TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114
 ELEMENTS OF TREASON:
1. That the offender owes allegiance to the Government of the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either –
4. Levies war against the government,
1. breach of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
5. Adheres to the enemies, giving them aid and comfort
 Ways of proving treason:
1. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse.
Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires
that 2 witnesses see the SAME OVERT ACT.
2. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess in
open court by stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused understands is
plea. Submission of affidavit during trial, even if assisted by counsel is not enough.
 Treason: breach of allegiance to the government, committed by a person who owes
allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.
 Evident premeditation, superior strength and treachery are circumstances inherent
in treason, and are, therefore, not aggravating.
 Treason cannot be committed in times of peace, only in times of war – actual
hostilities. But no need for declaration of war
 Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to
the enemy)

·         Not Treasonous:

1. Acceptance of public office and discharge of official duties under the enemy does
not constitute per se the felony of treason (exception: when it is policy determining)
2. Serving in a puppet government (ministerial functions) and in order to serve the
populace is NOT treasonous. But it is treason if: a) there is discretion involved; b)
inflicts harm on Filipinos; c) it is disadvantageous to them.
3. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials – not treason
4. Filipino citizens can commit treason outside the Philippines. But that of an alien
must be committed in the Philippines.
 5. Only Filipino citizens or permanent resident aliens can be held liable
6. Alien: with permanent resident status from the BID – it is neither the length of stay
in the Philippines nor the marriage with a Filipino that matters.

·         On Citizenship
 Treason cannot be proved by circumstantial evidence or by extra-judicial
confession of the accused
 Actual hostilities may determine the date of the commencement of war
 No such thing as attempted treason; mere attempt consummates the crime
 Giving aid or comfort – material element, enhances forces of the enemy country.
Acts which strengthen or tend to strengthen the enemy in the conduct of war
against the traitor’s country or that which weaken and tend to weaken the power of
the same.
Example: Financing arms procurement of enemy country. But giving of shelter is not
necessarily “giving aid and comfort.”
 Adherence and giving aid or comfort must concur together. Adherence: when a
citizen intellectually or emotionally favors the enemy and harbors convictions
disloyal to his country’s policy. But membership in the police force during the
occupation is NOT treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.
 Adherence may be proved by: (1) one witness; (2) from the nature of the act itself;
(3) from the circumstances surrounding the act.
 Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
 If you convict a person for treason by reason of irresistible force or uncontrollable
fear, you may use Art.12.  No treason through negligence
 When killings and other common crimes are charged as overt act of treason, they
cannot be regarded as (1) separate crimes or (2) as complex with treason.

Article 115
CONSPIRACY TO COMMIT TREASON
 ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to

1. levy war against the government, or

2. adhere to the enemies and to give them aid or comfort,

1. They decide to commit it

 ELEMENTS OF PROPOSAL TO COMMIT TREASON
1. In time of war
2. A person who has decided to levy war against the government, or to adhere to the
enemies and to give them aid or comfort, proposes its execution to some other
person/s.
 Mere agreement and decisions to commit treason is punishable
 Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.

Article 116
MISPRISION OF TREASON
 ELEMENTS:
1. That 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
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
 This crime does not apply if the crime of treason is already committed
 Crime of omission
 “To report within a reasonable time” – depends on time, place and circumstance –
the RPC did not fix time.
 RPC states 4 individuals, what if you report to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.

Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or
military establishments or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the defense of the
Philippines.
 ELEMENTS:
1. 1.  That the offender enters any of the places mentioned therein
1.             2.  That he has no authority therefore;
2. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines
Espionage by disclosing to the representative of a foreign nation the contents of the
articles, data, or information referred to in paragraph 1 of  Article 117, which he had
in his possession by reason of the public office holds
1. ELEMENTS: That the offender is a public officer
2. That he has in his possession the articles, data or information referred to in par 1
of art 117, by reason of the public office he holds
3. That he discloses their contents to a representative of a foreign nation
 Purpose: to gather data
 Espionage: the offense of gathering, transmitting, or losing information respecting
the national defense with the intent or reason to believe that the information is to
be used to the injury of the Philippines or the advantage of any foreign nation.  It is
not conditioned on citizenship.
 Not necessary that Philippines is at war with the country to which the information
was revealed. What is important is that the information related is connected with
the defense system of the Philippines.
 Wiretapping is NOT espionage if the purpose is not something connected with the
defense
 See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

 
Article 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.

Article 119
VIOLATION OF NEUTRALITY
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
3. That the offender violates such regulation
 Gov’t must have declared the neutrality of the Phil in a war between 2 other
countries
 It is neutrality of the Phil that is violated
 Congress has the right to declare neutrality

Article 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 –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. 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

 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.
 It is not correspondence with private individual in enemy country
 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

Article 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
 Alien resident may be guilty here.

Article 122
PIRACY
 2 Ways of Committing Piracy
1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD
532)
2. By seizing the whole or part of the cargo of said vehicles, 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 offenders –
1. attack or seize that vessel or (hence, if committed by crew or passengers,
the crime is not piracy but robbery in the high seas)
2. seize the whole or part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers
 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
 PD 532 has been already repealed
 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 purpose of Anti-Fencing Law, piracy is part of  robbery and theft

Piracy
Robbery or forcible degradation on the
high seas, without lawful authority and
done with animo furandi and in the
spirit and intention of universal
hostility.
Mutiny
Unlawful resistance to a superior officer, or
the raising of commotion and disturbances
on board a ship against the authority of its
commander

Intent to gain is an element.

Attack from outside.  Offenders are

strangers to the vessel. (this is the
standing rule with the repeal of PD 532
which made it possible for any person
to commit piracy including a passenger
or complement of the vessel). Attack from the inside.

Article 123
QUALIFIED PIRACY
 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
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (the above may result to qualified mutiny)
 Parricide/infanticide should be included (Judge Pimentel)
 Note the new rape law. Death is imposed in certain types of rape
 There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 – death under the new rape law. But if rape
committed on someone below 7 during the time of piracy – RP to death.
Irreconcilable.
 Murder/rape/homicide/physical injuries must have been committed on the
passengers or complement

TITLE TWO
 
I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

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).
 Detention: when a person is placed in confinement or there is a restraint on his
person.
 Though the elements specify that the offender be a public officer or employee,
private individuals who conspire with public officers can also be liable.
 Legal grounds for the detention of any person:
 Without legal grounds:
 Know grounds for warrantless arrest:
 For escaped prisoner – no need for warrant
 Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)
 Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X
voluntarily admitted to the officers that he did it although he was not asked. X was
detained immediately. According to the SC, there was NO arbitrary detention.  Why?
Because once X made a confession, the officers had a right to arrest him.
 Continuing crime is different from a continuous crime
 Ramos v. Enrile: Rebels later on retire. According to the SC, once you have
committed rebellion and have not been punished or amnestied, then the rebels
continue to engage in rebellion, unless the rebels renounce his affiliation. Arrest can
be made without a warrant because this is a continuing crime.
1. commission of a crime
 2. violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital
1. he has not committed any crime or no reasonable ground of suspicion that he has
committed a crime
2. not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital
1. Crime is about to be, is being, has been committed
2. Officer must have reasonable knowledge that the person probably committed the
crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
 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:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
 Really means delay in filing necessary information or charging of person detained
in court. May be waived if a preliminary investigation is asked for.
 Does not contemplate actual physical delivery but at least there must be a
complaint filed. Duty complied with upon the filing of the complaint with the
judicial authority (courts, prosecutors – though technically not a judicial authority,
for purposes of this article, he’s considered as one.)
 The filing of the information in court does not cure illegality of detention. Neither
does it affect the legality of the confinement under process issued by the court.
 To escape from this, officers usually ask accused to execute a waiver which should
be under oath and with assistance of counsel. Such waiver is not violative of the
accused constitutional right.
 What is length of waiver? Light offense – 5 days. Serious and less serious offenses –
7 to 10 days. (Judge Pimentel)
 Article does not apply when arrest is via a warrant of arrest
 If offender is a private person, crime is illegal detention

Arbitrary Detention (124) Delay in Delivery of Detained (125)

Detention is legal in the beginning, but

illegality starts from the expiration of the
specified periods without the persons
detained having been delivered to the
Detention is illegal from the beginning. proper judicial authority.

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:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of the
prisoner, or
3. the proceedings upon a petition for the release of such person
 Three acts are punishable:
 Wardens and jailers are the persons most likely to violate this provision
 Provision does not include legislation
1. delaying the performance of a judicial or executive order for the release of a
prisoner
2. delaying the service of notice of such order to said prisoner
3. delaying the proceedings upon any petition for the liberation of such person

Article 127
EXPULSION
ELEMENTS:
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

(The crime of expulsion absorbs that of grave coercion. If done by a private person,
will amount to grave coercion)

i.e.,Villavicencio v. Lukban: prostitutes’ case

 Does not include undesirable aliens; destierro; or when sent to prison
 If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing
him to change his address here
 Threat to national security is not a ground to expel or change his address.

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:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous
consent of such owner
 3. refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same
 Aggravating Circumstance (medium and maximum of penalty imposed):
 If the offender who enters the dwelling against the will of the owner thereof is a
private individual, the crime committed is trespass to dwelling (Art 280)
 When a public officer searched a person “outside his dwelling” without a search
warrant and such person is not legally arrested for an offense, the crime committed
by the public officer is grave coercion, if violence or intimidation is used (Art 286),
or unjust vexation, if there is no violence or intimidation (Art 287)
 A public officer without a search warrant cannot lawfully enter the dwelling
against the will of the owner, even if he knew that someone in that dwelling is
having unlawful possession of opium
 3 acts punishable:
 “Being authorized by law” – means with search warrant, save himself or do some
things good for humanity
 There must be expression that entry is denied or that he is asked to leave
 Papers and effects need not be part of a crime.
1. offense committed at nighttime
2. papers or effects not constituting evidence of a crime be not returned immediately
1. person enters dwelling w/o consent or against the will
2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being asked to

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary severity in executing the same
 Search warrant is valid for 10 days from its date
 Search warrant is an order in writing issued in the name of the People, signed by
the judge and directed to a public officer, commanding him to search for personal
property described therein and bring it before the court
 No just cause – warrant is unjustified
 Search – limited to what is described in the warrant, all details must be with
particularity
 Malicious warrant. Example. X was a respondent of a search warrant for illegal
possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
 Abuse examples:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that  a search will be made
3. Persons who were not respondents were searched
 

Article 130
 ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other belongings of any person
4. That the owner, or any member of his family, or two witnesses residing in the same
locality are not present
 Order of those who must witness the search:
 Validity of the search warrant can be questioned only in 2 courts: where issued or
where the case is pending. Latter is preferred for objective determination.
1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced by the searching
party)

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
 ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting,
or dissolving the same (e.g. denial of permit in arbitrary manner).
2. 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 police stops a
meeting in a private place because there’s no permit, 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
3. That the offender prevents or disturbs the same
 Circumstance qualifying the offense: if committed with violence or threats
 Reading of Bible and then attacking certain churches in a public plaza is not a
ceremony or manifestation of religion, but only a meeting of a religious sect. But if
done in a private home, it’s a religious service
 Religious Worship: people in the act of performing religious rites for a religious
ceremony; a manifestation of religion. Ex. Mass, baptism, marriage
 X, a private person, boxed a priest while the priest was giving homily and while the
latter was maligning a relative of X. Is X liable? X may be liable under Art 133
because X is a private person.
 When priest is solemnizing marriage, he is a person in authority, although in other
cases, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS
 ELEMENTS:
1. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element, no need of religious
ceremony, only the place is material)
2. 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
 If in a place devoted to religious purpose, there is no need for an ongoing religious
ceremony
 Example of religious ceremony (acts performed outside the church). Processions
and special prayers for burying dead persons but NOT prayer rallies
 Acts must be directed against religious practice or dogma or ritual for the purpose
of ridicule, as mocking or scoffing or attempting to damage an object of religious
veneration
 There must be deliberate intent to hurt the feelings of the faithful, mere arrogance
or rudeness is not enough.

Who are
CRIME Nature of Crime Liable If Element Missing

Prohibition,
Interruption
and Dissolution Crime against the Public
of Peaceful fundamental law officers, If not by public officer =
Meeting (131) of the state Outsiders tumults

Interruption of Crime against the Public If by insider = unjust

 vexation

If not religious = tumult

or alarms

If not notoriously
offensive = unjust
Religious fundamental law officers, vexation
Worship (132) of the state Outsiders

If not tumults = alarms

and scandal

Public If meeting illegal at

officers,
Offending the private onset = inciting to
Religious Crime against persons, sedition or rebellion
Feeling (133) public order outsiders

TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER

Article 134
REBELLION OR INSURRECTION
 ELEMENTS:
1. That there be –
1. public uprising and
2. taking arms against the government (force/violence)
2. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

1.         i.  the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2  To deprive the chief executive or congress, wholly or partially, of any of their

powers or prerogatives

 Persons liable for rebellion

1. Any person who:

1.  promotes

2.  maintains, or

3.  heads a rebellion or insurrection; or

2. Any person who, while holding any public office or employment, takes part therein
by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
 3. exacting contributions or diverting public funds from the lawful purpose for which
they have been appropriated (Note: “diverting public funds” is malversation
absorbed in rebellion);
4. Any person merely participating or executing the command of others in rebellion
 Success is immaterial, purpose is always political
 Rebellion used where the object of the movement is completely to overthrow and
supersede the existing government
 Insurrection refers to a movement which seeks merely to effect some change of
minor importance to prevent the exercise of gov’t authority w/ respect to particular
matters or subjects
 Actual clash of arms w/ the forces of the gov’t, not necessary to convict the
accused who is in conspiracy w/ others actually taking arms against the gov’t
 Purpose of the uprising must be shown but it is not necessary that it be
accomplished
 A change of government w/o external participation
 RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. 
If there is no public uprising, the crime is of direct assault.
 Mere giving of aid or comfort is not criminal in the case of rebellion. Merely
sympathizing is not participation, there must be ACTUAL participation
 Not necessary that there is killing, mere threat of removing Phil is sufficient
 Rebellion cannot be complexed with any other crime.  However, illegal possession
of firearms in furtherance of rebellion is distinct from the crime of rebellion.
Furthermore, it is a continuing crime such along with the crime of conspiracy or
proposal to commit such
 A private crime may be committed during rebellion. Examples: killing, possessions
of firearms, illegal association are absorbed. Rape, even if not in furtherance of
rebellion cannot be complexed
 If killing, robbing were done for private purposes or for profit, without any political
motivation, the crime would be separately be punished and would not be embraced
by rebellion (People v. Fernando)
 Read People v. Hernandez and Enrile v. Salazar
 Person deemed leader of rebellion in case he is unknown:
 Any person who in fact:
1. directed the others
2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A
COUP D E’TAT
 ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of power
7. Singly or simultaneously carried out anywhere in the Philippines
 1. Committed by any person or persons belonging to the military or police or
holding any public office or employment; with or without civilian support or
participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power
 Crime may be committed by a single person, any government employee and even
by civilian
 Taking up of arms not even necessary, what is important is violence, threat,
intimidation, strategy or stealth
Coup
Rebellion d’etat
  Treason (114) (134) (134-A) Sedition (139)

Nature Crime
of Crime against against
National Crime against Public Crime against
Crime Security Public Order Order Public Order

levying war
against the
gov’t;
Public uprising
OR
AND Rising publicly or
adherence and tumultuously
giving aid or Taking up arms (caused by more
than 3 armed men
comfort to against the or provided with
Overt
enemies gov’t means of
Acts See article. violence)

Seizing or
Purpose Deliver the gov’t diminishing
of to enemy during state See enumeration
objective war See article. power. in article.

Article 135
Penalties
 Who are liable?
1. Any person who:
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the gov’t
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for which
they have been appropriated
2. Any person who, while holding any public office or employment, takes part therein
3. Any person merely participating or executing the command of other in a
rebellion.

In Government Service Not in Government Service

Anyone who leads, directs, commands Anyone who participates or in an manner,
others to undertake a coup. supports, finances, abets, aids in a coup.

 Serious violence is that inflicted upon civilians, which may result in homicide. It is
not limited to hostilities against the armed force.
 Diverting public funds is malversation absorbed in rebellion
1. Public officer must take active part because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the accused never took the oath of allegiance
to, or that they never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes committed
in pursuance of the movement to overthrow the government
4. Killing, robbing etc for private persons or for profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion.

Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
 ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against the
government
2. For any of the purposes of rebellion
3. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
 ELEMENTS:
 Organizing a group of soldiers, soliciting membership in, and soliciting funds for the
organization show conspiracy to overthrow the gov’t
 The mere fact of giving  and rendering speeches favoring Communism would not
make the accused guilty of conspiracy if there’s no evidence that the hearers then
and there agreed to rise up in arms against the gov’t
 Conspiracy must be immediately prior to rebellion
 If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
 ELEMENTS:
 Presupposes existence of rebellion
 Must not be in conspiracy with rebels or coup plotters
 If there are means to prevent the rebellion but did not resist it, then there’s
disloyalty. If there are no means, no fault
 If position is accepted in order to protect the people, not covered by this
 The collaborator must not have tried to impose the wishes of the rebels of the
people.
1. Failing to resist rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under the control of rebels
3. Accepting appointment to office under rebels
 

Article 138
INCITING TO REBELLION OR INSURRECTION
 ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the
government
2. That he incites others to the execution of any of the acts of rebellion
3. That the inciting is done by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end
 Intentionally calculated to seduce others to rebellion
 There must be uprising to take up arms and rise publicly for the purposes
indicated in Art 134

Proposal to Commit Rebellion (136) Inciting to Rebellion (138)

The person who proposes has decided to Not required that the offender has
commit rebellion. decided to commit rebellion.

The person who proposes the execution

of the crime uses secret means. The inciting is done publicly.

Article 139
SEDITION
 ELEMENTS:
1. That the offenders rise –
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any popular
election
4. to prevent the national government, or any provincial or municipal government, or
any public thereof from freely exercising its or his functions, or prevent the
execution of any administrative order
5. to inflict any act or hate or revenge upon the person or property of any public
officer or employee
6. to commit for any political or social end, any act of hate or revenge against private
persons or any social class (hence, even private persons may be offended parties)
7. to despoil, for any political or social end, any person, municipality or province, or
the national government of all its property or any part thereof
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following
objects:
 Sedition: raising of commotion or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such measures that evidently engenders it.
 Difference from rebellion – object or purpose of the surprising. For sedition –
sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms
against the government.
 Sedition – purpose may be either political or social. In rebellion – always political
 Tumultuous – caused by more than 3 persons who are armed or provided with
means of violence
 Preventing public officers from freely exercising their functions
  In sedition – offender may be a private or public person (Ex. Soldier)
 Public uprising and the object of sedition must concur
 Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes
committed in that case were independent of each other.
 Preventing election through legal means – NOT sedition
 But when sugar farmers demonstrated and destroyed the properties of sugar barons
– sedition
 Persons liable for sedition:
1. leader of the sedition, and
2. other persons participating in the sedition

Article 142
INCITING TO SEDITION
 ELEMENTS:
1. That the offender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which constitute
sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing, emblems,
cartoons, banners, or other representations tending to the same end (purpose:
cause commotion not exactly against the government; actual disturbance not
necessary)
 Different acts of inciting to sedition:
 When punishable:
1. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against
the government or any of the duly constituted authorities thereof, which tend to
disturb the public peace
3. Knowingly concealing such evil practices
1. when they tend to disturb or obstruct any lawful officer in executing the functions
of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful
purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government
 

II. CRIMES AGAINST POPULAR

REPRESENTATION
 
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES
 ELEMENTS:
1. That there be a projected or actual meeting of Congress or any of its committees
or subcommittees, constitutional commissions or committees or division thereof, or
of any provincial board or city or municipal council or board
2. That the offender who may be any persons prevents such meeting by force or fraud
  Chief of Police and mayor who prevented the meeting of the municipal council are
liable under Art 143, when the defect of the meeting is not manifest and requires an
investigation before its existence can be determined.

Article 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. That there be a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city or
municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. 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
 Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
 Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent any member of Congress
from –
1. attending the meeting of the assembly or any of its committees, constitutional
commissions or committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while Congress is in a regular or
special session, except in case such member has committed a crime punishable
under the code by a penalty higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special session
4. That the member searched has not committed a crime punishable under the code
by a penalty higher than prision mayor (1987 constitution: privilege from arrest
while congress in session in all offenses punishable by not more than 6 years
imprisonment).
 Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND

ASSOCIATIONS
 
Article 146
ILLEGAL ASSEMBLIES
 Two (2) Types of illegal assemblies:
a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. Audience whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.
 Not all the persons present at the meeting of the first form of illegal assembly
must be armed
 Persons liable for illegal assembly
 Responsibility of persons merely present at the meeting
 Presumptions if person present at the meeting carries an unlicensed firearm:
1. the organizers or leaders of the meeting
2. persons merely present at the meeting (except when presence is out of curiosity –
not liable)
1. if they are not armed, penalty is arresto mayor
2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision
correccional
1. purpose of the meeting is to commit acts punishable under the RPC
2. considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS
 ELEMENTS:
 Persons liable:
1. Organized totally or partially for the purpose of committing any of the crimes in
RPC
2. Or for some purpose contrary to public morals
1. founders, directors and president of the association
2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed

persons to commit any of the crimes
punishable under the RPC, or of individuals
who, although not armed, are incited to
the commission of treason, rebellion,
sedition or assault upon a person in
authority of his agent. No need for such

It is the meeting and the attendance at Act of forming or organizing and

such that are punished membership in the association

Founders, directors, president and

Persons liable: leaders and those present members

IV. ASSAULT, RESISTANCE AND

DISOBEDIENCE
 
Article 148
DIRECT ASSAULT
 ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
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 crimes of sedition. (victim need not be person
in authority)
3. That there is no public uprising.
 ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is engaged
in the actual performance of official duties (motive is not essential), or that he is
assaulted (b) by reason of the past performance of official duties (motive is
essential).
4. That the offender knows that the one he is assaulting is a person in authority or his
agent in the exercise of his duties (with intention to offend, injure or assault).
5. That there is no public uprising.
 Always complexed with the material consequence of the act (e.g. direct assault
with murder) except if resulting in a light felony, in which case, the consequence is
absorbed
 Hitting the policeman on the chest with fist is not direct assault because if done
against an agent of a person in authority, the force employed must be of serious
character
 The force employed need not be serious when the offended party is a person in
authority (ex. Laying of hands)
 The intimidation or resistance must be serious whether the offended party is an
agent only or a person in authority (ex. Pointing a gun)

  Force Employed Intimidation/Resistance

Person in Need not be serious Serious

Authority

Must be of serious
character Serious
Agent

 Person in authority: any person directly vested with jurisdiction (power or

authority to govern and execute the laws) whether as an individual or as a member
of some court or governmental corporation, board or commission
 A barangay captain is a person in authority, so is a Division Superintendent of
schools, President of Sanitary Division and a teacher
 Agent: is one who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property. (Example. Barrio councilman and any
person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
 Even when the person in authority or the agent agrees to fight, still direct assault.
  When the person in authority or the agent provoked/attacked first, innocent party
is entitled to defend himself and cannot be held liable for assault or resistance nor
for physical injuries, because he acts in legitimate self-defense
 There can be no assault upon or disobedience to one authority by another when
they both contend that they were in the exercise of their respective duties.
 When assault is made by reason of the performance of his duty there is no need for
actual performance of his official duty when attacked
  Circumstances qualifying the offense (Qualified Assault):
 Complex crime of direct assault with homicide or murder, or with serious physical
injuries.
 Direct assault cannot be committed during rebellion.
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in authority
Article 149
INDIRECT ASSAULT
 ELEMENTS:  
1. That a 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 such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming to
the aid of the authority or his agent.
 Indirect assault can be committed only when a direct assault is also committed
 To be indirect assault, the person who should be aided is the agent (not the person
in authority because it is already direct assault, the person coming to the aid of the
person in authority being considered as an agent and an attack on the latter is
already direct assault). Example. Aiding a policeman under attack.

Article 150
DISOBEDIENCE TO SUMMONS
 Acts punishable:
1. refusing without legal excuse to obey summons
2. refusing to be sworn or placed under affirmation
3. refusing to answer any legal inquiry to produce books, records etc.
4. restraining another from attending as witness in such body
5. inducing disobedience to a summons or refusal to be sworn

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH
PERSON (par. 1)
 ELEMENTS:
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.
3. That the act of the offender is not included in the provisions of arts. 148, 149 and
150.
SIMPLE DISOBEDIENCE (par. 2)
 ELEMENTS:
 1. That an agent of a person in authority is engaged in the performance of official
duty gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Resistant and Disobedience to a Person

in Authority or Agents of such Person
Direct Assault (148) (151)

PIA or his agent must be engaged in the

performance of official duties or that PIA or his agent must be in the actual
he is assaulted performance of his duties.

Direct assault is committed in 4 ways –

by attacking, employing force, and Committed by resisting or seriously
seriously resisting a PIA or his agent. disobeying a PIA or his agent.

Use of force against an agent of a PIA is not

Use of force against an agent of PIA so serious; no manifest intention to defy the
must be serious and deliberate. law and the officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
 Persons in Authority – any person directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental corporation, board or
commission.
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private schools,
colleges and universities
6. Lawyers in the actual performance of their professional duties or on the occasion
of such performance
 Agent of Person in Authority – any person who, by direct provision of law or by
election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property.
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
 Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the
punong barangay, sangguniang barangay members and members of the lupong
tagapamayapa in each barangay shall be deemed as persons in authority in their
jurisdictions, while other barangay officials and members who may be designated by
law or ordinance and charged with the maintenance of public order, protection and
the security of life, property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the aid of persons in
authority shall be deemed AGENT of persons in authority.  
 

V. CRIMES AGAINST PUBLIC DISORDERS

 
Article 153
 TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:
 1. Causing any serious disturbance in a public place, office or establishment
2. Interrupting or disturbing public performances, functions, gatherings or peaceful
meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting
peaceful meetings or religious worship).
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.
 If the act of disturbing or interrupting a meeting or religious ceremony is NOT
committed by public officers, or if committed by public officers they are not
participants therein, this article applies. Art 131 and 132 punishes the same acts if
committed by public officers who are NOT participants in the meeting
 The outcry is merely a public disorder if it is an unconscious outburst which,
although rebellious or seditious in nature, is not intentionally calculated to induce
others to commit rebellion or sedition, otherwise, its inciting to rebellion or
sedition.
 Tumultuous – if caused by more than 3 persons who are armed or provided with
means of violence (circumstance qualifying the disturbance/interruption) –
“tumultuous in character”
Article 154
 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES:
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 by
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.

Article 155
 TYPES OF ALARMS AND SCANDALS:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause alarm or danger
2. Instigating or taking 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 amusement
4. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided the act is not covered by Art 153 (tumult).
 Charivari – mock serenade or discordant noises made with kettles, tin horns etc,
designed to deride, insult or annoy
 Firearm must not be pointed at a person, otherwise, it is illegal discharge
 What governs is the result, not the intent
 CRIME Nature of Crime Who are Liable

Tumults and other Private persons,

Disturbances (153) Crime against Public Order outsider

Private persons,
Alarms and Scandals (155) Crime against Public Order outsider

Article 156
 ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
1. That there is a person confined in a jail or penal establishment.
2. That the offender removes therefor such person, or helps the escape of such
person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
3. Offender is a private individual
 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
 A policeman assigned to the city jail as guard who while off-duty released a
prisoner is liable here
 It may be committed through negligence
 Circumstances qualifying the offense – is committed by means of violence,
intimidation or bribery.
 Mitigating circumstance – if it takes place outside the penal establishment by
taking the guards by surprise

VI. EVASION OF SENTENCE OR SERVICE

 
Article 157
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation of liberty (destierro
included)
3. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
 A continuing offense.
 Offenders – not minor delinquents nor detention prisoners
 If escaped within the 15 day appeal period – no evasion
 No applicable to deportation as the sentence
 Flimsy excuse for violating destierro – not acceptable
 Circumstances qualifying the offense (done thru):
1. unlawful entry (by “scaling”)
2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or intimidation
4. connivance with other convicts or employees of the penal institution

Article 158
  ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
1. That the offender is a convict by final judgement who is confined in a penal
institution.
2. That there is disorder, resulting from- 1. conflagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or

5. mutiny in which he has not participated.

1. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during the
mutiny.
2. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing the
passing away of such calamity.
 Penalty: an increase by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months.
 Offender must escape to be entitled to allowance
 Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt
 Disarming the guards is not mutiny

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.
 Condition extends to special laws – violation of illegal voting
 Offender must have been found guilty of the subsequent offense before he can be
prosecuted under this Article. But if under Revised Admin Code, no conviction
necessary. President has power to arrest, reincarnate offender without trial.

VIOLATION OF PARDON ORDINARY EVASION

Infringement of conditions/terms of To evade the penalty given by the courts

President – disturbs the public order

 Two penalties provided:

1. prision correccional in its minimum period – if the penalty remitted does not
exceed 6 years
2. the unexpired portion of his original sentence – if the penalty remitted is higher
than 6 years

VII. COMMISSION OF ANOTHER CRIME

Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
 ELEMENTS
1. That the offender was already convicted by final judgement of one offense.
2. That he committed a new felony before beginning to serve such sentence or while
serving the same.
 Quasi-recidivism : a person after having been convicted by final judgement shall
commit a new felony before beginning to serve such sentence, or while serving the
same.
 Second crimes must belong to the RPC, not special laws. First crime may be either
from the RPC or special laws
 Reiteracion: offender shall have served out his sentence for the prior offense
 A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
 If new felony is evasion of sentence – offender is not a quasi-recidivist
 Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
 Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex.
Minority)

TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
 

Article 161
 TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 When the signature of the President is forged, it is not falsification but forging of
signature under this article
 Signature must be forged, others signed it – not the President.

Article 162
 USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
1. That the great seal of the republic was counterfeited or the signature or stamp of
the chief executive was forged by another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal or forged signature or stamp.
 Offender is NOT the forger/not the cause of the counterfeiting

Article 163
 ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
1. That there be false or counterfeited coins (need not be legal tender).
 2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
 Coin is counterfeit – if it is forged, or if it is not an article of the government as
legal tender, regardless if it is of no value
 Counterfeiting – imitation of legal or genuine coin (may contain more silver,
different design) such as to deceive an ordinary person in believing it to be genuine
 Utter – to pass counterfeited coins, deliver or give away
 Import – to bring to port the same
 Both Philippine and foreign state coins
 Applies also to coins withdrawn from circulation
 Essence of article: making of coins without authority

Article 164
 ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:

This has been repealed by PD 247. Under this PD, the acts punishable are:

1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
 Mutilation – to take off part of the metal either by filling it or substituting it for
another metal of inferior quality, to diminish by inferior means (to diminish metal
contents).
 Foreign notes and coins not included. Must be legal tender.
 Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
 2 Types
1. Possession of coin, counterfeited or mutilated by another person, with intent to
utter the same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
4. Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
 Possession does not require legal tender in foreign coins
 Includes constructive possession
 Read RA 427

 
Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
 Acts punishable:
1. Forging or falsity of treasury/bank notes or documents payable to bearer
2. Importing of such notes
3. Uttering of such false or forged obligations and notes in connivance with forgers
and importers
 Forging – by giving a treasury or bank note or document payable to bearer/order an
appearance of a true and genuine document
 Falsification – by erasing, substituting, counterfeiting or altering by any means the
figures and letters, words, signs contained therein
 E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through falsification
of an obligation or security of the Phil
 PNB checks not included here – it’s falsification of commercial document under
Article 172
 Obligation or security includes: bonds, certificate of indebtedness, bills, national
bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for
money, sweepstakes money

Article 167
 ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER:
1. That there be an instrument payable to order or other document of credit not
payable to bearer.
2. That the offender either forged, imported or uttered such instruments.
3. That in case of uttering, he connived with the forger or importer.

Article 168
 ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENT OF CREDIT:
1. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of credit
not payable to bearer is forged or falsified by another person.
2. That the offender knows that any of those instruments is forged or falsified.
3. That  he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
 Act sought to be punished: Knowingly possessing with intent to use any of such
forged treasury or bank notes

Article 169
FORGERY
 How forgery is committed:
 if all acts done but genuine appearance is not given, the crime is frustrated
1. by giving to a treasury or bank note or any instrument payable to bearer or to
order, the appearance of a true and genuine document
 2. by erasing, substituting, counterfeiting, altering by any means the figures, letters
or words, or signs contained therein.

Article 170
 ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
 Accused must not be a public official entrusted with the custody or possession of
such document otherwise Art 171 applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER
 ELEMENTS:
1. That the offender is a public officer, employee, or notary public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate, or an attempt to imitate
2. That the two signatures or handwritings, the genuine and the forged, bear some
resemblance, to each other
 (lack of similitude/imitation of a genuine signature will not be a ground for
conviction under par. 1 but such is not an impediment to conviction under par. 2)
1. Causing it to appear that persons have participated in any act or proceeding when
they did not in fact so participate.
2. Attributing to persons who have participated in an act or proceeding statements
other than those in fact made by them.
Requisites:
1. That the offender caused it to appear in a document that a person/s participated
in an act or a proceeding; and
2. That such person/s did not in fact so participate in the act or proceeding
3. Making untruthful statements in a narration of facts;
Requisites:
1. That the offender makes in a document statements in a narration of facts
2. That he has a legal obligation to disclose the truth of the facts narrated by him;
(required by law to be done) and
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion or truth in the narration of facts was made with the wrongful
intent of injuring a third person
 There must be a narration of facts, not a conclusion of law. Must be on a material
matter
 Legal obligation means that there is a law requiring the disclosure of the truth of
the facts narrated. Ex. Residence certificates
  The person making the narration of facts must be aware of the falsity of the facts
narrated by him. This kind of falsification may be committed by omission
1. Altering true dates. – date must be essential
2. Making any alteration or intercalation in a genuine document which changes its
meaning.
Requisites:
1. That there be an alteration (change) or intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of the document
4. That the change made the document speak something false.
5. Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such copy a statement
contrary to, or different from, that of the genuine original; (if no knowledge,
falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book. (genuine document)
7. In case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.
 There is no crime of attempted or frustrated falsification of public document
 Persons liable – public officer, employee or notary public or ecclesiastical minister
 If offender does not take advantage of his public position, he may still be liable for
falsification of documents by a private person
 Document: any written statement by which a right is established or an obligation is
extinguished
 Not necessary that what is falsified is a genuine or real document, enough that it
gives an appearance of a genuine article
 Counterfeiting – imitating any handwriting, signature or rubric
 Feigning – simulating a signature, handwriting, or rubric out of one of which does
not in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE
INDIVIDUAL (par 1)
 ELEMENTS
1. That the offender is a private individual or a public officer or employee who did
not take advantage of his official position.
2. That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which
changes its meaning.
7. That the falsification was committed in any public or official or commercial
document.
 Under this paragraph, damage is not essential, it is presumed
  Defense: lack of malice or criminal intent
 The following writings are public:
 Examples of commercial documents – warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable instruments
 Cash disbursement vouchers or receipts evidencing payments are not commercial
documents
 A mere blank form of an official document is not in itself a document
 The possessor of falsified document is presumed to be the author of the
falsification
1. the written acts or records of cats of the sovereign authority of official bodies and
tribunals, and of the public officers, legislative, judicial and executive, whether of
the Philippines or of a foreign country.
2. Public records kept in the Philippines.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT

 ELEMENTS :
1. That the offender committed any of the acts of falsification, except those in
paragraph 7 and 8, enumerated in art. 171.
2. That the falsification was committed in any private document (must affect the
truth or integrity of the document)
3. That the falsification caused damage (essential element; hence, no crime of estafa
thus falsification of private document) to a third party or at least the falsification
was committed with intent to cause such damage.
 Not necessary that the offender profited or hoped to profit from the falsification
 A document falsified as a necessary means to commit another crime must be
public, official or commercial
 There is no complex crime of estafa through falsification of a private document
because the immediate effect of the latter is the same as that of estafa
 If the estafa was already consummated at the time of the falsification of a private
document was committed for the purpose of concealing the estafa, the falsification
is not punishable, because as regards the falsification of the private document there
was no damage or intent to cause damage.
 A private document may acquire the character of a public document when it
becomes part of an official record and is certified by a public officer duly authorized
by law
 The crime is falsification of public documents even if falsification took place
before the private document becomes part of the public records.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

 ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2
of art. 172.
3. That he introduced said document in evidence in any judicial proceeding. (intent
to cause damage not necessary)
4. that the offender knew that a document was falsified by another person.
 5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and
2 of art. 172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or at least was used with
intent to cause such damage.
2. Use in any other transaction
 The user of the falsified document is deemed the author of falsification, if:
1. the use is so closely connected in time with the falsification
2. the user had the capacity of falsifying the document

Falsification of Private
Documents Falsification of Public/Official Documents

Prejudice to third persons is immaterial, what

is punished is the violation of public faith and
Prejudice to third party is an perversion of truth which the document
element of the offense. proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND
USE OF SAID FALSIFIED MESSAGES
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message

Requisites:

1. That the offender is an officer or employee of the government or an officer or

employee of a private corporation, engaged in the service of sending or receiving
wireless, cable or telephone message.
2. That the accused commits any of the following acts:

-       uttering fictitious wireless, cable, telegraph, or telephone message, or

-       falsifying wireless, cable, telegraph, or telephone message

1. Falsifying wireless, telegraph or telephone message

Requisites:
1. That the offender is an officer or employee of the government or an officer or
employee of a private corporation, engaged in the service of sending or receiving
wireless, cable or telephone message.
2. That the accused commits any of the following acts:

-       uttering fictitious wireless, cable, telegraph, or telephone message, or

-       falsifying wireless, cable, telegraph, or telephone message

1. Using such falsified message

Requisites:
 1. That the accused knew that wireless, cable, telegraph, or telephone message was
falsified by any of the person specified in the first paragraph of art. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the prejudice of a third party, or
that the use thereof was with intent to cause such prejudice.
 The public officer, to be liable must be engaged in the service of sending or
receiving wireless, cable and telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND
THE LIKE:
 Persons liable:
1. Physician or surgeon who, in connection with the practice of his profession, issued
a false certificate (note: such certificate must refer to the illness or injury of a
person)
2. Public officer who issued a false certificate of merit of service, good conduct or
similar circumstances
3. Private individual who falsified a certificate under (1) and (2)

Article 175
 ELEMENTS OF USING FALSE CERTIFICATES:
1. That a physician or surgeon has issued a false medical certificate, or a public
officer has issued a false certificate of merit or service, good conduct, or similar
circumstances, or a private person had falsified any of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:
 Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced into the Philippines by another person
 The implement confiscated need not form a complete set
 Constructive possession is also punished

II. OTHER FALSITIES

Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
 2 ways of committing the crime:
 1. By knowingly and falsely representing oneself to be an officer, agent or
representative of any department or agency of the Philippine gov’t or any foreign
gov’t.
2. By performing an act pertaining to any person in authority or public officer of the
Phil gov’t or foreign gov’t under the pretense of such official position, and without
being lawfully entitled to do so.
 In usurpation of authority: The mere act of knowingly and falsely representing
oneself  is sufficient. Not necessary that he performs an act pertaining to a public
officer.
 In usurpation of official functions: It is essential that the offender should have
performed an act pertaining to a person in authority
 A public officer may also be an offender
 The act performed without being lawfully entitled to do so must pertain:
1. to the gov’t
2. to any person in authority
3. to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
 ELEMENTS (using fictitious name) :
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a
passport)
 ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and
3. all other personal circumstances.
1. that the purpose is only to conceal his identity.

Use of Fictitious Name (178) Concealing True Name (178)

Element of publicity must be present Publicity not necessary

Purpose is to conceal a crime, to evade the

execution of a judgement, or to cause
damage Purpose is to conceal identity

Article 179
 ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by the offender or
to a class of persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
 an exact imitation of the dress or uniform is unnecessary

Article 180
  ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is either acquitted or
convinced in a final judgment (prescriptive period starts at this point)
 Requires criminal intent, can’t be committed through negligence. Need not impute
guilt upon the accused
 The defendant must at least be sentenced to a correctional penalty or a fine or
must have been acquitted
 The witness who gave false testimony is liable even if the court did not consider his
testimony
 Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
 False testimony by negative statement is in favor of the defendant
 False testimony need not in fact benefit the defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final judgement is not necessary).  The
false testimony need not influence the acquittal
 A defendant who voluntarily goes up on the witness stand and falsely imputes the
offense to another person the commission of the offense is liable under this article.
If he merely denies the commission of the offense, he is not liable.
 Basis of penalty: gravity of the felony charged against the defendant

Article 182
 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing the same to be
false.
5. That the testimony must be malicious and given with an intent to affect the issues
presented in the said case
 Not applicable when testimony given in a special proceeding (in this case, the
crime is perjury)
 Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION:
1. That an accused made a statement under oath or made an affidavit upon a
material matter.
2. That the statement or affidavit was made before a competent officer, authorized
to receive and administer oath.
 3. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
4. That the sworn statement or affidavit containing the falsity is required by law.

 2 ways of committing perjury:

 Subornation of perjury: procures another to swear falsely. Solemn affirmation:
refers to non-judicial proceedings and affidavits
 A false affidavit to a criminal complaint may give rise to perjury
 A matter is material when it is directed to prove a fact in issue
 A “competent person authorized to administer an oath” means a person who has a
right to inquire into the questions presented to him upon matters under his
jurisdiction
 There is no perjury through negligence or imprudence since the assertion of
falsehood must be willful and deliberate
 Even if there is no law requiring the statement to be made under oath, as long as it
is made for a legal purpose, it is sufficient
 Perjury is an offense which covers false oaths other than those taken in the course
of judicial proceedings
 False testimony before the justice of the peace during the P.I. may give rise to the
crime of perjury because false testimony in judicial proceedings contemplates an
actual trial where a judgment of conviction or acquittal is rendered
 A person who knowingly and willfully procures another to swear falsely commits
subornation of perjury and the witness suborned does testify under circumstances
rendering him guilty of perjury.
 The false testimony is not in a judicial proceeding
1. by falsely testifying under oath
2. by making a false statement

Article 184
 ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:

a       That the offender offered in evidence a false witness or false testimony.

b       That he knew the witness or the testimony was false.

c        That the offer was made in a judicial or official proceeding.

 Article applies when the offender without inducing another, but knowing him to be
a false witness, presented him and the latter testified falsely in a judicial or official
proceeding
 The false witness need not be convicted of false testimony.  The mere offer is
sufficient.

III. FRAUDS
Article 185
 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:

a     That there be a public auction.

b     That the accused solicited any gift or a promise from any of the bidders.

c      That such gifts or promise was the consideration for his refraining from taking
part in that public auction.

d     That the accused had the intent to cause the reduction of the price of the thing
auctioned.

 ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:

a     That there be a public auction.

b     That the accused attempted to cause the bidders to stay away from that public
auction

c      That it was done by threats, gifts, promises, or any other artifice.

d     That the accused had the intent to cause the reduction of the price of the thing
auctioned.

Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
 Acts punished:
1. Combination to prevent free competition in the market
2. By entering into a contract or agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce
or prevent by artificial means free competition in the market (It is enough that
initial steps are taken. It is not necessary that there be actual restraint of trade)
3. Monopoly to restrain free competition in the market

- By monopolizing any merchandise or object of trade or commerce, by combining with

any person or persons to monopolize said merchandise or object in order to alter the
prices thereof by spreading false rumors or making use of any other artifice to restrain
free competition in the market

4. Manufacturer, producer or processor or importer combining, conspiring or agreeing

with any person to make transactions prejudicial to lawful commerce or to increase
the market price of the merchandise.
 Person/s liable:
 Crime is committed by:
 The purpose is:
 Also liable as principals:
 Aggravated if items are:
1. manufacturer
2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to make transactions prejudicial to lawful commerce
 2. to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Phil
1. corporation/association
2. agent/representative
3. director/manager – who willingly permitted or failed to prevent commission of
above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity

Article 187
 ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES
OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR
ALLOYS:

a     That the offender imports, sells or disposes of any of those articles or
merchandise.

b     That the stamps, brands, or marks or those articles or merchandise fails to
indicate the actual fineness or quality of said metals or alloys.

c      That the offender knows that the said stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or alloys.

Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
 Acts punishable:

a     By  (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real
manufacturer or dealer upon any article of commerce and (b) selling the same.

b     By selling or by offering for sale such article of commerce, knowing that the t/n
or t/m has been fraudulently used

c      By using or substituting the service mark of some other person, or a colorable
imitation of such marks, in the sale or advertising of services

d     By printing, lithographing or reproducing t/n, t/m or service mark of one person,
or a colorable limitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK
SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
 Acts punished:
a     Unfair competition by selling his goods, giving them the general appearance of the
goods of another manufacturer or dealer

b     Fraudulent designation of origin; false description by (a) affixing to his goods or
using in connection with his services a false designation of origin; or any false
description or representation, and (b) selling such goods or services

c      Fraudulent registration by procuring fraudulently from the patent office the
registration of t/m, t/m or service mark.

 ELEMENTS:

a     That the offender gives his goods the general appearance of the goods of another
manufacturer or dealer

b     That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any other
feature of their appearance

c      That the offender offers to sell or sells those goods or gives other persons a
chance or opportunity to do the same with a like purpose.

d     That there is actual intent to deceive the public or defraud a competitor.

TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)
 

I.          Acts Punishable:

1. importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation of prohibited drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records of prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
 Importation of prohibited/regulated drugs.
 Sale, administration, delivery, distribution and transaction of prohibited/regulated
drugs.
Qualifying Circumstances – if the victim of the offense is a minor or should a
prohibited/regulated drug involve in any offense under this section be the proximate
cause of the death of a victim thereof, the maximum penalty herein shall be imposed.
 Maintenance of a den, dive, or resort for prohibited/regulated drug users.
Qualifying Circumstance – where a prohibited/regulated drug is administered,
delivered, or sold to a minor who is allowed to use the same in such place, or should a
prohibited drug be the proximate cause of the death of the person using the same in
such den, dive or resort, the maximum of the penalty shall be imposed.
 Manufacture of prohibited/regulated drugs.
 Possession of prohibited/regulated drugs.

·         Cultivation of plants which are

sources of prohibited drugs.
a     Note: The land/portions thereof and/or greenhouses in which any of the said
plants is cultivated or cultured shall be confiscated and escheated to the State, unless
the owner thereof can prove that he did not know of such cultivation or culture
despite the exercise of due diligence on his part.
b     Qualifying Circumstance – if the land involved is part of the public domain, the
maximum of the penalty herein provided shall be imposed.

·         Failure to keep records of

prescription, sales, purchases, acquisitions
and/or deliveries of prohibited/regulated
drugs
Persons liable:

Pharmacist, Physician, Dentist,

Veterinarian, Manufacturer, Wholesaler,
Importer, Distributor, Dealer, Retailer
·         Unlawful prescription of
prohibited/regulated drugs
·         Unnecessary prescription of
prohibited/regulated drugs
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug
for any person whose physical/physiological condition does not require the use of
thereof.
·         Possession of opium pipe,
equipment, apparatus or any
paraphernalia fit or intended for smoking,
consuming, administering, injecting,
ingesting, or otherwise using opium or any
other prohibited drug, shall be prima facie
evidence that the possessor has smoked,
consumed, administered to himself,
injected or used a prohibited drug.
·         Attempt and conspiracy to commit
the following offenses:
a     Importation of dangerous drugs

b     Sale, administration, delivery, distribution and transportation of dangerous drugs

c      Maintenance of a den, dive or resort for prohibited drugs

d     Manufacture of dangerous drugs

e     Cultivation or culture of plants which are sources of prohibited drugs

 Other persons liable:

a     If the violation of the Act is committed by a partnership, corporation, association

or any judicial person, the partner, president, director, or manager who consents to or
knowingly tolerates such violation shall be held criminally liable as co-principal.

b     Partner, president, director, manager, officer or stockholder, who knowingly

authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an
instrument in the importation, sale, delivery, distribution or transportation of
dangerous drugs, or to the use of their equipment, machines or other instruments in
the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment,
or other instrument, is owned or under the control and supervision of the partnership,
corporation, association or judicial entity to which they are affiliated.

c      Government official, employee or officer who is found guilty of “planting” any
dangerous drugs in the person or in the immediate vicinity of another as evidence to
implicate the latter.

II.         For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and, as such,
are vested with the power to apprehend, arrest, or cause the apprehension or
arrest of any person who shall violate any of the said provision.
1. NOTE: They shall be considered as persons in authority id they are in the school or
within its immediate vicinity, or beyond such immediate vicinity of they are in
attendance in any school or class function in their official capacity as school heads,
supervisors or teachers.
2. Any teacher or school employee who discovers or finds that any person in the
school or within its immediate vicinity is violating this Act shall have the duty to
report the violation to the school head or supervisor who shall, in turn, report the
matter to the proper authorities. Failure to report in either case shall, after
hearing, constitute sufficient cause for disciplinary action. (Sec. 28)
1. III.           Rules:
1. Voluntary submission of a drug dependent to confinement, treatment and
rehabilitation by the drug dependent himself or through his parent, guardian or
relative within the 4th civil degree of consanguinity or affinity, in a center and
compliance with such conditions therefor as the Dangerous Drugs Board may
prescribe shall exempt from criminal liability for possession or use of the
prohibited/regulated drug.
2. Should the drug dependent escape from the center, he may submit himself for
confinement within 1 week from the date of his escape, of his parent guardian or
relative may, within the same period surrender him for confinement.
3. Upon application of the Board, the Court shall issue an order for recommitment if
the drug dependent does not resubmit himself for confinement or if he is not
surrendered for recommitment.
4. If, subsequent to such recommitment, he should escape again, he shall no longer
be exempt from criminal liability for the use or possession of any dangerous drug.
5. If a person charged with an offense is found by the fiscal or by the Court at any
stage of the proceedings, to be a drug dependent, the fiscal or court as the case
may be, shall suspend all further proceedings and transmit records of the case to
the Board.
6. After his rehabilitation, he shall be prosecuted for such violation. In case of
conviction, the judgement shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good behavior, indicate that he shall be
given full credit for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the accused is not
a recidivist, the penalty thereof shall be deemed to have been served in the center
upon his release therefrom.
7. The period of prescription of the offense charged shall not run during the time that
the respondent/accused is under detention or confinement in a center.
8. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of the
offense but not more than 21 years of age when the judgement should have been
promulgated.
2. He has not been previously convicted of violating any provision of this Act or of the
RPC or placed on probation.
 Sentence shall be deferred and the accused shall be placed on probation under the
supervision of the Board.
 In case of violation of conditions of pardon, court shall pronounce judgement of
conviction and he shall serve sentence.
 If accused did not violate conditions of probation, case shall be dismissed upon
expiration of the designated period.
 Notes:
a     Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of
the plants is cultivated – confiscated and escheated to the State. UNLESS: owner can
prove that he had no knowledge of the cultivation despite due diligence

b     If land is part of the public domain – maximum penalty imposed

c      Possession of opium pipe and other paraphernalia – prima facie evidence that the
possessor has smoked, consumed, administered himself, used prohibited drugs

d     Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M
apply when:

Opium                         40 grams up

Morphine                  40 grams up

Shabu                         200 grams up

Heroin                        40 grams up

Indian hemp             750 grams up

MJ resin                      50 grams up

Cocaine                        40 grams up

Other drugs                Quantity far beyond therapeutic requirement

(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)

e     RA 7659 – PD 1619 – Possession and Use of Volatile Substances

1. mere attempt to sell, import – already a crime under Article 6

2. conspiracy to sell, deliver, import – already a crime under Article 8
f       Buy Bust Operation – no law or rule to require policemen to adopt a uniform way
of identifying BUY MONEY (P v. Abedes)

g     Absence of ultraviolet power is not fatal in the prosecution

h     Transportation/importation of MJ – immaterial whether there may or may not be

a distinction for the MJ

i       Distinguish Entrapment and Instigation:

1. If prosecution can prove the crime without presenting the informer or asset – not
necessary because their testimonies are merely corroborative. Poseur buyer – it
depends on whether the prosecution can prove the crime without their testimonies
(P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime has been committed
while the accused was high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is
selling or delivering was prohibited drug. But the moment the fact of sale or
delivery is proved by prosecution, the burden to prove that the accused is not aware
that drugs are prohibited falls on the defense (P v. Aranda)
 4. P v. Angelito Manalo – burden of proving the authority to possess shabu is a matter
of defense
5. P v. Hilario Moscaling – court may take judicial notice of the word “shabu”
6. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher:
violation of RA 6425 and malversation under RPC.

j       Planting evidence – to implicate another

k      Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have
prior police surveillance (P v. Carlos Franca)
l       Possession – constructive or actual – not necessary to adduce the marked money
as evidence (P v. Romeo Macara)

m    Separate crimes – sale/possession of MT found in his possession after he was

frisked but he can’t be convicted for possession of MJ that he sold

n     If victim is minor or drug is proximate cause of death – max penalty is imposed
under Sec 4, 5, 15, 15-a

1. If imposable penalty: RP to death – no plea bargaining

2. If offender: government official, employees, officers or found guilty of planting
evidences – same penalty
3. First offense of a minor – suspension of sentence
 under 18 at time of commission but not more than 21 at time when judgment was
promulgated
 found guilty of possession or use of prohibited or regulated drugs
 not been previously convicted of violating any provision of this Act or the RPC
 not been placed on probation
 defer sentence, place on probation for 6 months to 1 year
 violation of probation – pronounce sentence – convict and serve sentence
 no violation – discharge him and dismiss the proceeding
 if minor is drug dependent – commit to a center for treatment and rehabilitation

TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS

GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)

1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
3. Illegal gambling

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND

MACHINATIONS IN SPORTS CONTESTS
PD 483
 Acts Punishable:
1. Betting: Betting money or any object or article of value of representative value
upon the result of any game, races and other sports contests.
 2. Game-fixing: any arrangement, combination, scheme or agreement by which the
result of any game, races, or sports contests shall be predicated and/or known other
than on the basis of the honest playing skill or ability of the players or participants.
3. Point-shaving: any such arrangement combination, scheme or agreement by which
the skill or ability of any player or participant in a fame, races, or sports contests to
make points of scores shall be limited deliberately in order to influence the result
thereof in favor of one or other team, player or participant.
4. Game Machination: any other fraudulent, deceitful, unfair or dishonest means,
method, manner or practice employed for the purpose of influencing the result of
any game, races or sports contest.

COCKFIGHTING LAW OF 1974

PD 449
1. Scope – This law shall govern the establishment, operation, maintenance and
ownership of cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited by existing laws shall be
allowed to own, manage and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
3. Cockpits shall be constructed and operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
4. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during
Sundays and legal holidays and during local fiestas for not more than 3
days; or
2. During provincial, city or municipal, agricultural, commercial or
industrial fair, carnival or exposition for a similar period of 3 days upon
resolution of the province, city or municipality where such fair, carnival
or exposition is to be held, subject to the approval of the Chief of
Constabulary or his authorized representative.
Limitations:

a)    No cockfighting on the occasion of such fair, carnival or exposition shall be

allowed within the month of the local fiesta or for more than 2 occasions a year in the
same city of municipality.

b)    No cockfighting shall be held on December 30, June 12,November 30, Holy
Thursday, Good Friday, Election Day and during registration days for such
election/referendum.

1. If the purpose is for the entertainment of foreign dignitaries or for tourists, or for
returning balikbayans, or for the support of national fund-raising campaigns for
charitable purposes as may be authorized by the Office of the President upon
resolution of a provincial board, city or municipal council, in licensed cockpits or in
playgrounds or parks.

Limitations: This privilege shall be extended for only one time, for a period not
exceeding 3 days, within a year to a province, city or municipality.
 1. No gambling of any kind shall be permitted on the premises of the cockpit or place
of cockfighting during cockfights.
2. City or municipal mayors are authorized to issue licenses for the operation and
maintenance of cockpits.

II. OFFENSES AGAINST DECENCY AND

GOOD CUSTOMS
Article 200
 ELEMENTS OF GRAVE SCANDAL:
1. Offender performs an act
2. Act is highly scandalous as offending against decency or good customs
3. Highly scandalous conduct does not expressly fall within any other article of the
RPC
4. 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).
 Grave scandal: consists of acts which are offensive to decency and good customs.
They are committed publicly and thus, give rise to public scandal to persons who
have accidentally witnessed the acts
 Decency: means properly observing the requirements of modesty, good taste etc
 Customs: refers to established usage, social conventions carried on by tradition and
enforced by social disapproval in case of violation
 If the acts complained of are punishable under another provision of the RPC, Art
200 is not applicable
 The essence of grave scandal is publicity and that the acts committed are not only
contrary to morals and good customs but must likewise be of such character as to
cause public scandal to those witnessing it.

Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
 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 ion theaters,
fairs, cinemas or any other place
6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature
which are offensive to morals
 Morals: implies conformity to generally accepted standards of goodness or rightness
in conduct or character
 Test of obscenity: whether the matter has a tendency to deprave or corrupt the
minds of those who are open to immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of men as indecency.
 However, Art 201 enumerates what are considered as obscene literature or
immoral or indecent plays, scenes or acts:
 Mere nudity in paintings and pictures is not obscene
 Pictures w/ a slight degree of obscenity having no artistic value and intended for
commercial purposes fall within this article
  Publicity is an essential element
1. those w/c glorify criminals or condone crimes
2. those w/c serve no other purpose but to satisfy the market for violence, lust or
pornography
3. those w/c offend against any race or religion
4. those w/c 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
 
Article 202
VAGRANTS AND PROSTITUTES:
 Who are considered vagrants:
1. Those who have no apparent means of subsistence and who have the physical
ability to work yet neglect to apply themselves to some useful calling
2. Persons found loitering around public and semi-public places without visible means
of support
3. Persons tramping or wandering around the country or the streets with no visible
means of support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes (may include
even the rich)
6. Persons found loitering in inhabited or uninhabited places belonging to others,
without any lawful or justifiable reason provided the act does not fall within any
other article of the RPC
If fenced and with prohibition of entry Trespass to dwelling

If fenced and entered to hunt/fish Attempted theft

If not fenced and with no prohibition of

entry Vagrancy

 Who are considered prostitutes – refer to women who habitually indulge in sexual
intercourse or lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)