Bar Exam)
QUALIFIED ASSAULT
ELEMENTS:
1. When the assault is committed with a weapon; or
2. When the offender is a public officer or employee; or
3. When the offender lays hands on a person in authority.
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY THE
NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES,
28
 Criminal Law 2 Notes z.m.s.r

BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,

SUBCOMMITTEES OR DIVISIONS.
PUNISHABLE ACTS (FIVE MODES):
1. By refusing, without legal excuse, to obey summons of the
National Assembly, its committees or subcommittees, by
constitutional commission, committees, subcommittees or
division.
2. By refusing to be sworn or placed under affirmation while being
before such legislative or constitutional body or official.
3. By refusing to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required
by them to do so in the exercise of their function.
4. By restraining another from attending as a witness in such
legislative or constitutional body.
5. By inducing disobedience to a summons or refusal to be sworn by
any such body or official.
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH PERSON.
TWO MODES:
1. Resistance and serious disobedience; and
2. Simple disobedience.
ELEMENTS OF RESISTANCE AND SERIOUS DISOBEDIENCE
1. That a person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the offender;
2. That the offender resists or seriously disobeys such person in
authority or his agent; and
3. That the act of the offender is not included in the provisions of the
articles 148, 149 and 150.

ELEMENTS OF SIMPLE DISOBEDIENCE:

It is committed by:
1. a person who refuses to obey summons to attend a witness 1. That an agent of a person in authority is engaged in the
before Congress or Constitutional Commissions or its committees performance of official duty or gives lawful order to the offender;
without legal excuse; or
2. That the offender disobeys such agent of a person in authority;
2. a witness refuses to be sworn or placed under affirmation or to
and
answer any legal inquiry or to produce any books, papers,
documents, or records in his possession, when required by them 3. That such disobedience is not a serious nature.
to do so in the exercise of their functions; or
3. a person who restrains another from attending as a witness, or
Disobedience
induces disobedience to a summons or refusal to be sworn.
- is committed by any person who disobeys a person in authority,
or his agent, while engaged in the performance of official duties
Rationale:
provided that the act does not constitute direct assault.
The power of inquiry with the process to enforce it is an essential and
appropriate auxiliary to the legislative functions. Mere request for certain
Who is the victim?
information are often unavailing and those which are volunteered are
- A person in authority or agent ENGAGED in the performance of
often inaccurate or incomplete. Thus, means of compulsion is essential
duty ONLY.
to obtain what is needed.

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 Criminal Law 2 Notes
Disobedience v. Resistance
- Disobedience is when the officer is lawfully ordering you to do or
not do something and you disobey. Resistance is when the officer
is doing something in his authority and you resist it.
- Disobedience may be serious or not serious. Simple resistance is
not serious. If disobedience or resistance involves force or
serious intimidation then it is direct assault.
Direct assault v. resistance or serious disobedience.
1. In direct assault, the person in authority or his agent must be
engaged in the performance of official duties or that he is
assaulted by reason thereof; but in resistance, the person in
authority or his agent must be in actual performance of his duties.
2. Direct assault (second form) is committed in four ways: (a) by
attacking; (b) by employing force; (c) by seriously intimidating;
and (d) by seriously resisting a person in authority or his agent;
resistance or serious disobedience is committed only by resisting
or seriously disobeying a person in authority or his agent.
3. In both direct assault by resisting an agent ofa person in authority
and resistance against an agent of a person in authority, there is
force employed, but the use of force in resistance is not so
serious, as there is no manifest intention to defy the law and the
officers enforcing it.
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCE OF PUBLIC
ORDERS; TUMULTUOUS DISTURBANCE OR INTERRUPTION
LIABLE TO CAUSE DISTURBANCE.
ACTS PUNISHED (TUMULTS AND OTHER DISTURBANCES OF
PUBLIC ORDER):
1. Causing any serious disturbance in a public place, office or
establishment;
2. Interrupting or disturbing performances, functions or gatherings, or
peaceful meetings, if the act is not included in Articles 131 and 132;
z.m.s.r
3. Making any outcry tending to incite rebellion or sedition in any
meeting, association or public place;
4. Displaying placards or emblems which provoke a disturbance of public
order in such place;
5. Burying with pomp the body of a person who has been legally
executed.
DIFFERENCE BETWEEN INCITING TO SEDITION OR REBELLION
FROM PUBLIC DISORDER:
1. For an outcry or displaying of emblems or placards to be a crime
of inciting rebellion or sedition, it is necessary that the offender
should have done the act with idea aforethought of inducing his
hearers or readers to commit the crime of rebellion or sedition;
2. But if the outcry or displaying of emblems or placards is more or
less an unconscious outburst, which although rebellious or
seditious in nature, not intentionally calculated to induce others to
commit rebellion or sedition, it is only public disorder.
3. In public disorder, the outcry is not intentionally calculated to
induce others to commit rebellion or sedition.
Basically, dapat may INTENT na mag-incite ka to sedition or rebellion.
Kapag walang intent, public disorder na agad ang i-consider mo.
Disturbance or interruption is QUALIFIED if the disturbance or
interruption is of a tumultuous character. (Penalty next higher in degree
shall be impose to offenders)
● “Tumultuous” if caused by more than three persons who are
armed or provided with means of violence.
● One who fired a submachine gun to cause disturbance but
inflicted serious physical injuries on another, may be prosecuted
for two crimes: serious disturbance and serious physical injuries
through reckless imprudence.
● outcry meaning
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 Criminal Law 2 Notes
ARTICLE 154 - UNLAWFUL USE OF MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES.
ACTS PUNISHED:
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any
false news which may endanger the public order; or cause
damage to the interest or credit of the State;
2. Encouraging disobedience to the law or to the constituted
authorities or praising, justifying or extolling any act punished
by law, by the same means or by words, utterances or
speeches;
3. Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before
they have been published officially;
4. Printing, publishing or distributing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not bear
the real printer’s name, or which are classified as anonymous.
Actual public disorder or actual damage to the credit of the
State is not necessary.
● Actual public disorder or actual damage to the credit of the
State is not necessary. The mere possibility of causing such
danger or damage is sufficient.
● “Which may endanger the public order” - If there is no
possibility of danger to the public order or of causing damage to
the interests or credit of the State by the publication of the false
news, art. 154 is not applicable.
● The offender must know that the news is false. If he does not
know, then there is no criminal liability since there is no intent.
● Note: Republic Act No. 248 prohibits the reprinting, reproduction
or republication of government publications and official
documents without previous authority.
● If they employ force, intimidation, or other means outside of legal
methods it is sedition.
● Dapat at least 4 persons ang mag-commit nito.
z.m.s.r
ARTICLE 155 - ALARMS AND SCANDALS.
ACTS PUNISHED:
1. Discharging any firearm, rocket, firecracker, or other explosive
within any town or public place, calculated to cause (which
produces) alarm of danger;
2. Instigating or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility;
3. Disturbing the public peace while wandering about at night or
while engaged in any other nocturnal amusements;
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 in not applicable.
● “Shall discharge any firearm”. Discharge should not be any
aimed at any person otherwise the offense would fall under Art,
254, punishing discharge of firearm.
● As a rule, kailangan sa public place siya ma-commit, so kapag sa
uninhabited forest siya kinommit hindi siya liable. Pero pwede
siyang ma-commit within a private place kapag within town siya.
● “Calculated to cause alarm or danger” should be “which
produces” alarm and danger according to the correct
translation of the RPC. Hence, the result, and not the intent, that
counts.
● Definition of charivari: includes a medley of discordant voices, a
mock serenade of discordant noises made on kettles, tin, horns,
etc. designed to annoy or insult.
● Kailangan i-consider mo dito kung (1) saan siya kinommit (2)
kung may intent ba. Ex. Nagpaputok siya sa bahay nila nung new
year. Liable ba siya? Hindi. Kasi walang evil intent to produce
danger or alarm.
● Kahit na magpaputok siya ng magpaputok kung wala namang
ma-aalarm or mapuput in danger, hindi siya liable.
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 Criminal Law 2 Notes
● Ex. Firing a gun at the town plaza causing a slight disturbance is
alarm and scandal. Causing a grenade to explode at the town
plaza causing serious disturbance is disturbance to public order.
ARTICLE 156 - DELIVERY OF PRISONERS FROM JAILS.
ELEMENTS:
1. That there is a person confined in a jail or penal establishment;
2. That the offender removes therefrom such person, or helps the
escape of such person.
Does a person who substitutes another to be in prison liable of delivery
of prisoners from jail?
- Yas, queen. The removal of the prisoner from jail was by means
of deceit.
- He will also be guilty of the crime of using a fictitious name under
Art. 178 since he used a fictitious name in order to conceal the
crime. It will NOT be a complex crime since the delivery was
already consummated and the use of fictitious name was not a
means to commit the delivery.
- If you provide/furnish a weapon to a prisoner as a means for
escape, you are also liable.
- Delivery of prisoners may take place OUTSIDE the penal
establishment.
E.g. A detention prisoner was taken to the hospital and his followers went
there to help his escape. Is the detention prisoner liable for evasion of
service?
- No, because evasion of service can be committed only by
CONVICTED prisoners.
Are his followers liable for the delivery of prisoners from jail?
- Yes, because he was still a prisoner and the place is immaterial.
Hospital or asylum is considered an extension of jail or prison
because it is an extension of penal institutions.
z.m.s.r
Who is the offender in this crime?
- The offender under Art. 156 is any person.
- GR: Offender is usually an outsider who removes from jail any
person therein confined or helps him escape from jail.
- BUT: it may also apply to an employee of the penal
establishment who helps the escape of a person confined
provided that he does not have the custody or charge of such a
person. If the offender is a public officer who had the prisoner in
his custody or charge, he is liable for infidelity in the custody of a
prisoner under Article 223.
- The guard of the jail who is off duty may be held liable for
delivering prisoner from jail.
- It may also apply to a prisoner who helps another prisoner to
escape.
Is it necessary that there is violence, intimidation, or bribery to commit it?
- No. It is not an element of the crime.
- But the act of the offender’s act of employing bribery as a means
of removing or delivering the prisoner from jail, not the offender’s
act of receiving or agreeing to receive a bribe as a consideration
for committing the offense which could serve as an aggravating
circumstance under Art. 14 (RPC).
NOTE: If the crime committed by the prisoner for which he is confined or
serving sentence is treason, murder, or parricide, the act of taking the
place of the prisoner in the prison is that of an accessory and he may be
held liable as such because he assist in the escape of the principal.
Evasion of Service of Sentence (Articles 157 - 159)
3 Kinds of Evasion of the Service of the Sentence:
1. Evasion of sentence by escaping during the term of his sentence.
2. Evasion of service of sentence on the occasion of disorder.
3. Other cases of evasion of service of sentence, by violating the
conditions of conditional pardon.
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 Criminal Law 2 Notes
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE.
ELEMENTS:
1. That the offender is a convict by final judgment;
2. That he is serving sentence which consists in the deprivation of
liberty;
3. That he evades service of his sentence by escaping during the
term of his imprisonment.
Evasion of service of sentence is committed by any convict, who shall
evade the service of his sentence by reason of:
1. final judgment while suffering deprivation of liberty by escaping in
case of imprisonment;
2. by entering a prohibited place in case of destierro; or
3. by returning to the Philippines in case of deportation.
Who are liable for this crime?
- A convicted prisoner who is serving sentence by final judgment.
How about a detention prisoner, can he be liable?
- A detention prisoner is not confined in the penitentiary by reason
of final judgment; he is only temporarily detained pending the
investigation or trial against him or pending appeal; hence, he
could not commit evasion of service of sentence. Since he is not
yet serving sentence, there is nothing to evade. In sum, service of
sentence as an element of this crime is not present.
- A detention prisoner, who escaped, is not punished because to
escape is an instinct of human nature.(Pacheco; 2012 Bar Exam)
In sum,evil intent of the part of the detention prisoner is wanting
since he merely acted based on his instinct.
When does final judgment begin?
- Even though the prisoner escaped after his conviction,evasion of
service of sentence is not committed if the judgment was not yet
final at that time because the reglementary period to appeal had
not yet lapsed or the sentence of his conviction was under
z.m.s.r
appeal. (Curiano v. CFI,G.R. No. L-8104, April 15, 1955; 1972
Bar Exam)
- If the case is on appeal, the detention prisoner is not yet serving
sentence; hence, there is nothing to evade. In sum ,service of
sentence by final judgment as an element of this crime is not
present.
E.g. A detention prisoner cannot commit evasion of service of sentence.
However, if the detention prisoner employed force or intimidation against
the guard, who was trying to prevent his escape, he is liable for direct
assault under Article 148 or simple resistance under Article 151.
E.g. On the other hand, a convicted prisoner, who escaped by disarming
the guards with the use of pistol, is liable for qualified evasion of service
of sentence.
Deportation as a penalty consists of deprivation of liberty because
the deportee is deprived of his liberty from staying in or returning to
the Philippines. Hence, it is submitted that an alien, who violated his
penalty of deportation, is liable for evasion of service of sentence. (1975
Bar Exam)
Qualifying Circumstance
Evasion is qualified if the convicted prisoner escapes by means of
scaling (escalamiento), by breaking doors, windows, gates,walls, roofs,
or floors, or by using picklocks, false keys, disguise, deceit, violence or
intimidation, or through connivance with other convicts or employees of
the penal institution. (Article 157)
Continuing Crime
GR: Evasion of service of sentence involving the penalty of imprisonment
is a continuing crime. Thus, if the convict escaped from National Bilibid
Prison in Muntinlupa, and was arrested in Manila, he can be prosecuted
for evasion of service of sentence either in Muntinlupa or Manila.
33
 Criminal Law 2 Notes
EXCP: However, in evasion of service of sentence involving the penalty
of destierro, the violation of his sentence by the accused ceased once
he gets out of the prohibited area. Thus, if the convict, who entered
Dagupan City, which is a prohibited place by reason of the penalty of
destierro, and thereafter, he went to Manila and was arrested in that
place, he can only be prosecuted in Dagupan City. When he was
arrested in Manila,he is not anymore violating the penalty of destierro
since that is not a prohibited area. In sum, evasion of service of sentence
involving destierro is not a continuing crime. (1998 Bar Exam)
INFIDELITY IN THE CUSTODY OF PRISONERS
Infidelity in the custody of prisoners is committed by any public officer
who consents to the escape of a prisoner sentenced by final such
escape through his negligence. If evasion is committed with his consent,
this crime can also be called as conniving with or consenting to evasion.
(Article 223) If it has taken place through his negligence, it can also be
called as evasion through negligence.(Article 224).
Infidelity in the custody of prisoner, which is a crime committed by a
public officer, will be discussed in relation to evasion of service of
sentence and delivery of prisoners from jail,which are crimes against
public disorder.
Off-duty
In People v.Del Barrio, CA 60 O.G. 3908, a policeman assigned to city
jail as a guard, who, while he was off-duty, brought recently released
prisoner inside the jail to substitute for a detention prisoner whom he
later on brought out of jail, returning said prisoner inside the jail about 5
hours thereafter, may be held liable of the crime of delivering prisoner
from jail and not for infidelity in the custody of prisoner. (1972 Bar Exam)
Only a custodian can commit infidelity in the custody of a prisoner. Since
the guard is off-duty, the prisoner is technically not under his custody.
Evasion Through Negligence
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A detention prisoner for homicide escaped while working at the guest
house of a provincial governor. The detainee worked at the guest house
pursuant to a note of the Governor to the Assistant Provincial Warden
asking for five men to work in the guest house. The notice did not
mention the names of the prisoners. The warden merely picked the men
to compose the work party. The Governor and the Assistant Provincial
Warden are not liable for delivery of prisoner from jail since they are
jailers of the detention prisoner. This crime is committed by an outsider
who removes from jail any person therein confined or helps him escape.
They are not liable for connivance in the evasion of the prisoner. For sure
no connivance in the escape of the detention prisoner can be deduced
from the note of the governor, which does not mention the names of the
prisoners to be brought to the guest house. They are not liable for
evasion through negligence since this crime can only be committed by
the officer who is charged with the custody and guarding of the prisoner.
(Alberto v. De la Cruz, G.R. No. L-31839, June 30, 1980; 1981 Bar
Exam)
A guard is liable for infidelity in the custody of prisoner or evasion
through negligence for relaxing the inspection of the belongings of a
detention prisoner during jail visit allowing him to smuggle a pisto1, which
he subsequently used to escape. (2015 Bar Exam)
Consenting to Evasion
In U.S. v. Bandino, G.R. No. L-9964,February 11, 1915, a guard
permitted a convicted prisoner to go and buy some cigarettes near the
place where he was held in custody. The prisoner, taking advantage of
the confusion in the crowd there, fled from the custody of the accused.
The guard is liable for evasion through connivance and not only evasion
through negligence. Permitting the prisoner to leave the jail and to obtain
a relaxation of his imprisonment and, although the convict may not have
fled, is consenting to evasion, and not merely evasion through
negligence since the penalty is made ineffectual.
34
 Criminal Law 2 Notes z.m.s.r

● Relaxation of imprisonment is considered consenting to evasion

detention detention
or infidelity in the custody of prisoners since it makes the penalty
prisoner prisoner
ineffectual.
● Allowing a prisoner to sleep at your house. He is also liable for 2. prisoners convicted prisoner detention or detention or
violation of Section 3(e) of R.A. No.3019 convicted convicted
● A chief of police, who permitted a detention prisoner to leave the note: arrestee is prisoner prisoner
jail to entertain people in his house, then came back. not liable

3. dolo/culpa dolo dolo dolo -

E.g. X is serving a 6-year prison term. In his fourth year in prison, he consenting to
discovered that the judge committed a mistake in giving him a 6-year evasion
sentence when the law he violated called for 3 years of imprisonment culpa - evasion
only. Y, the jail guard and a law student checked X's contention and through
found it correct. X did not want to go to court anymore as he did not have negligence
any money to hire a lawyer to file habeas corpus and he had lost faith in
4. sentence deprivation of imprisonment imprisonment
the competence of judges. X then informed Y that he would just escape liberty
and the latter did not object.As soon as Y turned his back X sprinted out
of his cell.
ESCAPE OF PRISONER UNDER CUSTODY OF PRIVATE PERSON
- X is liable for evasion of service of sentence while Yis liable for
- It is when the evasion is committed with consent or through the
consenting to evasion. The fact that the judge committed a
negligence of a private person to whom the conveyance or
mistake in imposing the penalty is not an excuse for escaping. X
custody of a prisoner or person under arrest has been confided.
should have avail of procedural remedies under the law. By
assessing on his own the proper penalty and escaping on the
ARTICLE 158. EVASION ON OCCASION OF DISORDERS
assumption that he already served the correct penalty, he placed
ELEMENTS:
the law into his own hands, which is not allowed since it will
1. That the offender is a convict by final judgment, who is confined
destroy the foundation of the judicial system. (1979 Bar Exam)
in a penal institution.
2. That there is disorder, resulting from-
Difference between Evasion of Service of Sentence, Infidelity in the
a. conflagration,
Custody of Prisoner, and Delivery of Prisoner from Jail:
b. earthquake,
Evasion of Infidelity in the Delivery of c. explosion,
Service of Custody of Prisoner from d. similar catastrophe, or
Sentence Prisoner Jail e. mutiny in which he has not participated.
3. That the offender evades the service of his sentence by leaving
1. offender the offender is the the offender is the offender is
the penal institution where he is confined, on the occasion of such
convicted prisoner the custodian of the custodian of
disorder or during the mutiny.
the convicted or the convicted or

35
 Criminal Law 2 Notes
4. That the offender fails to give himself up to the authorities within
48 hours following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity.
- It is committed by a convict who, after leaving the penal institution
where he shall have been confined on occasion of calamity,
evades the service of his sentence by failing to give himself up to
the authorities within 48 hours following the issuance of a
proclamation by the Chief Executive announcing the passing
away of calamity.
- Good faith is a valid defense kapag na-late ka mag-surrender.
- E.g. May sunog sa jail, alangan hindi ka umalis.
- The prisoner is entitled to special time if he did not leave the
penal institution,or if he surrendered to authorities within 48 hours
after the passing away thereof as announced by the President. If
he did not surrender within the period, he is liable for evasion of
service of sentence.
- Both the detention prisoner and convicted prisoner are entitled to
special time allowance for loyalty. However, only convicted
prisoners can be held liable for evasion of service of sentence on
the occasion of calamity. Since a detention prisoner is not yet
serving a sentence, there is nothing to evade.
ARTICLE 159. VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the Chief Executive;
3. That he violated any of the conditions of such pardon.
ARTICLE 160. COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER OFFENSE;
PENALTY.
QUASI-RECIDIVISM is a special aggravating circumstance where a
person, after having been convicted by final judgment, shall commit a
z.m.s.r
new felony before beginning to serve such sentence, or while serving the
same.
- He shall be punished by the maximum period of the penalty
prescribed by law for the new felony.
- The first crime for which the offender is serving sentence need
not be a felony. But the second crime has to be a felony
ELEMENTS:
1. Offender was already convicted by final judgment of one offense;
2. He committed a new felony before beginning to serve such
sentence or while serving the same.
NOTES:
- Quasi-recidivism does not require that the two offenses are
embraced in the same title of the Code.
- Recidivism, quasi-recidivism, and reiteracion are aggravating
circumstances. Habitual delinquency is NOT an aggravating
circumstance.
- The aggravating circumstance of reiteracion requires that the
offender shall have served out his sentences for his prior
offenses. In Quasi-recidivism accused were yet serving the
sentence at the time of the commission of the second crime.
- Quasi-recidivism cannot be offset by ordinary mitigating
circumstances.
Title 6: Crimes against Public Morals
TRAFFICKING IN PERSONS (R.A. NO. 9208 as amended by R.A. NO.
10364)
- The specific crimes of trafficking in person are defined in Section
4 of R.A. No.9208.
ELEMENTS:
36
 Criminal Law 2 Notes
1. act of trafficking
2. means to commit trafficking and
3. exploitive purpose
Under Section 3 of R.A. No. 9208, the elements of trafficking in persons
are as follows:
1. Acts of Trafficking - Recruitment, obtaining, hiring. providing,
offering, transportation, transfer, maintaining, harboring. or receipt of
trafficked victim;
2. Means to Commit Trafficking - By means of threat,or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the person, or the
giving or receiving of payments or benefits to achieve the consent of a
person having control over another person.
Kidnapping or detaining a human being for the purpose of enslaving him
is slavery under the Revised Penal Code.However. the offender can be
prosecuted for trafficking in persons. Thrat or use of force, or other forms
of coercion, abduction is a means to commit trafficking in persons.
The accused deceived the victim by saying that her work in Malaysia
would be as restaurant entertainer,when in fact,she would be working as
a prostitute.This is trafficking in person. (G.R. No. 195419, October 12,
2011).
There are allegations the Japanese Imperial Army during World War II
coerced Filipino comfort women to provide sexual services to Japanese
soldiers. Hypothetically, this is trafficking in persons. Abuse of power or
of position is a means to commit trafficking in persons.
Purchasing or selling a human being for the purpose of enslaving him is
slavery. However, the offender can be prosecuted for trafficking in
persons. Giving or receiving of payments or benefits to achieve the
consent of a person having control over another person is a means to
commit trafficking in persons.
z.m.s.r
Trafficking in persons may be committed also by means of taking
advantage of the persons' vulnerability as minors (People v. De Dios,
G.R. No. 234018, June 6, 2018) or as a person, who needs money.
Before, human trafficking is punishable as slavery where lack of consent
of the victim is an element. However, because of the difficulty of proving
slavery since there are occasions that victims gave their consent to this
act, the community of nations including the Philippines made trafficking in
persons a crime with or without consent of the trafficked victim. However,
they replaced “lack of consent” with “taking advantage of vulnerability of
the victim" as an element of trafficking in person. In sum, even though
the victims consented to human trafficking, if the trafficker took
advantage of their vulnerability, trafficking in persons is still committed.
Acts of trafficking committed for exploitive purpose against a child, or
when the adoption is induced by any form of consideration, shall also be
considered as 'trafficking in persons' even if they do not involve any of
the means to commit trafficking.
Since the victims are minor, means to commit trafficking such as threat or
use of force, coercion, or fraud need not be established by evidence.
Even without the use of coercive, abusive, or deceptive means, a minor's
consent is not recognized by law, (People v. Aguirre, G.R. No. 219952,
November 20, 2017) or shall not be considered as having been given out
of his or her own free will. (People v. Ramirez, G.R. No. 217978, January
30, 2019)
AAA was first lured to prostitution when accused offered her to a male
customer and paid her P400.00 for the transaction. Several other
transactions transpired thereafter. Accused would transact with the
customers and then payAAA each time for her service. It did not matter
that there was no threat, force,coercion, abduction, fraud, deception or
abuse of power that was employed by accused when she involved AAA
in her illicit sexual trade. AAA was still a minor. Trafficking in persons
may be committed also by means of taking advantage of the persons'
vulnerability as minors. Accusd was convicted of qualified trafficking in
person. (People v.De Dios G.R. No. 234018, June 6, 2018)
37
 Criminal Law 2 Notes
3. Exploitive Purpose -The act of trafficking is committed for any of the
following purposes: (a) Sexual exploitation such as prostitution or
pornography:(b) Labor exploitation such forced labor or services, slavery,
servitude; and (c) Organ exploitation such as removal or sale of organs.
Section 3 of R.A. No. 9208 in defining trafficking in person used the
phrase “for the purpose of exploitation.” Hence, the third element of this
crime is exploitive purpose.Recruiting,hiring or transferring the victim
through the required means such as taking advantage of her vulnerability
for purpose of exploitation such as prostitution consummates the crime of
trafficking in person. Actual exploitation is not necessary for purpose of
consummation thereof.
Accused approached PO1 Nemenzo and offered him the sexual services
of four girls, two of whom were minors, for P2,400.00. The police
operation had been the result of previous surveillance. Both minor
victims testified that this incident was not the first time that accused
pimped them out to customers. It was held that the crime of trafficking in
person involving prostitution is considered consummated even if no
sexual intercourse (or no actual sexual exploitation) had taken place
since the mere transaction consummates the crime.(People v. Ramirez,
G.R. No. 217978, January 30,2019)
Consent of the victim is immaterial
Trafficking in person can be committed with or without the victim's
consent or knowledge, and within or across national borders. Thus,
consent of the victims, who are minors,to engage in prostitution is not a
defense in trafficking in persons involving recruitment and transportation
of trafficked victims.(People v. Aguirre, G.R. No. 219952, November 20,
2017)
In People v. Bandojo, G.R. No. 234161, October 17,2018,the fact that
AAA had asked accused for a raket (of earningmoney by having sexual
relations with customers) and that she visited the said accused in prison
does not negate their criminal liability.Trafficking in persons may be
committed with or without the victims consent or knowledge. Moreover,
victims consent is rendered meaningless due to the coercive, abusive, or
z.m.s.r
deceptive means employed by perpetrators of human trafficking. Even
without the use of coercive, abusive, or deceptive means, a minor's
consent is not given out of his or her own free will.
Within or across national borders (Extraterritoriality)
Trafficking in person can be committed within or across national borders.
A recruited B in China to be a prostitute in the Philippines. A took
advantage of the vulnerability of B since the latter is very poor. A caused
the transportation of B to the Philippines where the later engaged in
prostitution. A is liable of trafficking in persons although the recruitment is
committed in China.
Specific Crimes of Trafficking in Person
The specific trafficking in persons enumerated in Section 4, which must
contain the three elements of trafficking in persons under Section 3, are
as follows:
NOTE: Trafficking in person is NOT limited to these acts.
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
harbor, or receive a person by any means, including those done under
the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under R.A. No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated,for the purpose of
acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
38
 Criminal Law 2 Notes
(d) To Undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt persons by any form of consideration f exploitative purposes
or to facilitate the same for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, foroed labor, slavery,
involuntary servitude or debt bondage;
(h) To recruit, hire, adopt, transport, transfer, obtain, harbor. maintain,
provide, offer, receive or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
(i) To recruit, transport, obtain, transfer, harbor, maintain offer, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
j) To recruit, transport, transfer, harbor, obtain, maintain. offer, hire,
provide or receive a person by means of defined in Section 3 of this Act
for purposes of forced labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or pattern intended to cause the
person either:
(1) To believe that if the person did not perform such labor or
services, he or she or another person would suffer serious harm
or physical restraint; or
(2) To abuse or threaten the use of law or the legal processes;
and
(k) To recruit, transport, harbor, obtain, transfer, maintain. hire,offer,
provide, adopt or receive a child for purposes of exploitatioa or trading
them, including but not limited to,the act of baring and or selling a child
z.m.s.r
for any consideration or for barter for purposes ef exploitation;Trafficking
for purposes of exploitation of children shall include:
(1) All forms of slavery or practices similar to slaver. involuntary
servitude, debt bondage and forced labor, includins recruitment of
children for use in armed conflict;
(2) The use, procuring or offering ofachildfor prostitution, for the
production of pornography.or pornographie performances;
(3) The use, procuring or offeringJochildforthe production and
trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or
work which, by its nature or the circumstances in which it is
carried out, is likely to harm their health, safety or morals; and
(l) To organize or direct other persons to commit the offenses defined as
acts of trafficking under this Act. (Section 4 of R.A. No. 9208 as amended
R.A. No. 10364)
There are as many crimes of trafficking in person as there are victims of
trafficking. In People v. XXX, G.R. No.235652,July 09, 2018, XXX and
YYY were convicted of three counts of qualified trafficking in persons for
making their three biological children (minors) perform acts of cybersex
in pornographic websites for different foreigner customers in exchange of
money or ordering them to dance naked in front of the computer with
internet connectivity while facilitating the webcam sessions and chatting
with a certain customer. XXX is convicted of another count of qualified
trafficking in person for transporting and providing her own minor
biological child to a foreigner in Makati City for the purpose of
prostitution.
QUALIFIED TRAFFICKING IN PERSON
The following are considered as qualified trafficking in person under
Section 6 of R.A. No. 9208 as amended by R.A. No. 10364:
1. When the trafficked person is a child (2012 Bar Exam);
39
 Criminal Law 2 Notes
2. When the adoption is effected through Inter-Country Adoption Act Law
(2012 Bar Exam);
3. When the offender is a spouse, an ascendant, parent, sibling,
guardian or a person who exercises authority over the trafficked person
or when the offense is committed by a public officer or employee;
4. When the trafficked person is recruited to engage in prostitution with
any member of the military or law enforcement agencies;
5. When the offender is a member of the military or law enforcement
agencies;
6. When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with
HIV or AIDS;
7. When the offender commits one or more trafficking in person over a
period of 60 or more days, whether those days are continuous or not;
8.When the offender directs or through another manages the trafficking
victim in carrying out the exploitative purpose of trafficking; and
9. When the crime is committed by a syndicate, or in large scale.
When is it committed syndicated or through a large scale?
- Syndicated - WON it was carried out by 3/more offenders.
- Large Scale – committed against 3/more persons whether
committed individually or as a group.
- e.g. binili mo 'yung kidney ni A then eventually binili mo yung
kidney ni B then ni A. It is still trafficking in persons even with the
CONSENT of the victim.
- The government can file for themselves. The victims are merely
important as witnesses.
- e.g. prostitutes – public officers may prosecute.
No. of offenders according to crime:
➢ In Trafficking in Person, illegal recruitment, child pornography –
3/more = syndicated
z.m.s.r
➢ BUT if it's a crime of estafa syndicated = at least 5/more
offenders.
➢ Aid of armed men - at least 2 offenders
➢ Band - at least 4 armed men
1. Minority - Minority cannot be appreciated as a qualifying
circumstance in trafficking in person if not alleged in the
information. (People v. Aguirre, G.R. No.219952,November
20,2017)
To appreciate the qualifying circumstance of minority of the victim
in trafficking in person, knowledge of the accused with regard to
her minority is inconsequential. (People v. Bandojo, G.R. No
234161, October 17, 2018)
2. Minority and Adoption - Adoption or facilitating the adoption
of child for the purpose of prostitutionconstitutes trafficking in
person. The means to commit trafficking in person can be
dispensed with since the trafficked victim is a minor. However.
trafficking is qualified when trafficked person is a child or when
the adoption is effected through Inter-Country Adoption Act and
said adoption is for the purpose of prostitution. (2012 Bar Exam)
Even if the adoption is not effected through Inter-Country
Adoption Law,the crime is still qualified trafficking in person since
the victim being adopted is a minor.
CHILD TRAFFICKING UNDER R.A.NO.7610
- Child trafficking is committed by any person who shall engage
trading and dealing with children including,but not limited ta the
act of buying and selling of a child for money, or for any other
consideration, or barter, The penalty is higher when the victim i
under 12 years of age. (Section 7 of R.A. No. 7610-ChildAbuse
Law
Child trafficking under Section 7 of R.A.No.7610 can be committed by
any person who engages in trading and dealing with children. Thie crime
40
 Criminal Law 2 Notes z.m.s.r

includes the act of buying and child higher when the victim is under 12 or evacuation centers, and low-income families, for the purpose of selling
years of age. the child.

If the trafficker sells his daughter for money, the crime committed is child ATTEMPTED CHILD TRAFFICKING UNDER R.A.NO.7610
trafficking under R.A. No.7610.If he sells her for purposes of sexual,
These acts constituting attempted trafficking in person involving a child
labor or organ exploitation, the crime committed is qualified trafficking in
under R.A.No.9208(Trafficking in Person Law) are the same acts
person under R.A. No. 9208. Giving or receiving of payments or benefits
described as attempted child traffiching under Section 8 of RA
to achieve the consent of a person having control over another person is
No.7610(Child abuse Law).Thus,a person who commits any y the said
a means to commit trafficking in person.
acts may be prosecuted for attempted trafficking in persen under R.A.
ATTEMPTED TRAFFICKING IN PERSONS UNDER R.A.NO.9208 No.9208 or attempted child trafficking under R.A. No. 7610.

Section 4-A of R.A. No. 9208 (Trafficking in Person Law) as amended by ACTS THAT PROMOTE TRAFFICKING IN PERSONS UNDER R.A
R.A. No.10364 adopted the concept of attempted felony under Article 6 NO.9208
of the Revised Penal Code.Under Section 4-A,where there are acts to
The following acts which promote or facilitate trafficking in persons under
initiate the commission of a trafficking offense but the offender failed to or
Section 5 of R.A. No. 9208 as amended by R.A.No. 10364, shall be
did not execute all the elements of the crime, by accident or by reason of
unlawful:
some cause other than voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of trafficking in persons. (a) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting trafficking in
In cases where the victim is a child, any of the following acts shall also
persons;
be deemed as attempted trafficking in persons under Section 4-A of R.A.
No. 9208 as amended by R.A. No. 10364: (b) To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers, overseas employment
(a) Facilitating the travel of a child who travels alone to a foreign country
certificates or other certificates of any government agency which issues
or territory without valid reason therefor and without the required
these certificates, decals and such other markers as proof of compliance
clearance or permit from the Department of Social Welfare and
with government regulatory and pre-departure requirements for the
Development, or a written permit or justification from the child's parent or
purpose of promoting trafficking in persons;
legal guardian;
(c) To advertise, publish, print, broadcast, or distribute, or cause the
(b) Executing, for a consideration, an affidavit of consent or a written
advertisement, publication, printing, broadcasting or distribution by any
consent for adoption;
means, including the use of information technology and the internet, of
(c) Recruiting a woman to bear a child for the purpose of selling the child; any brochure, flyer, or any propaganda material that promotes trafficking
in persons;
(d) Simulating a birth for the purpose of selling the child; and
(d) To assist in the conduct of misrepresentation or fraud for purposes of
(e) Soliciting a child and acquiring the custody thereof through any
facilitating the acquisition of clearances and necessary exit documents
means from among hospitals, clinics, nurseries, daycare centers, refugee
from government agencies that are mandated to provide pre-departure
41
 Criminal Law 2 Notes z.m.s.r

registration and services for departing persons for the purpose of trial court convicted him of qualified trafficking in person for knowingly
promoting trafficking in persons; leasing his house for the purpose of promoting trafficking in persons
under Section 5 of R.A.No.9208. The Supreme Court said that the trial
(e) To facilitate, assist or help in the exit and entry of persons from/to the
court committed a serious error. The crime under Section 5 of R.A. No.
country at international and local airports,territorial boundaries and
9208 must be properly denominated as “acts that promote trafficking in
seaports who are in possession of unissued, tampered or fraudulent
persons,” and not qualified trafficking in person.
travel documents for the purposeofpromoting trafficking in persons;
NOTE: Generally, special penal law does not adopt the stages of
(f) To confiscate, conceal, or destroy the passport,travel documents, or
execution unless the SPL specifies In this case, it specified the stages of
personal documents or belongings oftrafficked persons in furtherance of
execution.
trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; ARTICLE 195. GAMBLING

(g) To knowingly benefit from, financial or otherwise, or make use of, the Gambling
labor or services of a person held to a condition of involuntary servitude,
- is any game or scheme, whether upon chance or skill, wherein
forced labor, or slavery;
wagers consisting of money, articles or value or representative of
(h) To tamper with, destroy, or cause the destruction of evidence, or to value are at stake or made.
influence or attempt to influence witnesses, in an investigation or
Illegal Gambling
prosecution of a case under this Act;
- Illegal gambling is committed by any person who, in any manner
(i) To destroy, conceal, remove, confiscate or possess, or attempt to
directly or indirectly takes part in any unauthorized game scheme
destroy, conceal, remove, confiscate or possess, any actual or purported
whether upon chance or skill, wherein wagers consisting of
passport or other travel, immigration or working permit or document, or
money, articles of value or representative of value are at stake or
any other actual or purported government identification, ofany person in
made.
order to prevent or restrict, or attempt to prevent or restrict, without lawful
authority, the person's liberty to move or travel in order to maintain the Illegal or unauthorized activities or games penalized under P.D. No.
labor or services of that person;or 1602:
(j) To utilize his or her office to impede the investigation, prosecution or 1. Cockfighting, jueteng, jai-alai, or horse racing to include boookie
execution of lawful orders in a case under this Act. operations and game fixing, numbers, bingo and other forms of
lotteries;
In People v. Saxo, G.R. No. 227704,April 10,2019, accused owned a
2. Cata y cruz, pompiang and the like;
house where its room was offered for lease for every paying customer of
3. 7-11 and any game using dice;
the complainants, who engaged in sex for a fee. Accused is aware of
4. Black jack, lucky nine, poker and its dereivatives, monte,
these prostitution activities since he cleaned the room after the
baccarat, cuajo, pangguigue and other card games;
complainant and her customer finished using it. Moreover, he sold
5. Paik que, high and low, mahjong, domino and other games using
condoms to complainant's male customers before using the room. The
plastic tiles and the like;
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 Criminal Law 2 Notes
6. Slot machines, roulette, pinball and other mechanical
contraptions and devices;
7. Dog racing, boat racing, car racing, and other forms of races;
8. Basketball, boxing, volleyball, bowling, pingpong and other forms
of individual or team contests to include game fixing, point
shaving and other machinations;
9. Baking or percentage game, or any other game or scheme,
whether upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value are at stake or
made.
10.
Who are liable under P.D. No. 1602?
1. Any person who, in any manner, shall directly or indirectly take
part in any of the above illegal or unauthorized activities or
games;
2. Any person who shall knowingly permit any form of gambling to
be carried on in an inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or
controlled by him;
3. Any person who shall knowingly permit any form of gambling to
be carried on in a place which has a reputation of a gambling
place or that prohibited gambling is frequently carried on therein,
or in a public or government building or barangay hall;
4. The maintainer or conductor of the above gambling schemes; .
5. Government official who is the maintainer, conductor or banker of
the gambling schemes, or who is the player, promoter, referee,
umpire, judge or coach in case of game fixing, point shaving and
other machination;
6. Any person who knowingly and without lawful purpose in any
hour of any day, possesses any lottery list, paper or other matter
containing letters, figures, signs or symbols pertaining to or in any
manner used in the games of jueteng, jai-alai or horse racing
bookies and similar games of lotteries and numbers which have
taken place or about to take place;
z.m.s.r
7. Any barangay official who, with knowledge of the existence of a
gambling house or place in his jurisdiction fails to abate the same
or take action in connection therewith;
8. Any security officer, security guard, watchman, private or house
detective of hotels, villages, buildings, enclosures and the like
which have the reputation of a gambling place or where gambling
activities are being held.
Numbers Game
- Any form illegal gambling activity which uses numbers or
combinations thereof as factors in giving out jackpots. (Sec. 2[a])
This includes:
1. Jueteng. - An illegal numbers game that involves the combination
of 37 numbers against 37 numbers from number 1 to 37 or the
combination of 38 numbers in some areas, serving as a form of
local lottery where bets are placed and accepted per combination,
and its variants. (Sec. 2[b]); me
2. Masiao. - An illegal numbers game where the winning
combination is derived from the results of the last game of Jai Alai
or the Special Llave portion or any result thereof based on any
fictitious Jai Alai game consisting of 10 players pitted against one
another, and its variants. (Sec. 2[c]); and
3. Last Two. - An illegal numbers game where the winning
combination is derived from the last two numbers of the first prize
of the winning Sweepstakes ticket which comes out during the
weekly draw of the Philippine Charity Sweepstakes Office
(PCSO), and its variants. (Sec. 2[d]) What are the illegal numbers
penalized under R.A. 9287?
Who are government officials and employees liable?
1. A government official who is part of the illegal numbers game.
2. A government official who has knowledge of the act.
3. A law enforcer who fails to apprehend the act.
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 Criminal Law 2 Notes
Why is gambling prohibited?
- to repress an evil that undermines the social, moral, and
economic growth of the nation. It has the effect of poverty,
dishonesty, fraud, and deceit.
NOTE:
- Hindi kailangan na may money na involve sa gambling. When the
law names the games prohibited, the person will be liable.
- A bystander or spectator is not criminally liable because he does
not take part therein, directly or indirectly. Mere presence is not
an offense.
- There is no need for proof that the game took place or is about to
take place. Kapag may jueteng list siya syempre ang presumption
ay para ‘yun sa jueteng. EXCP: Kapag doon sa jueteng list nakita
lang sa bahay tapos matagal na ‘yung date sa list.
LOTTERY
ELEMENTS:
1. consideration;
2. chance; and
3. prize or some advantage or inequality in amount or value which is
in the nature of a prize.
El debate Principle
KNOWING PERMITTING GAMBLING TO BE CARRIED ON IN A
PLACE OWNED OR CONTROLLED BY THE OFFENDER
ELEMENTS:
1. That a gambling game was carried on in an inhabited or
uninhabited place or in any building, vessel or other means of
transportation.
2. That the place, building, vessel or other means of transportation
is owned or controlled by the offender. That the offender
permitted the carrying on of such game, knowing that it is a
z.m.s.r
gambling game.W.887 Maintainer or conductor in a gambling
game or scheme.
3. The maintainer and conductor of a gambling game or scheme are
likewise punished.sobno sine noiroqmil.881
Maintainer
- is the person who sets up and furnishes the means with which to
carry on the gambling game or scheme.
Conductor
- is the person who manages or carries on the gambling game or
scheme.
Racing days
(1) July 4th of each year. (R.A. No. 137);
(2) December 30th of each year. (R.A. No. 229);
(3) Any registration or voting days. (R.A. No. 180, Revised Election
Code); and
(4) Holy Thursday and Good Friday. (R.A. No. 946)
ARTICLE 200 - GRAVE SCANDAL
ELEMENTS: 
a. Offender performs an act 
b. Act is highly scandalous as offending against decency or good
customs 
c. Highly scandalous conduct does not expressly fall within any
other article of the RPC 
d. Committed in a public place or within the public knowledge or
view. (The public view is not required, it is sufficient if in public
place. For public knowledge, it may occur even in a private place;
the number of people who sees it is not material).
E.g. Amelia, a famous actress, bought the penthouse unit of a posh
condominium building in Taguig City. Every night, Amelia would swim
44
 Criminal Law 2 Notes
naked in the private, but open air, pool of her penthouse unit. It must
have been obvious to Amelia that she could have been seen from nearby
buildings. In fact, some residents occupying the higher floors of the
nearby residential buildings entertained themselves and their friends by
watching her swim nude from their windows. Is she liable for a grave
scandal?
- Yes. Even though she swam naked in a private pool, it is obvious
that she could be seen from nearby buildings. Despite the fact
that her private pool is visible to the public, she exposed her nude
body, which is highly scandalous act that is offensive to decency
or good customs. (2013 Bar Exam) Those who were watching her
are not committing a crime. (1996 Bar Exam).
- What is punished is the SCANDALOUS ACT.
E.g. A man and a woman enters a movie house which is a public place
and then goes to the darkest part of the balcony and while there the man
started performing acts of lasciviousness on the woman. What is the
crime committed?
- If it is against the will of the woman, the crime would be acts of
lasciviousness. But if there is mutuality, this constitutes grave
scandal. Public view is not necessary so long as it is performed in
a public place.
E.g. defecated in the car.
- The best thing to do is to plead guilty and ask for forgiveness.
E.g. Artists whose videotape is uploaded without their consent are not
liable of grave scandal. In fact, their privacy is even violated.
NOTES
● The crime of grave scandal is a crime against public morals.
Necessarily, the offender must commit the crime in a public place
or within the view of the public. 
z.m.s.r
What is the difference between grave scandal and scandal (in alarms
and scandal)?
- In grave scandal, the scandal involved refers to moral scandal
offensive to decency, although it does not disturb public peace.
But such conduct or act must be open to the public view. 
- In alarms and scandals, the scandal involved refers to
disturbances of the public tranquility and not to acts offensive to
decency.
What if you are only a spectator?
- No. They will subject you for investigation.
● Betting whether it is piso will make you liable.
● You help maintain the game; sa bahay mo sila naggagamble
tapos hinayaan mo lang.
● Intent/good faith is not a defense.
ARTICLE 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS
AND EXHIBITIONS AND INDECENT SHOWS
PERSONS LIABLE:
1. Those who publicly expound or proclaim doctrines that are
contrary to public morals 
2. Authors of obscene literature, published with their knowledge in
any form 
3. Editors publishing such obscene literature 
4. Owners or operators of establishments selling obscene literature
5. Those who exhibit indecent or immoral plays, scenes, acts or
shows on theaters, fairs, cinemas or any other place 
6. Those who sell, distribute, or exhibit prints, engraving, sculptures
or literatures which are offensive to morals
IMMORAL DOCTRINE
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 Criminal Law 2 Notes
- Immoral doctrine is committed by any person who publicly
expounds or proclaims doctrines openly contrary to public morals.
(Article 201).
NOTE: PUBLICITY is ESSENTIAL for this crime. It means the act or
acts done must come to the knowledge of third persons. As long as the
pornographic matter or exhibition is made privately, there is no crime
committed under the Revised Penal Code because what is protected is
the morality of the public in general.
Morals
- imply conformity to generally accepted standards of goodness or
rightness in conduct or character.
EXAMPLES OF WHAT OBSCENITY IS NOT:
● Writing obscene literature is not punished, but the author is liable
if it is published with his knowledge. In every case, the editor
publishing it is liable.
● Mere nudity in painting and sculpture is NOT obscenity as they
may be considered pieces of art. To be nudity, they must produce
a perceptible and discernible reaction in the public or audience
witnessing the same.
● Photograph of a man and woman appearing to have actual
intercourse is NOT obscene because they are not coupled with
the intention to demoralize and challenge the sensibilities of
human nature.
● Mere possession of obscene materials is not punishable if you
have no intention to sell, exhibit, or give them away.
● Giving away means distributing, not casual giving.
EXAMPLES OF ACTS LIABLE:
● It is immoral and indecent if someone dances and the public
shouts, “Sige muna, nakakalibog!”
● Pictures with slight degree of obscenity for commercial purposes.
z.m.s.r
Acts considered as obscene literature or immoral or indecent plays,
scenes or acts: 
1. those which glorify criminals or condone crimes
2. those which serve no other purpose but to satisfy the market for
violence, lust or pornography 
3. those which offend against any race or religion 
4. those which tend to abet the traffic in and the use of prohibited
drugs 
5. those that are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees and edicts .
The proper test is whether the MOTIVE of the picture is pure or impure or
it is naturally calculated to excite impure imaginations.
NOTES
- consider publicity first
- Mere nudity in paintings and pictures is not obscene. As regards
such a picture, the proper test is whether the motive of the
picture, as indicated by it, is pure or impure; or whether it is
naturally calculated to excite impure imaginations.
- Mere possession of obscene materials, without intention to sell,
exhibit, or give them away, is not punishable under Article 201,
considering the purpose of the law is to prohibit the dissemination
of obscene materials to the public.
- you went naked in public without any aesthetic purpose → liable
- did the public go in a way that will go against decency.
- Sir was caught having a nude magazine - mere possession does
not make him liable. It is only the effect of reading that will make
him liable.
Photo or Video Voyeurism
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
46
 Criminal Law 2 Notes
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.
(Sec. 4, R.A. No. 9995)
of obscenity
- If the material has the tendency to deprave and corrupt the mind
of the viewer then the same is obscene and where such
obscenity is made publicly, criminal liability arises.
ARTICLE 202. VAGRANCY AND PROSTITUTION
RA 10158
- Vagrancy is decriminalized but not prostitution. WHY? Because
vagrancy is anti-poor as vagrants are victims of poverty.
ELEMENTS OF A PROSTITUTE:
1. A women habitually indulge in sexual intercourse or lascivious
conduct; and
2. The act was done for money or profit.
z.m.s.r
● If the woman does not habitually indulge in said acts, then
she cannot be deemed as a prostitute.
● In one case, the Court asked how many times the NBI agent
engaged in sexual intercourse with the alleged prostitute. When
the agent said that it was only once, and that they did not know if
there are any instances before him and after him – the Court
acquitted the accused because the sexual intercourse for money
or profit was not habitual, done only once.
● Minors are exempted from this as long as the undergo
appropriate counseling ang treatment.
● Sexual intercourse is not absolutely necessary, as lascivious
conduct is sufficient.
Title 5: Crimes relative to opium and other prohibited drugs
*class notes only”
R.A. 9165 - DANGEROUS DRUGS ACT OF 1972
PERSONS LIABLE UNDER R.A. NO.9165
1. Aside from the pusher, dangerous drugs trafficker,possessor and
user, protector/coddler and financer are also liable for crime
involving dangerous drugs.
2. Protector/coddler is any person who knowingly and willfully
consents to the unlawful acts involving dangerous drugs and uses
his influence,power or position in shielding, harboring,screening
or facilitating the escape of any person he knows, or has
reasonable grounds to believe on or suspects, has committed
these acts in order to prevent the arrest, prosecution,and
conviction of the violator. (Section 3 of R.A. No. 9165)
3. Financier is any person who pays for, raises or supplies money
for, or underwrites any of the illegal activities prescribed under
this Act.(Section 3 of R.A. No. 9165)
Manufacturing
- even if you have not manufactured anything (?)
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 Criminal Law 2 Notes
What is a dangerous drug?
- Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex
which is an integral part of this Act.
Controlled Precursors and Essential Chemicals
- Include those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an
integral part of this Act.
- Not all medicines are automatically allowed.
Art. II - Punishable acts
Section 15. Use of Dangerous Drugs.
- It is not penalized immediately, it is open for reformation
- Evidence for a person to be considered positive – confirmatory
test.
- 1st offenders are charged 6 months imprisonment
- Employers are required to report if one of their employees is
found to be positive to PDEA, PNP, or other law enforcement.
When employers are given instruction it is a violation of the Data
Privacy Act. What will happen?
- GR: They may refer him first to a rehabilitation center. UNLESS,
he is a second time offender.
- He is a NATURAL person.
Use
- Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.
z.m.s.r
E.g. He put one drop of cannabis oil in his tea and he was subjected to
drug testing. He was found positive. Is he liable?
- Yes, despite the amount he is still liable.
Confirmatory Test
- An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which
will validate and confirm the result of the screening test.
- The police may do a: (1) screening test (rapid test)-- check on his
physical appearance or (2) confirmatory test
- Screening test is NOT required under the law, it is the
confirmatory test that is required.
E.g. If your client will be subjected for a testing, make sure that anything
that will be tested is submitted by him or her. One of the loopholes that
police officers do is that they will wait for the accused to pee and they will
submit it to the laboratory.
- From that alone, there is already a breach under Section 21.
There is already a doubt.
- Paano pag may hawak pala siyang ibang sample?
ARTICLE III - Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing
E.g. How about students or employees who are subjected to a random
drug testing, will they be subjected to Section 15?
- It will not be unfair it is upheld under jurisprudence that there is no
violation of privacy. The emploeyer of the school has the burden
to proof that the drug testing was done randomly.
Section 11. Possession of Dangerous Drugs
- The penalty is dependent on the drug on its quality and degree of
purity.
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 Criminal Law 2 Notes
E.g. What if I was found in possession of .001 of shabu and as an
incident and I was subjected to a drug test and was found positive. Will I
be charged of posession and use of drugs?
- Yes. He can be charge under Sec 15 and 11.
- However, in Section 12 and 15, there is already prima facie
evidence.
Possession
- it might be physical or constructive possession.
- Lack of criminal intent is NOT a valid excuse.
E.g. If your friend left his bag in your house and a valid search was
conducted and they found drugs. Would you be liable of possession?
- No.
E.g. If you were given by your uncle a plastic and you thought that it was
only salt. Can you raise good faith as a valid defense?
- No.
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
- There is a presumption that you are NOT authorized by law.
Qualifying circumstances for Sec 5:
1. If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall
be imposed in every case.
2. For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or
z.m.s.r
controlled precursors and essential chemical trade, the maximum
penalty shall be imposed in every case.
3. If the victim of the offense is a minor or a mentally incapacitated
individual, or should a dangerous drug; and/or
4. A controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this
Section shall be imposed.
5. Upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.
The maximum penalty provided for under this Section if any of the
qualifying circumstances are present
Requisites of Sale:
1. Take note of the identity of the buyer ans seller and object and
consideration thereof.
2. The delivery and eventual payment. There must be delivery of the
thing sold and payment thereof in order to consumate sale.
NOTE: There should be the objective of sale. Kailangan may objective
sila na magbenta.
E.g. A is the buyer. B is the seller. 1 kilo of shabu (object). If the identity
is enumerated, then the first requisite is satisfied. But make sure that
there is the delivery of the object to the buyer an the buyer on the other
hand delivering the consideration/payment. Was there a consumated
transcation of sale?
- Yes.
- Entrapment v. Instigation
- The consideration of sale must be recovered from the accused.
This will be use as EVIDENCE.
Instigation
- You led the criminal to commit the crime. The police officers put
the law in their own hands.
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 Criminal Law 2 Notes z.m.s.r

Buy-bust operation

- is a form of entrapment, whereby a police agent disguised as a

buyer of illegal drugs undertakes a sales transaction with a seller.

E.g. A gave B a transparent bag and B gave money. The police officers
arrested both.

- They can be both arrested.

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