TITLE ONE: Crimes against na onal security and law of the na ons penal es provided by law, and the

penal es provided by law, and the fact that the crime is commi ed in abnormal mes, when
Ar cle 114. Treason small di erences may in mortal enmity wipe out all scruples in sacri cing the truth.
ELEMENTS:
1. That the o ender owes allegiance to the Government of the Philippines NOTE:
2. That there is a war in which the Philippines is involved • Treason is a war crime, it is punished by the state as a measure of self- defense
3. That the o ender either (modes of commi ng) and self-preserva on.
a.) levies war against the government; or • The levying of war must be with intent to overthrow the government as such, not
b.) adheres to the enemies, giving them aid or comfort. merely to resist a par cular statute or to repeal a par cular o cer. It is not
necessary that those a emp ng to overthrow the government by force of arms
Ways of being commi ed should have the apparent power to succeed in their design, in whole or in part.
1. Levying war • Treason absorbs crimes commi ed in furtherance thereof.
• Means that there be an actual assembling of men for the purpose of execu ng a • Emo onal or intellectual sympathy to the enemy, without giving the enemy aid or
treasonable design by force comfort, is not treason.
2. Adherence to the enemy rendering him aid and comfort • There is no treason thru negligence. The overt act of giving aid or comfort to the
• Means that there be intent to betray. There is “adherence to the enemy” when a enemy must be inten onal.
ci zen intellectually or emo onally favors the enemy and harbors sympathies or • Mere acceptance of public o ce and discharge of o cial du es under the enemy
convic ons disloyal to his country’s policy or interest. do not cons tute per se the felony of treason. But when the posi on is policy-
• The term “alien” applies only to the subjects of a foreign power. It does not determining, the acceptance of public o ce and the discharge of o cial du es
embrace rebels in insurrec on against their own country, for in that case the cons tute treason.
crime would be rebellion. • Treason commi ed in a foreign country may be prosecuted in the Philippines.
(Art.2, RPC)
Treason- is a breach of allegiance to a government, commi ed by a person who owes • Treason by an alien must be commi ed in the Philippines. (EO 44).
allegiance to it. • Treason is a CONTINUOUS OFFENSE. All overt acts of treason the accused has
commi ed cons tute but a single o ense.
Allegiance- is the obliga on of delity and obedience which the individual owe to the
government under which they live or to their sovereign, in return for the protec on they Is rebellion a crime against na onal security?
receive. Hence an alien residing in the Philippines may be prosecuted for acts of treason due No. Rebellion is included in crimes against public order. As such, it is not among the excep ons
to the temporary allegiance he owes to the Philippine government. to the territoriality rule under Ar cle 2 (5) which covers crime under this Title. Hence, rebellion
planned and carried out outside of the Philippines is not within this jurisdic on.
MEANING OF “aid or comfort”
An act which strengthens or tends to strengthen the enemy in the conduct of war against the Who can be liable for the crime of treason?
traitor’s country or any act which weakens or tends to weaken the power of the traitor’s Both ci zens and aliens can be liable for treason; for ci zens, as they owe permanent
country to resist or to a ack the enemy. allegiance to the Philippines as such. For aliens, because for their presence here, they owe
temporary allegiance to this country which is bound to extend
Ways of proving Treason (overt act): to them the same protec on accorded its ci zens.
1. Tes mony of two witnesses, at least, to the same over act (two-witness rule); or
2. Confession of guilt in open court What kind of allegiance do ci zens and aliens owe this country?
A ci zen or subject owes, not a quali ed or temporary, but an absolute and permanent
Adherence may be proved: allegiance, which consists in the obliga on of delity and obedience to his government or
1. by one witness; sovereign; and that this absolute and permanent allegiance should not be confused with the
2. from the nature of the act itself, or quali ed and temporary allegiance which a foreigner owes to the government or sovereign of
3. from the circumstances surrounding the act. the territory wherein he resides, so long as he remains there, in return for the protec on he
receives and which consists in the obedience to the laws of the government
Reason for the two-witness rule: The special nature of the crime of treason requires that the or sovereign. (Laurel v. Misa, January 1947)
accused be a orded a special protec on not required in other cases so as to avoid a
miscarriage of jus ce. The extreme seriousness of the crime, for which death is one of the

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 What is the two-witness rule? • O ender is not punished as an accessory to treason but as a principal in
No person shall be convicted of treason unless on the tes mony of two witnesses to the same misprision.
overt act. If the overt act is separable, two witnesses must also tes fy to each part of the overt
act for convic on. (People v. Adriano, 44 O.G • People v. Abad, 78 Phil.) In addi on to his rule, What kind of conspiracy is treated in Ar cle 115?
the accused may also be convicted upon his confession in open court. Ar cle 115 treats of conspiracy as a crime by itself. The acts are not yet carried out. When the
treasonous acts are executed, the conspiracy becomes a means to commit treason and shall
When can the crime of treason be commi ed? be penalized as treason under Ar cle 114
All crimes against na onal security such as treason can only be commi ed in mes of war
except the following: Where are crimes against the law of na ons triable?
1. Espionage; Crimes against the law of na ons may be punished anywhere because they are considered
2. Inci ng to war or giving mo ves for reprisals crimes against the family of na ons, such as piracy (Hostes humani generis) against na onal
3. Viola on of neutrality; and security may be punished only in the country whose na onal security was o ended.
4. Mu ny and piracy
What is misprision of treason?
What are acts of treason? It is the failure of a ci zen to report as soon as possible a conspiracy, which comes to his
"Acts of treason" include levying war against the Philippines or adhering to her enemies, giving knowledge, against the government. But there must be a war in which the Philippines is
them aid or comfort within the Philippines or elsewhere. involved. The o ender shall be "punished as an accessory to the crime of treason."

Who are the enemies of State? Ar cle 117. Espionage

The word "enemy" in Ar cle 114 should refer to a foreign country (U.S. v. Lagnayon, 3 Phil TWO WAYS OF COMMITTING:
478), because this Ar cle treats of circumstance of war. It cannot refer to rebels who are 1. By entering, without authority, a warship, fort, or military or naval establishment or
covered under Ar cle 135. reserva on to obtain any informa on, plan or other data of con den al nature rela ve to the
defense of the Philippines.
Ar cle 115. Conspiracy and proposal to commit treason ELEMENTS:
Commi ed when in me of war, two or more persons come to an agreement and decide to a) That the o ender enters any of the places men oned therein;
commit it, or when one person proposes to another: b) That he has no authority therefore;
1. to levy war against the Government, or c) That his purpose is to obtain informa on, plans, photographs or other data of a con den al
2. to adhere to the enemies and to give them aid and comfort. nature rela ve to the defense of the Philippines.

NOTE: 2. By disclosing to the representa ve of a foreign na on the contents of the ar cles,

• As a general rule, conspiracy and proposal to commit a felony is not punishable data or informa on referred to in the preceding paragraph, which he had in his
(ART.8), Art 115 is an excep on as it speci cally penalizes conspiracy and proposal possession by reason of the public o ce he holds.
to commit treason. ELEMENTS:
• Two-witness rule does not apply because this is a separate and dis nct o ense. a) That the o ender is a public o cer;
b) That he has in his possession the ar cles, data or informa on referred to in par. no. 1 of Art.
Ar cle 116. Misprision of treason 117, by reason of the public o ce he holds;
ELEMENTS: c) That he discloses their contents to a representa ve of a foreign na on.
1. That the o ender is a ci zen of the Philippines
2. That he has knowledge of any conspiracy against the Government The penalty next higher in degree shall be imposed if the o ender be a public o cer or
3. That the conspiracy is one to commit treason employee.
4. That he conceals or does not disclose and make known the same as soon as possible
to the proper authority. COMMONWEALTH ACT 616 – An Act to Punish Espionage and Other O enses Against Na onal
Security
NOTE:
• Art. 116 does not apply when treason is already commi ed and the accused does
not report its commission.

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 Espionage – is the o ense of gathering, transmi ng, or losing informa on respec ng the Ar cle 120. Correspondence to hos le country
na onal defense with intent or reason to believe that the informa on is to be used to the ELEMENTS:
injury of the Republic of the Philippines or the advantage of a foreign na on. 1. That it is made in me of war in which the Philippines is involved
2. That the o ender makes
Acts Penalized: correspondence with the: (a) enemy country or (b) territory occupied by the enemy
1. Unlawfully obtaining or permi ng to be obtained informa on a ec ng na onal troops
defense 3. That the correspondence is either:
2. Unlawfully disclosing informa on a ec ng na onal defense a) prohibited by the Government, or
3. Disloyal acts or words in me of peace b) carried on in ciphers or
4. Disloyal acts or words in me war conven onal signs containing data which might be useful to the enemy.
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the Act. Correspondence – communica ons by means of le ers; or it may refer to the le ers which
pass between those who have friendly or business rela ons.
Espionage dis nguished from treason
BOTH- Both are crimes not condi oned by the ci zenship of the o ender. NOTE:
Espionage- May be commi ed both in me of peace and in me of war. It may be commi ed • Even if the correspondence contains innocent ma ers, if the correspondence has
in many ways. been prohibited by the government, it is punishable because of the possibility
Treason- Is commi ed only in me of war. It is limited in two ways of commi ng the crime: that some informa on useful to the enemy might be revealed unwi ngly.
levying war, and adhering to the enemy giving him aid or comfort
Circumstances qualifying the o ense
Sec on Two – Provoking war and disloyalty in case of war The following must concur:
Ar cle 118. Inci ng to war or giving mo ves for reprisals 1. That the no ce or informa on might be useful to the enemy.
ELEMENTS: 2. That the o ender intended to aid the enemy.
1. That the o ender performs unlawful or unauthorized acts; and
2. That such acts provoke or give occasion for Ar cle 121. Flight to enemy’s country
(a) a war involving or liable to involve the Philippines or ELEMENTS:
(b) expose Filipino ci zens to reprisals on their persons & property. 1. That there is a war in which the Philippines is involved.
2. That the o ender owes allegiance to the Government.
NOTE: 3. That the o ender a empts to ee or go to enemy country.
• Inten on of the accused is immaterial. 4. That going to enemy country is prohibited by the competent authority.
• This is commi ed in me of peace.
NOTE:
Ar cle 119. Viola on of neutrality • An alien resident may be guilty of ight to enemy country, because an alien owes
ELEMENTS: allegiance to the Philippine government albeit temporary.
1. That there is a war in which the Philippines. is not involved, • Mere a empt to ee or go to enemy country when prohibited by competent
2. That there is a regula on issued by a competent authority for the purpose of enforcing authority consummates the felony.
neutrality, and
3. That the o ender violates such regula on. Sec on Three – Piracy and mu ny on the high seas
Ar cle 122. Piracy in general and mu ny on the high seas
Neutrality – a na on or power which takes no part in a contest of arms going on between
others is referred to as neutral. Piracy – it is robbery or forcible depreda on on the high seas, without lawful authority and
done with animo furandi and in the spirit and inten on of universal hos lity.
NOTE:
• There must be a regula on issued by competent authority for the enforcement of TWO WAYS OR MODES OF COMMITTING PIRACY:
neutrality. It is the viola on of such regula on which cons tutes the crime. 1. By a acking or seizing a vessel on the high seas or in Philippine waters;

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 2. By seizing in the vessel while on the high seas or in Philippine waters the whole or PD 532 (ANTI-PIRACY AND ANTI- HIGHWAY ROBBERY LAW OF 1974)
part of its cargo, its equipment or personal belongings of its complement or Vessel – any vessel or watercra used for:
passengers. (a) transport of passengers and cargo or
(b) for shing.
ELEMENTS OF PIRACY:
1. That a vessel is on the high seas or on Philippine waters Punishes the act of AIDING or ABETTING piracy
2. That the o enders are not members of its complement or passengers of the vessel Requisites:
3. That the o enders 1. Knowingly aids or protects pirates;
a) a ack or seize the vessel or 2. Acquires or receives property taken by such pirates, or in any manner derives any
b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of bene t therefrom;
its compliment or passengers 3. Directly or indirectly abets the commission of piracy.

High seas – waters which are beyond the boundaries of the low-water mark.
⁃ parts of the sea that are not included in the exclusive economic zone, in the
territorial seas, or in the internal waters of a state, or in the archipelagic waters of an
archipelagic state (United Na ons Conven on on the Law of the Sea).
Philippine waters – shall refer to all bodies of water, such as but not limited to seas, gulfs, bays,
around, between and connec ng each of the islands of the Philippine Archipelago, irrespec ve
of its depth, breath, length or dimension, and all waters belonging to the Philippines by
historic or legal tle, including territorial sea, the sea-bed, the insular shelves, and other
submarine areas over which the Philippines has sovereignty and jurisdic on. (Sec. 2, P.D. No.
532)
Piracy dis nguished from robbery in the high seas
Piracy- the o ender is an outsider
Robbery on the high seas- The o ender is a member complement or a passenger of the
vessel.
BOTH- there is intent to gain and the manner of commi ng the crime is the same.
Mu ny – the unlawful resistance to a superior, or the raising of commo ons and disturbances
on board a ship against the authority of its commander.
Piracy dis nguished from mu ny
Piracy- The persons who a ack a vessel or seize its cargo are strangers to the vessels. Intent to
gain is essen al.
Mu ny- They are members of the crew or passengers. The o enders may only intend to ignore
the ship’s o cers or they may be prompted by a desire to commit plunder. the members of
the complement raise commo on to protest or go against the lawful command of the captain
employing violence and endangering the safety of passengers. Any gain derived by the
o enders is merely incidental.
REMEMBER: Pursuant to Art 122, as amended by P.D. 532, Piracy and Mu ny may be
commi ed in Philippine waters.
Note: Under PD 532, piracy may be commi ed even by a passenger or member of the
complement of the vessel.
Compare piracy in the Revised Penal Code and in P.D. 532.
In P.D. 532, the culprits include the crew members or passengers and the concept of vessel in
Sec on 2[b] "shall include all kinds and types of vessels or boats used in shing'' such as banca
or ra . Hence, when robbery is commi ed in a banca or ra in Philippine waters, it is piracy.
The situs is Philippine waters; abbe ors are penalized as accomplices.
In the RPC, the pirates are not crew members or passengers; they are "outsiders." The situs
includes the high seas and Philippine waters. Abe ors are accessories, unless charged as fence
in which case they are principal for fencing, the essence of piracy being robbery.
the coverage of Ar cle 122 was widened to include o enses commi ed "in Philippine waters."
On the other hand, under P.D. 532 (issued in 1974), the coverage of the law embraces any
person including "a passenger or member of the complement of said vessel in Philippine
waters." Hence, passenger or not, a member of the complement or not, any person is covered
by P.D. 532. (People v. Tulin, G.R. No. 111709, August 30, 2001)
Did R.A. 7659 obliterate the crime of piracy under P.D. 532?
No. R.A. 7659 neither superseded nor amended the provisions on piracy under P.D. 532. There
is no contradic on between the two laws. There is likewise no ambiguity and hence, there is
no need to construe or interpret the law. All the P.D. did was to widen the coverage of the law,
in keeping with the intent to protect the ci zenry as well as neighboring states from crimes
against the law of na ons. As expressed in one of the "whereas" clauses of P.D. 532, piracy is
"among the highest forms of lawlessness condemned by the penal statutes of all countries."
For this reason, piracy under Ar cle 122, as amended and piracy under P.D. 532 exist
harmoniously as separate laws.
If piracy was commi ed outside the Philippine waters, will the Philippine courts have
jurisdic on over the o ense?
Yes, for piracy falls under Title I of Book 2. As such, it is an excep on to the rule on territoriality
in criminal law. The same principle applies even if the o enders were charged, not with a
viola on of quali ed piracy under the RPC but under P.D. 532 which penalizes piracy in

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 Philippine waters. Verily, P.D. 532 should be applied with more force since its purpose is transfer from "M/T Galilee" to "M/T Navi Pride." He pro ted therefrom by buying the hijacked
precisely to discourage and prevent piracy in Philippine waters. (People v. Catantan, 278 SCRA cargo for Navi Marine Services, Pty., Ltd. (id.)
761) Regardless of the law penalizing the same, piracy is a reprehensible crime against the
whole world (hostes humani generis). (People v. Lol-lo, 43 Phil. 19) Ar cle 123. Quali ed Piracy
1. Whenever the o enders have seized the vessel by boarding or ring upon the same
Thus, as regards the conten on that the trial court did not acquire jurisdic on over the person 2. Whenever the pirates have abandoned their vic ms without means of saving
of HH since the crime was commi ed outside Philippine waters, unques onably, the a ack on themselves
and seizure of "M/T Tabangao" (renamed "M/T Galilee" by the pirates) and its cargo were 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape
commi ed in Philippine waters, although the cap ve vessel was later brought by the pirates to
Singapore where its cargo was o - loaded, transferred, and sold. And such transfer was done NOTE:
under HH's direct supervision. Although P.D. 532 requires that the a ack and seizure of the • The crime referred to in the 3rd element pertains to piracy and mu ny on the high
vessel and its cargo be commi ed in Philippine waters, the disposi on by the pirates of the seas.
vessel and its cargo is s ll deemed part of the act of piracy, hence, the same need not be • Quali ed piracy is a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to
commi ed in Philippine waters. (People v. Tulin) death, regardless of the number of vic ms.
• Piracy is a crime not against any par cular state but against all mankind. It may be
Can the accused be convicted as an accomplice in an informa on that charges him as a punished in the competent tribunal of any country where the o ender may be
principal? found or into which he may be carried.
Yes. If there is lack of evidence of conspiracy, the liability is that of an accomplice and not as
principal (People v. Tolen- no, 40 SCRA 514). Any doubt as to the par cipa on of an individual ANTI-HIJACKING LAW REPUBLIC ACT 6235
in the commission of the crime is always resolved in favor of lesser responsibility (People v. ACTS PUNISHED:
Corbes, 270 SCRA 465). Hence, the cons tu onal right of accused to be informed of the nature 1. usurping or seizing control of an aircra of Philippine registry while it is in ight;
and cause of accusa on against him was not violated. compelling the pilots thereof to change its course or des na on
2. usurping or seizing control of an aircra of foreign registry, while within Philippine
What is presump on under Sec on 4, P.D. 532? territory, compelling the pilots thereof to land in any part of Philippine territory
Sec on 4 presumes that any person who does any of the acts provided in said sec on has 3. carrying or loading on board an aircra opera ng as a public u lity passenger aircra
performed them knowingly, unless the contrary is proved. In the case at bar, HH failed to in the Philippines ammable, corrosive, explosive or poisonous substances; and
overcome the legal presump on that he knowingly abe ed or aided in the commission of 4. loading, shipping, or transpor ng on board a cargo aircra opera ng as a public u lity
piracy, received property taken by such pirates and derived bene t therefrom. The record in the Philippines, ammable, corrosive, or poisonous substance if not done in
discloses that he aided the pirates in disposing of the stolen cargo by personally direc ng its accordance with the rules and regula ons of the Air Transporta on O ce.
transfer from "M/T Galilee" to "M/T Navi Pride." He pro ted therefrom by buying the hijacked
cargo for Navi Marine Services, Pty., Ltd. (id.) MEANING OF “aircra is in ight”
From the moment all exterior doors are closed following embarka on un l the same doors are
Can the accused be convicted as an accomplice in an informa on that charges him as a again opened for disembarka on.
principal?
Yes. If there is lack of evidence of conspiracy, the liability is that of an accomplice and not as Is there quali ed mu ny?
principal (People v. Tolen- no, 40 SCRA 514). Any doubt as to the par cipa on of an individual Yes. Ar cle 123 speci es that it covers "any of the crimes referred to in the preceding ar cle."
in the commission of the crime is always resolved in favor of lesser responsibility (People v. Thus, it covers not only quali ed piracy but also quali ed mu ny. However, the rst
Corbes, 270 SCRA 465). Hence, the cons tu onal right of accused to be informed of the nature circumstance applies only to piracy because in mu ny, the o enders are "insiders" of the
and cause of accusa on against him was not violated. vessel.

What is presump on under Sec on 4, P.D. 532? The second and third circumstances apply both to mu ny and piracy. The murder, homicide,
Sec on 4 presumes that any person who does any of the acts provided in said sec on has rape, or physical injuries commi ed in the third circumstance are not crimes in themselves,
performed them knowingly, unless the contrary is proved. In the case at bar, HH failed to but are qualifying circumstances. The crime is not complex under Ar cle 48 but a special
overcome the legal presump on that he knowingly abe ed or aided in the commission of complex crime or composite crime. When crimes, other than homicide, rape, murder or
piracy, received property taken by such pirates and derived bene t therefrom. The record physical injuries are commi ed, such are crimes in themselves and not qualifying
discloses that he aided the pirates in disposing of the stolen cargo by personally direc ng its circumstances. Example: piracy with direct assault.

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 con nement or restric on of the person of the o ended party. There must be uncontroverted
What are the four kinds of aircra and their treatment in the law? proof of both intent to deprive the vic m of his liberty and actual con nement or restric on.
1. Aircra of Philippine registry - it must be in ight The fact that the aggrieved party has not been seen or heard of since he was last seen with the
2. Aircra of foreign registry - it need not be in ight accused, does not prove that he has been detained and deprived of his liberty. (People v.
3. Public u lity passenger aircra - mere carrying of prohibited substance is criminal Flores, G.R. No. 116488, May 31, 2001)
4. Public u lity cargo aircra - non-compliance with the ATO rules and regula ons
cons tutes the criminal act. How is arbitrary deten on commi ed?
The deten on at the very start is unlawful because there is no warrant of arrest and there is no
TITLE TWO: Crimes Against the Fundamental Laws of the State lawful cause.
Ar cle 124. Arbitrary deten on
Elements: A deten on without lawful cause by barangay o cials cons tutes arbitrary deten on because
1. That the o ender is a public o cer or employee they are persons in authority or agents of persons in authority. They are vested with authority
2. That he detains a person to cause arrests in the maintenance of peace and order in the barangay.
3. That the deten on is without legal
grounds If the o ender falsely imputes a crime against a person to be able to arrest him and appears
not determined to le a charge against him, the crime is arbitrary deten on through unlawful
Deten on – a person is detained when he is placed in con nement arrest. (Ar cle 269) If they planted evidence to e ect the arrest, it is arbitrary deten on
or there is restraint on his person. through incrimina ng innocent persons. (Ar cle 363)

LEGAL GROUNDS FOR THE DETENTION OF PERSONS: Compare arbitrary deten on with unlawful arrest.
1. The commission of a crime Arbitrary deten on is commi ed by a public o cer authorized to arrest and detain a person
2. Violent insanity or other ailment but he does so without lawful cause. While unlawful arrest (Ar cle 269) is by either private
requiring compulsory con nement of the pa ent in a hospital individual or public o cer who feigned to arrest a person without any legal cause and the
purpose of such arrest is to bring him to authority and le a charge. If a charge is led, the
The penalty for Arbitrary Deten on depends upon the period of deten on involved, a greater deten on is deemed an incident of the arrest and the ling of charges against him. It is the
penalty is imposed if the period is longer as provided in the following gradua ons, to wit: arrest that is penalized in Ar cle 269.
1. If the deten on has not exceeded 3 days. ( prision mayor in its maximum period to
prision correccional in its minimum period) Compare Ar cle 124, 267 and 269.
2. If the deten on has con nued more than 3 days but not more than 15 days. (Prision
correccional in its medium period and maximum periods) Ar cle 125. Delay in the delivery of detained persons to the proper judicial authori es.
3. If the deten on has con nued for more than 15 days but not more than 6 months. ELEMENTS:
(Prision mayor) 1. That the o ender is a public o cer or employee
4. If the deten on has exceeded 6 months. (Reclusion temporal) 2. That he has detained a person for some legal ground ( Sec. 5, Rule 113, Rules of Court)
Arrest without a warrant is the usual cause of arbitrary deten on. 3. That he fails to deliver such person to the proper judicial authori es within:
a) 12 hrs. for light penal es or their equivalent.
Who can commit the crime of arbitrary deten on? b) 18 hrs. for correc onal penal es or their equivalent.
Arbitrary deten on can be commi ed by public o cers whose o cial du es give them the c) 36 hrs. for a ic ve penal es or their equivalent.
authority to e ect arrest and detain persons such as barangay chairman and police o cers. If
commi ed by other kinds of public o cers, the crime is illegal deten on. But a person is Circumstances considered in determining liability of o cer detaining a person beyond legal
deemed a public o cer only when he is ac ng within the bounds of his o cial authority or period:
func on. If not, he acts in his private capacity. 1. The means of communica on as well as
2. The hour of arrest, and
The accused, being members of the CAFGU at the me the alleged crime was commi ed, 3. Other circumstances such as the me of surrender and the material possibility of the
should not be charged of kidnapping and serious illegal deten on under Ar cle 267 for the scal to make the inves ga on and le in me the necessary informa on.
reason that they are not private individuals, but public o cers. They can only be liable for the
crime of arbitrary deten on de ned in Ar cle 124. It is essen al, however, that there is actual

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 MEANING OF “proper judicial authori es” The delivery of a detained person is a legal one and consists in making a charge or ling a
Refers to the courts of jus ce or judges of said courts vested with judicial power to order the complaint against the prisoner with the proper jus ce of the peace or judge of Court of First
temporary deten on or con nement of a person charged with having commi ed a public Instance in provinces, and in ling by the city scal of an informa on with the corresponding
o ense. city courts a er an inves ga on if the evidence against said person warrants. (Sayo v. Chief of
Police, 80 Phil.)
REASON FOR ART. 125
It is intended to prevent any abuse resul ng from con ning a person without informing him of Ar cle 125 applies to persons arrested for viola ng both the RPC and special penal laws
his o ense and without permi ng him to go on bail. because of the phrase "or their equivalent."

NOTE: When does the deten on become arbitrary?

• If the o ender is a private individual – the crime is ILLEGAL DETENTION under Art. 267 In Ar cle 125, the deten on becomes arbitrary only when the me required for the delivery of
• If the deten on is legal from the beginning but no delivery of the person detained is made prisoner to the judicial authority lapses. The ar cle contemplates that there was a legal cause
to the proper authori es a er the lapse of the prescribed periods, the deten on becomes for arres ng but without a warrant of arrest. If the arrest is on the strength of a warrant,
illegal. Ar cle 125 does not apply.
• Art. 125 is not applicable when the arrest is by virtue of a warrant of arrest in which case he
can be detained inde nitely. The 12-18-36 hours (for o enses punishable with light, correc onal, and capital penal es,
• Person arrested may request for a preliminary inves ga on but must sign a waiver of Art. respec vely) do not run when the courts are not open to receive the complaint or informa on
125. being led.
• “Shall fail to deliver to proper authori es” – means ling of an informa on against the
person arrested with the corresponding court or judge. What is the ra onale for the provision of Ar cle 125?
To prevent any abuse resul ng from con ning a person without informing him of his o ense
Ar cle 125 dis nguished from Ar cle 124 and without permi ng him to go on bail. More speci cally, it punishes public o cials or
In both- there is no warrant of arrest. employees who shall detain any person for some legal ground and shall fail to deliver such
Ar cle 124- the deten on is illegal from the beginning (no legal ground) person to the proper judicial authori es within the periods prescribed by law. The con nued
Ar cle 125- The deten on is legal in the beginning (has legal ground as provided in Rule 112(5) deten on of the accused becomes illegal upon the expira on of the periods provided for by
of the RRCP) but the illegality of the deten on starts from the expira on of any of the periods Ar cle 125 without such detainee having been delivered to the corresponding judicial
of me speci ed in Art. 125, without the person detained having been delivered to the proper authori es. (Agbay v. Omb., G.R. No. 134503, July 2, 1999)
judicial authority.
When a municipal trial court judge conducts a preliminary inves ga on, is he taken out of the
EXTRA INFO: A warrantless arrest under the circumstances contemplated under Sec on 5(a), ambit of the "judicial authority"?
Rule 113 has been denominated as one "in agrante delicto,” while that under sec on 5(b) as No. The power to order the release or con nement of an accused is determina ve of the issue.
a ”hot pursuit" arrest. Valid warrantless searches, on the other hand, are limited to the In contrast with a city scal, a municipal court judge, even in the performance of his func on
following: (a) customs searches; (b) search ofmoving vehicles; (c) seizure ofevidence in plain to conduct preliminary inves ga ons, retains the power to issue an order ofrelease or
view; (d) consent searches; (e) a search incidental to a lawful arrest; and (f) a "stop and commitment. Furthermore, upon the ling of the complaint with the Metropolitan Circuit Trial
frisk." (Malacat v. CA, G.R. No. 123595, December 12, 1997) Court (MCTC), the intent behind Ar cle 125 is sa s ed considering that by such act, the
detained person is informed of the crime imputed against him and, upon his applica on with
How is the arrestee "delivered" as provided in Ar cle 125 the court, he may be released on bail. Pe oner himself acknowledged this power of the M C
The ar cle does not cover arrests pursuant to a warrant because a warrant is issued when T C to order his release when he applied for and was granted his release upon pos ng bail.
there is already a case against the person hence, there is no need to deliver him to the court. Thus, the very purpose underlying Ar cle 125 has been duly served with the ling of the
"Deliver" means the ling of correct informa on with the proper court (or construc ve complaint with the MCTC. Such ling of the complaint with the MCTC interrupted the period
delivery — turning over the arrestee to the jurisdic on of the court). The purpose is to prescribed in said Ar cle.
determine whether the o ense is bailable or not. If with warrant, the arres ng o cer need
only make a return, not le a charge. The return should be made within a reasonable me
a er the arrest.

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 Republic Act No. 7438 April 27, 1992 or ancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL or niece, and guardian or ward.
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF As used in this Act, "custodial inves ga on" shall include the prac ce of issuing an "invita on"
Be it enacted by the Senate and House of Representa ves of the Philippines in Congress to a person who is inves gated in connec on with an o ense he is suspected to have
assembled: commi ed, without prejudice to the liability of the "invi ng" o cer for any viola on of law.
Sec on 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights. Sec on 3. Assis ng Counsel. – Assis ng counsel is any lawyer, except those directly a ected by
the case, those charged with conduc ng preliminary inves ga on or those charged with the
Sec on 2. Rights of Persons Arrested, Detained or Under Custodial Inves ga on; Du es of prosecu on of crimes.
Public O cers. –
(a) Any person arrested detained or under custodial inves ga on shall at all mes be assisted The assis ng counsel other than the government lawyers shall be en tled to the following
by counsel. fees;
(b) Any public o cer or employee, or anyone ac ng under his order or his place, who arrests, (a) The amount of One hundred y pesos (P150.00) if the suspected person is chargeable
detains or inves gates any person for the commission of an o ense shall inform the la er, in a with light felonies;
language known to and understood by him, of his rights to remain silent and to have (b) The amount of Two hundred y pesos (P250.00) if the suspected person is chargeable
competent and independent counsel, preferably of his own choice, who shall at all mes be with less grave or grave felonies;
allowed to confer privately with the person arrested, detained or under custodial inves ga on. (c) The amount of Three hundred y pesos (P350.00) if the suspected person is chargeable
If such person cannot a ord the services of his own counsel, he must be provided with a with a capital o ense.
competent and independent counsel by the inves ga ng o cer.
The fee for the assis ng counsel shall be paid by the city or municipality where the custodial
(c) The custodial inves ga on report shall be reduced to wri ng by the inves ga ng o cer, inves ga on is conducted, provided that if the municipality of city cannot pay such fee, the
provided that before such report is signed, or thumbmarked if the person arrested or detained province comprising such municipality or city shall pay the fee: Provided, That the Municipal or
does not know how to read and write, it shall be read and adequately explained to him by his City Treasurer must cer fy that no funds are available to pay the fees of assis ng counsel
counsel or by the assis ng counsel provided by the inves ga ng o cer in the language or before the province pays said fees.
dialect known to such arrested or detained person, otherwise, such inves ga on report shall
be null and void and of no e ect whatsoever. In the absence of any lawyer, no custodial inves ga on shall be conducted and the suspected
person can only be detained by the inves ga ng o cer in accordance with the provisions of
(d) Any extrajudicial confession made by a person arrested, detained or under custodial Ar cle 125 of the Revised Penal Code.
inves ga on shall be in wri ng and signed by such person in the presence of his counsel or in
the la er's absence, upon a valid waiver, and in the presence of any of the parents, elder Sec on 4. Penalty Clause. – (a) Any arres ng public o cer or employee, or any inves ga ng
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school o cer, who fails to inform any person arrested, detained or under custodial inves ga on of his
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial right to remain silent and to have competent and independent counsel preferably of his own
confession shall be inadmissible as evidence in any proceeding. choice, shall su er a ne of Six thousand pesos (P6,000.00) or a penalty of imprisonment of
not less than eight (8) years but not more than ten (10) years, or both. The penalty of
(e) Any waiver by a person arrested or detained under the provisions of Ar cle 125 of the perpetual absolute disquali ca on shall also be imposed upon the inves ga ng o cer who
Revised Penal Code, or under custodial inves ga on, shall be in wri ng and signed by such has been previously convicted of a similar o ense.
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
e ect. The same penal es shall be imposed upon a public o cer or employee, or anyone ac ng upon
orders of such inves ga ng o cer or in his place, who fails to provide a competent and
(f) Any person arrested or detained or under custodial inves ga on shall be allowed visits by independent counsel to a person arrested, detained or under custodial inves ga on for the
or conferences with any member of his immediate family, or any medical doctor or priest or commission of an o ense if the la er cannot a ord the services of his own counsel.
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any na onal non-governmental organiza on duly accredited by the Commission on (b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
Human Rights of by any interna onal non-governmental organiza on duly accredited by the family of a person arrested, detained or under custodial inves ga on, or any medical doctor or
O ce of the President. The person's "immediate family" shall include his or her spouse, ancé priest or religious minister chosen by him or by any member of his immediate family or by his

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 counsel, from visi ng and conferring privately with him, or from examining and trea ng him, members duly accredited by the Commission on Human Rights (CHR) or
or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the interna onal NGO accredited by the O ce of the President.
night shall su er the penalty of imprisonment of not less than four (4) years nor more than six
(6) years, and a ne of four thousand pesos (P4,000.00). How are persons under custody of the law variously classi ed?
1. Subjects — those covered by a general inquiry into an
The provisions of the above Sec on notwithstanding, any security o cer with custodial unsolved crime;
responsibility over any detainee or prisoner may undertake such reasonable measures as may 2. Suspects — it ceases to be a general inquiry and focuses
be necessary to secure his safety and prevent his escape. on the person as the probable criminal agent. The rights
on custodial inves ga on begins to operate;
What is custodial inves ga on? 3. Accused — preliminary inves ga on may have been completed and an informa on
Custodial inves ga on involves any ques oning ini ated by law enforcement authori es a er led in court. The right against self-incrimina on, the right to be informed of the
a person is taken into custody or otherwise deprived of his freedom of ac on in any signi cant nature and cause of accusa on against him, and similar rights under the
manner. The rules on custodial inves ga on begin to operate as soon as the inves ga on Cons tu on accrue;
ceases to be a general inquiry into an unsolved crime and begins to focus on a par cular 4. Detainee or deten on prisoner — one who is in prison who has yet to be charged or
suspect. When the suspect is taken into custody and the police carry out a process of one whose case has not been terminated or decided;
interroga ons that tends itself to elicit incrimina ng statements, the rule begins to operate. 5. Convict — accused who was found guilty beyond reasonable doubt.

R.A. 7438, reinforced the cons tu onal mandate protec ng the rights of persons under Is an invita on equivalent to arrest?
custodial inves ga on, by providing that: "As used in this Act, 'custodial inves ga on' shall Yes. Applica on of actual force, manual touching of the body, physical restraint or a formal
include the prac ce of issuing an invita on to a person who is declara on of arrest is not required. It is enough that there be an intent on the part of one of
being inves gated in connec on with an o ense he is suspected to have commi ed, without the par es to arrest the other and an intent on the part of the other to submit, under the
prejudice to the liability of the 'invi ng' o cer for any viola on of law." (People v. Tan, G.R. No. belief and impression that submission is necessary.
117321, February 11, 1998)
Where the invita on comes from a powerful group composed predominantly of ranking
What is the mandatory duty of arres ng o cers in R.A. 7438? military o cers and the designated interroga on site is a military camp, the same can be easily
R.A. 7438 makes it mandatory for any o cer to inform the taken, not as a strictly voluntary invita on which it purports to be, but as an authorita ve
arrested of his right to avail of the services of an independent command which he can only defy at his peril. Note that under R.A. 7438, the requisites of
and competent counsel. (But note the sec on of R .A . 7438 on custodial inves ga on are applicable to a person "invited" for ques oning. (Sanchez v.
confession without the presence of counsel.) Demetriou,November 1993)

R .A . 7438 provides the following: What are the elements of custodial inves ga on?
1. Any public o cer who, by himself or through another, causes the arrest, deten on 1. A person is detained or deprived of his liberty in a signi cant manner;
and inves ga on of any person should at all mes have the la er be assisted by 2. The ques oning has ceased to be a general inquiry but
counsel preferably of his own choice. He shall inform the person arrested, detained, has become inculpatory in nature and indicates that the
and inves gated that he has the right: (a) to remain silent; (b) to be assisted by detainee is considered as a suspect; and
counsel; and (c) to be provided with counsel if he cannot a ord one. 3. The inquiry is conducted by police o cers.
2. Any report in custodial inves ga on of person so arrested, detained, and
inves gated must be in wri ng and explained to him before he is required to sign What is the nature of searches, arrests and seizure from the Cons tu onal point of view?
thereon. Otherwise, the report is null and void. The Cons tu on provides that "the right of the people to be secured in their persons, houses,
3. If extra-judicial confession is made in the counsel's absence, it must be signed papers and e ects against unreasonable search and seizure of whatever nature and for any
before his spouse, parents, older brothers or sisters or his priest. (This provision of purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
allowing waiver without counsel but in the presence of rela ves is of doub ul probable cause to be determined personally by the judge a er examina on under oath or
validity.) a rma on of the complainant and the witnesses he may produce, and par cularly describing
4. Person arrested, detained and inves gated must be allowed visits with any the place to be searched and the persons or things to be seized." The plain import is that
members of his family, doctors, priest, and non-government organiza on (NGO ) searches, seizures and arrests are normally unreasonable unless authorized by a validly issued
search warrant or warrant of arrest. Thus, the fundamental protec on given by this provision

9
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 is that between person and police must stand the protec ve authority of a magistrate clothed Appellant cannot claim that he was in police custody because he was con ned at the PHC and
with power to issue or refuse to issue search warrants or warrants of arrest. (David v. Arroyo, he gave this statement to NPC personnel, not to police authori es. Appellant can hardly claim
G.R. No. 171396,May 2006) that, under the prevailing circumstances at the me, whatever degree of compulsion may have
existed went beyond the borders of the unobjec onable where impermissible levels of duress
Describe the circumstances occurring during custodial inves ga on. (People v. Uy, Jr., G.R. No. would force him into making false and incrimina ng declara ons against his interest. While he
157399, November 2005) may have been persuaded into doing so, he cannot feign that he was in midated in such a way
Custodial inves ga on refers to the stage when the inves ga on ceases to be a general inquiry as to bring his statements within the ambit of the exclusionary cons tu onal provision.
into an unsolved crime but has begun to focus on a par cular person as a suspect.
What is the essence of the cons tu onal safeguard?
A er a person is arrested and his custodial inves ga on begins a confronta on arises which is The essence of the cons tu onal safeguard is protec on from coercion. The interview where
unequal. The detainee is brought to an army camp or police headquarters and there the sworn statement is based was conducted by NPC personnel for the NPC's administra ve
ques oned and cross-examined not only by one but as many inves gators as may be necessary inves ga on. Any simultaneous inves ga on conducted by the NBI is a proceeding separate,
to break down his morale. He nds himself in a strange and unfamiliar surrounding, and every dis nct and independent from the NPC inquiry and should not be confused or lumped
person he meets he considers hos le to him. The inves gators are well-trained and seasoned together with the la er.
in their work. They employ all the methods and means that experience and study has taught
them to extract the truth, or what may pass for it, out of the detainee. Most detainees are Although in Galman, the cons tu onal protec on covers not only confessions but admissions
unle ered and are not aware of their cons tu onal rights. And even if they were, the as well, it quali ed the ruling with the statement that what is being eschewed is the evil of
in mida ng and coercive presence of the o cers of the law in such an atmosphere "extor ng" a confession from the mouth of the person being interrogated. As denned,
overwhelms them into silence. "extor on" is an act or prac ce of taking or obtaining anything from a person by illegal use of
fear, whether by force, threats or any undue exercise of power. In the context of obtaining an
What situa ons are not covered by custodial inves ga on? admission, "extor ng" means "compelling or coercing a confession or informa on by any
The rights enumerated by the cons tu onal provision are not available before government means serving to overcome his power of resistance, or making the confession or admission
inves gators enter the picture. Admissions made during the course of an administra ve involuntary."
inves ga ons do not come within the purview of Sec on 12. The protec ve mantle of the
cons tu onal provision also does not extend to admissions or confessions made to a private While Galman taken together with the 1986 delibera ons on what was later to become
individual, or to a verbal admission made to a radio announcer who was not part of the Sec on 12(1) of the 1987 Cons tu on may lead to the conclusion that the rights are available
inves ga on, or even to a mayor approached as a personal con dante and not in his o cial when the person is already in custody as a suspect, or if the person is a suspect even if he is
capacity. not yet deprived in any signi cant way of his liberty, Fr. Bernas said that "[Jurisprudence under
the 1987 Cons tu on, however, has consistently held, following Escobedo, the stricter view,
A videotaped interview showing the accused unburdening his guilt willingly, openly and that the rights begin to be available only when the person is already in custody."
publicly in the presence of newsmen is not covered by the provision although in so ruling, trial
courts should take extreme cau on in further admi ng similar confessions because of the Ar cle 126. Delaying release
dis nct possibility that the police, with the connivance of unscrupulous media prac oners, THREE ACTS PUNISHED:
may a empt to legi mize coerced extrajudicial confessions and place them beyond the 1. By delaying the performance of a judicial or execu ve order for the release of a prisoner.
exclusionary rule by having an accused admit an o ense on television. 2. By unduly delaying the service of the no ce of such order to said prisoner.
3. By unduly delaying the proceedings upon any pe on for the libera on of such person.
Neither does the cons tu onal provision on custodial inves ga on extend to a spontaneous ELEMENTS:
statement, not elicited through ques oning by the authori es, but given in an ordinary 1. That the o ender is a public o cer or employee
manner whereby the accused orally admits having commi ed the crime, nor to a person 2. That there is a judicial or execu ve order for the release of a prisoner or deten on
undergoing an audit examina on because an audit examiner is not a law enforcement o cer. prisoner, or that there is a proceeding upon a pe on for the libera on of such person
3. That the o ender without good reason delays
Thus, the aw in appellant's argument in this regard becomes immediately apparent a.)the service of the no ce of such order to the prisoner,
considering that his statement was taken during the administra ve inves ga on of NPC's audit b.) the performance of such judicial or execu ve order for the release of the
team and before he was taken into custody. As such, the inquest was s ll a general inquiry into prisoner or
an unsolved o ense at the me and there was, as yet, no speci c suspect. c.) the proceedings upon a pe on for the release of such person.

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 What acts cons tute delaying release under Ar cle 126? 2. That he is not authorized by judicial order to enter the dwelling and/ or to make a
This ar cle deals with pe ons for the release of detained person, e.g., habeas corpus search for papers and for other e ects
proceeding. The same penal es provided for in Ar cle 124 shall be imposed upon any public QUALIFYING CIRCUMSTANCES:
o cer or employee who for the period of me speci ed therein delays: 1. If commi ed at nigh me
1. The performance of any judicial or execu ve order for the release of a prisoner or 2. If any papers or e ects, not
deten on prisoner; or cons tu ng evidence of a crime are not returned immediately a er a search is
2. The Service of such order to said prisoner; or made by the o ender.
3. The proceedings upon any pe on for the libera on of such person.
NOTE:
Ar cle 127. Expulsion • The o ender must be a public o cer or employee. If he is a private individual,
TWO ACTS PUNISHED: the crime commi ed is trespass to dwelling.
1. By expelling a person from the Philippines. • In the rst mode, lack of consent would not su ce as the law requires that the
2. By compelling a person to change his residence. o ender’s entry must be over the owner’s objec on.
In the second mode, mere lack of consent is su cient.
ELEMENTS: In the third mode, what is punished is the refusal to leave, the entry having
1. That the o ender is a public o cer or employee been made surrep ously.
2. That he expels any person from the Philippines, or compels a person to change his • It is believed, however, that if the surrep ous entry had been made through
residence an opening not intended for that purpose, the o ender would be liable under
3. That the o ender is not authorized to do so by law the rst mode since it is entry over the implied objec on of the inhabitant.
• Although the Code speaks of the owner of the premises, it would be su cient
NOTE: if the inhabitant is the lawful occupant using the premises as his dwelling,
• Only the President of the Philippines is authorized to deport aliens under the although he is not the proprietary owner thereof.
Revised Administra ve Code.
• Only the court by a nal judgment can order a person to change residence MEANING OF:
“against the will of owner”
What is the crime of expulsion Presupposes opposi on or prohibi on by the owner, whether express or implied.
This is a crime commi ed against the cons tu onal rights of abode and changing the same
under the Bill of Rights. Villavicencio Lukban, 39 Phil 778, warned that “Philippine being “papers and other e ects” – Art. 128 is not applicable when a public o cer searched a person
expressly authorized by law or regula on, compels any person to change his residence.” Thus, outside his dwelling without search warrant and such person is not legally arrested for an
the Manila Mayor’s act of “depor ng” 170 women believed to be of ill-repute was reversed. It o ense, because the papers and other e ects men oned in Art. 128 must be found in the
is also violated when ci zens or aliens are deported without an oder of the President or dwelling.
Commissioner of Immigra on and Deporta on a er due proceedings and for cause.
How is viola on of domicile commi ed and by whom?
Who are the persons authorized by law to expel or compel persons to change abode? This crime may be commi ed by a public o cer authorized to implement a search warrant or
Only the President of the Philippines in the exercise of his power of deporta on and the courts warrant of arrest but at the me of the incident he is not authorized to do so by judicial order.
a er nal judgment sentencing the accused to des erro or as a condi on in his proba on. In other words, he is not armed with a warrant.

Ar cle 128. Viola on of Domicile There are three acts of viola on of domicile, viz.:
PUNISHABLE ACTS: 1. The public o cer enters any dwelling against the will of the owner thereof.
1. By entering any dwelling against the will of the owner thereof; or 2. He searches papers or other e ects found therein without the previous consent of the
2. By searching papers or other e ects found therein without the previous consent of owner.
such owner; or 3. Having surrep ously entered said dwelling, and being required to leave the premises, he
3. By refusing to leave the premises, a er having surrep ously entered said dwelling refuses to do so.
and a er having been required to leave the same.
COMMON ELEMENTS: Entry in a domicile is "against the will" when the o ender ignores the prohibi on of the owner
1. That the o ender is public o cer / employee which may be express or implied as when the door is closed even though not locked. When a

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 person who admi ed the public o cer is one with su cient discre on, the right to privacy is Ar cle 130. Searching domicile without witnesses.
waived; hence, prohibi on therea er made can no longer cons tute the crime of viola on of ELEMENTS:
domicile. Permission once given cannot be recalled as to cons tute viola on of the ar cle. 1. That the o ender is a public o cer/ employee
When he is asked to leave and refuses to leave, it is unjust vexa on. 2. That he searches the domicile, papers or other belongings of any person
3. That he is armed with a warrant
When he is admi ed and he starts to search, the owner must stop him; otherwise, permission 4. That the owner or any member is his family, or two witnesses residing in
is deemed granted and it will be construed as a consented search, which is one of the valid the same locality are not present
warrantless searches. If he stops the public o cer and the la er con nues to search, there is • Art. 130 does not apply to searches of vehicles or other means of
viola on of domicile. transporta on, because the searches are not made in the dwelling.

When the entry is done surrep ously, and the owner ordered the public o cer to leave, Compare Ar cle 128 with Ar cles 129 and 130
refusal to leave would amount to viola on of domicile. If the public o cer is one whose In Ar cle 128, there is no warrant; in Ar cle 129, the public o cer is armed with a warrant but
func on does not include the duty to e ect search and seizure the crime is trespass to it was maliciously obtained; in Ar cle 130, there was abuse in the implementa on of a valid
dwelling. warrant.

Ar cle 129. Search warrants maliciously obtained, and abuse in the service of those legally Even if the search warrant is valid there is viola on of domicile in the following situa ons
obtained. where:
Punishable Acts: a.)The public o cer exceeded his authority under the search warrant.
1. Procuring a search warrant without just cause b.)The searching o cer employed excessive severity or destruc on in the house.
ELEMENTS: c.)The search was made when the occupants were absent and the search conducted without
a) That the o ender is a public o cer or employee. compliance with the requirement that it be made in the presence of at least two witnesses,
b) That he procures a search warrant. who must come within the locality where the search was made. (Art. 130)
c) That there is no just cause.
The law imposes addi onal liability for the perjury resorted to by the public o cer in obtaining
2. Exceeding his authority or by using unnecessary severity in execu ng a search warrant search warrant without probable cause.
legally procured
ELEMENTS: Cite examples of provisions imposing addi onal liability?
a) That the o ender is a public o cer or employee. The RPC allows mul ple prosecu ons through the use of words: "besides," "in addi on,"
b) That he has legally procured a search warrant. "without prejudice," viz.:
c) That he exceeds his authority or uses unnecessary severity in execu ng the same. 1. Ar cle 129 on search warrants maliciously obtained in addi on to the perjury;
2. Ar cle 160 on quasi-recidivism besides the provision on habitual delinquency;
Search warrant – is an order in wri ng issued in the name of the People of the Philippines, 3. Ar cle 209 on betrayal of public trust by an a orney or
signed by the judge and directed to a peace o cer, commanding him to search for personal solicitor in addi on to the proper administra ve ac on;
property described therein and bring it before the court. 4. Ar cle 210 on direct bribery in addi on to the penalty to the crime agreed upon;
5. Ar cle 214 on other frauds in addi on to the penal es
Test of lack of just cause prescribed in the provisions of Chapter 6, Title X;
Whether the a davit led in support of the applica on for search warrant has been drawn in 6. Ar cle 235 on maltreatment of prisoners in addi on to
such a manner that perjury could be charged thereon and a ant be held liable for damages the liability for the physical injuries or damage caused;
caused. 7. Ar cle 279 on addi onal penal es for other o enses
besides the penal es imposed on abandonment and
NOTE: exploita on of minors under Ar cles 275 to 278;
• A search warrant shall be valid for ten (10) days from its date. 8. Ar cle 312 on occupa on of real property in addi on to the penalty incurred for the
• If the search warrant is secured through a false a davit, the crime punished by acts of violence executed;
this ar cle cannot be complexed but will be a separate crime from perjury since 9. Ar cle 315 which shall be without prejudice to the
the penalty herein provided shall be “in addi on to” the penalty of perjury. prosecu on for B.P. 22, and illegal recruitment as
expressly provided in such special laws;

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 10. Ar cle 330 on damage and obstruc on to means of communica on without
prejudice to the criminal liability for the consequences of criminal act commi ed. The right of the government to require permit for regulatory purposes has been upheld by the
Supreme Court. The regulatory purpose covers the right to de ne the me and place where
What procedures must be followed in searches and seizures? assembly is held to safeguard the right of the public and to protect them from inconvenience.
Rule 126 of the R R C P lays down the steps in the conduct of search and seizure: (Reyes v. Bagatsing, 125 SCRA 553 [1983]; Tanada v. Bagatsing, August 1984)
1. A search warrant is issued upon probable cause in connec on with one speci c
o ense to be determined personally by the judge a er examina on under oath or Ar cle 132. Interrup on of religious worship.
a rma on of the complainant and the witnesses he may produce (Sec on 4); ELEMENTS:
2. The search of a house, room, or any other premise be made in the presence of the 1. That the o ender is a public o cer/employee,
lawful occupant thereof or any member of his family or in the absence of the la er, 2. That religious ceremonies or manifesta ons of any religion are about to take
in the presence of two witnesses of su cient age and discre on residing in the place or are going on, and
same locality (Sec on 8); and 3. That the o ender prevents/disturbs the same.
3. The warrant must direct that it be served in the day me, unless the property is on NOTE:
the person or in the place ordered to be searched, in which case a direc on may be • Quali ed by violence or threats
inserted that it be served at any me of the day or night. (Sec on 9) (David v. • If the prohibi on or disturbance is commi ed only in a mee ng or rally of a
Arroyo) sect, it would be punishable under Art.131.

Ar cle 131. Prohibi on, interrup on, and dissolu on of peaceful mee ngs. Ar cle 133. O ending the religious feelings
Punishable Acts: ELEMENTS:
1. Prohibi ng or interrup ng, without legal ground the holding of a peaceful mee ng, 1. That the acts complained of were performed
or by dissolving the same a) in a place devoted to religious worship [not necessary that there is religious
2. Hindering any person from joining any lawful associa on or from a ending any of worship] or
its mee ngs b) during the celebra on of any religious ceremony,
3. Prohibi ng or hindering any person from addressing, either alone or together with 2. That the acts must be notoriously o ensive to the feelings of the faithful.
others, any pe on to the authori es for the correc on of abuses or redress of
grievances Religious ceremonies – are those religious acts performed outside of a church, such as
COMMON ELEMENTS: procession and special prayers for burying dead person.
1. That the o ender is a public o cer
2. That he performs any of the acts “Acts notoriously o ensive to the feelings of the faithful” - the acts must be directed against
NOTE: religious prac ce or dogma or ritual for the purpose of ridicule, as mocking or sco ng at or
• There is no legal ground to prohibit when the danger is not imminent and the a emp ng to damage an object of religious venera on.
evil to be prevented is not a serious one
• O ender must be a stranger, and not a par cipant NOTE:
• May be commi ed by a public o cer or a private individual
What are the acts punished under Ar cle 131? • O ense of feeling is judged from complainant’s point of view.
1. Prohibi ng or interrup ng or dissolving the holding of a peaceful mee ng.
2. Hindering any person from joining any lawful associa on or from a ending any of What are the religious ceremonies or manifesta ons covered by Ar cles 132 and 133?
its mee ngs. These ar cles refer to the exercise of religious ceremonies or manifesta ons. It does not cover
3. Prohibi ng or hindering any person from addressing, alone or with others, any quasi-religious ceremonies such as house-blessing. The crime under Ar cle 133 is an excep on
pe on to the authori es for the correc on of abuses or redress of grievances. in this Title where the o enders are public o cers for it allows prosecu on of private person
("anyone").
The assembly must be: a) peaceful; b) for legal purpose; c) the o cer is not a member thereof;
and d) he disturbs the same. The assembly must be a peaceful one because otherwise, the What is required for the act to cons tute crimes against religious worship?
public o cer is duty-bound to dissolve the same. It must be for a legal purpose otherwise the If the act is directed to the religious belief itself and the act is notoriously o ensive, the crime
crime under Ar cle 146 is commi ed. If ini ally peaceful and therea er, the mee ng becomes is o ending the religious feelings. Otherwise, it is only unjust vexa on. The construc on of a
illegal, Ar cle 146 is also violated and the mee ng may be dissolved. fence, even though irrita ng and vexa ous under the circumstances to those present, is not

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 such an act as can be designated as "notoriously o ensive to the faithful," as normally such an Rebellion dis nguished from subversion
act would be a ma er of complete indi erence to those not present, no ma er how religious a Rebellion- is a crime against public order. There must be public uprising to overthrow the
turn of mind they might be. (People v. Reyes, August 1934) where the act is not directed government.
to the belief itself and the mee ng is interrupted by a public o cer, the viola on is against Subversion- is a crime against na onal security. Being o cers and ranking members of
Ar cle 132. subversive groups cons tute subversion.

What is the meaning of the phrase "notoriously o ensive"? NOTE:

"Notoriously o ensive" is viewed from the standard of any religion as being o ensive. The act • Persons ac ng as couriers or spies for rebels are guilty of rebellion.
is o ensive to a religious whether he is a member of the par cular religion concerned or not; • Mere silence regarding the presence of rebels despite knowledge of a rebellion is not
whether he is present or absent thereat. If it is o ensive to a par cular religion only, or only to punishable, there is no crime of misprision of rebellion.
those present at the religious mee ng, the o ense is unjust vexa on. • Rebellion cannot be complexed with, but absorbs other crimes commi ed in furtherance of
rebellious movement. There is no complex crime of rebellion with murder and other
The disturbance or interrup on of any ceremony of a religious character under the old Penal common crimes.
Code was denounced by Ar cle 571 and was punished by arrest from 1 to 10 days and a ne of
from 15 to 125 pesetas. But this ar cle was omi ed from the RPC and the o ense, if any was ART. 134-A- COUP D’ETAT
commi ed by the appellants, is denounced in Ar cle 287 as an "unjust vexa on." (id.) 1. How - by a swi a ack, accompanied by violence, in mida on, threat, strategy or
stealth
TITLE THREE: Crimes Against Public Order 2. Against whom – duly cons tuted
Ar cle 134. Rebellion or insurrec on authori es of the Republic, military camp or installa on, communica on networks,
ELEMENTS: public u li es, or other facili es needed for the exercise and con nued possession of
1) That there be power
a) public uprising and 3. Where – singly or simultaneously carried out anywhere in the Philippines
b) taking up of arms against the Government. 4. By whom – by any person or persons, belonging to the military or police or holding
2) For the purpose of: any public o ce or employment, with or without civilian support or employment
a) Removing from the allegiance to said Government or its laws 5. Purpose – to seize or diminish state power
i. The territory of the Philippines.
ii. Any body of land, naval or other armed forces or NOTE:
b) Depriving the Chief execu ve or Congress, wholly or par ally, of any • The crime of coup d’etat may be commi ed with or without civilian par cipa on.
of their powers or preroga ves.
Ar cle 135. Penalty for rebellion or insurrec on or Coup d’etat
Rebellion – more frequently used where the object of the movement is completely to Person liable:
overthrow and supersede the exis ng government. It is a crime commi ed by masses, of the 1. The leaders –
mul tude. It is a vast movement of men and a complex network of intrigues and plots. a) Any person who
i. Promotes,
Insurrec on – more commonly employed in reference to a movement which seeks merely to ii. Maintains. or
e ect some change of minor importance, or to prevent the exercise of governmental authority iii. Heads a rebellion or insurrec on; or
with respect to par cular ma ers or subjects. b) Any person who –
i. Leads,
Rebellion dis nguished from treason ii. Directs, or
Rebellion- The levying of war against the government during peace me for any purpose iii. Commands others to undertake a coup d’etat;
men oned in Art. 134 is rebellion. This Always taking against government. 2. The par cipants –
Treason- The levying of war against the government would cons tute treason when a) Any person who
performed to aid the enemy. This May be commi ed by mere adherence to the enemy giving i. Par cipates, or
him aid and comfort. ii. Executes the commands of others in rebellion,or insurrec on;
NOTE: Giving aid and comfort is not criminal in rebellion b) Any person in the government service who
i. Par cipates, or

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 ii. Executes direc ons or commands of others in undertaking a coup NOTE:
d’etat; • The crime presupposes the existence of rebellion by other persons; the o ender
c) Any person not in the government service who must not be in conspiracy with the rebels
i.Par cipates,
ii.Support, Ar cle 138. Inci ng to Rebellion/Insurrec on
iii.Finances, ELEMENTS:
iv.Abets, or 1. That the o ender does not take up arms or is not in open hos lity against the Government
v.Aids in undertaking a coup d’etat. 2. That he incites others to the execu on of any of the acts of rebellion
3. That the inci ng is done by means of speeches, proclama ons, wri ngs, emblems, banners
Who shall be deemed the leader of the rebellion, insurrec on or coup d’etat in case he is or other representa ons tending to the same end.
unknown?
Any person who in fact Inci ng to rebellion dis nguished from proposal to commit rebellion
1. directed the others, Both- In both crimes, the o ender induces another to commit rebellion.
2. spoke for them, Proposal to commit rebellion- the person who proposes has decided to commit rebellion. He
3. signed receipts and other documents who proposes the execu on of the crime uses secret means.
issued in their name, or Inci ng to Rebellion- It is not required that the o ender has decided to commit rebellion. The
4. performed similar acts, on behalf of act inci ng is done publicly.
the rebels.
NOTE: In both, the crime of rebellion should not be actually commi ed by the persons to
Poli cal crimes – are those directly aimed against the poli cal order, as well as such common whom it is proposed or who are incited. If they commit rebellion because of the proposal or
crimes as may be commi ed to achieve a poli cal purpose. The decisive factor is the intent or inci ng, the proponent or the one inci ng may become a principal by inducement in the crime
mo ve. of rebellion.

Ar cle 136. Conspiracy and proposal to commit Rebellion, Insurrec on or Coup d’etat How is the crime of rebellion commi ed?
The crime of rebellion is commi ed by rising publicly and taking up arms against the
TWO CRIMES penalized under this ar cle: government for any of the purposes speci ed in Ar cle 134 which are poli cal in nature. Rising
1. Conspiracy to commit rebellion, and publicly and taking up arms against the Government is the very element of the crime of
2. Proposal to commit rebellion rebellion. It is a crime against public order. (People v. Asuncion, April 22, 1992) Thus, even
without the amendatory law on illegal possession of rearm, the use of unlicensed rearm in
Conspiracy to commit rebellion – when two or more persons come to an agreement to rise the commission of rebellion or insurrec on is absorbed as its element.
publicly and take arms against the Government for any of the purposes of rebellion and decide
to commit it. Compare rebellion and subversion.
If it is conceded that force and violence are the very essence of subversion, then it loses its
Proposal to commit rebellion – when the person who has decided to rise publicly and take dis nc on from rebellion.
arms against the Government for any of the purposes of rebellion proposes its execu on to
some other person or persons. Liwanag dis nguished subversion from rebellion viz:
1. Rebellion is commi ed by rising publicly and taking up arms against the Government
NOTE: for any of the purposes under Ar cle 134; while subversion is a lia on or
• There are instances where the law punishes preparatory acts. membership in a subversive organiza on. Taking up arms against the government is
but a circumstance which raises the penalty to be imposed upon the subversive.
Ar cle 137. Disloyalty of public o cers/ employees 2. Subversion is a crime against na onal security; rebellion, against public order. Rising
Punishable acts: publicly and taking arms against the government is the very element of the crime of
1. Failing to resist a rebellion by all means in their power rebellion whereas R.A. 1700 was enacted to outlaw the CPP, other similar associa ons
2. Con nuing to discharge the du es of their o ce under the control of the rebels and its successors because their existence and ac vi es cons tute a clear, present
3. Accep ng appointment to o ce under the rebels and grave danger to na onal security. (R.A. 7636 repealed R.A. 1700 decriminalizing
subversion.)

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 3. Rebellion makes use of force and violence whereas subversive acts do not only
cons tute force and violence but may partake of other form as well, (id.) It is the RPC in rela on to the evidence in the hands of the public prosecutor, and not the
la er's whim or caprice, which gives the choice. The RPC allows separate prosecu ons for
What amendments were introduced by R.A. 6968 on rebellion? either murder or rebellion, although not for both where the indictment alleges that the former
R.A. 6968 deleted the following acts from Ar cle 135: has been commi ed in furtherance of or in connec on with the la er.

a. The o enders engage in war against the forces of government; Who has the burden of proving the poli cal mo va on?
b. The o enders being public o cers commit serious violence or destruc on of property; The burden of proving that the mo va on for the crime is poli cal and not private is on the
c. The o enders being public o cers exact contribu on for the support of rebellion; and defense. Lovedorio, 250 SCRA 1995 held that in deciding if the crime is rebellion, not murder, it
d. The o enders being public o cers divest public funds from the purposes for which these becomes impera ve for the courts to ascertain whether or not the act was done in
were appropriated. furtherance of a poli cal end. The poli cal mo ve of the act should be conclusively
demonstrated.
The dele on is signi cant in that it signi es the inten on to treat common crimes as dis nct
from rebellion. The burden of demonstra ng poli cal mo ve falls on the defense, mo ve being a state of
mind which the accused be er than any individual knows. It is not enough that the overt acts
The amendment by dele on of certain words or phrases in a statute indicates that the of rebellion are proven. Both purpose and overt acts are essen al components of the crime.
legislature intended to change its meaning. The presump on is that the legislature would not With either of these elements wan ng, the crime of rebellion legally does not exist. But a
have made the dele on had the inten on been not to e ect a change in its meaning. The ma er of defense should not be alleged in the informa on. If element of rebellion.why should
amended statute should accordingly be given a construc on di erent from that previous to its the o ender have the burden of proving poli cal mo va on?
amendment. (Gloria vs. CA, G.R. No. 131012, April 21, 1999)
Enrile v. Salazar noted that in the light of contemporary events, the act of rebellion has lost
that quintessen ally quixo c quality that jus es the rela ve leniency with which it is
What is the nature of the crime of rebellion? regarded and punished by law, that present-day rebels are less impelled by love of country
Rebellion is a con nuing crime hence rebels can be arrested at any me without a warrant. than by lust for power and have become no be er than mere terrorists to whom nothing, not
(Garcia-Padilla Enrile, 121 SCRA 472; Umil vs. Ramos, 187 scar 211) (Jus ce Isagani Cruz even the sanc ty of human life, is allowed to stand in the way of their ambi ons. Nothing so
decried this as a dangerous doctrine for it allows warrantless arrest despite the innocence of underscores these aberra ons as the rash of senseless killings, bombings, kidnappings and
the acts of accused assorted mayhem as o en perpetrated against innocent civilians as against the military, but by
and large, a ributable to or even claimed by rebels to be part of an ongoing rebellion.
O ce of the Provincial Prosecutor v. CA, December 2000
May o enders be charged for "common crimes" such as murder and illegal possession of
In order to make out a case of rebellion, what must be the mo va on for the killing of the rearms separately from rebellion?
vic m? Yes. The RPC treats rebellion or insurrec on as a crime dis nct from murder, homicide, arson
It must be made in furtherance of rebellion. Merely because it is alleged in the a davit that and other felonies that might conceivably be commi ed in the course of a rebellion. It
respondents were members of the CCP/NPA who engaged government troops in a re ght allowsseparate prosecu ons for either murder or rebellion, although not for both where the
resul ng in the death of a government trooper and the wounding of four others does not indictment alleges that the former has been commi ed in furtherance of, or in connec on
necessarily mean that the killing and wounding of the vic ms were made in furtherance of a with the la er. It is within the power of the legislature to determine what acts or omissions
rebellion. Indeed, Ompad, 233 SCRA 1994 convicted an N P A commander of murder for the other than that set out in the RPC or other exis ng statutes are to be condemned as separate,
killing of a person suspected of being a government informer individual crimes and what penal es should be a ached thereto. The power is not diluted or
improperly wielded just because at some prior me, the act or omission was but an element
When a criminal act has elements common to more than one o ense, who has the op on to or ingredient of another o ense, or might usually have been connected with another crime.
choose the case to le? (Baylosis v. Chavez)
The public prosecutor has the op on to ascertain which prosecu ons should be ini ated on
the basis of the evidence at hand. That a criminal act may have elements common to more The ra o of Hernandez and Enrile is that Ar cle 48 cannot be invoked as the basis for charging
than one o ense does not rob the prosecutor of that op on (or discre on) and mandatorily and prosecu ng the complex crime of rebellion with homicide for the purpose of obtaining
require him to charge the lesser o ense although the evidence before him may warrant imposi on of the penalty for the more serious o ense in its maximum period. Said cases did
prosecu on of the more serious one. not proscribe the legisla ve authority from validly enac ng statutes that would de ne and

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 punish, as o enses sui generis crimes which, in the context of Hernandez may be viewed as a a. Publicly and
complex of rebellion with other o enses. What the court stated about rebellion "absorbing" b. Tumultuously
common crimes commi ed in its course or furtherance may be viewed in light of the fact that 2. That they employ in mida on, or other means outside of legal methods
at the me they were decided, there were no penal provisions de ning and punishing, as 3. That the o enders employ any of those means to a ain any of the following objects:
speci c o enses, crimes like murder, etc. commi ed in the course or as part of a rebellion. This a. To prevent the promulga on or execu on of any law or the holding of
is no longer true as far as this case is concerned, and there being no ques on that P.D. 1866 is any popular elec on.
a valid statute. b. To prevent the government or any public o cer from freely exercising
its or his func ons, or prevent the execu on of any Administra ve Order.
How is the crime of coup d'etat commi ed? c. To in ict any act of hate or revenge upon the person or property of
The crime of coup d'etat is commi ed: any public o cer/employee.
1. How — by a swi a ack accompanied by violence, in mida on, threat, strategy or d. To commit, for any poli cal or social end, any act of hate or revenge
stealth against private persons or any social class.
2. Against — the duly cons tuted authori es or any military camp or installa on, e. To despoil, for any poli cal or social end, any person or the government of
communica ons networks, public u li es or other facili es needed for the exercise all its property or any part thereof.
and con nued possession of power
3. Number of o enders — singly or simultaneously carried out anywhere in the Tumultuous – if caused by more than three persons who are armed or provided with the
Philippines means of violence.
4. By whom — by any person or persons, belonging to the military or police or holding
any public o ce or employ- ment, with or without civilian support or par cipa on Dis nguish sedi on from rebellion
5. Purpose — to seize or diminish state power BOTH- there must be public uprising
Sedi on- It is su cient that the public uprising is tumultuous. The purpose of the o enders
Dis nguish rebellion from coup. may be poli cal or social.
In rebellion: Rebellion- There must be taking up of arms against the Government. The purpose is always
1. The essence is rising publicly and taking up arms against the government; poli cal.
2. It involves a mul tude of people;
3. It does not require that the principal par cipants be members of the AFP, PNP, or any Sedi on dis nguished from treason
public o cers; Sedi on- In its more general sense, it is the raising of commo ons or disturbances in the State.
4. Criminal objec ve is to overthrow the government and the o enders to establish their Treason- In its more general sense, it is the viola on by a subject of his allegiance to his
own; sovereign.
5. It is always commi ed through force and violence.
NOTE:
In coup: • Public uprising and an object of sedi on must concur.
1. The essence is a swi a ack against the government, its military camps or
installa ons, communica on network, public facili es and u li es essen al to the Ar cle 140. Penalty for Sedi on
con nued exercise of governmental powers; PERSONS LIABLE:
2. It may be commi ed singly or collec vely; 1. The leader of the sedi on
3. Requires as a principal o ender a member of the AFP, PNP or a public o cer, with or 2. Other persons par cipa ng in the sedi on
without civilian support;
4. Criminal objec ve is to destabilize, immobilize or paralyze the exis ng government by Ar cle 141. Conspiracy
taking over such facili es and u li es; Only Conspiracy to commit sedi on is punishable and not proposal to commit sedi on
5. May be commi ed not only through force or violence but also by threat, in mida on, Ar cle 142. Inci ng to Sedi on
strategy or stealth. Punishable Acts:
(Note: No crime of inci ng to coup d'etat.) 1. Inci ng others to commit sedi on by means of speeches, proclama ons, wri ngs,
emblems
Ar cle 139. Sedi on 2. U ering sedi ous words or speeches which tend to disturb the public peace
1. That the o enders rise

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 3. Wri ng, publishing, or circula ng scurrilous (meaning vulgar, mean, foul) libels against c. The o ender cannot be prosecuted for illegal possession of rearms because this is
the Government or any of its duly cons tuted authori es absorbed in rebellion.

ELEMENTS OF ACT #1 In sedi on:

1. That the o ender does not take direct part in the crime of sedi on a. The purpose may be poli cal or social for carrying out protest or disobedience from a
1. That he incites others to the accomplishment of any of the act which cons tute governmental ac on and not for the purpose of overthrowing the government. The act may be
sedi on against a social class.
2. That the inci ng is done by means of speeches, proclama ons, wri ngs, emblems, b. The use of rearm is not an essen al ingredient of sedi on. (However, R.A. 8294 included
cartoons, banners, or other representa ons tending to the same end. sedi on among the crimes which absorb the use of unlicensed rearm as an element thereof.)
c. In view of R.A. 8294, the o enders can no longer be prosecuted for illegal possession of
ACTS # 2 & 3 PUNISHABLE: when - rearm, for it made the use of unlicensed rearm to be absorbed in sedi on.
1. They tend to disturb or obstruct any lawful o cer in execu ng the
func ons of his o ce When disorderly conduct occurs during a rally, will it always result to sedi on?
2. They tend to ins gate others to cabal and meet together for unlawful purposes Such instances of disorderly conduct by individual members of the crowd should not be seized
3. They suggest or incite rebellious conspiracies or riots as an excuse to characterize the assembly as a sedi ous and tumultuous rising against the
4. They lead or tend to s r up the people against the lawful authori es or disturb the authori es and render illusory the right to peaceable assembly. It is to be expected that
peace of the community, and the safety and order of the Government. disorder will mark the public assembly of the people to protest against grievances whether
real or imaginary, because on such occasion, feeling is always wrought to a high pitch of
RULES RELATIVE TO SEDITIOUS WORDS: excitement, and the greater the grievance and the more intense the feeling, the less perfect,
1. The clear and present danger rule as a rule, will the disciplinary control of the leaders over the irresponsible followers.
- It is required that there must be reasonable ground to believe that the danger apprehended
is imminent and that the evil to be prevented is a serious one. There must be the probability of If the prosecu on be permi ed to seize upon every instance of disorderly conduct by
serious injury to the State. individual members of a crowd as an excuse to characterize the assembly as a sedi ous and
2. Dangerous tendency rule tumultuous rising against the authori es, then the right to assembly and to pe on for redress
⁃ There is inci ng to sedi on when the words u ered or published could easily of grievances would become a delusion and snare and the a empt to exercise it on the most
produce disa ec on among the people and a state of feeling in them incompa ble righteous occasion and in the most peaceable manner would expose all those who took part
with a disposi on to remain loyal to the Government and obedient to the laws. The therein to the severest and most unmerited punishment, if the purposes which they have
dangerous tendency rule is generally adopted in the Philippines. sought to a ain did not happen to be pleasing to the prosecu ng authori es. If instances of
disorderly conduct occur on such occasions, the guilty individuals should be sought out and
Reasons why sedi ous u erances are prohibited punished therefor. (Jus ce Teehankee, dissen ng opinion in Reyes vs. Bagatsing)
If the State were compelled to wait un l the apprehended danger became certain, then its
right to protect itself would come into being simultaneously with the overthrow of the Who can commit inci ng to rebellion or sedi on?
Government, when there would be neither prosecu ng o cers nor courts for the enforcement Inci ng to rebellion or sedi on can be commi ed only by civilians who do not take part
of the law. therein. If he does, his crime is rebellion or sedi on. Rebels cannot commit this crime. There is
no crime as proposal to incite to sedi on, but only conspiracy. If the proposal is accepted, it is
What is the nature of sedi on? conspiracy.
Sedi on is a crime of dissent or protest by means outside of legal methods. The o enders rise
publicly and tumultuously to a ain their purpose by force, in mida on, or by other means Can direct assault be commi ed during a rebellion or sedi on?
outside of legal methods. It is done in excess of the legal means authorized under the No, direct assault cannot be commi ed when there is rebellion or sedi on as public uprising is
freedoms of expression and assembly clauses of the Cons tu on. an element of rebellion or sedi on which should be absent in direct assault. Ar cle 148
de nes direct assault as "without public uprising."
Compare rebellion and sedi on.
In rebellion: Compare inci ng to sedi on (Ar cle 142), tumults (Ar cle 153), and direct assault (Ar cle 148).
a. The purpose is poli cal — to overthrow the duly cons tuted government. In Ar cle 153, the intent is not really to incite to sedi on but to disturb public performance or
b. The use of rearm is essen al; it is an ingredient of rebellion because the law speci es create disturbance in a public place. If any of the acts employed is one of those in Ar cle 142
"taking arms against the government."

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 and the objec ve is any of those in Ar cle 139, it is not merely disturbance but is elevated to 1. That there be a projected mee ng or actual mee ng of the Na onal Assembly or any
inci ng to sedi on. of its commi ees or subcommi ees, cons tu onal commissions or commi ees or
divisions, or of any provincial board or city or municipal council or board
Sedi on is commi ed by those who: (a) rise publicly and tumultuously; (b) to a ain by force, 2. That the o ender, who may be any person, prevents such mee ng by force or fraud
in mida on, or by other means outside of legal methods; (c) any of the objec ves
enumerated in Ar cle 139. Ar cle 144. Disturbance of proceedings
ELEMENTS:
Direct assault of the rst form is commi ed by those who: (a) without a public uprising; (b) 1. That there be a mee ng of Congress or any of its commi ees or subcommi ees,
shall employ force or in mida on; (c) for the a ainment of any of the purposes enumerated in cons tu onal commissions or commi ees, or any provincial board or city or
de ning the crimes of rebellion and sedi on. municipal council or board
2. That the o ender does any of the following acts:
Does wearing t-shirts printed with an -government invec ves amount to inci ng to sedi on? a) He disturbs any of such mee ngs.
No. During the inquest for the charges, all that the arres ng o cers could invoke was their b) He behaves while in the presence of any such bodies in such a manner as t o
observa on that some rallyists were wearing t-shirts with the invec ve "Oust Gloria Now" and interrupt its proceedings or to impair the respect due it.
their erroneous assump on that pe oner David was the leader of the rally. Such fact is NOTE:
insu cient to charge him with inci ng to sedi on. (David v. Arroyo) • Congress may also punish for contempt.
• The complaint for disturbance of proceeding must be led by a member of
Is the warrantless arrest of persons suspected of rebellion valid? legisla ve body, cannot be prosecuted de o cio.
In quelling or suppressing the rebellion, the authori es may only resort to warrantless arrests • Disturbance created by par cipant in the mee ng not covered by Art. 144
of persons suspected of rebellion, as provided under Sec on 5, Rule 113 of the RRCP, if the
circumstances so warrant. The warrantless arrest feared by pe oners is not based on the Ar cle 145. Viola on of Parliamentary immunity
declara on of a "state of rebellion" for Proclama on No. 38 has been li ed. (Lacson v. Reyes, Punishable Acts:
G.R. No. 147780, May 20, 2001) 1. Using force, in mida on, threats, or frauds to prevent any member from (a) a ending
the mee ngs of Congress or any of its commi ees or subcommi ees, cons tu onal
What remedies are available to one suspected of rebellion and arrested without warrant? commissions or commi ees or divisions thereof, or from (b) expressing his opinions or
Pe oners' conten on that they are under imminent danger of being arrested without (c) cas ng his vote.
warrant do not jus fy resort to the extraordinary remedies of mandamus and prohibi on since ELEMENTS:
an individual subjected to warrantless arrest has adequate remedies in the ordinary course of 1) That the o ender uses force, in mida on, threats or fraud.
law. He may ask for a preliminary inves ga on where he may adduce evidence in his defense, 2) That the purpose of the o ender is to prevent any member of
or he may submit himself to inquest proceedings to determine whether or not he should Congress from –
remain under custody a) A ending the mee ngs of the Congress or any of
and correspondingly be charged in court. its commi ees or cons tu onal commissions, etc.; or
b) Expressing his opinions; or
Further, a person subject of a warrantless arrest must be delivered to the proper judicial c) Cas ng his vote.
authori es within the periods provided in Ar cle 125, otherwise the arres ng o cer could be 2. Arres ng or searching any member while Congress is in session, except in cases where
held liable for delay in the delivery of detained persons. Should the deten on be without legal such member has commi ed a crime punishable under the Code by a penalty higher
ground, the person arrested can charge the arres ng o cer with arbitrary deten on. All this is than prision mayor.
without prejudice to his ling an ac on for damages against the arres ng o cer under Ar cle ELEMENTS:
32 o he NCC. (id.) 1) That the o ender is a public o cer or employee;
2) That he arrests or searches any member of Congress;
Chapter Two: Crimes Against Popular Representa on (Arts. 143-145) 3) That the Congress, at the me of arrest or search, is in regular or
Sec on One – Crimes against legisla ve bodies and similar bodies special session;
4) That the member arrested or searched has not commi ed a
Ar cle 143- Crimes against legisla ve bodies and similar bodies crime punishable under the Code by a penalty higher than prision mayor.
ELEMENTS: NOTE:

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 • Parliamentary immunity does not protect members of the Congress from • Not all the persons present at the mee ng of the rst form of illegal assembly
responsibility before the legisla ve body itself. must be armed.
• The 1987 Cons tu on exempts member of Congress from arrest, while the
Congress is in session, for all o enses punishable by a penalty less than prision What is the gravamen of illegal assembly?
mayor. The gravamen of the o ense is mere gathering for the unlawful purpose rela ng to a crime
Chapter Three: Illegal Assemblies and Associates (Arts. 146 & 147) under the RPC. If the o ense is punishable under special law, illegal assembly is not
commi ed.
Ar cle 146. Illegal Assemblies
Forms of Illegal Assemblies: What are the two ways of commi ng illegal assembly?
1. Any mee ng a ended by armed persons for the purpose of commi ng any of the crimes a. Gathering of persons any or some of whom are armed for the purpose of commi ng any
punishable under the Code. crime under the RPC.
REQUISITES: b. Gathering of persons where the audience is incited to commit treason, rebellion or
a) That there is a mee ng, gathering or group of persons, whether in insurrec on, sedi on or assault upon a person in authority or his agent even without the
a xed place or moving; a endance of armed men.
b) That the mee ng is a ended by armed persons.
c) That the purpose of the mee ng is to commit any of the crimes If the intent of the leader or organizer in organizing the mee ng is to incite the audience to
punishable under the Code. sedi on, the crime is inci ng to sedi on. If the inci ng u erances were injected during and
incidental to such mee ng, it is illegal assembly.
2. Any mee ng in which the audience, whether armed or not, is incited to the commission of
the crime of treason, rebellion or insurrec on, sedi on, or assault upon a person in authority. What are the penal es imposable for illegal assembly?
1. On the organizers or leaders of any mee ng, if a ended by armed persons — prision
REQUISITES: correccional in its maximum period to prision mayor in its medium period;
a) That there is a mee ng, a gathering or group of persons, whether in a xed place or moving. 2. Persons merely present but armed — prision correccional
b) That the audiences, whether armed or not, is incited to the commission of the crime of 3. Persons merely present but not armed — arresto mayor
treason, rebellion or insurrec on, sedi on or direct assault. The presence of any armed person at such mee ng shall give rise to the twin
presump ons that:
Mee ng – is a gathering or group whether in a xed place or moving (As amended by R.A. No. 1. The mee ng, as far as he is concerned, is illegal; and
12, September 5, 1946; Restored by E.O. No. 187.) 2. He is a leader or organizer of such mee ng.

PERSONS LIABLE IN ILLEGAL ASSEMBLIES: B. P. 880 - PUBLIC ASSEMBLY ACT OF 1985

1. The organizers or leaders of the mee ng
2. Persons merely present at the mee ng Sec on 3. De ni on of terms - For purposes of this Act:
(a) "Public assembly" means any rally, demonstra on, march, parade, procession or any other
NOTE: form of mass or concerted ac on held in a public place for the purpose of presen ng a lawful
• It is necessary that the audience is actually incited. If in the mee ng the audience cause; or expressing an opinion to the general public on any par cular issue; or protes ng or
is incited to the commission of rebellion or sedi on, the crimes commi ed are in uencing any state of a airs whether poli cal, economic or social; or pe oning the
ILLEGAL ASSEMBLY as regards to the organizers or leaders or persons merely government for redress of grievances.
present and INCITING TO REBELLION OR SEDITION insofar as the one inci ng them The processions, rallies, parades, demonstra ons, public mee ngs and assemblages for
is concerned. religious purposes shall be governed by local ordinances: Provided, however, That the
declara on of policy as provided in Sec on 2 of this Act shall be faithfully observed.
PRESUMPTIONS:
If any person carries an unlicensed rearm, it is presumed that: The de ni on herein contained shall not include picke ng and other concerted ac on in strike
1. the purpose of the mee ng insofar as he is concerned is to commit acts punishable areas by workers and employees resul ng from a labor dispute as de ned by the Labor Code,
under the RPC, and its implemen ng rules and regula ons, and by the Batas Pambansa Bilang 227.
2. he is considered a leader or organizer of the mee ng.

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 (b) "Public place" shall include any highway, boulevard, avenue, road, street, bridge or other (c) If the mayor is of the view that there is imminent and grave danger of a substan ve evil
thoroughfare, park, plaza, square, and/or any open space of public ownership where the warran ng the denial or modi ca on of the permit, he shall immediately inform the applicant
people are allowed access. who must be heard on the ma er.
(c) "Maximum tolerance" means the highest degree of restraint that the military, police and (d) The ac on on the permit shall be in wri ng and served on the applica on within twenty-
other peace keeping authori es shall observe during a public assembly or in the dispersal of four hours.
the same. (e) If the mayor or any o cial ac ng in his behalf denies the applica on or modi es the terms
(d) "Modi ca on of permit" shall include the change of the place and me of the public thereof in his permit, the applicant may contest the decision in an appropriate court of law.
assembly, rerou ng of the parade or street march, the volume of loud-speakers or sound (f) In case suit is brought before the Metropolitan Trial Court, the Municipal Trial Court, the
system and similar changes. Municipal Circuit Trial Court, the Regional Trial Court, or the Intermediate Appellate Court, its
decisions may be appealed to the appropriate court within forty-eight (48) hours a er receipt
Sec on 4. Permit when required and when not required - A wri en permit shall be required for of the same. No appeal bond and record on appeal shall be required. A decision gran ng such
any person or persons to organize and hold a public assembly in a public place. However, no permit or modifying it in terms sa sfactory to the applicant shall, be immediately executory.
permit shall be required if the public assembly shall be done or made in a freedom park duly (g) All cases led in court under this Sec on shall be decided within twenty-four (24) hours
established by law or ordinance or in private property, in which case only the consent of the from date of ling. Cases led hereunder shall be immediately endorsed to the execu ve judge
owner or the one en tled to its legal possession is required, or in the campus of a for disposi on or, in his absence, to the next in rank.
government-owned and operated educa onal ins tu on which shall be subject to the rules (h) In all cases, any decision may be appealed to the Supreme Court.
and regula ons of said educa onal ins tu on. Poli cal mee ngs or rallies held during any (i) Telegraphic appeals to be followed by formal appeals are hereby allowed.
elec on campaign period as provided for by law are not covered by this Act.
Sec on 7. Use of public thoroughfare - Should the proposed public assembly involve the use,
Sec on 5. Applica on requirements - All applica ons for a permit shall comply with the for an appreciable length of me, of any public highway, boulevard, avenue, road or street, the
following guidelines: mayor or any o cial ac ng in his behalf may, to prevent grave public inconvenience, designate
(a) The applica ons shall be in wri ng and shall include the names of the leaders or organizers; the route thereof which is convenient to the par cipants or reroute the vehicular tra c to
the purpose of such public assembly; the date, me and dura on thereof, and place or streets another direc on so that there will be no serious or undue interference with the free ow of
to be used for the intended ac vity; and the probable number of persons par cipa ng, the commerce and trade.
transport and the public address systems to be used.
(b) The applica on shall incorporate the duty and responsibility of applicant under Sec on 8 Sec on 8. Responsibility of applicant - It shall be the duty and responsibility of the leaders and
hereof. organizers of a public assembly to take all reasonable measures and steps to the end that the
(c) The applica on shall be led with the o ce of the mayor of the city or municipality in intended public assembly shall be conducted peacefully in accordance with the terms of the
whose jurisdic on the intended ac vity is to be held, at least ve (5) working days before the permit. These shall include but not be limited to the following:
scheduled public assembly. (a) To inform the par cipants of their responsibility under the permit;
(d) Upon receipt of the applica on, which must be duly acknowledged in wri ng, the o ce of (b) To police the ranks of the demonstrators in order to prevent non-demonstrators from
the city or municipal mayor shall cause the same to immediately be posted at a conspicuous disrup ng the lawful ac vi es of the public assembly;
place in the city or municipal building. (c) To confer with local government o cials concerned and law enforcers to the end that the
public assembly may be held peacefully;
Sec on 6. Ac on to be taken on the applica on - (d) To see to it that the public assembly undertaken shall not go beyond the me stated in the
(a) It shall be the duty of the mayor or any o cial ac ng in his behalf to issue or grant a permit permit; and
unless there is clear and convincing evidence that the public assembly will create a clear and (e) To take posi ve steps that demonstrators do not molest any person or do any act unduly
present danger to public order, public safety, public convenience, public morals or public interfering with the rights of other persons not par cipa ng in the public assembly.
health.
(b) The mayor or any o cial ac ng in his behalf shall act on the applica on within two (2) Sec on 9. Non-interference by law enforcement authori es - Law enforcement agencies shall
working days from the date the applica on was led, failing which, the permit shall be not interfere with the holding of a public assembly. However, to adequately ensure public
deemed granted. Should for any reason the mayor or any o cial ac ng in his behalf refuse to safety, a law enforcement con ngent under the command of a responsible police o cer may
accept the applica on for a permit, said applica on shall be posted by the applicant on the be detailed and sta oned in a place at least one hundred (100) meter away from the area of
premises of the o ce of the mayor and shall be deemed to have been led. ac vity ready to maintain peace and order at all mes.

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 Sec on 10. Police assistance when requested - It shall be impera ve for law enforcement (b) Arbitrary and unjus ed denial or modi ca on of a permit in viola on of the provisions of
agencies, when their assistance is requested by the leaders or organizers, to perform their this Act by the mayor or any other o cial ac ng in his behalf.
du es always mindful that their responsibility to provide proper protec on to those exercising (c) The unjus ed and arbitrary refusal to accept or acknowledge receipt of the applica on for
their right peaceably to assemble and the freedom of expression is primordial. Towards this a permit by the mayor or any o cial ac ng in his behalf;
end, law enforcement agencies shall observe the following guidelines: (d) Obstruc ng, impeding, disrup ng or otherwise denying the exercise of the right to peaceful
(a) Members of the law enforcement con ngent who deal with the demonstrators shall be in assembly;
complete uniform with their nameplates and units to which they belong displayed prominently (e) The unnecessary ring of rearms by a member of any law enforcement agency or any
on the front and dorsal parts of their uniform and must observe the policy of "maximum person to disperse the public assembly;
tolerance" as herein de ned; (f) Acts in viola on of Sec on 10 hereof;
(b) The members of the law enforcement con ngent shall not carry any kind of rearms but (g) Acts described hereunder if commi ed within one hundred (100) meters from the area of
may be equipped with baton or riot s cks, shields, crash helmets with visor, gas masks, boots ac vity of the public assembly or on the occasion thereof;
or ankle high shoes with shin guards; 1. the carrying of a deadly or o ensive weapon or device such as rearm, pillbox, bomb, and
(c) Tear gas, smoke grenades, water cannons, or any similar an -riot device shall not be used the like;
unless the public assembly is a ended by actual violence or serious threats of violence, or 2. the carrying of a bladed weapon and the like;
deliberate destruc on of property. 3 the malicious burning of any object in the streets or thoroughfares;
4. the carrying of rearms by members of the law enforcement unit;
Sec on 11. Dispersal of public assembly with permit - No public assembly with a permit shall 5. the interfering with or inten onally disturbing the holding of a public assembly by the use of
be dispersed. However, when an assembly becomes violent, the police may disperse such a motor vehicle, its horns and loud sound systems.
public assembly as follows:
(a) At the rst sign of impending violence, the ranking o cer of the law enforcement Sec on 14. Penal es - Any person found guilty and convicted of any of the prohibited acts
con ngent shall call the a en on of the leaders of the public assembly and ask the la er to de ned in the immediately preceding Sec on shall be punished as follows:
prevent any possible disturbance; (a) viola on of subparagraph (a) shall be punished by imprisonment of one month and one day
(b) If actual violence starts to a point where rocks or other harmful objects from the to six months;
par cipants are thrown at the police or at the non-par cipants, or at any property causing (b) viola ons of subparagraphs (b), (c), (d), (e), (f), and item 4, subparagraph (g) shall be
damage to such property, the ranking o cer of the law enforcement con ngent shall audibly punished by imprisonment of six months and one day to six years;
warn the par cipants that if the disturbance persists, the public assembly will be dispersed; (c) viola on of item 1, subparagraph (g) shall be punished by imprisonment of six months and
(c) If the violence or disturbances prevailing as stated in the preceding subparagraph should one day to six years without prejudice to prosecu on under Presiden al Decree No. 1866;
not stop or abate, the ranking o cer of the law enforcement con ngent shall audibly issue a (d) viola ons of item 2, item 3, or item 5 of subparagraph (g) shall be punished by
warning to the par cipants of the public assembly, and a er allowing a reasonable period of imprisonment of one day to thirty days.
me to lapse, shall immediately order it to forthwith disperse;
(d) No arrest of any leader, organizer or par cipant shall also be made during the public What is the meaning of "assembly"?
assembly unless he violates during the assembly a law, statute, ordinance or any provision of "Assembly means a right of the ci zens to meet peaceably for consulta on in respect to public
this Act. Such arrest shall be governed by Ar cle 125 of the Revised Penal Code, as amended: a airs. It is a necessary consequence of being a republican ins tu on and complements the
(e) Isolated acts or incidents of disorder or branch of the peace during the public assembly right of speech. (David v. Arroyo)
shall not cons tute a group for dispersal.
What is the only limita on on the freedom of assembly?
Sec on 12. Dispersal of public assembly without permit - When the public assembly is held Like freedom of expression, this right is not to be limited, much less denied, except on a
without a permit where a permit is required, the said public assembly may be peacefully showing of a clear and present danger of a substan ve evil that Congress has a right to
dispersed. prevent. Just like other rights embraced in the freedom of expression, the right to assemble is
not subject to previous restraint or censorship. It may not be condi oned upon the prior
Sec on 13. Prohibited acts - The following shall cons tute viola ons of this Act: issuance of a permit or authoriza on from the government authori es except if the assembly
(a) The holding of any public assembly as de ned in this Act by any leader or organizer without is intended to be held in a public place, a permit for the use of such place, and not for the
having rst secured that wri en permit where a permit is required from the o ce concerned, assembly itself, may be validly required, (id.)
or the use of such permit for such purposes in any place other than those set out in said
permit: Provided, however, That no person can be punished or held criminally liable for Can par cipa on in a peaceable assembly be a basis for warrantless arrest on a charge of
par cipa ng in or a ending an otherwise peaceful assembly; sedi on?

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 No. In 2006, DD was with others who were exercising their right to peaceful assembly. They the persons present at the
were not commi ng any crime, neither was there a showing of a clear and present danger mee ng.
that warranted the limita on of that right. The charges of inci ng to sedi on and viola on of
BP 880 were mere a erthought. Peaceable assembly for lawful discussion cannot be made a In Illegal Associa on- It is not necessary that there is an actual mee ng. It is the act of forming
crime. The holding of mee ngs for peaceable poli cal ac on cannot be proscribed. Those who or organizing and membership in the associa on that is punished. The persons liable are: 1.
assist in the conduct of such mee ngs cannot be branded as criminals on that score. The the founders, directors and president, and 2. the members.
ques on is not as to the auspices under which the mee ng was held but as to its purpose; not
as to the rela ons of the speakers, but whether their u erances transcend the bounds of the Chapter Four: Assault Upon, and Resistance and Disobedience to, Persons in Authority and
freedom of speech which the Cons tu on protects. If the persons assembling have commi ed their agents (Ar cles 148 & 152)
crimes elsewhere, if they have formed or are engaged in a conspiracy against the public peace
and order, they may be prosecuted for their conspiracy or other viola ons of valid laws. But it Art 152. Persons in authority and Agents of persons in authority
is a di erent ma er when the State, instead of prosecu ng them for such o enses, seizes Public o cer (PO)- Any person who takes part in the performance of public func ons in the
upon mere par cipa on in a peaceable assembly and a lawful public discussion as the basis for government.
a criminal charge. Person in authority (PA)- Any person directly vested with jurisdic on, whether as an individual
or as a member of some court or governmental corpora on, board or commission.
Tolerance is the rule and limita on is the excep on. Only upon a showing that an assembly Agent of a Person in Authority (APA)- Any person who, by direct provision of law or by
presents a clear and present danger t h a t the State may deny the ci zens' right to exercise it. elec on or by appointment by competent authority, is charged with the maintenance of public
Indeed, respondents failed to show that the rallyists commi ed acts amoun ng to lawless order and the protec on and security of life and property.
violence, invasion or rebellion. With the blanket revoca on of permits, the dis nc on between
protected and unprotected assemblies was eliminated. What is the essence of illegal associa on?
The gravamen of the o ense is the forming of an organiza on, corpora on, or associa on, for
Moreover, under B.P. 880, the authority to regulate assemblies and rallies is lodged with the the purpose of criminal ac vi es prohibited by the RPC or by special laws against public morals
local government units. They have the power to issue permits and to revoke such permits a er or any act prejudicial to public welfare.
due no ce and hearing on the determina on of the presence of clear and present danger.
Here, pe oners were not even no ed and heard on the revoca on of their permits. The rst "Public morals" should be construed as a crime under special penal law because the preceding
me they learned of it was at the me of the dispersal. Such absence of no ce is a fatal defect. phrase already refers to "any of the crimes punishable under this Code." In view of the mul -
When a person's right is restricted by government ac on, it behooves a democra c million peso industry involving e-pornography, this provision should be made more relevant
government to see to it that the restric on is fair, reasonable, and according to procedure. today.

Ar cle 147. Illegal Associa on. Ar cle 148. Direct Assault

PROHIBITED ASSOCIATIONS TWO WAYS TO COMMIT:
Associa on totally or par ally organized for: 1. Without public uprising, by employing force or in mida on for the a ainment of any of the
1. the purpose of commi ng any of the crimes punishable under the Code purposes enumerated in de ning the crimes of sedi on & rebellion
2. some purpose contrary to public morals ELEMENTS:
1) That the o ender employs force or in mida on.
Public morals – refers to ma ers which a ect the interest of society and public convenience 2) That the aim of the o ender is to a ain any of the purposes of the crime
and is not limited to good customs of rebellion or any of the objects of the crime of sedi on.
3) That there is no public uprising.
PERSONS LIABLE: • O ended party need not be a person in authority or his agent, he may be a
1. Founders, directors, and president of the associa on. private individual if the object is to a ain an object of sedi on
2. Members of the associa on. 2. Without public uprising, by a acking, by employing force or seriously in mida ng or
by seriously resis ng any person in authority (PA) or any of his agents (APA), while
Illegal associa on dis nguished from illegal assembly engaged in the performance of o cial du es, or on the occasion of such
In illegal assembly- It is necessary that there is an actual mee ng or assembly of armed performance.
persons for the purpose speci ed in Art. 146. It is the mee ng and a endance at such mee ng ELEMENTS:
that is punished. The persons liable are: 1. the organizers or leaders of the mee ngs, and 2. 1. That the o ender

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 a. Makes an a ack, 1. That an APA is the vic m of any of the forms of direct assault de ned in Art. 148
b. Employs force, 2. That a person comes to the aid of the APA
c. Makes a serious in mida ons, or 3. That the o ender makes use of force or in mida on upon such person coming to the
d. Makes a serious resistance. aid of the APA.
2. That the person assaulted is a person in authority or his agent. NOTE:
3. That at the me of the assault the person in authority or his agent Indirect assault can be commi ed only when a direct assault is also commi ed.
a. Is engaged in the actual performance of o cial du es, or
b. That he is assaulted by reason of the past performance of Ar cle 150. Disobedience to summons issued by the na onal assembly, its commi ees or
his o cial du es. subcommi ees, by the cons tu onal commission, its commi ees, subcommi ees or
4. That the o ender knows that the one he is assaul ng is a person divisions
in authority or his agent in the exercise of his du es PUNISHABLE ACTS:
5. That there is no public uprising. 1. Refusing, without legal excuse, to obey summons of Congress, or any commission or
• Considered not in the actual performance of o cial du es: commi ee chairman or member authorized to summon witnesses;
3. When the PA or APA exceeds his powers or acts without authority 2. Refusing to be sworn or placed under a rma on while before such legisla ve or
4. unnecessary use of force or violence cons tu onal body or o cial;
5. descended to ma ers which are private in nature 3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or
records in his possession, when required by them to do so in the exercise of their
TWO KINDS OF DIRECT ASSAULT OF THE SECOND FORM: func ons;
1. Simple assault 4. Restraining another from a ending as a witness in such legisla ve or cons tu onal
2. Quali ed assault body;
5. Inducing disobedience to summons or refusal to be sworn by any such body or
DIRECT ASSAULT IS QUALIFIED WHEN: o cial.
1. Commi ed with a weapon NOTE:
2. O ender is a public o cer or employee • The tes mony of a person summoned must be upon ma ers into which the
3. O ender lays hands upon a person in authority legislature has jurisdic on to inquire.

NOTE: Ar cle 151. Resistance and Disobedience to a person in authority or the agents of such
• Knowledge of the accused that the vic m is a PA or APA is essen al. person
• If the o ended party is only an APA, force employed must be of a serious ELEMENTS OF RESISTANCE & SERIOUS DISOBEDIENCE:
character indicates determina on to defy the law and its representa ve. If the 1. That a person in authority or his
o ended party is PA, employed force need not be serious. agent is engaged in the performance of o cial duty or gives a lawful order to the
• Teachers, professors, and persons in charged with the supervision of public or duly o ender
recognized private schools, colleges and universi es shall be deemed persons in 2. That the o ender resists or seriously disobeys such person in authority or his agent
authority, in applying Arts. 148 and 151. 3. That the act of the o ender is not included in the provisions of Arts. 148-150
• Evidence of mo ve of the o ender is important when the person in authority or
his agent who is a acked or seriously in midated is not in the actual performance ELEMENTS OF SIMPLE DISOBEDIENCE:
of his o cial duty. 1. That an APA is engaged in the performance of o cial duty or gives a lawful order to
• When PA or APA descended to ma ers which are private in nature, an a ack by the o ender;
one against the other is not direct assault. 2. That the o ender disobeys such APA;
• Even when PA or APA agrees to ght, an a ack made by accused cons tutes Direct 3. That such disobedience is not of a
Assault, the character of a person in authority or agent is not laid o at will but serious nature.
a aches to him un l he ceases to be in o ce.
• The crime of slight physical injuries is absorbed in direct assault. NOTE:
• The accused must have knowledge that the person giving the order is a peace
ART. 149- INDIRECT ASSAULT o cer.
ELEMENTS:

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 Direct assault dis nguished from resistance or serious disobedience 1. there must be an a ack, use of force or serious in mida on or resistance upon a PA
Direct Assault- The PA or APA must be engaged in the performance of o cial du es or that he or his agent;
is assaulted by reason thereof. There is force employed. 2. the assault was made when the PA or APA was performing his du es or on the
Resistance- Only in actual performance of du es. Use of force is not so serious. occasion of such performance; and
3. the accused knew that the vic m is a PA or APA, that is, that the accused must have
Ar cle 152. Persons in authority and agents of persons in authority- who shall be deemed as the inten on to o end, injure or assault the o ended party as a PA or an A P A . (id.)
such.
Can direct assault be commi ed during rebellion or sedi on?
What is the ra onale for penalizing direct assault? No. This crime cannot be commi ed in mes of rebellion or sedi on because DA requires that
Direct Assault (DA) is a crime manifes ng o ender's spirit of lawlessness displayed in the there is no public uprising. Ar cle 148 requires that the assault be "without a public
commission of an act indica ve of u er lawlessness or spirit against the rule of law. This is uprising." (id.)
shown by accused in a acking, injuring or assaul ng a person in authority (PA) or an agent of a
person in authority (APA) who are the visible representa ves of the law. What is the e ect of direct assault, on the felony?
Generally, DA is complexed with other crimes resul ng from the assault, e.g., DA with murder
How is direct assault commi ed? to be charged in one informa on only. But when the consequence of the act is slight physical
There are two types of commi ng DA: injury, it is DA only because the la er is the principal o ense and the material result of the act
(the slight physical injury) cannot be separated from the assault, as the de ant conduct against
1. By employing violence or force with for the purpose of a aining any of the objec ves the law is the spirit behind the act.
of rebellion or sedi on except that the o enders are not numerous enough to
cons tute public uprisings. (Hence, this is also called rebellion by a handful.) The DA is a crime brought about by the spirit of lawlessness displayed in the commission of the act.
o ended party or vic m need not be a public o cer but may be a certain social class. The act must be indica ve that the o ender is u erly lawless or against the rule of law. When
2. By a acking or laying hands upon a PA or an APA. an a ack is made to a PA or APA while in the performance of duty, DA is commi ed whatever
may be the o ender's reason for a acking.
There are two ways of commi ng atentados contra la autoridad o susagentes. T h e rst is not
a true atentadoas it is tantamount to rebellion or sedi on, except that there is no public Relate less serious physical injuries to direct assault.
uprising. On the other hand, the second mode is the more common way of commi ng assault Ar cle 265 makes the laying of hands upon a PA ( APA not included) qualifying provided that
and is aggravated when: (1) there is a weapon employed in the a ack, or (2) the o ender is a the crime thereby commi ed is not DA. That is, if the laying of hands is not by reason of his
public o cer, or (3) the o ender lays hands upon a public authority. (People v. Abalos, July being a PA or due to the performance o is func on, the crime is quali ed less serious physical
1996) injuries. If the laying of hands is during or by reason of the performance of du es of a PA and
results to less serious physical injuries, a complex crime of DA with less serious physical injuries
De ne (a) person in authority; (b) agent of a person in authority. is commi ed. If the injury is other than less serious physical in griefs, and if is not D A, the
Person in authority — any public o cer vested with jurisdic on recognized in law and clothed generic aggrava ng circumstance of rank may be appreciated.
with authority in law, whether individually or as a member of board or corporate body.
When the assault on the person in authority or his agent results to death, what crime is
Teachers, lawyers and heads of schools recognized by the government are PA solely for commi ed?
purposes ofAr cles 148 and 151 and in connec on with their du es. Outside of this, they are The assault resul ng in the killing of the PA or APA, gives rise to the complex crime of DA with
not considered PA. murder or homicide.

Agent of a person in authority — Any person who, by direct provision of law, by elec on or LL was a member of the then INP and thus was an APA. He was in the actual performance of
appointment by competent authority is charged with the maintenance of order and the his du es when assaulted for he was maintaining peace and order during the esta. TT
protec on and security of life and property, e.g., councilman or policeman and any person personally knew LL to be a policeman who in fact was wearing his uniform. LL was struck from
who comes to the aid of a person in authority. Security guards are not included for they are behind while he was being confronted at the same me by the appellant's father. He delib-
not public o cials. erately went behind the vic m whom he then hit with a piece of wood he deliberately got for
the purpose. TT resorted to such means to avoid any risk to him knowing that his quarry was a
What are the elements of the common form of direct assault? policeman who could readily mount a defense. These should have su ciently deterred the
The elements of DA of the second form are:

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 appellant from a acking him, and de ant conduct clearly demonstrates that he really had the When the civilian comes to the aid of a PA or an APA, he himself becomes an APA.
criminal intent to assault and injure an agent of the law (id.) Consequently, the assault on him cons tutes IA under Ar cle 149. Therefore, for IA to be
commi ed there must be DA. Without DA, there can be no IA for there would be no occasion
Relate "ignorance of law" and "ignorance of fact" to direct assault. for the civilian to extend aid to a PA or A P A . Thus, two crimes commi ed — DA for the a ack
Generally, the o ender must be aware that the o ended is possessed of authority. Hence, if he on the PA or A P A and IA for the a ack on the aiding civilian.
does not know that the o ended is a public o cer, direct assault is not commi ed. This is
subject, however, to the rule of "ignorance of the law excuses no one": whether a public In ne, for IA to be commi ed there must be:
o cer is a PA or an A P A within the meaning of Ar cle 152 is a ques on of law, ignorance of 1. Assault on the PA or APA (DA);
which is not excused. That means the o ender does not have to know that vic m is included in 2. A civilian comes to the aid of the PA or APA on the occasion of the assault on them;
Ar cle 152 as long as he knows that he is a public o cer which is a ques on of fact, ignorance and
of which nega ves liability for DA but not for the material result 3. The civilian who pro hoc vice becomes an APA is also assaulted.
of the assault.
Ar cle 153. Tumults and other disturbances of Public Order
The qualifying circumstance of laying hand applies to whom? PUNISHABLE ACTS:
The circumstance applies to a PA only as expressly provided in the law. It does not include 1. Causing any serous disturbance in a public place, o ce or establishment.
laying hand upon an APA . Hence, physical violence such as pushing a PA quali es the D A ; this 2. Interrup ng or disturbing public performances, func ons or gatherings, or peaceful
is not necessarily true to an APA . mee ngs, if the act is not included in Arts. 131- 132.
3. Making an outcry tending to incite rebellion or sedi on in any mee ng, associa on or
Under Ar cle 151, resistance and disobedience to a PA is always serious; whereas, to an A P A , public place
it may or may not be serious (paragraph 2). The act of the o ender is merely a reac on not an 4. Displaying placards or emblems which provoke a disturbance of public order in such
aggression required in DA. place
5. Burying with pomp the body of a person who has been legally executed
When is laying of hands upon a public o cer not direct assault?
Excep onally, if in the exercise of his func on, the PA or APA acted illegally by overstepping the NOTE:
bounds of his authority, there is no DA because by so ac ng irregularly and illegally, he ceases • Serious disturbance must be planned or intended
to be a public o cer. One is deemed a public o cer only when ac ng within the scope of his
authority. Outcry – to shout spontaneously subversive or provoca ve words tending to s r up the people
so as to obtain by means of force or violence any of the objects of rebellion or sedi on
If the public o cer assaulted is not a PA, (for example, a municipal accountant) the assault on
him is an aggrava ng circumstance under Ar cle 14(2). If e is a PA, the crime is DA, thus, not Burying with pomp the body of a person – ostenta ous display of a burial
anymore aggrava ng for the assault is the basis of DA and Ar cle 62, no. 2 provides that
circumstances which are crimes by themselves shall no longer be considered. Inci ng to sedi on or rebellion dis nguished from public disorder
Inci ng to sedi on or rebellion- The outcry or displaying of emblems or placards should have
Who can become an agent of a person in authority? been done with the idea aforethought of inducing his hearers or readers to commit the crime
Ar cle 152 says that a civilian who comes to the aid of a PA becomes an APA. It did not of rebellion or sedi on.
men on APA. It appears that if he came to the aid of an APA, he does not become an APA. But
Ar cle 149 says that indirect assault (IA) is commi ed by a acking or assaul ng any PA or A P Public Disorder- The outcry is more or less unconscious outburst which, although rebellious or
A showing that the civilian becomes an APA even if the one aided is an APA. sedi ous in nature, is not inten onally calculated to induce others to commit rebellion or
sedi on.
Ar cle 149 should prevail as far as criminal liability for IA is concerned for that ar cle is the
speci c provision on how IA is commi ed whereas Ar cle 152 is a general provision on who is NOTE:
an APA. • The penalty next higher in degree shall be imposed upon persons causing any
interrup on of character.
When the o ended is a civilian who aids a person in authority or his agent, what crime or
crimes are commi ed? Ar cle 154. Unlawful use of means of Public and unlawful u erances
PUNISHABLE ACTS:

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 1. Publishing or causing to be published as news any false news which may endanger the If the o enders are armed, the disturbance is designated tumultuous. "Arms" refers to clubs,
public order, or cause damage to the interest or credit of the State stones, or any means of fatal violence, not exclusively rearms.
2. Encouraging disobedience to the law or to the cons tuted authori es or by praising,
jus fying or extolling any act punished by law, by the same means or by words, Burying a person legally put to death cons tutes what crime?
u erances or speeches It cons tutes viola on of Ar cle 153 (last paragraph). "Legally" means that the o ender was
3. Maliciously publishing or causing to be published any o cial resolu on or document imposed the death penalty, the convic on was a rmed with nality by the Supreme Court,
without authority, or before they have been published o cially and the convict was executed. This is penalized because by so burying with pomp a person
4. Prin ng, publishing or distribu ng (or causing the same) books, pamphlets, legally executed, it shows the de ant a tude of the o enders and their lack of respect for the
periodicals, or lea ets which do not bear the real printer’s name, or which are rule of law. However, R.A. 9346 had prohibited the imposi on of the death penalty; thus, this
classi ed as anonymous crime can no longer be commi ed.

NOTE: Ar cle 155. Alarms and Scandals

• The o ender must know that the news is false to be liable. PUNISHABLE ACTS:
• R.A. No. 248 prohibits the reprin ng, reproduc on or republica on of government 1. Discharging any rearm, rocket, recracker, or other explosive within any town or
publica ons and o cial documents without previous authority. public place, calculated to cause alarm or danger (should not be aimed at a person
otherwise illegal discharge of rearm under Art. 254)
What crimes are treated in Ar cle 153? 2. Ins ga ng or taking an ac ve part in any charivari or other disorderly mee ng
There are four acts cons tu ng tumults and other disturbance of public order: o ensive to another or prejudicial to public tranquility
a. Serious disturbance in any public place, o ce or establishment. 3. Disturbing the public peace while wandering about at night or while engaged in any
b. Interrup on or disturbance of public performance, func on, or gathering if the act is not other nocturnal amusements
covered by: 4. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided Art. 153 is not applicable
Ar cle 131 — interrup on of peaceful mee ng or
Ar cle 132 — interrup on of religious worship NOTE:
• If the disturbance is of a serious nature, the case will fall under Art. 153
In Ar cles 131 and 132, the o ender is a public o cer and the act is prohibi ng, preven ng, or
dissolving peaceful mee ng or religious worship. Charivari - includes a medley of discordant voices, a mock serenade of discordant noises made
on ke les, n, horns, etc. designed to annoy or insult
When the acts in [a] and [b] are commi ed by more than three [at least four] armed persons
or provided with means of violence the crime is tumultuous disturbance. NOTE:
• The reason for punishing ins ga ng or taking ac ve part in charivari and other
c. Making any outcry tending to incite to rebellion or sedi on, displaying placards or emblems disorderly mee ng is to prevent more serious disorders.
which disturb public order; and
d. Burying with pomp the body of a person legally executed (death penalty). What are the acts penalized as alarms and scandals?
a. Discharge of rearms, recrackers, and other explosives in public place;
Acts of disturbance or interrup on could result in what crimes? b. Charivari;
The disturbance is either of public order (Ar cle 153) or inci ng to rebellion or sedi on c. Engaging in nocturnal amusement disturbing the public place; or
(Ar cles 138, 142). If the person who makes statements tending to incite the listeners to rise d. Any disturbance or scandal in public places not amoun ng to tumults
to rebellion or sedi on had that original criminal intent, it is inci ng to rebellion or sedi on;
otherwise, it is simply disturbance of public order. What variant crimes can arise from the use of rearms?
a. Alarms and scandals (Ar cle 155) — o ender discharges a rearm in a public place but the
What is public disorder? rearm is not pointed to a par cular person when discharged.
Public disorder is a serious disturbance in a place where performance of public func on is b. Illegal discharge of rearm (Ar cle 254) — the rearm was directed to a par cular person
being held, if the disturbance is not covered by Ar cles 131 and 132. If the disturbance is not who was not hit if intent to kill is not proved.
serious, the crime is alarms and scandals under Ar cle 155. c. A empted or frustrated homicide or murder — the o ended was hit with intent to kill,
automa cally, the crime is at least a empted homicide or murder; frustrated if the wound is

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 mortal. It has been held that when one uses a lethal weapon against another, intent to kill is Ar cle 157. Evasion of service of sentence.
inherent. Even if the o ended was not hit, but it was proved that there was intent to kill, there ELEMENTS:
is at least a empted homicide. 1. That the o ender is a convict by nal judgment
d. Physical Injuries — if the person was injured but there was no intent to kill. 2. That he is serving his sentence, which consists in depriva on of liberty
e. Threat — if the weapon is not discharged but aimed at another. (Other light threat if drawn 3. That he evades the service of his sentence by escaping during the term of his sentence.
in a quarrel but not in self-defense.)
f. Grave coercion — if the threat was direct, immediate and serious and the person is CIRCUMSTANCES QUALIFYING THE OFFENSE:
compelled or prevented to do something against his will. 1. By means of unlawful entry (this should be “by scaling”)
g. Illegal possession of rearm - if the rearm is unlicensed provided no other crime is 2. By breaking doors, windows, gates, walls, roofs or oors
commi ed by means of such rearm. 3. By using picklocks, false keys, disguise, deceit, violence, or in mida on
4. Through connivance with other convicts or employees of the penal ins tu on.
What is charivari? NOTE:
Charivari is a mock serenade where the o ender actually disturbs the peace by using cans, • Deten on prisoners and minor delinquents who escape con nement are not
pans, utensils, etc. This brings about the crime of alarms and scandals. This is equivalent to liable for evasion of service of sentence.
breach of the peace in municipal ordinances. • Art. 157 is applicable to sentence by des erro.

Crea ng noise and annoyance may bring about what o enses? Ar cle 158. Evasion of service of sentence on the occasion of disorders, con agra ons,
a. Alarms and scandals — Disturbing the public in general by playing or singing karaoke noisily earthquakes or other calami es.
during midnight in the neighborhood. ELEMENTS:
b. Unjust vexa on — If the noise is directed to a par cular person or family (light coercion 1. That the o ender is a convict by nal judgment, and is con ned in a penal ins tu on
under Ar cle 287). 2. That there is disorder, resul ng from;
a. Con agra on
Ar cle 156. Delivering prisoners from jail b. Earthquake
ELEMENTS: c. Explosion
1. That there is a person con ned in a jail or penal establishment (deten on is included) d. similar catastrophe
2. That the o ender removes such person, or helps the escape of such person. e. mu ny in which he has not
Commi ed in two ways: par cipated
1. by removing a prisoner con ned in
jail or penal ins tu on – to take away a person from con nement with or without the ac ve 3. That the o ender leaves the penal
par cipa on of the person released ins tu on where he is con ned, on the occasion of such disorder or during the
2. by helping said person to escape – furnish material means to facilitate escape mu ny
4. That the o ender fails to give himself up to the authori es within 48 hrs. following the
NOTE: issuance of a proclama on by the Chief Execu ve announcing the passing away of
• The prisoner may be a deten on prisoner or one sentenced by virtue of a nal such calamity.
judgment.
• If the prisoner was con ned in a hospital when he was assisted in escaping NOTE:
cons tutes a viola on of Art. 156 because the hospital may be considered as an • What is punished is not the leaving of the penal ins tu on, but the failure of the
extension of the jail. convict to give himself up to the authori es within 48 hours a er the
• But if the crime commi ed by the prisoner for which he is con ned or serving proclama on announcing the passing away of the calamity.
sentence is treason, murder, or parricide, the act of taking the place of the • If the o ender fails to give himself up, he gets an increased penalty; if the
prisoner in prison is that of an accessory under Art. 19, par. 3 o ender gives himself up, he is en tled to a deduc on of 1/5 of his sentence.

Who is the o ender in Ar cle 156

The o ender is any person who is NOT the custodian of the prisoner. If it were the custodian Ar cle 159. Other cases of evasion of sentence (Condi onal Pardon)
who connived in the escape or was negligent, he is liable for in delity in the custody of ELEMENTS:
prisoner, either through dolo or negligence under Ar cles 223, 224, and 225. 1. That the o ender was a convict.

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 2. That he was granted a condi onal pardon by the Chief Execu ve. loyalty me allowance provided in Ar cle 98. Rather, Ar cle 157 should apply in case of riot for
3. That he violated any of the condi ons of such pardon. it uses the word "violence" as a means of escaping.

NOTE: How is evasion commi ed in Ar cle 158?

• Viola on of condi onal pardon is a dis nct crime Evasion lies in the failure to return, not in leaving the penal establishment because leavingis
• O ender can be arrested and reincarcerated without trial – in accordance with encouraged in cases of disorders enumerated therein. This is shown by the fact that there is
Sec. 64(I) of the Revised Administra ve Code. premium for those who leave and therea er return
• The condi on imposed upon the prisoner that he should not commit another a er the disorder ceases. Thus:
crime, extends to o enses punishable by special laws. 1. Leaving without returning - 1/5 addi on to the remaining sentence which should not
• O ender must be found guilty of subsequent o ense before he can be prosecuted be more than six months, that is, 1/5 of the balance of the sentence to be served or
under Art. 159. six months whichever is lesser
2. Not leaving - no deduc on, penalty as is
Ques ons Ar cle 157- Ar cle 159: 3. Leaving and therea er returning within 48 hours - 1/5 deduc on from his sentence as
provided under Ar cle 98:
What is the crime if the escapee is a deten on prisoner or serving nal judgment?
Where the prisoner is serving sentence by nal judgment, he is liable for evasion of service of Art. 98. Special me allowance for loyalty. — A deduc on of 1/5 of the period of his sentence
sentence. If he is a deten on prisoner, there is no sentence to evade, Ar cle 157 is not shall be granted to any prisoner who, having evaded the service of his sentence under the
applicable, for it speci es "convict." The o ense of the deten on prisoner should fall under circumstances men oned in Ar cle 158xxx.
Ar cle 156 which refers to "any person con ned therein" if there was conspiracy between the
deten on prisoner and the one who helped in his escape. The deten on prisoner in that case The deduc on for loyalty under Ar cle 98 should be based on the original sentence as the
is either a principal by inducement or by direct par cipa on. In the la er case, he is a principal ar cle did not qualify the word "sentence" unlike in Ar cle 158 which expressly stated that
by direct par cipa on if there was no prior agreement for his escape but he acquiesced at the the sentence to be added shall be based on the period "s ll remaining to be served." W hen
me of escape which is implied conspiracy. the law does not qualify, neither should the court do. Moreover, Ar cle 158 speci ed that
the addi onal sentence should not exceed six months showing the intent of Congress to
What is the condi on precedent for en tlement to the loyalty me allowance provided in limit the penalty to the accused, whereas in Ar cle 98, there is no such quali ca on. Finally,
Ar cle 98 in rela on to Ar cle 158? is all doubts must be construed in favor of the accused. Since it is more favorable to him that
To be en tled to the me allowance, the prisoner must evade his sentence by leaving the the lowering is on the basis of the original sentence, then that construc on should be
ins tu on. If he does not leave, he cannot belong to the class of convicts who, having evaded followed.
the service of their sentence by leaving the penal ins tu on give up within 48 hours. There is
no assurance that had they le the penal ins tu on, they would have returned voluntarily to Why is viola on of condi onal pardon an evasion of sentence?
take up the priva ons of prison life impelled by that sense of loyalty to the Government which It is evasion because when the prisoner accepted the condi on, no ma er how onerous, he
ought to be must respect the condi on. It is a contract between him and the President. Otherwise, he is
rewarded with a special allowance. deemed to have accepted the condi onal pardon only to be relieved of the penalty. Further,
condi onal pardon is extended on the basis of good conduct in prison and the presump on
What calami es are covered in Ar cle 158? that the pardonee shall not commit an o ense any more. If he violates the condi on of his
Ar cle 158 covers disorders resul ng from con agra on, earthquake, explosion, or similar pardon, it shows that he is not a er all a reformed convict.
catastrophe (such as lahar ow, volcanic erup on, landslide), and mu ny. Only circum- stances
of a nature similar to those previously enumerated shall be covered by the general term of Is viola on of condi onal pardon a substan ve o ense?
"similar catastrophe." (ejusdem generis) Viola on of condi onal pardon is not a substan ve o ense if the penalty remi ed is more
than six years since the pardonee is merely made to serve the balance of the penalty for the
What is mu ny? Does it include riot? crime for which he was pardoned. But if the penalty remi ed is six years or less, it is a
Mu ny is an organized unlawful resistance to a superior; a sedi on; a revolt. (Moreno, substan ve o ense for there is a new penalty for the viola on.
Philippine Law Dic onary) Riot is not included or analogous to mu ny and Ar cle 158 does not
provide for analogous situa on for mu ny. Mu ny is the revolt of subordinates against their Summarize the interconnec on among Ar cles 156, 157 and 158 vis-a-vis 223, 224 and 225.
superiors. Since prisoners are not subordinates of prison authori es, riot is not among the Delivery of prisoner from jail is commi ed by:
causes for evasion which will en tle the loyal prisoner who returns a er its cessa on, to the

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 1. Deten on prisoner if he par cipated in the plan to make him escape or at least as the original felony. The rst crime may or may not be a felony .The liability is besides that for
acquiesced thereto; habitual delinquency. Its e ect is to impose on the o ender the maximum period of the
2. A convict whose convic on is not yet nal or on appeal under the same condi on; and penalty prescribed by law for the new felony plus the penalty for habitual delinquency if
3. A person rescuing prisoner from jail. He can be a civilian or a public o cer who is not applicable.
the prisoner's custodian. Evasion of service of sentence is by:
• A prisoner in con nement by nal judgment; Is quasi-recidivism a felony?
• A pardonee viola ng the condi ons of his pardon; and No. It is a special aggrava ng circumstance against an o ender who has been convicted by
• A convict sentenced to des erro who entered the prohibited area. nal judgment and commits a felony therea er, since it has no penalty of its own and its e ect
is to increase the penalty for the new felony to the
In delity in the custody of prisoner: maximum period.
1. A public o cer who consented or connived in the escape of convict or deten on
prisoner (Ar cle 223) and is the custodian of the prisoner. TITLE FOUR: Crimes against Public interest
2. A public o cer-custodian of the prisoner whose negligence caused the evasion.
(Ar cle 224) Chapter One: Forgeries
3. A private person to whom the custody of the prisoner was con ded who consented, Sec on 1- Forging the Seal of the Government of the Philippine Islands, the signature or stamp
connived, or was negligent, causing the evasion. (Ar cle 225) of the Chief Execu ve

Thus, when a prisoner by nal judgment is rescued from Ar cle 161. Counterfei ng seal of government, signature and stamp of president
jail by his allies in connivance with a jail guard, the rescuing Acts punished:
civilians are liable for delivery, the jail guard for in delity and 1. Forging the Great Seal of the Government of the Philippines.
the prisoner for evasion. 2. Forging the signature of the President
3. forging the stamp of the President
Ar cle 160. Commission of another crime during service of penalty imposed for another • If the signature of the president is forged, it is not falsi ca on of public document
previous o ense.
ELEMENTS OF QUASI-RECIDIVISM: Ar cle 162. Use of forged signature, counterfeit seal or stamp
1. That the o ender was already convicted by nal judgement ELEMENTS:
2. That he commi ed a new felony before beginning to serve such sentence or while serving 1. that the seal of the Republic was counterfeited, or signature or stamp forged by
the same another person.
2. that the o ender knew of the counterfei ng or forgery
WHO CAN BE PARDONED: 3. that he used the counterfeit seal or forged signature or stamp
1. At the age of 70, if he shall have already served out his original sentence (and not a habitual • The o ender must not be the forger otherwise the crime commi ed is forgery
criminal) or under Art. 161.
2. When he shall have completed it a er reaching the said age, unless by reason of his conduct
or other circumstances he shall not be worthy of such clemency. Sec on Two - Counterfei ng Coins
Ar cle 163. Making and impor ng and u ering false coins
NOTE: ELEMENTS:
• In reiteracion, the o ender against whom it is considered shall already have 1. that there be false or counterfeited coins
served out his sentence for the prior o enses. 2. that the o ender either made, imported or u ered such coins
• Quasi-recidivism is a special aggrava ng circumstance which cannot be o set by 3. that in case of u ering such false or counterfeited coins, he connived with the
ordinary mi ga ng circumstances. counterfeiters or importers
• First crime for which the o ender is serving sentence need not be a felony; but
the second crime must be a felony. “COUNTERFEITING” - means the imita on of a legal or genuine coin.

What is quasi-recidivism? “UTTERING” - to pass counterfeited coins

It is the commission by the convict of another felony before beginning to serve sentence or
while serving the same. The crime must be a felony although not necessary that it be the same

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 KINDS OF COINS THE COUNTERFEITING OF WHICH IS PUNISHED: 1. That the treasury or bank note or cer cate or other obliga on and cer cate
a. Silver coins of the Philippines or coin of the Central Bank payable to bearer or any instrument payable to order or other document of credit not
b. Coin of the minor coinage of the Philippines or the Central Bank c) Coin of the currency of a payable to bearer is forged or falsi ed by another
foreign country 2. The o ender knows that any of these instrument is forged or falsi ed
• Former coins withdrawn from circula on maybe counterfeited 3. That he performs any of these acts:
a) Using any of such forged or falsi ed instruments
Ar cle 164. Mu la on of coins importa on and u erances of mu lated coins b) Possession with intent to use, any of the forged or falsi ed documents
Acts Punished:
1. Mu la ng coins of the legal currency, with the further requirement that there be Ar cle 169. How forgery is commi ed
intent to damage or to defraud another How Commi ed:
2. Impor ng or u ering such mu lated coins, with the further requirement that there 1. By giving to treasury or bank note or any instrument payable to bearer or to order the
must be connivance with the mu lator or importer in case of u ering appearance of a true and genuine document
2. By erasing, subs tu ng, or altering by any means the gures, le ers, words or
“MUTILATION”- to take o part of the metal either by ling it or subs tu ng it for another signatures contained therein
metal of inferior quality. • Includes falsi ca on and counterfei ng
• The coin must be of legal tender in mu la on
Sec. 4- Falsi ca on of legisla ve, public, commercial and private documents and wireless,
Ar cle 165. Selling of false or mu lated coin, without connivance telegraph and telephone messages
Acts Punished:
1. Possession of coin, counterfeited or mu lated by another with intent to u er the When is counterfei ng not forgery?
same knowing that it is false or mu lated The subject of forgery should be treasury or bank notes. If the subject of forgery were a
2. Actually u ering false or mu lated coin, knowing it to be false or mu lated document other than these, the crime would be falsi ca on.
• Does not require that false coin is legal tender
Ar cle 170. Falsi ca on of legisla ve, public, commercial and private documents and
Sec on Three - Forging treasury or bank notes, obliga ons and securi es; impor ng and wireless, telegraph and telephone message.
u ering false or forged notes, obliga ons and securi es ELEMENTS:
1. That there be a bill, resolu on or ordinance enacted or approved by either House of
Ar cle 166. Forging treasury or bank notes or other documents and u ering the same the Legisla ve or any provincial board or municipal council
Acts Penalized: 2. The o ender alters the same
1. Forging or falsi ca on of treasury or bank notes or other documents payable to 3. That altera on changed the meaning of the document
bearer
2. Importa on of the same Ar cle 171. Falsi ca on by public o cer, employee or notary or ecclesias cal minister
3. U ering the same with connivance with forgers or importers ELEMENTS:
• U ering forged bills must be with connivance 1. That the o ender is a public o cer, employee or notary public.
2. That he takes advantage of his o cial posi on
Ar cle 167. Counterfei ng, impor ng and u ering instrument not payable to bearer When:
ELEMENTS: a) He has the duty to make or prepare or otherwise to intervene in the prepara on of the
1. That there be an instrument payable to order or other document of credit not payable document
to bearer b) He has the o cial custody of the document which he falsi es
2. That the o ender either forged , imported or u ered such instrument • If he did not take advantage of his o cial posi on, he would be guilty of
3. That in case of u ering he connived with the importer or forger falsi ca on of public document by a private individual.
3. The o ender falsi es a document,
Ar cle 168. Illegal possession and us elf false treasury or bank notes and other instruments
of credit DOCUMENT- any wri en statement by which a right is established or an obliga on
ELEMENTS: ex nguished or by which a fact may be proven or a rmed

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 DIFFERENT MODES OF FALSIFYING A DOCUMENT: vii. ISSUING IN AN AUTHENTICATED FORM A DOCUMENT PURPORTING TO BE A COPY OF AN
i. COUNTERFEITING OR IMITATING ANY HANDWRITING ,SIGNATURE OR RUBRIC ORIGINAL DOCUMENT WHEN NO SUCH ORIGINAL EXIST OR INCLUDING IN SUCH A COPY A
Requisites: STATEMENT CONTRARY TO OR DIFFERENT FROM THAT OF THE GENUINE ORIGINAL
a) That there be an intent to imitate or an a empt to imitate • CANNOT be commi ed by a private individual or by a notary or public o cer who
b) The two signature or handwri ng, the genuine and the forged bear some resemblance to DOES NOT take advantage of his o cial posi on.
each other • Intent to gain or prejudice is not necessary

ii. CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN AN ACT OR PROCEEDING Ar cle 172. Falsi ca on by private individuals and use of falsi ed documents
Requisites: Acts Punished:
a) that the o ender caused it to appear in a document that a person or persons par cipated in 1. Falsi ca on of public, o cial or commercial document by a private individual
an act or proceeding ELEMENTS:
b) that such persons did not in fact so par cipate in the ac on proceeding a) The o ender is a private individual or a public o cer or employee who did not take
advantage of his o cial posi on
iii. ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN ANY ACT OR PROCEEDING b) That he commi ed any of the acts of falsi ca on enumerated in Art.171
STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM c) That the falsi ca on was commi ed in a public or o cial or commercial document
Requisites:
a) that persons par cipated in an act or proceeding 2. Falsi ca on of private document by any person
b) that such person or persons made statements in that act or proceeding ELEMENTS:
c) that the o ender in making a document, a ributed to such person, statements other than a) That the o ender commi ed any of the acts of falsi ca on except those in par. 7,
those in fact made by such person. enumerated in Art.171.
b) That the falsi ca on was commi ed in a private document.
iv. MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS c) That the falsi ca on caused damage to a third party or at least the falsi ca on was
Requisites: commi ed with the intent to cause damage
a) That the o ender makes in a document statements in a narra on of facts
b) That he has the legal obliga on to disclose the truth of the facts narrated by him 3. Use of falsi ed documents
c) That the facts narrated by the o ender are absolutely false ELEMENTS:
d) That the perversion of truth in the narra on of facts was made with the wrongful intent of Introducing in a judicial proceeding-
injuring a third person 1. that the o ender knew that the document was falsi ed by another person
2. that he false document was embraced in Art. 171 or in any subdivisions No.1 or 2 of
v. ALTERING TRUE DATES art. 172 3. that he introduced said document in evidence in any judicial proceeding
• Date must be essen al.
• The altera on of the date or dates in a document must a ect either the veracity Use in any other transac on-
of the document or the e ects thereof. 1. That the o ender knew that the document was falsi ed by another person
• Altera on of dates in o cial receipts to prevent discovery of malversa on is 2. that the false document was embraced in Art. 171 or in any of subdivision No. 1 or 2
falsi ca on of Art. 172
3. that he used such document (not in judicial proceeding)
vi. MAKING ALTERATION OR INTERCALATION IN GENUINE DOCUMENT WHICH CHANGE ITS 4. that the use of the false document caused damage to another or at least it was used
MEANING with intent to cause damage
Requisites:
a) That there be an altera on or intercala on (inser on) on a document FALSIFICATION AS A MEANS TO COMMIT ESTAFA
b) That it was made on a genuine document Falsi ca on of public/o cial or commercial document- When commi ed as a necessary
c) That the altera on and intercala on has changed the meaning of the document means to commit estafa, complex crime is commi ed.
d) That the change made the document speak something false Falsi ca on of private document- Even when commi ed as a necessary means to commit
estafa, the crime is either estafa or falsi ca on only, because in this type of falsi ca on, an act
independent of falsi ca on is required to show intent to defraud

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 FALSIFICATION BY PRIVATE INDIVIDUAL VS. FALSIFICATION OF PUBLIC OFFICER a. Private — a deed between private individuals by which something is proved, evidenced or
Art. 172- The prejudice to a third party is taken into account so that if damage is not apparent, set forth and for which a notary public or authorized person has not intervened. A private
or at least if with no intent to cause it, the falsi ca on is not punishable document becomes public it had been notarized or made part of the public record.
Art. 171- Prejudice to third person is immaterial; what is punished is the viola on of public b. Public — a private document that has been notarized; one that has become part of the
faith and the perversion of truth. public record.
c. O cial — its issuance is mandated by law and in the performance of o cial duty.
What is penalized in falsi ca on of public document? d. Commercial — one that isprepared in accordance with mercan le laws
The law punish the viola on of the faith or trust of the public and the destruc on of the truth
as solemnly proclaimed in the document. The revoca on of a falsi ed document is A public document starts as a private document, whereas an o cial document is from the
immaterial to the guilt of the one charged with falsi ca on. (Hernando v. CA, May 1993) start an o cial document.
Consequently, damage or intent to cause damage is immaterial.
Cite examples of public documents.
The document falsi ed need not be an authen c o cial paper since its simula on, in fact, is A driver's license is a public document within the purview of Ar cles 171 and 172. The blank
the essence of falsi ca on. (Nizurtado v. Sandiganbayan) form of the driver's license becomes a public document the moment it is accomplished. Thus,
when driver's license No. 2706887 was lled up with pe oner's personal data and the
What are the elements of falsi ca on under Ar cle 171? signature of the LTO registrar was a xed therein, even if the same was simulated, the license
a. The o ender is a public o cer, a notary public or an ecclesias cal minister; became a public document. That being so, proof of the element of damage caused to another
b. He takes advantage of his o cial posi on; and person or intent to cause such damage is immaterial. In falsi ca on of public or o cial
c. He falsi es a document by any of the eight ways enumerated therein. documents, the principal thing being punished is the viola on of the public faith and the
destruc on of the truth proclaimed therein. (Dava v. People)
Who is a public o cer? How does he take advantage of his o cial posi on?
Ar cle 203 de nes a public o cer as any public servant from the highest to the lowest who is The Daily Time Record that a public o cer lls up is a public document but it has
performing service to the government or any of its branches or instrumentality by virtue of characteris cs dis nct from other public documents. The purpose of keeping DTR is to show
law, by elec on or by appointment by a competent authority. He performs public du es as a the a endance of government employees in o ce and to be paid accordingly under the policy
subordinate o cial, employee or agent whatever may be his rank or class. of no-work, no-pay. It is primarily intended to prevent damage or loss to the government that
would result when it pays an employee who did not report for work. The integrity o he DTR as
The public o cer takes advantage of his o cial posi on an o cial document is intact if the damage sought to be prevented has not been produced as
by falsifying a document over which he has custody or by when the employee did not collect salary for the days he did not work. The DTR is an o cial
either making or preparing or otherwise intervening in the document but it is not criminally falsi ed if it does not pervert the avowed purpose. It is
prepara on of a document. Abuse of public o ce is considered di erent in case of other public documents a ec ng con nuing public interest which is
present when the o ender falsi es a document in connec on naturally damaged if the document were
with the du es of his o ce. (Enemecio vs. Omb) falsi ed. (Layug v. Sandiganbayan, August 2000)

What is a document? Leave forms are public documents. What is in dispute is whether or not there is the legal
A document is any wri ng capable of crea ng rights or ex nguishing obliga ons. It is one that requirement to disclose the reasons for the employee's leave failure of which amounts to a
can prove, evidence or set forth some disposi on or agreement. A document is one admissible crime of falsi ca on. There is none. The form itself does not require sta ng the reasons for
in court as evidence. The wri ng must be complete, otherwise, there is no falsi ca on because going on leave. An employee simply indicates through check marks the nature of the leave he
this crime can be commi ed only with respect to documents and an incomplete or un lled-up is availing of, which in this case, respondent chose to avail of his forced and vaca on leave
form is not a document. (Dava v. People, September 1991) The crime in this case may only be credits. Nevertheless, the omission does not a ect the validity of its approval. W hat is
possession of supplies and materials which may be used in falsi ca on under Ar cle 176. indicated in the leave forms is only the need to specify the whereabouts of the employee who
goes on leave. It is not required that speci cs must be provided. The omission to state the
How is a document falsi ed? loca on of a vaca oning employee is not a condi on sine qua non for its approval.
A document is falsi ed by fabrica ng a previously inexistent document or by changing the
contents of an exis ng one through any of the eight ways listed in Ar cle 171 There is no falsi ca on of leave forms where there is no requirement for the indica on of
reasons for going on leave. Regardless of such a requirement, the need to indicate the
What are the four kinds of documents?

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 whereabouts of a vaca oning employee is not a necessity for its approval. (Enemecio v. Omb., Compare falsi ca on and perjury.
G.R. No. 146731, January 13, 2004) The two important lines of demarca on between falsi ca on by making untruthful
statements, falsi ca on by imita ng a signature, and perjury are:
In falsi ca on under Ar cle 171(2), should the document be an authen c o cial paper? 1. Whether or not the document is required by law to be under oath; and
No. Paragraph 2 states: "Causing it to appear that persons have par cipated in any act or 2. Whether or not the statements on a material ma er are false.
proceeding when they did not in fact so par cipate." The document need not be an authen c
o cial paper since its simula on, in fact, is the essence of falsi ca on. So, also, the signatures When the answer to both queries is in the a rma ve, the crime is perjury. When either one is
appearing thereon need not necessarily be forged. in the nega ve, it is falsi ca on. The document must be required by law to be sworn to and
was in fact sworn to ("in cases in which the law so requires" Ar cle 183). If the statements are
Is good faith a defense in falsi ca on? true, although the signature is false, even if under oath, the crime is falsi ca on, not perjury
Yes. There is no falsi ca on of a public document if the acts of the accused are consistent with
good faith. Misstatements or erroneous asser on in a public document will not give rise to Otherwise stated, in falsi ca on, the documents may or may not be under oath whereas in
falsi ca on as long as he acted in good faith and no one was perjury, the document must be under oath and required by law to be under oath. In
prejudiced by the altera on or error. falsi ca on, the contents of the document may be true but it is the signature that is false. In
perjury, the contents of the document in its material aspect must be deliberately false.
The integrity of the D T R as an o cial document is intact if the damage sought to be
prevented has not been produced as when the employee did not collect salary for the days he Is the fact that the entries in the public document were all true not exculpatory since there was
did not work. The accused, in good faith, reported to work and lled up his DTR but he was not no damage to the government?
given work as he had been detailed to another o ce which he was contes ng. (Layug v. No. In falsi ca on of a public document, it is immaterial whether or not the contents set forth
Sandiganbayan therein were false. What is important is that the signature of another was counterfeited. In
falsi ca on of a public or o cial document, the principal thing punished is the viola on of the
What is the presump on in favor of a public document? public faith and the destruc on of the truth as therein solemnly proclaimed. Intent to gain or
It is prima facie evidence of the facts stated therein The same can only be rebu ed by other injure is immaterial. Even more so, the gain or damage is not necessary.
competent evidence and cannot be overcome by the tes mony of a single witness.
Complainant never o ered any evidence to contravene the presump on that the recitals in the What are the acts punished under Ar cle 172?
municipal payroll giving his status as a head laborer were true. The Time and Payroll Sheet, a. Falsi ca on of public, o cial or commercial documents by a private person,
having been signed by the Municipal Treasurer, is clothed with the presump on of regularity, b. Falsi ca on of private document by any person, and
par cularly since it was not objected to by the complainant. Complainant signed the payroll c. Use of falsi ed document in
sheet indica ng his status as a head laborer. Therefore, this representa on is conclusive upon (1) a judicial proceeding or
him and he cannot deny or disprove the same without viola ng the principle of estoppel. (2) in any other proceedings.
(Cosep v. People, G.R. No. 110353, May 21, 1998)
Can falsi ca on be commi ed through culpa?
What are the elements of falsi ca on by making untruthful statements in a narra on of facts? There is no falsi ca on of private document by culpa because of the element of intent to
a. The o ender makes in a document untruthful statements in a narra on of facts; cause damage. But, there is falsi ca on of public, o cial and commercial document by
b. He has a legal obliga on to disclose the truth of the facts narrated by him; and culpa since intent to cause damage is not an element. (Samson v. CA, 103 Phil. 277; People v.
c. The facts narrated by the o ender are absolutely false. (Layno v. People, September 1992) Reyes, January 20, 1978)

Enemecio added the requirement that the perversion of truth in the narra on of facts was What are the elements of use of falsi ed documents?
made with the wrongful intent to injure a third person. The elements of using a falsi ed document in any transac on (other than as evidence in a
judicial proceeding) under the last paragraph of Ar cle 172 are:
What is meant by "legal obliga on to disclose the truth?" (a) O ender knew that a document was falsi ed by another person
"Legal obliga on" means that there is a law requiring the disclosure of the truth of the facts (b) The false document is embraced in Ar cle 171 or in any of subdivision Nos. 1 and 2 of
narrated. BB may not be convicted of falsi ca on of public document by making false Ar cle 172;
statements in a narra on of facts absent any legal obliga on to disclose where he would spend (c) He used such document (not in judicial proceedings); and
his vaca on and forced leave. There is no law imposing upon BB the legal obliga on to disclose (d) The use of the false document caused damage to another or at least it was used with
where he was going to spend his leave of absence,

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 intent to cause such damage. only in use of falsi ed document in any transac on other than judicial proceedings. When
intent to cause damage is absent, there may only be civil or administra ve liability.
Dis nguish Ar cle 171 from Ar cle 172.
a. In 171, the o ender is a public o cer, notary public or ecclesias cal minister; in 172, the In what instance will falsi ca on not give rise to criminal liability?
o ender can be a private individual. Where the intent to pervert the truth is absent. Inten onal falsi ca on requires criminal intent
b. In the former, the document falsi ed is any document; in the la er, the document falsi ed is to falsify. Lack ofcriminal intent is shown by the following circumstances:
classi ed into public, o cial, and commercial on the one hand, and private, on the other. a. Accused did not bene t out of the falsi ca on, and
c. In 171, damage is not an element but the erosion of public faith in the documents; in 172, b. No damage has been caused either to the government or third person.
damage is an element in the case of falsi ca on of private document and in the use of
falsi ed document not in judicial proceedings. Although generally not an element of falsi ca on, damage is material in determining whether
there is intent to commit the crime of falsi ca on.
A public o cial who is not included in Ar cle 171 may be punished under Ar cle 172 because
he may not have taken advantage of his o cial posi on in so doing. Moreover, a public o cial Falsi ca on is also a felony. As such it requires criminal intent — to pervert the truth. Where:
is considered such only when he is ac ng within the scope of his authority. When he falsi es a (1) the accused did not pro t, and
document, he is ac ng beyond his authority and in his private capacity. (2) no damage was caused to any private property or the government — the intent to pervert
the truth is absent. There may be civil or administra ve liability but not crimi- nal liability.
Ar cle 171 rela ve to falsi ca on by public o cer or notary public presupposes that the Where the mind is not criminal, the act cannot be criminal. Actus non facitreum, nisi mens sit
o cer or notary public is the custodian of the document. If he will issue authen cated copy, rea. (Llamoso v. Sandiganbayan, August 1985
he is liable under Ar cle 171, not under Ar cle 172. These two ar cles are similar except that
in Ar cle 172, the o ender may be a public o cer, notary public, or a private person. What is the e ect when the document is private? public?
If private document was falsi ed to commit estafa, even if it were the means to commit the
What is the presump on on the possession and use of falsi ed documents? estafa, there is no complex crime of estafa with falsi ca on because deceit is the common
The possessor and user of a falsi ed document are presumed to be the falsi er thereof. No element of both. One and the same deceit or damage cannot give rise to more than one crime.
falsi er falsi es in the open. It could easily be consummated only by the falsi er alone or in It is either estafa or falsi ca on.
the con dence of persons in connivance with him. In the absence of a credible and sa sfactory
explana on on how the document came into being and then led with the SEC the accused is If public, o cial or commercial document was falsi ed to commit estafa, a complex crime is
presumed to be the falsi er of the signature of PP, and the one who prepared doub ul commi ed, because damage is not an element of falsi ca on of these documents. (See notes
informa on on the nancial status of the proposed corpora on. under Ar cle 48.)

The ling of the statement of assets and liabili es remained unexplained. This fact, together If the crime was use of falsi ed document, the nature of the document is not controlling. In
with other proofs presented by the prosecu on, is strong evidence tending to show that the this crime, the purpose for knowingly using falsi ed document is essen al. But if the
accused either himself falsi ed the statements or caused it to be falsi ed by someone else. document is presented in court, even if rejected, the mere o er thereof is criminal.
(Caubang v. People, June 1992)
In falsi ca on of private documents, what will determine whether the crime commi ed is
What crime should the user of falsi ed document be charged with? estafa or falsi ca on?
He should be charged with falsi ca on of documents because of the presump on that a The view has been advanced that the criteria to determine whether the crime is estafa only or
person using of a falsi ed document is deemed to be the falsi er. This is especially true if the falsi ca on only is that: if the falsi ca on of the private document was essen al in the
user had bene ted from the use thereof and the me between the falsi ca on and the use is commission of estafa because without the falsi ca on, estafa cannot be commi ed, the crime
so close. When he is acqui ed therefrom he can be prosecuted for use of falsi ed document. is falsi ca on; estafa becomes the consequence of the crime. If the estafa can be commi ed
These are two di erent felonies so that there is no double jeopardy. The fact that he is even without resor ng to falsi ca on which was done only to facilitate estafa, the main crime
acqui ed from falsi ca on only shows that he was not the one who falsi ed the same but he is estafa; falsi ca on is merely incidental, since even without falsi ca on, estafa can be
is s ll liable for use of falsi ed document. commi ed.

If the false document was used in any judicial proceeding, criminal liability is incurred even What is the value of the opinions of handwri ng experts in forgery cases?
without damage or intent to cause damage. Damage or intent to cause damage is necessary The opinions of handwri ng experts, even those from the NBI and the Police Commission, are
not binding upon courts. This principle holds true especially when the ques on

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 involved is mere handwri ng similarity or dissimilarity, which can be determined by a visual 2. Possession with intent to use the instruments or implements for counterfei ng or
comparison of specimens of the ques oned signatures with those of the currently exis ng falsi ca on made in or introduced into the Philippines by another person
ones. (Punzalan v. COMELEC, 289 SCRA 702)
Chapter Two: Other Falsi es (Arts. 177-184)
Handwri ng experts are usually helpful in the examina on of forged documents because of
the technical procedure involved in analyzing them. But resort to these experts is not Sec on One – Usurpa on of authority, rank, tle, and improper use of names, uniforms and
mandatory or indispensable to the examina on or the or the comparison of handwri ng. insignia
(Heirs of Gregorio vs. CA, 300 scar 565) A nding of forgery does not depend en rely on the
tes monies of handwri ng experts, because the judge must conduct an independent Ar cle 177. Usurpa on of authority or o cial func ons
examina on of the ques oned signature to arrive at a reasonable conclusion as to its HOW COMMITTED:
authen city. 1. By misrepresen ng oneself to be an o cer, agent or representa ve of the government,
whether local, na onal or foreign
Forgery cannot be presumed. It must be proved by clear, posi ve and convincing evidence. The 2. By performing any act pertaining to a person in authority or public o cer of the
burden of proof lies in the party alleging forgery. (Joven v. Carungin, June 10, 2002) government under the pretense of o cial posi on and without authority
• May be violated by a public o cer.
Ar cle 173. Falsi ca on of wireless, cable, telegraph and telephone messages and use of
said falsi ed messages What are the forms of usurpa on under Ar cle 177?
Acts Punished: 1. Usurpa on of public authority where mere false representa on su cient such as
1. U ering c ous wireless, telegraph, or telephone messages misrepresen ng oneself as a BIR examiner.
2. Falsifying wireless, telegraph or telephone messages 2. Usurpa on of func on by performing func ons of a public o cer under false pretense of
3. Using such falsi ed messages public authority, such as one pretending to be a judge and solemnizing a marriage.
Without the false pretense, there is no crime of usurpa on of authority but mere civic
Sec on Five – Falsi ca on of medical cer cates, cer cates of merit or service and the like spiritas when a civilian directed tra c to unwind tra c mess.

Ar cle 174. False medical cer cates, false cer cate of merit or service What is the essence of usurpa on of public authority under R.A. 10?
PERSONS LIABLE: R.A. 10 penalizes any person who shall perform any act pertaining to the government, or to
1. physician or surgeon who, in connec on with he prac ce of profession issued a false any person in authority or public o cer, without being lawfully en tled to do so. Compared
cer cate with Ar cle 177, R.A. 10 does not require false pretense as an element.
2. public o cer who issued a false cer cate of merit or service, good conduct or similar
circumstances Ar cle 178. Using of c ous name and concealing true name
3. private individual who falsi ed a cer cate falling in the classes men oned in Nos. 1 and 2 ELEMENTS: (using c ous name)
1. That the o ender uses a name other than his real name
Ar cle 175. Using false cer cates 2. That he uses that c ous name publicly
ELEMENTS: 3. That the purpose of the o ender is-
1. that a false cer cate men oned in the preceding ar cle was issued a. To conceal a crime
2. that the o ender knew that the cer cate was false b. To evade the execu on of a judgment
3. that he used the same c. To cause damage to public interest

Sec on Six – Manufacturing, impor ng and possession of instruments or implements intended ELEMENTS: (Concealing true name)
for the commission of falsi ca on 1. That the o ender conceals-
a. his true name
Ar cle 176. Manufacturing and possession of instruments and implements for falsi ca on b. all other personal circumstances
Acts Punished: 2. That the purpose is only to conceal his iden ty
1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments
or implements for counterfei ng COMMONWEALTH ACT NO. 142 REGULATING THE USE OF ALIASES

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 Sec on 1. Except as a pseudonym solely for literary, cinema, television, radio or other safe and the discre on of the court limited. One's mind cannot rest easy on the proposi on
entertainment purposes and in athle c events where the use of pseudonym is a normally that the pe oner should be convicted on a law that does not clearly penalize the act done by
accepted prac ce, no person shall use any name other than his original or real name unless him. There exists a valid presump on that undesirable consequences were never intended by
the same is or are duly recorded in the proper local civil registry, or such subs tute name as a legisla ve measure and that a construc on for which will avoid all objec onable,
may have been authorized by a competent court; Provided, That persons, whose birth have mischievous, indefensible, wrongful, evil and injurious consequences.
not been registered in any local civil registry and who have not been bap zed, have one year
from the approval of this Act within which to register their names in the civil registry of their Will the use of another name in a single instance cons tute use of an alias?
resident. The name shall comprise the patronymic name and one or two surnames. (As No. An alias is a name used by a person or intended to be used by him publicly and habitually,
amended by R.A. No. 6085.) usually in business transac ons in addi on to his real name by which he is
registered at birth or bap zed the rst me or subs tute name authorized by a competent
Sec. 2. Any person desiring to use an alias shall apply for authority therefor in proceedings like authority. A man's name is simply the sound or sounds by which he is commonly designated by
those legally provided to obtain judicial authority for a change of name, and no person shall be others and by which they dis nguish him but some mes a man
allowed to secure judicial authority for more than one alias. The pe on for an alias shall set is known by several di erent names known as aliases. Hence, the use of a c ous name or a
forth the person's bap smal and family name and the name recorded in the civil registry, if di erent name belonging to a single person in a single instance without any sign or indica on
di erent, his immigrant's name, if an alien, and his pseudonym, if he has such names other that the user intends to be known by this name in addi on to his real name from that day
than his original or real name specifying the reason or reasons for the use of the desired alias. forth does not fall within the prohibi on contained in CA. 142
The judicial authority for the use of alias, the Chris an name and the alien immigrant's name
shall be recorded in the proper local civil registry, and no person shall use any name or names OP is not an alias name of pe oner. There is no showing that he had used or intends to use
other than his original or real name unless the same is or are duly registered in the proper that name as his second name or in addi on to his real name. The use of the name OP was an
local civil registry. isolated transac on where he is not even required to expose his real iden ty. For even if he
had iden ed himself properly at the O ce of the Ombudsman, he would s ll be able to get a
Sec. 3. No person having been bap zed with a name di erent from that with which he was copy of the complaint as a ma er of right, and the O ce of the Ombudsman could not refuse
registered at birth in the o ce of the local civil registry, or with which he was bap zed for the him because the complaint was part of the public record, hence, open to inspec on and
rst me, or in case of an alien, with which he was registered in the Bureau of Immigra on examina on by anyone under the proper circumstances.
upon entry or any person who obtained judicial authority to use an alias or who uses a
pseudonym, shall represent himself in any public or private transac on or shall sign or execute When can a resident Filipino ci zen use an alias legally?
any public or private document without sta ng or a xing his real or original name and all a. As a pseudonym solely for literary, cinema, television, radio or other entertainment
names or aliases or pseudonym he is or may have been authorized to use. purposes and in athle c events where the use of pseudonym is a normally accepted prac ce;
b. Any name other than an original or real name duly recorded in the proper local civil registry;
Sec. 5. Any viola on of this Act shall be punished with imprisonment of from 1 to 5 years and a and
ne of P5,000 to PIO.OOO (id.) c. Such subs tute name as may have been authorized by a competent court.

Ursua v. CA, G.R. No. 116607, April 10,1996 Ar cle 179. Illegal use of uniform or insignia
ELEMENTS:
What is the ra onale for CA. 142? 1. That the o ender make use of insignia, uniform or dress
CA. 142 as amended was enacted primarily to curb the prac ce among the Chinese of 2. That the insignia, uniform or dress pertains to an o ce not held by the o ender or to
adop ng di erent names and aliases which created tremendous confusion in the eld of a class of person of which he is not a member
trade. Such a prac ce almost bordered on the crime of using c ous names which cannot be 3. That said insignia, uniform or dress is used publicly and improperly
successfully maintained against the Chinese who claim they possessed a thousand and one
names. CA. 142 penalizes using an alias unless the use of such alias was duly authorized by Sec on Two - False Tes mony
judicial proceedings and registered in the civil register. FALSE TESTIMONY- is commi ed by any person who, being under oath, and required to tes fy
as to the truth of a certain ma er at a hearing before a competent authority, shall deny the
How should CA. 142 be construed? truth or say something contrary to it.
Being a penal statute, it should be construed strictly against the State and in favor of the
accused. The reason for this principle is the tenderness of the law for the rights of the Ar cle 180. False tes mony against a defendant
individuals and the object to establish a certain rule by conformity by which mankind would be ELEMENTS:

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 1. That there be a criminal proceeding Ar cle 183. Perjury
2. That the o ender tes es falsely under oath against the defendant therein Two ways of commi ng perjury:
3. That the defendant who gives false tes mony knows that it is false 1. By falsely tes fying under oath
4. That the defendant against whom the false tes mony is given is either acqui ed or 2. By making a false a davit
convicted in a nal judgment
• Defendant must be sentenced to at least a correc onal; penalty or a ne, or must ELEMENTS:
be acqui ed 1. That the accused made a statement under oath or executed an a davit upon a
material ma er
Ar cle 181. False tes mony favorable to the defendant 2. That the statement or a davit was made before a competent o cer authorized to
• Convic on or acqui al of defendant in principal case not necessary receive and administer oath.
3. That in that statement or a davit, the accused made a willful and deliberate asser on
Ar cle 182. False tes mony in civil cases of a falsehood
ELEMENTS: 4. That the sworn statement or a davit containing the falsity is required by law.
1. That the tes mony must be given in a civil case
2. That the tes mony must relate to the issues presented in said case What are the elements of perjury?
3. That the tes mony must be false a. The accused made statement under oath or executed an a davit upon a material ma er;
4. That the false tes mony must be given by the defendant knowing it to be false b. The statement or a davit was made before a competent o cer authorized to receive and
5. That the tes mony must be malicious and given with an intent to a ect the issue administer oath;
c. In that statement or a davit, the accused made a willful and deliberate asser on of a
What are the di erent forms of false tes mony in court? falsehood; and
These are: d. The sworn statement or a davit containing the falsity is required by law or made for a legal
1. False tes mony in criminal cases either (a) in favor or (b) against the defendant; and purpose. (Saavedra v. DOJ, September 1993)
2. False tes mony in civil cases.
Where is perjury commi ed?
The penalty to the false witness against the defendant in criminal cases is on the basis of the Perjury is commi ed in forums other than judicial for this is penalized as false tes mony under
penalty imposed on the defendant witnessed against; whereas the penalty on the favorable Ar cles 180 to 182. Perjury is commi ed, for instance, in tes monies under oath given during
tes mony is on the basis of the charge against the defendant, whether it is penalized by an administra ve proceedings, Congressional hearings, and the like and in sworn statements
a ic ve penalty or otherwise. required by law such Statement of Assets and Liabili es submi ed by public o cials and
employees.
The false tes mony in civil cases is penalized on the basis of the amount involved in the civil
case which should not exceed P5,000. This ar cle is one of the many obsolete provisions due Will the mere asser on of falsehood cons tute perjury?
to the amount involved. No. Mere asser on of falsehood is not enough to amount to perjury. The asser on must be
deliberate and willful. In a case, the asser on of SS was done in good faith, in the belief that
What is the e ect on prescrip ve period when the false tes mony is in favor of the accused? the non-payment of the last installment price was jus ed by the seller's non-compliance with
against the accused? their warran es. Thus, a nding of probable cause does not follow as a ma er of course even
Whether the tes mony is in favor or against the accused determines when the prescrip ve if the Securi es and Exchange Commission decides adversely against him, for such essen al
period begins to run, thus: element of the crime appears to be wan ng.
In favor — right a er the witness tes ed falsely, the period commences to run because the
basis of the penalty on the false witness is the felony charged to the accused regardless of A mere asser on of a false objec ve fact, a falsehood, is not enough. The asser on must be
whether the accused was acqui ed or convicted or the trial has terminated. deliberate and willful. Perjury being dolo, there must be malice on the part of the accused.
Willfully means inten onally; with evil intent and legal malice, with the consciousness that the
Against — period will not begin to run as long as the case has not been decided with nality alleged perjurious statement is false with the intent that it should be received as a statement
because the basis of the penalty on the false witness is the sentence on the accused. When of what was true in fact. It is equivalent to "knowingly." "Deliberately" implies meditated as
the accused is acqui ed, there is also a corresponding penalty on the false witness for his false dis nguished from inadvertent acts. The accused must know his statement to be false or
tes mony. consciously ignorant of its truth. (Villanueva Sec. of Jus ce, G.R. No. 162187, November 18,
2005)

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 tes mony actually in uenced the Commission, (id.)
Will the fact that the document is under oath su cient to make the a ant liable for perjury?
No. As a rule, pleadings need not be veri ed unless otherwise required by the Rules of Court, What are the two essen al elements of proof of perjury?
and no rule requires complaints for damages to be under oath. That being so, another element There are two essen al elements of proof for perjury:
of perjury is absent — that the sworn statement containing the falsity is required by law. 1. the statement made by the defendants must be proven false; and
(Saavedra v. DOJ) 2. it must be proven that the defendant did not believe those statements to be true.

What is the nature of perjury? How should it be treated? Knowledge by the accused of the falsity of his statement is an internal act. It may be proved by
Perjury is the willful and corrupt asser on of a falsehood under oath or a rma on his admissions or by circumstan al evidence. The state of mind of the accused may be
administered by authority of law on a material ma er. It is an obstruc on of jus ce; its determined by the things he says and does, from proof of a mo ve to he and of the objec ve
perpetra on may a ect the earnest concerns of the par es before a tribunal. The felony is falsity itself, and from other facts tending to show that the accused really knew the things he
consummated when the false statement is made. claimed not to know.

The seminal modern treatment of the history of perjury concludes that one considera on of Ar cle 184. O ering false tes mony in evidence
policy overshadows all others — the measures taken against the o ense must not be so severe ELEMENTS:
as to discourage aggrieved par es from lodging complaints or tes fying. (Villanueva v. Sec. of 1. That the o ender o ered in evidence a false witness or tes mony
Jus ce) 2. That he knew the witness or tes mony was false
3. That the o er was made in a judicial or o cial proceeding
Is statement of belief or convic on considered perjurious?
No. Perjury cannot be willful where the oath is according to belief or convic on as to its truth. What is suborna on of perjury?
A false statement of a belief is not perjury. Bona de belief in the truth of a statement is an Suborna on of perjury refers to the act of procuring a false witness to tes fy and thereby
adequate defense. A false statement which is obviously the result of an honest mistake is not commit perjury. It is the act of the procurer. The false witness must rst be convicted of
perjury. perjury before the suborner may be prosecuted for suborna on (Hicks vs. State; State vs.
Sailor, 40 Words and Phrases 640). He stands in the same posi on as a co-principal by
When the a ant made two contradictory statements, can he be convicted of perjury? inducement. This is why suborna on of perjury is unnecessary because it is
A convic on for perjury cannot be sustained merely upon the contradictory sworn statements punishable as a crime of perjury via conspiracy.
of the accused. The prosecu on must prove which of the two statements is false and must
show the statement to be false by other evidence than the contradic ng statement. The In Ar cle 184, the law punishes mere o ering of a false tes mony or false witness. The
ra onale of this principle is thus: convic on of the perjurer is unnecessary, unlike in suborna on. In Ar cle 184, the witness
may not have actually perjured but the o eror is s ll liable for having o ered the false witness.
…Proof that accused has given contradictory tes mony under oath at a di erent me will not
be su cient to establish the falsity of tes mony charged as perjury, for this would leave simply Chapter Three: Frauds (Arts. 185-189)
one oath of the defendant as against another, and it would not appear that the tes mony
charged was false rather than the tes mony contradictory thereof. The two statements will Ar cle 185. Machina ons in public auc ons
simply neutralize each other; there must be some corrobora on of the contradictory tes mony. Acts Punishable:
Such corrobora on, however, may be furnished by evidence aliunde tending to show perjury 1. Solici ng any gi or promise as a considera on for refraining from taking part in the
independently of the declara ons of tes mony of the accused. public auc on
2. A emp ng to cause bidders to stay away from an auc on by threats, gi s, promises
What is the meaning of the term "material ma er" in perjury? or any ar ce
The term "material ma er" is the main fact subject of the inquiry, or any circumstance which • There should be an inten on to reduce the price
tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen
the tes mony related to the subject of the inquiry, or which legi mately a ects the credence Ar cle 186. Monopolies and combina ons in restraint of trade
of any witness who tes ed. In this case, a ma er is material if it has a material e ect or Acts Punishable:
tendency to in uence the Commission in resolving the mo on of HTC one way or the other. 1. Combina on or conspiracy to prevent free compe on in market
The e ects of the statement are weighed in terms of poten ality rather than probability. The 2. Monopoly to restrain free compe on in market
prosecu on need not prove that the false

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 3. Making transac ons prejudicial to lawful commerce or to increase the market price of What are the governing principles of R.A 9184?
merchandise 1. Transparency in the procurement process and in the implementa on of procurement
• If the o ense a ects any food substance or other par cles of prime necessity, it is contracts;
su cient that ini al steps are taken. 2. Compe veness by extending equal opportunity to enable private contrac ng par es
who are eligible and quali ed to par cipate in public bidding;
Ar cle 187. Important and disposi on of falsely marked ar cles or merchandise made of 3. Streamlined procurement process that will uniformly apply to all government
Gold, Silver or other precious metals or alloys procurement. The procurement process shall be simple and made adaptable to
ELEMENTS: advances in modern technology to ensure an e ec ve and e cient method;
1. That the o ender imports, sells or disposes any of those ar cles 4. System of accountability where both the public o cials directly or indirectly involved
2. That the stamps, brands or marks of those ar cles or merchandise fail to indicate the in the procurement process as well as in the implementa on of procurement
actual neness or quality of said metal or alloy contracts and the private par es that deal with government are, when warranted,
3. That the o ender knows that the stamps, brands, or marks fail to indicate the actual inves gated and held liable for their ac ons rela ve thereto; and
neness or quality of said metal or alloy 5. Public monitoring of the procurement process and the implementa on of awarded
contracts with the end in view of guaranteeing that these contracts are awarded
NOTE: Arts. 188 and 189 have been repealed by the Intellectual Property Code. pursuant to the provisions of the public bidding law and its implemen ng rules and
regula ons (IRR), and that all these contracts are performed strictly according to
RA 455- LAW ON SMUGGLING speci ca ons
Acts Punishable:
1. That the merchandise must have been fraudulently or knowingly imported contrary to What are the aims of public bidding?
law Public bidding aims to protect public interest by giving the public the best possible advantages
2. That the defendant if he is not the importer himself, must have received, concealed, through open compe on that is legi mate, fair and honest; and, to avoid or preclude
bought, sold or in any manner facilitated the transporta on, concealment, or sale of suspicion of favori sm and anomalies in the execu on of public contracts. (Oani v. People, G.R.
the merchandise and that he must be shown to have knowledge that the merchandise No. 139984, March 31, 2005) Danville Mari me, Inc. v. COA emphasized that —
had been illegally imported.
... By its very nature and characteris c, a compe ve public bidding aims to protect the public
What is the purpose of public auc on? interest by giving the public the best possible advantages thru open compe on. Another self-
Public auc on is fraught with public interest because its purpose is to give the best price to the evident purpose of public bidding is to avoid or preclude suspicion o avori sm and anomalies
public. If a person would manipulate to lower the price a ainable, this crime is commi ed. in the execu on of public contracts. Public bidding of government contracts and public bidding
for disposi on of government assets have the same purpose and objec ves. Their only
Mere conspiracy or agreement is the essence of the crime. Where prime commodi es are di erence, if at all, is that in the public bidding for public contracts the award is generally given
involved, it is enough that ini al steps be taken that would bring about monopoly or restraint to the lowest bidder while in the disposi on of government assets the award is to the highest
of trade. bidder.

The managers or directors of the corpora on who despite knowledge of the plan do not What are the three principles of public bidding?
prevent the same are liable because from their silence can be presumed approval as they will In a public bidding, there must be compe on that is legi mate, fair and honest. Thus, the
bene t therefrom. three principles of a public bidding are:
1. the o er to the public;
What is the new law on public bidding? 2. an opportunity for compe on; and
R.A. 9184 - the Government Procurement Reform Act of 2002 was enacted to promote the 3. a basis for exact comparison of bids.
ideals of good governance in all its branches, departments, agencies, subdivisions and
instrumentali es including government-owned and controlled corpora ons and local A contract granted without the compe ve bidding required by law is void, and the party to
government units. whom it is awarded cannot bene t from it.

The law covers government infrastructure projects, goods and consul ng services regardless of What acts are penalized by R.A. 9184?
source of funds for all its agencies, branches and instrumentali es. Without prejudice to R .A . 3019, the acts prohibited by R.A. 9184 are:

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 1. Opening any sealed bid and any and all documents required to be sealed, or divulging N.B.: The acts listed in the law do not include the deliberate act of not conduc ng public
their contents prior to the appointed me for the public opening of bids and other bidding at all. The acts penalized are mostly those incurred in the course of or during the
documents; public bidding itself.
2. Delaying, without jus able cause, the screening for eligibility, opening of bids,
evalua on and post evalua on of bids, and awarding of contracts beyond the ITFP v. COMELEC, G.R. No. 159139, January 13, 2004
prescribed periods of ac on provided for in the IRR.
3. Unduly in uencing or exer ng undue pressure on any member of the Bids and Awards When is grave abuse of discre on commi ed?
Commi ee (B A C ) or any o cer or employee of the procuring en ty to take a There is grave abuse of discre on
par cular ac on which favors or tend to favor a par cular bidder; (1) when an act is done contrary to the Cons tu on, the law or jurisprudence; or
4. Spli ng of contracts which exceed procedural purchase limits and compe ve (2) when it is executed whimsically, capriciously or arbitrarily out of malice, ill will or personal
bidding; and bias.
5. Abuse by the head of agency the exercise of his power to reject any and all bids with
manifest preference to any bidder who is closely related to him which shall merit The Comelec approved the assailed Resolu on and awarded the subject Contract not only in
imprisonment of not less than 6 years and 1 day but not more than 15 years and shall clear viola on of law and jurisprudence, but also in reckless disregard of its own bidding rules
be meted to private persons colluding with the public o cer. In addi on, the la er and procedure. Comelec awarded the Contract to "Mega Paci c Consor um" an en ty that
shall su er temporary disquali ca on from o ce while the former shall be had not par cipated in the bidding. Despite this, the poll body signed the actual automa on
permanently barred from transac ng with the government. contract with "Mega Paci c eSolu ons, Inc.," a company that joined the bidding but had not
met the eligibility requirements.
Private persons and public o cers conniving with them shall su er the same penalty
for the following acts: How was the bidding process violated in the automa on contract?
• Two or more bidders agreeing and submi ng di erent bids such that the contract Comelec awarded this billion-peso undertaking with inexplicable haste, without adequately
will surely be awarded to the pre-arranged lower bidder. checking and observing mandatory nancial, technical and legal requirements. It also accepted
• One bidder submi ng more than one bid through di erent persons or en es to the pro ered computer hardware and so ware even if, at the me of the award, they had
create the appearance of compe on. undeniably failed to pass eight cri cal requirements designed to safeguard the integrity of
• Agreeing to refrain from bidding or to withdraw bids already submi ed or which elec ons, especially the following three items:
are otherwise intended to secure an advantage to anyone of them.
• Employing schemes tending to restrain the natural rivalry of the par es or They failed to achieve the accuracy ra ng criteria of 99.9995% set-up by the Comelec itself
opera ng to s e or suppress compe on. They were not able to detect previously downloaded results at various canvassing or
• Submi ng eligibility requirements containing false informa on or false consolida on levels and to prevent these from being inpu ed again. They were unable to print
documents to in uence the outcome of the eligibility screening process or the statutorily required audit trails of the count/canvass at di erent levels
concealing such informa on which shall result to declara on of ineligibility from without any loss of data. What is the e ect of such viola ons on the bidding process and the
par cipa ng in the bidding. award of the contract?
• Submi ng bidding documents containing false informa on or falsi ed documents
or concealing such informa on in the bidding documents, in order to in uence Because of the viola ons of law and grave abuse of discre on commi ed by Comelec, the
the outcome of the public bidding. Court has to void the Resolu on and the Contract. Comelec agrantly violated the
• Par cipa ng in a public bidding using the name of another or allowing another to public policy on public biddings (1) by allowing MPC/MPEI to par cipate in the bidding even
use one's name for the purpose of par cipa ng in a public bidding, and though it was not quali ed to do so; and (2) by eventually awarding the Contract to MPC/
• Withdrawing a bid a er it shall have quali ed as the Lowest Calculated Bid/ MPEI. Now, with the latest explana on given by Comelec, it is clear that the Commission
Highest Rated Bid or refusing to accept the award without just cause or for the further desecrated the law on public bidding by permi ng the winning bidder to change and
purpose of forcing the agency to award the contract to another bidder. This shall alter the subject of the Contract (the so ware), in e ect allowing a substan ve amendment
include non- submission within the prescribed me or delaying the submission of without public bidding.
requirements preparatory to the nal award of contract.
This stance is contrary to se led jurisprudence requiring the strict applica on of per nent
When the bidder is a juridical en ty, criminal liability and the accessory penal es shall be rules, regula ons and guidelines for public bidding for the purpose of placing each bidder,
imposed on its directors, o cers or employees who actually commi ed the prohibited act. actual or poten al, on the same foo ng. The essence of public bidding is an opportunity for
fair compe on, and a fair basis for the precise comparison of bids. It aims to "level the

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 playing eld." That means each bidder must bid under the same condi ons; and be subject to
the same guidelines, requirements and limita ons, so that the best o er or lowest bid may be
determined, all other things being equal.

What should be done when a substan ve amendment to a contract is made a er the bidding
process was concluded?
It is contrary to the very concept of public bidding to permit a variance between the condi ons
under which bids are invited and those under which proposals are submi ed and approved; or,
the condi ons under which the bid is won and those under which the awarded Contract will
be complied with. The substan ve amendment of the contract bidded out, without any public
bidding — a er the bidding process had been concluded — is viola ve of the public policy on
public biddings, as well as the spirit and intent of R.A. 8436. The whole point in going through
the public bidding exercise was completely lost. The very ra onale ofpublic bidding was totally
subverted by the Commission.

As a necessary consequence of such nullity and illegality, the purchase of the machines and all
appurtenances thereto including the s ll-to-be-produced so ware, as well as all the payments
made have no basis in law. The public funds expended pursuant to the void Resolu on and
Contract must be recovered from the payees and/or from the persons who made possible the
illegal disbursements, without prejudice to criminal prosecu ons against them.

Who is liable for the amount expended under the void contract?
Comelec and its o cials concerned must bear full responsibility for the failed bidding and
award, and held accountable for the electoral mess wrought by their grave abuse of discre on
in the performance of their func ons. The State is not bound by the mistakes and illegali es of
its agents and servants. The Ombudsman shall determine the criminal liability, if any, of the
public o cials (and conspiring private individuals, if any) involved in the Resolu on and
Contract. The Solicitor General shall take measures to protect the government and vindicate
public interest from the ill e ects of the illegal disbursements
made by reason of the void Resolu on and Contract.

What is the test of unfair compe on?

The test to determine unfair compe on is whether certain goods have been clothed with an
appearance which is likely to deceive the ordinary purchaser exercising ordinary care. If the
goods allegedly original branded products are so crudely made and the price so low it is
obvious that these are limita on, the ordinary purchaser cannot possibly be deceived, there is
no unfair compe on. (Louis Vui on S.A. vs. Villanueva, November 1992)

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