PEQ CRIM REV THIRD EXAM
Use of Loose Firearm in the Commission of a
Treason
Elements
1. That the offender is a Filipino citizen; or an alien
residing in the Philippines (RA 7659);
2. That there is a war in which the Philippines is
involved; and
3. That the offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid or
comfort.
Section 29.
Crime. –
The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an
aggravating circumstance:
Provided, That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty
which is lower than that prescribed in Section 28 for illegal
possession of firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for the crime
charged:
Crime Committed < use of loose firearms
= penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for the crime charged:
Provided, further, That if the crime committed with the use of
a loose firearm is penalized by the law with a maximum
penalty which is equal to that imposed under Section 28 for
illegal possession of firearms, the penalty of prision
mayor in its minimum period shall be imposed in addition
to the penalty for the crime punishable under the Revised
Penal Code or other special laws of which he/she is found
guilty.
Crime committed = use of loose firearms
= PM min + Crime committed
If the violation of this Act is in furtherance of, or incident to,
or in connection with the crime of:
1. rebellion or
2. insurrection,
3. or attempted coup d’ etat,
such violation shall be absorbed as an element of the crime
of rebellion or insurrection, or attempted coup d’ etat.
FIC -> RIC = absorbed
If the crime is committed by the person without using the
loose firearm, the violation of this Act shall be considered as
a distinct and separate offense.
W/OUT using loose firearm = D/Separate
 Rape with Illegal use of firearms

D. Kinds of Documents Proper
1. Public Documents: they consists of the following
a. Those which embody the official acts of a public
officer such as Decisions/Resolutions;
Administrative Orders; Marriage Contract; Oaths of
Office
b. Those issued by a public officer or in which he
participates, virtute officii ( by virtue of his office)
such as clearances; certificates of appearance,
designation of personnel; receipts. These are the so
called “Official Documents”.
Thus all official documents are public documents but not
all public documents are official documents
c. Those acknowledged before a Notary Public such as
deeds and conveyances
d. Private documents :
i. which already formed part of the public records
( Public by Incorporation) such as private deeds
submitted to the office of the Register of
Deeds; acknowledgment letter sent to the Local
\Civil Registrar; Protest letters to the Assessor’s
Office; libelous letters offered as exhibits in a
trial; letters formally seeking opinions
ii. those which are intended to form part of the
public record ( Public by Intention)
Per Monteverde vs. PP ( Aug. 12, 2000) involving falsification
of sales invoices required by the BIR, it was held: : “ If the
document is intended by law to be part of the public or
official record, the preparation of which being in accordance
with rules and regulations issued by the government, the
falsification of that document, although it was a private
document at the time of the falsification, is regarded as
falsification of public or official documents”
Examples: Falsification of Civil Service or Bar Exam Booklets;
Application letters and personal data sheets sent to
personnel officers.
Query: What about attendance sheets during seminars or
conferences?
Note: In case of falsification of Travel Documents ( Visa,
Passport, and any document submitted in connection
therewith) the law applicable is R.A. 8239 or the Philippine
Passport Act.
2.Commercial Documents:
a. those used by merchants or business people to
promote trade or credit transactions or commercial
dealings and
b. those defined and regulated by the Code of
Commerce or other commercial laws.
Examples: commercial checks; sales receipts and
invoices; trust receipts; deposit and withdrawal slips
and bank passbooks; tickets issued to passengers;
enrollment forms; grades.
3. Private Documents: any other document, deed or
instruments executed by private persons without the
intervention of a notary public or of other persons legally
authorized, by which some disposition or agreement is
proved, evidenced or set forth.
Examples: unnotarized deeds, letters, private receipts, class
cards, timre records in private employment.
Vouchers of business people are private, not commercial,
documents ( Batulanon vs. PP, 502 SCRA 35)