TABLE OF CONTENTS
I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ..........4
CHAPTER 1: Crimes Against National Security 4
Section 1. – Treason and Espionage ............................................................................... 4
Section 2. – Provoking War and Disloyalty in Case of War .............................................. 6
Section 3. – Piracy and Mutiny on High Seas or in Philippine Waters ............................. 7
II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ......................9
CHAPTER 1: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition,
Interruption and Dissolution of Peaceful Meetings and Crimes Against Religious
Worship 9
Section 1. – Arbitrary Detention And Expulsion ................................................................ 9
Section 2. – Violation of Domicile ................................................................................... 10
Section 3. – Prohibition, interruption and dissolution of peaceful meetings ................... 11
Section 4. – Crimes Against Religious Worship ............................................................. 11
III. CRIMES AGAINST PUBLIC ORDER ..................................................................13
CHAPTER 1: Rebellion, Coup D’etat, Sedition 13
CHAPTER 2: Crimes against Popular Representation 16
Section 1. – Crimes Against Legislative Bodies And Similar Bodies .............................. 16
Section 2. – Violation Of Parliamentary Immunity ......................................................1716
CHAPTER 3: Illegal Assemblies and Associations 17
CHAPTER 4: Assault upon and resistance and disobedience to persons in authority
and their agents 1817
CHAPTER 5: Public Disorders 2019
CHAPTER 6: Evasion Of Service Of Sentence 2221
CHAPTER 7: Commission Of Another Crime During Service Of Penalty Imposed For
Another Previous Offense 2221
IV. CRIMES AGAINST PUBLIC INTEREST .............................................................64
CHAPTER 1: Forgeries 64
Section 1 – Forging The Seal Of The Government Of The Philippine Islands, The
Signature Or The Stamp Of The Chief ........................................................................... 64
Section 2 – Counterfeiting Coins .................................................................................... 64
Section 3 – Forging Treasury Or Bank Notess, Obligations And Securities; Importing
And Uttering False Or Forged Notes, Obligations And Securities .................................. 65
Section 4 – Falsification Of Legislative, Public, Commercial, And Private Documents,
And Wireless Telegraph And Telephone Messages ...................................................... 66
Section 5 – Falsification Of Medical Certificates, Certificates Of Merit, Service, And The
Like ................................................................................................................................. 69
Section 6 – Manufacturing, Importing, And Possession Of Instruments Or Implements
.................................................................................................................................... 6970
CHAPTER 2: Other Falsities 70
Section 1 – Usurpation Of Authority, Rank, Title, And Improper Use Of Names,
Uniforms, And Insignia.................................................................................................... 70
Section 2 – False Testimony ......................................................................................7071
CHAPTER 3: Frauds 72
Section 1 – Machinations, Monopolies, And Combinations ............................................ 72
Section 2. – Frauds......................................................................................................... 72

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V. CRIME RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS .............7374

VI. CRIMES AGAINST PUBLIC MORALS ...........................................................7374
CHAPTER 1: Gambling And Betting 7576
CHAPTER 2: Offenses Against Decency And Good Customs 7677
VII. CRIMES COMMITTED BY PUBLIC OFFICERS ............................................7778
CHAPTER 1: Preliminary Provisions 7778
CHAPTER 2: Malfeasance And Misfeasance In Office 7778
Section 1. – Dereliction Of Duty.................................................................................. 7778
Section 2. – Bribery ........................................................................................................ 79
CHAPTER 3: Frauds And Illegal Transactions And Exactions 8081
CHAPTER 4: Malversation Of Public Funds Or Property 8182
CHAPTER 5: Infidelity Of Public Officers 8384
Section 1. – Infidelity In The Custody Of Prisoners ....................................................8384
Section 2. – Infidelity Of The Custody Of Documents ................................................ 8485
Section 3. – Revelation Of Secrets ................................................................................. 85
CHAPTER 6: Other Offenses Or Irregularities By Public Officers 8586
Section 1. – Disobedience, Refusal Of Assistance, And Maltreatment Of Prisoners . 8586
Section 2. – Anticipation, Prolongation And Abandonment Of The Duties And Powers Of
Public OfficE ............................................................................................................... 8687
Section 3. – Usurpation Of Powers And Unlawful Appointments ...............................8788
Section 4. – Abuses Against Chastity ............................................................................. 88
VIII. CRIMES AGAINST PERSONS .....................................................................8990
CHAPTER 1: Destruction Of Life 8990
Section 1 - Parricide, Murder, Homicide ..................................................................... 8990
Section 2. - Infanticide And Abortion .............................................................................. 93
Section 3 - Duel .......................................................................................................... 9495
CHAPTER 2: Physical Injuries 9495
         CHAPTER 3: RAPE 97

IX. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY .......................99100

CHAPTER 1: Crimes against Liberty 99100
Section 1. Illegal Detention ......................................................................................99100
Section 2. Kidnapping Of Minors ...........................................................................100101
Section 3. Slavery And Servitude ................................................................................. 101
CHAPTER 2: Crimes Against Security 101102
Section 1. Abandonment Of Helpless Persons And Exploitation Of Minors ...........101102
Section 2. Trespass To Dwelling ................................................................................. 103
Section 3. Threats And Coercion ............................................................................103104
Chapter 3: Discovery And Revelation Of Secrets 106
X. Crimes Against Property ............................................................................107108
CHAPTER 1: Robbery in General 107108
Section 1 – Robbery With Violence Against Or Intimidation Of Persons ................107108
Section 2 – Robbery By The Use Of Force Upon Things .......................................110111
CHAPTER 2: Brigandage 112113
CHAPTER 3: Theft 113
CHAPTER 4: Usurpation 114115
CHAPTER 5: Culpable Insolvency 115
CHAPTER 6: Swindling And Other Deceits 115116
CHAPTER 7: Chattel Mortgage 120

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CHAPTER 8: Arson And Other Crimes Involving Destruction 121

CHAPTER 9: Malicious Mischief 121122
CHAPTER 10: Exemptions From Criminal Liability In Crimes Against Property
122123
XI. CRIMES AGAINST CHASTITY .........................................................................124
CHAPTER 1: Adultery And Concubinage 124
CHAPTER 2: Rape And Acts Of Lasciviousness 125
CHAPTER 3: Seduction, Corruption Of Minors And White Slave Trade 126
CHAPTER 4: Abduction 127
CHAPTER 5: Provisions Relative To The Preceding Chapter Of Title Eleven 128
XII. Crimes Against the Civil Status of Persons .................................................130
CHAPTER 1: Simulation of Births and Usurpation of Civil Status 130
CHAPTER 2: Illegal Marriages 130
XIII. Crimes Against Honor .............................................................................133132
CHAPTER 1: Libel 133132
Section 1. – Definition, Forms, And Punishment Of This Crime .............................133132
Section 2. General Provisions ................................................................................136135
CHAPTER 2: Incriminatory Machinations 137136
XIV. Quasi Offenses ........................................................................................138137
ANNEXES .........................................................................................................140139
COMPARATIVE TABLE ON TREASON, MISPRISION OF TREASON, ESPIONAGE,
REBELLION, SEDITION, INCITING TO SEDITION AND INCITING TO REBELLION
................................................................................................................................140139
COMPARATIVE TABLE ON ROBBERY AND THEFT ...........................................145143
ComparativE TABLE ON ROBBERY WITH THE VIOLENCE OR INTIMIDATION AND
ROBBERY BY USE OF FORCE UPON THINGS ..................................................148146
COMPARATIVE TABLE ON THE VARIOUS MODES OF ESTAFA ......................150148
COMPARATIVE TABLE ON PHYSICAL INJURIES...............................................158156
COMPARATIVE TABLES ON CRIMES AGAINST CHASTITY ..............................160158
PROVISIONS RELATIVE TO THE PRECEDING CHAPTER ON TITLE ELEVEN 163161

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 BOOK II – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
 

  LEVY WAR - must be with intent to overthrow the

government, not merely to resist a particular statute
or to repel a particular officer. It matters not how
I. CRIME AGAINST NATIONAL vain and futile the attempt was and how impossible
its accomplishment.
SECURITY AND THE LAWS OF
In treason by levying war, it is not necessary that
NATIONS there be a formal declaration of the existence of a
  state of war. Actual hostilities may determine the
date of the commencement of war.   (Concurring
CHAPTER 1: CRIMES AGAINST Opinion of Justice Perfecto, Laurel v. Misa, G.R.
NATIONAL SECURITY No. L-409, January 30, 1947)

ADHERENCE TO ENEMIES – intent to betray;

SECTION 1. – TREASON AND
ESPIONAGE
ART. 114. TREASON
ELEMENTS: FRAP a LAW (3)
1. Offender is a Filipino Citizen or an Alien
Residing in the Philippines;
2. There is a War in which the Philippines is
involved;
3. Offender either –
a. Levies war against the Government, or
b. Adheres to the enemies, giving them aid or
comfort.
DEFINITION OF TERMS:
TREASON – breach of allegiance to the
government by a person who owes allegiance to it.
ALLEGIANCE – obligation of fidelity and obedience
which the individuals owe to the government under
which they live or to their sovereign, in return for
protection they receive.
Treason committed in a foreign country may be
prosecuted in the Philippines. (Art. 2, RPC)
PERSONS LIABLE:
1. FILIPINO – permanent allegiance; can commit
treason anywhere; and
2. RESIDENT ALIEN – temporary allegiance;
commits treason only when residing in the
Philippines.
Treason is a war crime (hence, cannot be
committed during a time of peace), punished by the
state as a measure of self-defense and self-
preservation.
  (Concurring Opinion of Justice TWO-WITNESS RULE:
Perfecto, Laurel v. Misa, G.R. No. L-409, January
30, 1947)
 (Hauft v. United States, 67 S.
PUNISHABLE ACTS (MODES OF COMMITTING
TREASON):
1. Levying war – requires:
a. Actual assembling of men; and
b. Purpose of executing a treasonable design
by force;
2. Adherence to enemies – requires concurrence
of:
a. Actual adherence &; and
b. Giving aid or comfort.
when a citizen intellectually or emotionally favors
the enemy and harbors sympathies or convictions
disloyal to his country’s policy or interest.
AID or COMFORT – act which strengthens or tends
to strengthen the enemy in the conduct of war
against the traitor’s country and an act which
weakens or tends to weaken the power of the
traitor’s country to resist or to attack the enemy.
Mere acceptance of public office and discharge of
official duties under the enemy do not constitute the
felony of treason. But when the position is policy-
determining, the acceptance of public office and
the discharge of official duties constitute treason.
POLICY-DETERMINING – Officials that defined
the norm of conduct that all offices and officials
under the department he headed had to adopt and
enforce, and helped in the propagation of the creed
of the invader, and the acts and utterances of the
accused while holding the position were an earnest
implement such policy, the acceptance of public
office and discharge of official duties constitute
treason.(People v Sison, P.C., 42 O.G. 748)
WAYS TO PROVE:
1. Treason (Overt act of giving aid or comfort)
a. Testimony - at least 2 witnesses to the same
overt act; or
b. Judicial confession of the accused in open
court.
2. Adherence
a. One witness;
b. Nature of act itself; or
c. Circumstances surrounding the act.
Testimonies need not be identical, but must relate
to the same overt act
Ct. 874). It is sufficient that the witnesses are
uniform in their testimony on the overt act; not
necessarily that there be a corroboration between
them on the point they testified (People v.
Concepcion G.R. No. L-1853, October 25, 1949).
The two-witness rule is severely restrictive, hence,
each of the witnesses must testify to the whole
overt act; or if it is separable, there must be two
witnesses to each part of the overt act (People v.
Escleto, G.R. No. L-1006, June 28, 1949).

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 BOOK II – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
 

REASON FOR TWO-WITNESS RULE: • If acts of treason are committed after the
The special nature of the crime requires that the conspiracy or proposal, the crime committed
accused be afforded a special protection not will be treason, and the conspiracy or proposal
required in other cases so as to avoid a miscarriage is considered as a means in the commission
of justice. thereof.
• Two-witness rule – not applicable since this is
CIRCUMSTANCES INHERENT IN TREASON: a crime separate and distinct from treason.
1. Evident premeditation;
2. Superior Strength; and ART. 116. MISPRISION OF TREASON
3. Treachery.
ELEMENTS: FOACK (4)
AGGRAVATING CIRCUMSTANCES IN
1. Filipino citizen;
TREASON:
2. Owes Allegiance to the government; NOT a
1. Cruelty;
foreigner;
2. Ignominy; and
3. Has Knowledge of any conspiracy (to commit
3. Gravity or seriousness of the acts of treason.
treason) against the government; and
4. He Conceals or does not disclose the same to
DEFENSES NOT A DEFENSE the authorities of place in which he resides.
Duress or Suspended allegiance;
uncontrollable fear; and NOTES:
and • Offender is punished as an accessory to the
Obedience to de Joining the enemy army crime of treason. But such offender is actually a
facto government. thus becoming a citizen principal to this crime.
of the enemy. • This will not apply if crime of treason is already
committed and it is not reported.
NOTES:
• It is a crime of omission.
• There is no treason through negligence. It
• RPC mentions 4 individuals to whom the
requires intent   (Cramer v. US 65 Sup. Ct. 918,
conspiracy must be reported to (i.e. 1) governor,
April 23, 1945) 2) provincial fiscal, 3) mayor or 4) city fiscal), but
• Treason is a continuous offense (People v. what if you report to some other high-ranking
Victoria, G.R. No. L-369 March 13,1947). Proof government official? Ex: PNP Director? Judge
of one count is sufficient of conviction (People v. Pimentel says any government official of the
San Juan, G.R. No. L-2997, June 29, 1951). DILG is OK.
• There is no complex crime of treason with • Art. 116 is an exception to the rule that mere
murder or physical injuries (People v. Prieto 80 silence does not make a person criminally liable.
Phil. 138).
• Giving aid or comfort requires adherence. ART. 117. ESPIONAGE
ART. 115. CONSPIRACY AND ESPIONAGE – Offense of
PROPOSAL TO COMMIT TREASON 1. gathering, transmitting, or losing information;
2. respecting the national defense;
ELEMENTS – CONSPIRACY:W-TOMA LAD (3) 3. with intent or reason to believe;
1. In times of War; 4. that the information is to be used to the injury
2. Two Or More persons come to an Agreement of the Republic of the Philippines or the
to - advantage of a foreign nation.
a. Levy war against the government; or
b. Adhere to the enemies and to give them PUNISHABLE ACTS (MODES OF COMMITTING
aid or comfort; and ESPIONAGE):
3. They Decide to commit it.
1. By entering, without authority, a warship, fort,
ELEMENTS – PROPOSAL: W-PAP (3) or military or naval establishment or reservation
1. In times of War; to obtain any information, plans, photographs
2. A Person who has decided to levy war against or other data of confidential nature relative to
the government, or to Adhere to the enemies the defense of the Philippines.
and to give them aid or comfort; and
3. Proposes its execution to some other person/s. ELEMENTS – FIRST MODE: NO ENTRY FAN PO
D (3)
NOTES: 1) That the offender (Filipino or AlieN
• As a general rule, conspiracy and proposal to Resident) ENTERS a warship, fort, naval
commit a felony is not punishable (Art. 8). Art. 115 or military establishment or reservation;
is an exception as it specifically penalizes 2) That he has NO authority therefore; and
conspiracy and proposal to commit treason. 3) That his Purpose is to Obtain information,
• Mere proposal even without acceptance is plans, photographs or other data of a
punishable. If the other accepts, it is already confidential nature relative to the Defense
conspiracy. of the Philippines

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 BOOK II – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
information referred to in the preceding
paragraph, which he had in his possession by
reason of the public office he holds.
ELEMENTS – SECOND MODE: PP DC RF (3)
1) That the offender is a Public officer;
2) That he has in his Possession the articles,
data or information referred to in the first
mode of committing espionage, by reason
of the public office he holds; and
3) That he Discloses their Contents to a
Representative of a Foreign nation.
PERSONS LIABLE:
1. First mode; ANY person whether:
a. Filipino citizen OR resident alien
(foreigner); or
b. Private individual or a public officer; and
2. Second mode:
a. A public officer.
NOTES:
1. Being a public officer is a requirement in the
second mode, while it is only aggravating in the
first.
2. Wiretapping is not espionage if the purpose is
not connected with defense.
3. Mmode of committing the felony, it is not
necessary that the offender succeeds in
obtaining the information.
TREASON ESPIONAGE
In both – not conditioned on citizenship of offender;
Committed in war War and Peace time;
time; and and
Limited to two ways: Committed in many
1) levying war, and ways.
2) adhering to the
enemy, giving him aid
or comfort.
C.A. NO. 616
AN ACT TO PUNISH ESPIONAGE AND
OTHER OFFENSES AGAINST NATIONAL
SECURITY
ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e.
causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval, or air forces
of the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the law
(i.e. the offender harbors a person whom he
knows as someone who committed or is
about to commit a violation of this Act); and
7. Photographing from aircraft of vital military
 6
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 123
information.
SECTION 2. – PROVOKING WAR AND
DISLOYALTY IN CASE OF WAR
ART. 118. INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS
ELEMENTS: PUP (3)
1. Offender Performs Unlawful or unauthorized
acts; and
2. Such acts Provoke or give occasion for a war
involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their
persons or property.
NOTES:
• Crime is committed in time of peace.
• Intent of the offender is immaterial.
• In inciting to war, the offender is any person. If
the offender is a public officer, the penalty is
reclusion temporal, while the penalty to a
private individual is prision mayor.
• Reprisals are not limited to military action; it
could be economic reprisals, or denial of entry
into their country.
ART. 119. VIOLATION OF NEUTRALITY
ELEMENTS: WAR NI PERV
1. War in which the Philippines is Not Involved;
2. For the Purpose of Enforcing neutrality, a
Regulation is issued by competent authority;
and
3. That the offender Violates such regulation.
NEUTRAL – A nation or power which takes no part
in a contest of arms going on between others.
NOTES:
• This crime is committed only in times of peace in
the Philippines, but in times of war between other
States (see elements).
• It is the neutrality of the Philippines that was
violated. Philippines should not be a party to the
war.
ART. 120. CORRESPONDENCE WITH
HOSTILE COUNTRY
ELEMENTS: WAR PI C PCCU (3)
1. A WAR in which the Philippines is Involved;
2. That the offender makes Correspondence
with an enemy country or territory occupied
by enemy troops;
3. That the correspondence is either –
a. Prohibited by the government, or
b. carried on in Ciphers or Conventional
signs, or
c. containing notice or information which
might be useful to the Enemy.
Page
 BOOK II – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

 

CORRESPONDENCE – communication by means steal.”

of letters or it may refer to the letters, which pass
between those who have friendly or business ELEMENTS: VON ASSE (3)
relations. 1. A Vessel is on the high seas or Philippine
waters;
CIPHER – secret writing system; a code (Webster’s 2. Offenders – Not members of its complement
Dictionary) nor passengers of the vessel; and
3. That the offenders –
QUALIFYING CIRCUMSTANCES: a. Attack or seize the vessel, or
The following must concur together – b. Seize whole or part of vessel’s cargo,
1. That the notice or information might be useful Equipment or personal belongings of its
to the enemy; and complement or passengers.
2. That the offender intended to aid the enemy.
NOTE:
NOTES: • Under P.D. 532, piracy may be committed even
• If the offender intended to aid the enemy by by a passenger or member of the complement
giving such notice or information, the crime of the vessel.
amounts to TREASON; hence penalty same as
that for treason. PUNISHABLE ACTS (MODES OF COMMITTING
• It is immaterial if correspondence contains PIRACY):
innocent matters when if it is prohibited by the 1. By attacking or seizing a vessel on the high
government. seas or in the Philippine waters(P.D. 532); and
• Prohibition by the government is not essential 2. By seizing in the vessel the whole or part of its
when the correspondence is carried on in cargo, its equipment or personal belongings
ciphers or conventional signs or when it of its complement or passengers while on the
contains notice or information, which might be high seas or in Philippine waters.
useful to the enemy.
MUTINY – the unlawful resistance to a superior, or
the raising of commotions and disturbances on
ART. 121. FLIGHT TO ENEMY’S board a ship against the authority of its commander.
COUNTRY
PIRACY MUTINY
ELEMENTS: WAR PI OA AP (4) Persons who attack
1. A WAR in which the Philippines is Involved; Offenders are
a vessel or seize its
2. Offender Owes Allegiance to the government; members of the crew
cargo are strangers
3. Offender Attempts to flee or go to enemy or passengers;
to said vessels;
country; and Offenders may only
4. Going to enemy country is Prohibited by intend to ignore the
competent authority. Intent to gain is an ship’s officers or they
element; and may be prompted by a
PERSONS LIABLE: desire to commit
1. Filipino citizen; and plunder; and
2. Alien residing in the Philippines Attack from
Attack from the inside.
outside.
NOTES:
• Mere attempt to flee or go to enemy country
PIRACY ROBBERY ON HIGH SEAS
consummates the crime.
• There must be a prohibition. If there is none,
even if one went to enemy country, there is no The offender is The offender is a member of the
crime. an outsider; complement or a passenger of
and the vessel; and
SECTION 3. – PIRACY AND MUTINY ON
HIGH SEAS OR IN PHILIPPINE In both, there is intent to gain and the manner of
WATERS committing the crime is the same

ART. 122. PIRACY IN GENERAL AND NOTE:

MUTINY ON THE HIGH SEAS OR IN PLEASE SEE THE SPL REVIEWER
PHILIPPINE WATERS ON THE RELATED TOPIC: P.D. 532

PIRACY – it is robbery or forcible depredation on
the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of
universal hostility.
Animo furandi – Latin term meaning “intention to
• VESSEL – any vessel or watercraft used for
transport of passengers and cargo from one
place to another through Philippine waters.
• PHILIPPINE WATERS – all bodies of water
and all waters belonging to the Philippines by
historic or legal title, including territorial sea, the

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 BOOK II – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
 

sea-bed, the insular shelves, and other Qualified Piracy is a special complex crime
submarine areas over which the Philippines punishable by reclusion perpetua to death,
has sovereignty and jurisdiction. (Sec. 2, P.D. regardless of the number of victims.
No. 532)

HIGH SEAS - any waters on the sea coast which NOTES:

are without the boundaries of the low water mark • The word “crimes” in the opening sentence of
although such waters may be in the jurisdictional Art. 123 refers to both piracy and mutiny.
limits of a foreign government; parts of the sea that • However, the second qualifying circumstance
are not included in the exclusive economic zone, in specifically mentions “pirates” thereby
the territorial seas, or in the internal waters of a excluding mutineers.
state, or in the archipelagic waters of an • The murder/rape/homicide/physical injuries
archipelagic state. (United Nations Convention on must have been committed on the passengers
the Law of the Sea) or on the complement of the vessel.
• PIRACY IN HIGH SEAS – jurisdiction of any • Piracy may be punished in the competent
court where offenders are found or arrested. tribunal of any country where the offender may
• PIRACY IN INTERNAL WATERS – jurisdiction be found or into which he may be carried.
of Philippine courts. • Any person who aids or protects pirates or
• For purposes of the Anti-Fencing Law, piracy abets the commission of piracy shall be
is part of robbery and theft. considered as an accomplice.
• Under Human Security Act of 2007 (R.A.
9372) a person who commits an act punishable
as piracy and mutiny under Art. 122 thereby
sowing and creating a condition of widespread
and extraordinary fear and panic among the
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
the crime of terrorism, and shall suffer the
penalty of 40 years of imprisonment, without
the benefit of parole.

NOTE: The purpose of brigandage is

indiscriminate highway robbery. P.D. 532
punishes as highway robbery or brigandage only
acts of robbery perpetuated by outlaws
indiscriminately against any person or persons on
Philippine highways, and not acts of robbery
committed against only a predetermined or
particular victim (Rustico Abay, Jr. v. People of the
Philippines, GR 165896, 2008).

PIRACY (RPC) MUTINY (P.D. 532)

Punishes piracy Punishes piracy
committed either in committed in
Philippine waters or Philippine waters only;
on the high seas; and and
Offenders: Strangers
Offenders: Any person
to the vessel (non-
(may be a passenger,
passengers or non-
crew or stranger).
members of the crew).

ART. 123. QUALIFIED PIRACY

QUALIFYING CIRCUMSTANCES: BF A&A (3)
1. Seizure of the vessel by Boarding or Firing
upon the same;
2. Abandonment by pirates of victims without
means of saving themselves; or
3. Crime was Accompanied by murder, homicide,
physical injuries, or rape.

QUALIFIED MUTINY – When the second or third

circumstance accompanies the crime of mutiny
mentioned in Art. 122, mutiny is then qualified. First
circumstance may not qualify the crime of mutiny.

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 BOOK II – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
II. CRIMES AGAINST THE
FUNDAMENTAL LAWS OF
THE STATE
CHAPTER 1: ARBITRARY
DETENTION OR EXPULSION,
VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP
SECTION 1. – ARBITRARY DETENTION
AND EXPULSION
ART. 124. ARBITRARY DETENTION
DETENTION – actual confinement of a person in an
enclosure or in any manner detaining and depriving
him of his liberty.
ELEMENTS: PWD (3)
1. That the offender is a Public officer or
employee (whose official duties include the
authority to make an arrest and detain
persons);
2. That he Detains a person; and
3. Detention is Without legal grounds.
LEGAL GROUNDS FOR DETENTION:
1. Commission of a crime; and
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital.
• If the offender is a private individual, the act of
detaining another is Illegal Detention. (Art.
267 or Art. 268)
• However, private individuals who conspire with
public officers can be liable as principals in the
crime of Arbitrary Detention.
• Public officers who are not vested with
authority to detain or order the detention of
persons accused of a crime or exceed their
authority may be liable for illegal detention
because they are acting in their private
capacity.
• Arbitrary detention can be committed through
imprudence [People v. Misa, G.R. No. 93485,
June 27, 1994. Here, a chief of police
(convicted) rearrested a woman who had been
released by verbal order of the justice of peace.
The officer should have verified the order of
release before proceeding to make the re-
arrest.]
• The law does not fix any minimum period of
detention. Offenders have been convicted of
arbitrary detention even when the offended
party was detained for an hour (US v.
 9
 of
 123
Agravante, G.R. No. L-3947, January 28, 1908)
or even less than half an hour (US v. Braganza,
G.R. No. L-3971, February 3, 1908).
• Arrest without warrant is the usual cause of
arbitrary detention EXCEPT warrantless arrest
(under Sec. 5, Rule 113, Revised Rules of
Criminal Procedure).
NOTE: Psychological Restraint is another form of
detention (Astorga v. People, G.R. No 154130,
October 1, 2003).
ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
ELEMENTS: POE DLG FAILS (3)
1. That the offender is a Public Officer or
Employee;
2. That he has Detained a person for some Legal
Ground; and
3. That he FAILS to deliver such person to the
proper judicial authority within:
a. 12 hours, detained for crimes punishable
by light penalties, or their equivalent;
b. 18 hours, for crimes punishable by
correctional penalties, or their equivalent; or
c. 36 hours, for crimes/offenses punishable
by capital punishment or afflictive penalties, or
their equivalent.
Circumstances considered in determining the
liability of the officer-offender:
1. Means of communication;
2. Hour of arrest; and
3. Other circumstances such as the time of
surrender and the material possibility for the
fiscal to make the investigation and file in time
the necessary information (Sayo v. Chief of
Police of Manila, G.R. No. L-2128, May 12,
1948).
RIGHTS OF DETAINEE:
1. Shall be informed of the cause of his
detention; and
2. Allowed, upon request, to communicate and
confer at anytime with his attorney or counsel.
NOTES:
• If offender is a private person, the crime is
Illegal Detention.
• Art. 125 contemplates arrest by virtue of some
legal ground or valid warrantless arrest.
• If arrest is made by virtue of an arrest warrant,
person may be detained indefinitely until:
a. His case is decided, or
b. He posts bail.
• The felony means delay in filing the necessary
information or charging of person detained in
court, which may be waived if a preliminary
investigation is asked for. This does not
contemplate actual physical delivery.
• The filing of the information in court beyond the
specified periods does not cure illegality of
detention. Hence, the detaining officer is still
liable under Art. 125. Neither does it affect the
Page
 BOOK II – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
legality of the confinement under process
issued by the court.
• To prevent committing this felony, officers
usually ask accused to execute a waiver of Art.
125, which should be under oath and with
assistance of counsel. Such waiver is not
violative of the constitutional right of the
accused.
LENGTH OF WAIVER
Even when a waiver is signed, a detainee cannot be
held indefinitely. Upon signing of the waiver, a
preliminary investigation must be conducted and
terminated within 15 days (Leviste v. Alameda, G.R.
No.182677, August 3, 2010).
ARBITRARY
DELAY IN DELIVERY OF
DETENTION
DETAINED (ART. 125)
(ART. 124)
Detention is legal in the
beginning; illegality starts from
Detention is illegal the expiration of the specified
from the beginning periods without the persons
detained having been delivered to
the proper judicial authority
ART. 126. DELAYING RELEASE
ELEMENTS: POE JOE NO RELEASE SPP (3)
1. That the offender is a Public Officer or
Employee;
2. That there is a Judicial Or Executive order
for the RELEASE of a prisoner or detention
prisoner, or that there is a proceeding upon a
petition for the liberation of such person;
3. That the offender without good reason
delays:
a. the Service of the notice of such order to
the prisoner, or
b. the Performance of such judicial or
executive order for the release of the
prisoner, or
c. the Proceedings upon a petition for the
release of such person.
NOTE: Wardens and jailers are the persons
most likely to violate this provision.
ART. 127. EXPULSION
ELEMENTS: NO POE ECP (3)
1. The offender is a Public Officer or Employee;
2. That he Expels any person from the
Philippines, or Compels a Person to change his
residence; and
3. The offender is NOT authorized by law.
PUNISHABLE ACTS:
1. Expelling a person from the Philippines; or
2. Compelling a person to change his residence.
NOTES:
 10
 of
 123
• Crime of expulsion absorbs grave coercion. If
done by a private person, act will amount to
Grave Coercion.
• Only the court by a final judgment can order a
person to change his residence but the Chief
Executive has the power to deport undesirable
aliens.
• If a Filipino who, after voluntarily leaving the
country, is illegally refused re-entry, he is
considered a victim of being forced to change his
address.
PLEASE SEE SPL REVIEWER ON R.A. 9372
HUMAN SECURITY ACT 2007
PLEASE SEE SPL REVIEWER ON R.A. 9745
ANTI-TORTURE ACT
SECTION 2. – VIOLATION OF
DOMICILE
ART. 128. VIOLATION OF DOMICILE
ELEMENTS: POE NO CERS (3)
1. That the offender is a Public Officer or
Employee;
2. That he is NOt authorized by judicial order to
enter the dwelling and/or to make a search
therein for papers or other effects; and
3. That he Commits any of the following acts:
a. Entering any dwelling against the will of
the owner thereof;
b. Searching papers or other effects found
therein without the previous consent of
such owner;
c. Refusing to leave the premises, after
having surreptitiously entered said dwelling
and after having been required to leave the
same.
SURREPTITIOUSLY – done through fraud or
secret means to accomplish an object (stealth).
SPECIAL AGGRAVATING (QUALIFYING)
CIRCUMSTANCES:
1. Nighttime; or
2. Papers or effects not constituting evidence of a
crime are not returned immediately.
NOTES:
• The judicial order is the search warrant.
• If the offender who enters the dwelling
against the will of the owner is a private
individual, the crime committed is Trespass
to Dwelling.
• When a public officer searched a person
“outside his dwelling” without a search
warrant and such person is not legally
arrested for an offense, the crime committed
by the public officer is either:
1. Grave Coercion if violence or intimidation
is used (Art. 286), or
2. Unjust Vexation if there is no violence or
intimidation (Art. 287).
Page
 BOOK II – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
st
• In the 1 mode, the entrance must be against
the will of the owner of the dwelling. Lack of
consent will not suffice.
rd
• Under the 3 mode, even if the entrance is only
without the consent of its owner, the crime is
committed when there is a refusal to leave
the premises when required to do so.
• When a policeman who got angry, forcibly
entered the house of another and attacked the
latter, the policeman is not liable for violation of
domicile because he was not acting in an official
capacity. He is liable instead for physical
injuries with the aggravating circumstance
of dwelling.
ART. 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE
IN THE SERVICE OF THOSE LEGALLY
OBTAINED
SEARCH WARRANT – an order in writing issued in
the name of the People of the Philippines, signed
by a judge and directed to a peace officer,
commanding him to search for personal property
described therein and bring it before the court.
PUNISHABLE ACTS:
1. Procuring a search warrant without just cause.
A search warrant is said to have been procured
without just cause when it appears on the face
of the affidavits filed in support of the
application therefor, or through other evidence,
that the applicant had every reason to believe
that the search warrant sought for was
unjustified (Reyes, The Revised Penal Code,
69, 2012).
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
ELEMENTS: POE-SN (3)
1. That the offender is a Public Officer or
Employee;
2. That he procures a Search warrant; and
3. That there is No just cause.
ELEMENTS: PO-L-E (3)
1. That the offender is a Public Officer or
employee;
2. That he has Legally procured a search warrant;
and
3. That he Exceeds his authority or uses
unnecessary severity in executing the same.
ART. 130. SEARCHING DOMICILE
WITHOUT WITNESSES
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he is armed with a search warrant
legally procured;
3. That he searches the domicile, papers or
other belongings of any person; and
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 123
4. That the owner or any member of his family, or
two witnesses residing in the same locality is
not present.
ORDER OF THOSE WHO MUST WITNESS THE
SEARCH:
1. Homeowner;
2. Members of the family of sufficient age and
discretion; or
3. Responsible members of the community.
SECTION 3. – PROHIBITION,
INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
ART. 131. PROHIBITION,
INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
ELEMENTS: POE PHP (2)
1. Offender is a Public Officer or Employee;
2. He performs any of the following acts:
a. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting,
or dissolving the same (e.g. denial of
permit in arbitrary manner);
b. Hindering any person from joining any
lawful association or from attending any of
its meetings; or
c. Prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances.
TESTS FOR DETERMINING IF THERE IS A
VIOLATION OF ART. 131:
1. Dangerous tendency rule; and
2. Clear and present danger rule.
NOTES:
• If the offender is a private individual, the crime is
Disturbance of Public Order (Art. 153).
• Offender must be a stranger, not a participant,
in the peaceful meeting; otherwise, the offense
is Unjust Vexation.
• Meeting must be peaceful and there must be no
legal ground for prohibiting, dissolving or
interrupting that meeting.
• Interrupting and dissolving a meeting of the
municipal council by a public officer is a crime
against the legislative body and is not
punishable under this article.
• Those holding peaceful meetings must comply
with local ordinances.
SECTION 4. – CRIMES AGAINST
RELIGIOUS WORSHIP
ART. 132. INTERRUPTION OF
RELIGIOUS WORSHIP
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 BOOK II – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

 

ELEMENTS: PRO (3) Interruption and or employee then unjust

1. That the officer is a Public officer or employee; Dissolution of who is a vexation
2. That Religious ceremonies or manifestations of Peaceful Meeting stranger in the
any religion are about to take place or are (Art. 131) meeting
going on; and Interruption of
3. That the Offender prevents or disturbs the If not religious
Religious Public officer
same. then Art. 131
Worship (Art. or employee
132)
QUALIFYING CIRCUMSTANCE: With violence or Offending
threats. Religious Feeling Any person
(Art. 133)
NOTES:
• Reading of Bible and then attacking certain
churches in a public plaza is not a ceremony or
manifestation of religion, but only a meeting of
a religious sect, hence, only Art. 131 was
violated.
• Religious worship includes people in the act of
performing religious rites for a religious
ceremony or a manifestation of religion.
Examples: Mass, baptism, marriage.
• X, a private person, punched a priest while the
priest was giving homily and maligning a
relative of X. Is X liable? X may be liable under
Art. 133 (Offending religious feelings) because
X is a private person.

ART. 133. OFFENDING THE RELIGIOUS

FEELINGS
ELEMENTS: NO C PDa (2)
1. Acts complained of were performed
a. in a Place Devoted to religious worship, or
b. during the Celebration of any religious
ceremony;
2. Acts must be Notoriously Offensive to the
feelings of the faithful

NOTES:
• The offender can be any person.
• Offense to feelings is judged from the
complainant’s point of view.
• The phrase ‘in a place devoted to religious
worship’ does not necessarily imply the
requirement of a religious ceremony going on.
The phrase ‘during the celebration’ is
separated by the word ‘or’ from the phase
‘place devoted to religious worship’ which
indicates that the ‘religious ceremony’ need not
be celebrated in a place of worship.
• Examples of religious ceremony (acts
performed outside the church): processions
and special prayers for burying dead persons
but NOT prayer rallies.
• Acts notoriously offensive to the feelings of the
faithful must be directed against religious
practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing or attempting to
damage an object of religious veneration.
• There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance or
rudeness is not enough.

PERSONS IF ELEMENT
CRIME
LIABLE IS MISSING
Prohibition, Public officer If by insider

Page  12  of  123  

 BOOK II – CRIMES AGAINST PUBLIC ORDER
 

overthrow the destabilize the

government government or
diminish state power
III. CRIMES AGAINST PUBLIC There is a swift
attack thru strategy,
ORDER stealth, threat,
violence or
intimidation against
CHAPTER 1: REBELLION, COUP duly constituted
D’ETAT, SEDITION authorities of the
Republic of the
There is public Philippines, military
ART. 134. REBELLION AND uprising and taking camp or installation,
INSURRECTION up of arms communication
networks, public
ELEMENTS: PUTA RAG D (2) facilities or utilities
1. Public Uprising and Taking Arms against the needed for the
government; exercise and
2. Purpose: continued
a. To Remove from the Allegiance to possession of
Government or laws: governmental
i. Territory of Philippines (in whole or in powers
part);
ii. Body of land, or army/naval/other DIRECT ASSAULT
forces; and REBELLION
(FIRST FORM)
b. Deprive Chief Executive or Congress 1. That there be a
wholly or partially of powers or public uprising and
prerogatives. taking arms against the
government; and
DISTINGUISHING REBELLION FROM OTHER 2. That the purpose of
CRIMES the uprising or
movement is either: 1.Offender employs
REBELLION INSURRECTION a. to remove from force or intimidation;
the allegiance to
said government or 2. Aim of offender is to
Purpose is to effect a its laws the territory attain any of the
change of minor of the Philippines or purposes of the crime of
Purpose is to overthrow importance, or to any part thereof or rebellion or sedition; and
any body of land,
or supersede the prevent the exercise of
naval or other 3. That there is no public
existing government. government authority with
armed forces, or uprising.
respect to particular
b. to deprive the
matters.
Chief Executive or
Congress, wholly or
partially, of any of
their powers or
REBELLION TREASON
prerogatives.
Requires taking up of Does not require taking
There must be a public There is no public
arms up of arms
uprising. uprising.
Giving of comfort and
Giving of comfort and
moral aid alone is not
moral aid is punishable REBELLION IN GENERAL
punishable
• A crime of masses, of the multitude. Only 1
No foreign enemy Foreign enemy required
person cannot commit it.
Committed during time Committed only during
• It is a continuing crime.
of peace only time of war
• A public uprising and taking up of arms are
necessary for overt acts to constitute rebellion.
REBELLION COUP D’ETAT
o However, taking part in the clash of arms
Carried out by a May be committed by
is not necessary to be convicted of
multitude of people. many or only one
rebellion.
Principal offenders o If there is conspiracy, knowingly identifying
are members of the one’s self with a group that commits
military, Philippine
No qualifications as rebellion is enough for conviction, even if
National Police, or
to offenders he himself did not rise publicly and take
public officer, acting
arms.
as principal
• Consummated the very moment rebels rise and
offenders
take arms against the government. They do not
Purpose is to Purpose is to

Page  13  of  123  

 BOOK II – CRIMES AGAINST PUBLIC ORDER
 

need to achieve their purpose for rebellion to constituted authorities of the RP, or any military
be consummated. camp or installation, communication networks,
public utilities or other facilities needed for the
PURPOSE FOR REBELLION exercise and continued possession of power
• The purpose of the uprising must be shown. consummates the crime.
• It is not necessary for conviction that the
purpose is achieved. ART. 135. PENALTY FOR COUP
NOTES:
D’ÉTAT, REBELLION AND
• There must be ACTUAL participation. Mere INSURRECTION
giving of aid or comfort is not criminal in the
case of rebellion. PARTICIPANT ACTS PENALTY
• Rebellion absorbs other crimes committed in REBELLION
furtherance of rebellion. Promotes,
Reclusion
o Illegal possession of firearms in Leaders maintains, or
Perpetua
furtherance of rebellion is absorbed by the heads
crime of rebellion. Participates, or
o A private crime may be committed during executes the Reclusion
Participants
rebellion. commands of Temporal
• Public officer must take active part because others
mere silence or omission is not punished in COUP D’ÉTAT
rebellion Leads, directs,
• It is not a defense that the accused never took or commands
Reclusion
the oath of allegiance, or that they never Leaders others to
perpetua
recognized the government. undertake a
Coup d’état
ABSORPTION OF THE ORDINARY CRIMES Participates or
Participants in
PERFORMED DURING A REBELLION executes the Reclusion
government
commands of Temporal
service
People v. Hernandez: rebellion cannot be others
complexed with ordinary crimes done pursuant to it   Aids, abets,
Prision mayor
(G.R. Nos. L-6025-26, 1956). Participants not finances, or
in its
1
People v. Geronimo: crimes done for private in government otherwise
maximum
purposes without political motivation should be service assists
period
separately punished (G.R. No. L-8936, 1956). commission
Enrile v. Salazar: Hernandez remains binding
doctrine operating to prohibit the complexing of PENALTIES AND LIABILITY
rebellion with any other offense committed on the • The indeterminate sentence does not apply to
occasion thereof, either as a means to its Coup d’état, Rebellion, or Insurrection.
commission or as an unintended effect of any • If the actual leader is unknown, the persons
activity that constitutes rebellion (G.R. No. 92164, who actually directed others, spoke for the
1990). unknown leaders, signed receipts, and
performed other similar acts will be liable as the
ART. 134-A. COUP D’ÉTAT leader.

ELEMENTS: OMPP (4) ABSORPTION (REBELLION AND

1. Offender: member of the military, police force, INSURRECTION)
or any public officer or employee; • If other common crimes were done in
2. Means: swift attack accompanied by violence, pursuance of the rebellious purpose, these
intimidation, threat, strategy, or stealth; crimes are absorbed and the person is liable
3. Possible targets: duly constituted authorities only for rebellion.
of the Philippines, any military; • Absorption is not automatic. One has to show
camp/installation, communication networks, that common crimes were done in pursuance of
public utilities, or other facilities needed for the rebellious purposes, even if one was a member
exercise and continued possession of power; of a rebellious group.
and. • If other common crimes are done for personal
4. Purpose: to seize or diminish state power. purposes, even while the person is in rebellion,
the person will be held separately liable.
COUP D’ÉTAT IN GENERAL • Once an overt act (even if it is a crime itself) is
• May be perpetrated with or without civilian cited as an element of Rebellion in the
participation; and information, it can no longer be charged as a
• May be punished as terrorism. separate crime.
• There is no frustrated stage for coup d’ etat.
The mere attack directed against the duly ART. 136. CONSPIRACY AND
                                                                                                                        PROPOSAL TO COMMIT COUP
 

Page  14  of  123  


D’ÉTAT, REBELLION, OR
INSURRECTION
PENALTIES
1. Conspiracy and proposal to commit Coup
d’état:
a. Prision Mayor minimum; and
b. A fine not exceeding Php 8,000.
2. Conspiracy to commit Rebellion or Insurrection:
a. Prision correccional maximum; and
b. A fine not exceeding Php 5,000.
3. Proposal to commit Rebellion or Insurrection:
a. Prision correccional medium; and
b. A fine not exceeding Php 2,000.
NOTES:
• Merely agreeing and deciding to commit the
above mentioned crimes, without actually
performing the overt acts is already punishable.
• There is no conspiracy when the people have
not agreed, or decided to commit the crimes.
Even if some acts may be construed as helpful
• commit rebellion; and
to rebels, if there is no intent to aid them in
achieving their rebellious purposes, those who
gave aid are not liable as conspirators.
• Even if someone gives speeches in favor of the
crimes, if there is no evidence that those who
heard it took it as a proposal, the person giving
the speech is not liable under this article.
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES
PUNISHABLE ACTS
1. Failing to resist rebellion by all means;
2. Continuing to discharge duties under rule of
rebels; or
3. Accepting appointment under rule of rebels.
NOTES: Penalty for all acts is Prision Correccional
in its minimum period.
OFFENDERS
• SHOULD be a public officer or employee. A
private individual cannot violate this article,
even if he accepts appointments under the
rebel government.
• Should not be in conspiracy with the rebels. If
there is conspiracy, he/she will be liable for
rebellion.
REBELLION AS PRE-REQUISITE
• There must be a rebellion to be resisted in the
first place.
• This article is inapplicable in the absence of the
crime of rebellion.
ART. 138. INCITING TO REBELLION OR
INSURRECTION
ELEMENTS: NO-OI
1. Offender does NOt take arms or is Not in open
hostility against the Government; and
2. He Incites Others to the execution of any of the
acts of rebellion.
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 123
BOOK II – CRIMES AGAINST PUBLIC ORDER
a. He incites others to rise publicly and take
arms against the government.
APPLICABILITY
1. People incited must not actually commit
rebellion for this article to apply.
2. If people incited commit rebellion, this article is
not applicable.
a. People incited would be guilty of rebellion
as principals by direct participation.
b. Person inciting would be guilty of rebellion
as principal by inducement.
DISTINGUISHING FROM PROPOSAL TO
COMMIT REBELLION
PROPOSAL TO INCITING TO
COMMIT REBELLION REBELLION (ART.
(ART. 136) 138)
Not required that the
The person who
offender has decided
proposes has decided to
to commit rebellion;
and
The person who
proposes the execution The inciting is done
of the crime uses secret publicly.
means.
NOTE: In both proposal and inciting, the offender
induces another to commit rebellion
ART. 139. SEDITION
ELEMENTS: RPT FINO PPICD (3)
1. Offenders Rise Publicly and Tumultuously;
2. Means: Force, INtimidation, Outside legal
method;
3. Objectives:
a. Prevent promulgation/execution of law or
holding of popular election;
b. Prevent government or officer thereof from
freely exercising functions;
c. Inflict act of hate or revenge upon public
officer or employee or his property;
d. Commit for political or social end, any act
of hate or revenge on any person or social
class; and
e. Despoil for any political or social end, any
person, the Government, or any division
thereof of all or some of their property.
SEDITION IN GENERAL
1. Sedition is the raising of commotions or
disturbances in the State.
2. Can be committed by both private and public
persons.
3. Object is generally a violation of public peace.
4. It cannot be committed by one person alone.
a. Something is considered tumultuous if it
involves at least four (4) men with
weapons or other means of violence.
b. Multiple people with no arms or means of
violence at all cannot commit sedition.
5. Common crimes are not absorbed in sedition.
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 BOOK II – CRIMES AGAINST PUBLIC ORDER

 

NOTE: 1. When they tend to disturb or obstruct any

Concurrence of public uprising and purpose of public officer in executing the functions of his
sedition is required. When one is absent, it is office; or
not sedition. 2. When they tend to instigate others to cabal and
meet together for unlawful purposes; or
DISTINGUISHED FROM OTHER CRIMES 3. When they suggest or incite rebellious
conspiracies or riots; or
4. When they lead or tend to stir up the people
SEDITION REBELLION (ART. against the lawful authorities or to disturb the
(ART. 139) 134) peace of the community, the safety and order
In both, there must be a public uprising; of the government.
Sufficient that the Taking up of arms
public uprising is against the TWO RULES RELATIVE TO SEDITIOUS WORDS
tumultuous; government; and 1. Clear and present danger rule
a. Danger should be both clear and
Purpose of the
The purpose is imminent;
offenders may be
always political b. Reasonable ground to believe that the
political or social.
danger apprehended is imminent and that
the evil to be prevented is a serious one to
SEDITION TREASON the State; and
(ART. 139) (ART. 114) c. Present time element. Not only probable
but very likely inevitable.
Commotions or Violation by a subject
disturbances of the of his allegiance to 2. Dangerous tendency rule
State his sovereign a. Tend to create a danger of public uprising;
b. Easily produces disaffection; and
ART. 140. PENALTY FOR SEDITION c. Produces state of feelings incompatible
with a disposition to remain loyal to the
PERSONS LIABLE government.
1. Leader of the sedition; and
2. Other persons participating in the sedition PLEASE SEE SPL REVIEWER ON P.D. 1866 as
amended by R.A. 8294
ART. 141. CONSPIRACY TO COMMIT
SEDITION CHAPTER 2: CRIMES AGAINST
• There must be an agreement and a decision to POPULAR REPRESENTATION
rise publicly and tumultuously to attain any of
the objects of sedition in order to constitute the
crime of conspiracy to commit sedition. SECTION 1. – CRIMES AGAINST
• There is no proposal to commit sedition. LEGISLATIVE BODIES AND SIMILAR
BODIES
ART. 142. INCITING TO SEDITION
ART. 143. ACTS TENDING TO
PUNISHABLE ACTS
1. Inciting others to sedition by means of PREVENT THE MEETING OF THE
speeches, proclamations, writings, emblems, ASSEMBLY AND SIMILAR BODIES
etc;
2. Uttering seditious words, which disturb the ELEMENTS: PAM C prevents F (2)
public speech; and 1. A Projected or Actual Meeting of Congress or
3. Writing, publishing, or circulating scurrilous any of its committees or subcommittees,
libels against Government which tend to disturb constitutional commissions or committees or
public peace. divisions thereof, or of any provincial board or
city or municipal council or board; and
ELEMENTS OF ACT 1 – INCITING OTHERS TO 2. That the offender, who may be any person,
SEDITION prevents such meeting by force or Fraud.
D.I. SPC WEB (3)
1. That the offender Does not take a direct part NOTE:
in the crime of sedition; • The Chief of Police and mayor who prevented
2. That he Incites others to the accomplishment the meeting of the municipal council are liable
of any of the acts which constitute sedition; and under Art. 143, when the defect of the meeting
3. That the inciting is done by means of is not manifest and requires an investigation
Speeches, Proclamations, Writing, before its existence can be determined.
Emblems, Cartoons, Banners, or other
representations tending to the same end. JUST CAUSE
• If there is just cause for preventing a meeting,
UTTERING AND WRITING: WHEN PUNISHABLE the person doing so is not liable under this
(ACTS 2 & 3) article.

Page  16  of  123  


• Just cause must appear immediately and must
not be one assumed and proven later by an
investigation.
ART. 144. DISTURBANCE OF
PROCEEDINGS
ELEMENTS: AM –ID (3)
1. An Actual Meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council or
board; and
2. That the offender does any of the following
acts;
a. he Disturbs any of such meetings; or
b. he behaves while in the presence of any
such bodies in such a manner as to
Interrupt its proceedings or to impair the
respect due it.
NOTE:
Accused may also be punished for contempt by
the legislative body.
SECTION 2. – VIOLATION OF
PARLIAMENTARY IMMUNITY
ART. 145. VIOLATION OF
PARLIAMENTARY IMMUNITY
PUNISHABLE ACTS
1. Using force, intimidation, threats, or fraud to
prevent attendance, expression of opinion, or
casting of vote, of any member of Congress;
2. Arresting or searching member while Congress
is in regular or special session;
a. Unless the member is charged with a
crime with a penalty higher than prision
mayor;
b. However, to harmonize with the 1987
Constitution, the RPC provision should be
read as “a penalty of prision mayor or
higher”.
ELEMENTS OF ACT 1
1. Means: force, intimidation, threats, or fraud;
2. Purpose: To prevent any member of the
National Assembly from; ACE (3)
1. Attending a meeting;
2. Expressing opinion; or
3. Casting vote.
ELEMENTS OF ACT 2
1. Offender: Public officer or employee;
2. Arrests or searches any member of Congress;
3. During regular or special session; and
4. Member searched/arrested has not committed
a crime punishable by prision mayor or higher.
NOTES: Actual prevention not necessary
• It is not necessary that a member of Congress
is actually prevented from attending,
expressing his opinion, or voting.
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BOOK II – CRIMES AGAINST PUBLIC ORDER
• It is sufficient that offender had the purpose
and performed overt acts to achieve such
purpose.
PARLIAMENTARY IMMUNITY
• Protects from civil and criminal liability.
• Does not protect a member of Congress from
responsibility before the legislative body itself
whenever that member’s conduct is considered
inappropriate or unbecoming.
• Other members may, by votation, opt to
suspend, imprison, or expel unruly or otherwise
erring members of Congress.
CHAPTER 3: ILLEGAL ASSEMBLIES
AND ASSOCIATIONS
ART. 146. ILLEGAL ASSEMBLIES
TWO TYPES OF ILLEGAL ASSEMBLIES
1. Meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the RPC;
REQUISITES: MAP (3)
1) There is a Meeting – gathering or group of
persons whether fixed or moving;
2) Meeting is attended by Armed persons;
and
3) The Purpose of meeting is to commit any
of the crimes punishable under RPC; and
2. A meeting in which the audience, whether
armed or not, is incited to the commission of
the crimes of treason, rebellion or insurrection,
sedition or assault upon a person in authority or
his agent;
REQUISITES: M W N (2)
1) There is a Meeting – gathering or group of
persons whether fixed or moving; and
2) Audience Whether armed or Not is incited
to the commission of the crime of treason,
rebellion or insurrection, sedition or direct
assault.
PRESUMPTIONS WHEN A PERSON CARRIES
UNLICENSED FIREARM TO THE ASSEMBLY
1. Purpose of the meeting is to commit a crime
under the RPC insofar as he is concerned; and
2. Possessor is a leader or organizer of the
meeting.
PERSONS LIABLE FOR ILLEGAL ASSEMBLY
1. Organizers or leaders of the meeting; and
2. Persons merely present at the meeting (except
when presence is out of curiosity – not liable
since they do not have intent to commit the
felony of illegal assembly).
NOTES:
• Not all the persons present at the meeting of the
first form of illegal assembly need to be armed.
• If the audience is incited to commit rebellion or
sedition, the crimes committed are illegal
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assembly as regards the organizers or leaders

and persons merely present and inciting to
rebellion or sedition insofar as the one inciting
them is concerned. ELEMENTS: O KNOWS A-F-SI-SR PAPA OR
N.P.U (5)
ART. 147. ILLEGAL ASSOCIATIONS 1. Offender (a) makes an Attack, (b) employs
Force, (c) makes a Serious Intimidation,
KINDS OF ILLEGAL ASSOCIATIONS or (d) makes a Serious Resistance;
1. Those totally or partially organized for the 2. Person assaulted is a Person in Authority
purpose of committing a felony; and or his Agent;
2. Those totally or partially organized for purposes 3. At the time of the assault the person in
contrary to public morals. authority or his agent
a. is engaged in the actual performance
PERSONS LIABLE of official duties (motive is not
1. Founders and Presidents; and essential); or
2. Members. b. is assaulted by reason of the past
performance of official duties (motive
DISTINGUISHING ILLEGAL ASSEMBLY FROM is essential);
ILLEGAL ASSOCIATIONS 4. That the offender knows that the one he is
assaulting is a person in authority or his
ILLEGAL agent (with intention to offend, injure or
ILLEGAL ASSEMBLY assault); and
ASSOCIATION
Not necessary that there Actual meeting or 5. No Public Uprising.
be an actual meeting; assembly necessary;
It is the act of forming or NOTES:
It is the meeting and • Offended part here is either a person in
organizing and
attendance at such authority of an agent of a person in authority.
membership in the
meeting that are • When the offended party is no longer a person
association that are
punished; and in authority (retired judge), the offender cannot
punished; and
Persons liable: Persons liable: be held liable for direct assault even if the
founders, directors, organizers, or leaders, attack is by reason of the former’s past
president, and and persons present at performance of official duties.
members. the meeting.
REQUIRED DEGREE OF FORCE, INTIMIDATION,
OR RESISTANCE FOR LIABILITY TO ATTACH
UNDER THIS ARTICLE
CHAPTER 4: ASSAULT UPON AND
RESISTANCE AND DISOBEDIENCE TO
PERSONS IN AUTHORITY AND THEIR FORCE INTIMIDATION/
EMPLOYED RESISTANCE
AGENTS
Person in Need not be
Serious
ART. 148. DIRECT ASSAULT Authority serious
Must be of
TWO FORMS OF DIRECT ASSAULT Agent serious Serious
1. Without public uprising, by employing force or character
intimidation for attainment of any of the
purposes enumerated in defining the crimes of
st GENERAL RULE: Direct assault is always
rebellion and sedition (1 form);
complexed with the material consequence of the
act (Ex. direct assault with murder).
ELEMENTS: F-IN AIM NO PU (3)
a. Offender employs Force or INtimidation; EXCEPTION: If resulting in a light felony, the
b. AIM of offender is to attain any of the consequent crime is absorbed.
purposes of the crime of rebellion or
sedition; and NOTES:
c. That there is NO Public Uprising.
• Resistance to the person in authority or his
agent must be active to constitute a crime under
NOTES:
this article. It cannot be passive, as when one
• Offended party here may be a private person throws himself on the ground and refuses to
• Without public uprising, by attacking, by follow orders given by a person in authority to
employing force or by seriously intimidating move.
or by seriously resisting any person in • Even when the person in authority or the
authority or any of his agents, while engaged in agent agrees to fight, direct assault is still
the performance of official duties, or on the
nd committed.
occasion of such performance. (2 form)
• Even another person in authority can be guilty of
assault upon a person in authority or his agent.
However, there can be no assault upon or

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disobedience to one’s authority by another
person in authority or his agent when they both
contend that they were in the exercise of their
respective duties.
• A person in authority or his agent is not in the
actual performance of official duties when he:
o Exceeds his powers,
o Uses unnecessary force or violence, or
o Descends into matters, which are private
in nature.
• Knowledge of the accused that the victim is a
person in authority or his agent is essential and
such knowledge must be alleged in the
information.
• Evidence of motive of the offender is important
when the person in authority or his agent who
is attacked or seriously intimidated is not in the
actual performance of his official duty.
• Direct assault may be committed upon a
private person who comes to the aid of a
person in authority since he is then considered
an agent of a person in authority.
• Direct assault cannot be committed during
rebellion. Crime of slight physical injuries is
absorbed in direct assault.
• One’s right against unreasonable searches to
be conducted in the middle of the night when
the officers are limited to “plain view search”
cannot be equated to disobedience
QUALIFYING CIRCUMSTANCES
1. When the assault is committed with a weapon;
2. When the offender is a public officer or
employee; or
3. When the offender lays hand upon a person in
authority
ART. 149. INDIRECT ASSAULT
ELEMENTS: V-PAPA FIN ON AID (3)
1. A Person in Authority or Agent is the victim of
any of the forms of direct assault in the
previous article;
2. A Person comes to the Aid of such victim; and
3. Offender makes use of Force or INtimidation
upon such person.
OFFENDED PARTY
• May be a private person.
• A private person who comes to the rescue of
an authority or his agent enjoys the privileges
of the latter.
NOTES:
• Direct assault must have been committed first
before this article can be applicable.
• If, while a person in authority or his agent is
performing his duty and someone helps him,
and then the helper is attacked by a person,
without however attacking the person in
authority or agent, it is not indirect assault.
ART. 150. DISOBEDIENCE TO
SUMMONS ISSUED BY THE
CONGRESS, ITS COMMITTEES OR
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BOOK II – CRIMES AGAINST PUBLIC ORDER
SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEES, OR
DIVISIONS.
PUNISHABLE ACTS
1. By refusing, w/o legal excuse, to obey
summons issued by the Congress or any of its
committees or subcommittees, Constitutional
committees or by any commission or
committee chairman or member authorized to
summon witnesses;
2. Refusal of any person present before a
legislative or constitutional body or official to:
to be sworn or placed under affirmation;
3. By refusing to answer any legal inquiry; or to
produce books, documents, records etc. when
required to do so by the said bodies in the
exercise of their functions;
4. Restraining another from attending as
witness in such body; or
5. Inducing disobedience to a summons or
refusal to be sworn.
ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF
SUCH PERSONS
PUNISHABLE ACTS
1. Resistance or serious disobedience; and
2. Simple disobedience.
ELEMENTS OF RESISTANCE OR SERIOUS
DISOBEDIENCE PAPA O RSD (3)
1. Person in Authority or his Agent is engaged in
performance of official duties;
2. The Offender Resists or Seriously Disobeys;
and
3. Acts of the offender are not included in Arts.
148-150
NOTE: There can be no resistance and serious
disobedience on occasion of the performance of
official duties. There always has to be an actual
performance of duties when the resistance or
serious disobedience is made.
ELEMENTS OF SIMPLE DISOBEDIENCE: EG-D-
NS (3)
1. Agent is Engaged in the performance of official
duty or Gives a lawful order;
2. Offender Disobeys such duty; and
3. Disobedience is Not of a Serious nature.
NOTE:
Only agents can be the victims of simple
disobedience
DISOBEDIENCE
• The disobedience must be a failure to comply
with orders directly issued by authorities to the
person in the exercise of official functions.
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• The disobedience contemplated under this AGENTS

article is not disobedience to a law or a failure • Those who, by direct provision of law, or by
to comply with some legal provision. election, or appointment by competent
• The word “serious” in this article refers only to authority, are charged with the maintenance of
disobedience, and not to resistance. Serious public order and the protection and security of
resistance is punished under Art. 148. life.
• Any person who comes to the aid of persons in
NON-DELIBERATE ATTACK OR EMPLOYMENT authority.
OF FORCE
• If it is not deliberate, it is only resistance or NOTE: In applying the provisions of Articles 148
serious disobedience. and 151 of the RPC, teachers, professors and
• A non-deliberate attack shows a lack of intent persons charged with the supervision of public or
to ignore, disregard, or defy authority.
duly recognized private schools, colleges and
universities, and lawyers in the actual performance
of their professional duties or on the occasion of
such performance, shall be deemed persons in
NOTE: No crime authority. (P.D. No. 299, and Batas Pambansa Blg.
1. When accused did not have knowledge that the 873).
person arresting him was a peace officer and
he resisted; and
2. When person in authority or agent exceeds his CHAPTER 5: PUBLIC DISORDERS
rights and duties.
ART. 153. TUMULTS AND OTHER
DISTINGUISHING DIRECT ASSAULT FROM DISTURBANCES OF PUBLIC ORDER
RESISTANCE AND SERIOUS DISOBEDIENCE
PUNISHABLE ACTS
RESISTANCE OR 1. Causing any serious disturbance in a public
DIRECT ASSAULT SERIOUS place, office, or establishment;
DISOBEDIENCE 2. Interrupting or disturbing performances,
functions, or gatherings, or peaceful
Authority/agent must meetings, if the act is not included in Arts. 131
The persons in authority
be in performance of and 132;
or his agent must be in
official duties or was 3. Making any outcry tending to incite rebellion or
actual performance of
assaulted by reason sedition in any meeting, association, or public
his duties;
thereof; place;
4. Displaying placards or emblems which
provoke a disturbance of public order in such
place; and
Committed in 4 ways:
Committed only by 5. Burying with pomp the body of a person who
1) attacking,2)
resisting or seriously has been legally executed.
employing force,
disobeying a person in
3) seriously
authority or his agent; QUALIFYING CIRCUMSTANCE
intimidating, 4) st nd
and a.• If the 1 or 2 act is tumultuous in character,
seriously resisting; and
the penalty next higher in degree shall be
imposed.
No force is employed, or b.• TUMULTUOUS – caused by more than
Attack or employment
if person resisted is only 3persons who are armed or provided with
of force must be
agent, only slight force means of violence.
serious and deliberate
is used
NOTES:
• Serious disturbance must be planned or
ART. 152. PERSONS IN AUTHORITY intended.
AND AGENTS OF PERSONS IN • If the act of disturbing or interrupting a meeting
AUTHORITY — WHO SHALL BE or religious worship is committed by a private
DEEMED AS SUCH individual, or even by a public officer who is a
participant in the meeting or religious worship
PERSONS IN AUTHORITY which he disturbs or interrupts, this article is
• Directly vested with jurisdiction, whether as an applicable.
individual, or as a member of some court or • This crime may be complexed with physical
governmental corporation board or injuries if, in the course of causing a
commission. disturbance, offenders injure other people.
• One who has the power or authority to govern (People v. Bacolod, 89 Phil. 621 as cited in
and execute laws. Reyes)
• Not every public officer is a person in authority. • Burying with pomp means ostentatious display
of a burial.

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3. Disturbing the public peace while wandering

DISTINGUISHING INCITING TO SEDITION OR about at night or while engaged in any other
REBELLION FROM PUBLIC DISORDER nocturnal amusement; and
4. Causing any disturbance or scandal in
RD
3 ACT PUNISHABLE public places while intoxicated or otherwise,
INCITING TO UNDER TUMULTS provided the act is not covered by Art. 153
SEDITION OR AND OTHER (tumults).
REBELLION DISTURBANCES OF
PUBLIC DISORDER NOTES:
May be done through Done only through • CHARIVARI – mock serenade or discordant
speech or writing; speech (outcry); noises made with kettles, tin horns etc.,
More of an unconscious designed to deride, insult or annoy.
Done with intent to
outburst which is not • Firearm must not be pointed at a person,
induce the hearers or
intentionally calculated otherwise, it is illegal discharge of firearm
readers to commit the
to induce others to (Art. 254).
crime of rebellion or
commit such crimes; • For discharging any firearm, etc, the act must
sedition; and
and produce alarm or danger as a consequence. It
The nature of the speeches in both acts are either is the result, not the intent, that counts
rebellious or seditious. • Using firecrackers during fiestas are not
punishable under this article.
ART. 154. UNLAWFUL USE OF MEANS
OF PUBLICATION AND UNLAWFUL ART. 156. DELIVERING A PERSON
UTTERANCES FROM JAIL

PUNISHABLE ACTS ELEMENTS (2)

1. Publishing or causing to be published, by
means of printing, lithography or any other
means of publication as news any false news
which may endanger the public order, or
cause damage to the interest or credit of the
State;
2. Encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by law,
by the same means or by words, utterances or
speeches;
3. Maliciously publishing or causing to be
published any official resolution or
document without proper authority, or before
they have been published officially; and
4. Printing, publishing or distributing or (causing
the same) books, pamphlets, periodicals or
leaflets which do not bear the real printer’s
name, or which are classified as
anonymous.
NOTES:
1.• Actual public disorder or actual damage to
the credit of the State is not necessary. The
mere possibility of causing such danger or
damage is sufficient.
2.• R.A. 248 prohibits the reprinting,
reproduction or republication of government
publications and official documents without
previous authority.
ART. 155. ALARMS AND SCANDALS
PUNISHABLE ACTS:
1. Discharging any firearm, rocket, firecracker, or
other explosive within any town or public place,
calculated to cause (which produces) alarm or
danger;
2. Instigating or taking active part in any charivari
or other disorderly meeting offensive to another
or prejudicial to public tranquility;
1. Person is confined in jail or penal
establishment; and
2. Offender removes such person there from or
helps the escape of such person.
APPLICABILITY OF ARTICLE
• Applicable even if escapee is merely a
detention prisoner.
• Applicable if escapee came from a hospital or
asylum as these are considered extensions of
the penal institution.
POSSIBLE OFFENDERS
• This crime is usually committed by an outsider.
• May be committed by an employee, provided
that he does not have custody or charge of
such a person, or is otherwise off duty.
VIOLATION, INTIMIDATION, OR BRIBERY
• Not necessary elements of the offense. The
offense can be committed by employing “other
means.”
• The offender is penalized with a higher penalty
if he commits the crime using violence,
intimidation, or bribery.
• Bribery as contemplated in this article – the act
of bribing someone as a means to remove
prisoner from jail, not the act of accepting a
bribe.
LIABILITY:
1.• Person delivering detainee from jail may be
held liable as an accessory if the person helped
has committed treason, murder, or parricide,
because the person delivering assists in the
escape of the principal.
2.• A prisoner who leaves cannot be held liable
under this article.
a.o If he is a prisoner by final judgement, he
may be liable under Art. 157.

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b.o If he is merely a detention prisoner, he is
not liable since he has no sentence to be
evaded.
CHAPTER 6: EVASION OF SERVICE OF
SENTENCE
ART. 157. EVASION OF SERVICE OF
SENTENCE
ELEMENTS (3)
1. That the offender is a convict by final judgment;
2. That he is serving his sentence which consists
in deprivation of liberty (destierro included); and
3. That he evades the service of his sentence by
escaping during the term of his sentence
NOTES:
• This is a continuing offense.
• This article does not apply to minor
delinquents, detention prisoners, or deportees.
• If the offender escaped within the 15-day
appeal period, crime is not evasion because
judgment is not yet final.
CIRCUMSTANCES QUALIFYING THE OFFENSE:
EVASION OF SENTENCE WAS DONE
THROUGH:
•1. Unlawful entry (by “scaling”);
•2. Breaking doors, windows, gates, walls, roofs or
floors;
•3. Using picklocks, false keys, disguise, deceit,
violence or intimidation; or
•4. Connivance with other convicts or employees
of the penal institution.
ART. 158. EVASION OF SERVICE OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
ELEMENTS (4)
1. Offender is convict by final judgment confined
in a penal institution;
2. There is a disorder resulting from conflagration,
earthquake, explosion, similar catastrophes, or
a mutiny in which the offender did not
participate;
3. The offender subsequently evades the service
of his sentence by leaving the penal institution;
and
4. Offender fails to give himself up to the
authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
NOTES:
• Applicable only to convicts by final judgment.
• What is punished is not the leaving of the penal
institution, but the failure of the convict to give
himself up.
• MUTINY – an organized and unlawful
resistance to a superior officer.
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BOOK II – CRIMES AGAINST PUBLIC ORDER
a.o There is no mutiny if the prisoners
disarmed the guards and escaped,
because the guards are not their superior
officers.
ART. 159. OTHER CASES OF EVASION
OF SERVICE OF SENTENCE
ELEMENTS (3)
1. That the offender was a convict;
2. That he was granted a conditional pardon by
the Chief Executive; and
3. That he violated any of the conditions of such
pardon.
PENALTIES
1. Prision correccional in its minimum period – if
the penalty remitted does not exceed 6 years.
2. The unexpired portion of his original sentence
– if the penalty remitted is higher than 6
years.
NOTE: Offender must have been found guilty of the
subsequent offense (through w/c he violated his
conditional pardon) before he can be prosecuted
under this Article. But under the Revised Admin.
Code, no conviction is necessary. President has the
power to arrest, and reincarcerate offender without
trial.
CHAPTER 7: COMMISSION OF
ANOTHER CRIME DURING SERVICE
OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE
ART. 160. COMMISSION OF ANOTHER
CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE
ELEMENTS (2)
1. That the offender was already convicted by
final judgment of one offense; and
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same.
QUASI-RECIDIVISM
1.• Special aggravating circumstance. The effect is
to impose the maximum period applicable for
the subsequent felony.
2.• Cannot be offset by ordinary mitigating
circumstances, but only privileged ones, such
as minority.
3.• Quasi recidivism involves two crimes.
st
1.o The 1 one may be any crime, whether
punished under the RPC or special laws.
nd
2.o The 2 one, which is committed before
serving sentence for the first one, or while
serving the same, should be a felony.
i.§ This is because Art. 160 speaks
of “the maximum period” of the
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 BOOK II – CRIMES AGAINST PUBLIC ORDER

 

penalty prescribed by law for the

new felony.
ii.§ Penalties prescribed by special
laws have no periods, unlike
felonies in the RPC.
3.o Does not require that both crimes are
embraced in the same title of the Code.
4.• Different from reiteracion, which requires that
the offender first finishes serving out his
sentence before committing another crime.
5.• Different from recidivism, where the first and
second offense must be embraced in the same
title of the Code.

PARDON
1.• When one reaches the age of 70 and he has
served out his original sentence, he may be
pardoned.
2.• He may also be pardoned if he finishes serving
the original sentence only after he reaches 70.
3.• Reasons for not pardoning person
a.1. Habitual criminal; or
b.2. If his conduct or other circumstances
shows he is not worthy of such clemency.

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 BOOK II – CRIMES AGAINST PUBLIC INTEREST
 

3. In case of uttering, offender should be in

connivance with either counterfeiter of importer.
IV. CRIMES AGAINST PUBLIC
NOTES:
INTEREST • A coin is counterfeit if it is forged, or if it is not
authorized by the government as legal tender,
regardless of its intrinsic value.
• Counterfeiting is the imitation of legal or
CHAPTER 1: FORGERIES genuine coin such as to deceive an ordinary
person in believing it to be genuine.
SECTION 1 – FORGING THE SEAL OF • To utter is to pass counterfeited coins, sell,
THE GOVERNMENT OF THE deliver or give away.
PHILIPPINE ISLANDS, THE • To import is to bring them into port. Importation
is complete even before entry at the Customs
SIGNATURE OR THE STAMP OF THE House.
CHIEF • This article also applies to Philippine coins,
foreign state coins, and coins withdrawn
ART. 161. COUNTERFEITING THE from circulation. This does not require that
GREAT SEAL OF THE GOVERNMENT the coins counterfeited be legal tender.
• When a real coin is made to appear like a coin
OF THE PHILIPPINE ISLANDS, with higher value by painting, etc. the crime is
FORGING THE SIGNATURE OR STAMP estafa because the coin is genuine.
OF THE CHIEF EXECUTIVE
ART. 164 – MUTILATION OF COINS;
PUNISHABLE ACTS IMPORTATION AND UTTERANCE OF
•1. Forging the Great Seal of the Government;
COINS
•2. Forging the signature of the President; and
•3. Forging the stamp of the President. PUNISHABLE ACTS
1. Mutilating coins of legal currency with the
NOTE: further requirement that there be intent to
When the signature of the President is forged, it is damage or to defraud another; and
not falsification but forging of signature of the Chief 2. Importing or uttering such mutilated coin with
Executive under this article. the further requirement that there must be
connivance with the mutilator or importer in
ART. 162. USING FORGED SIGNATURE OR case of uttering.
COUNTERFEIT SEAL OR STAMP
NOTES:
ELEMENTS (3)
• Mutilation is to take off part of the metal either
1. Great seal was counterfeited or
by filing it or substituting it for another metal of
signature/stamp forged;
inferior quality, to diminish by ingenious means
2. Offender knew of such counterfeiting or
the metal in the coin.
forgery; and
• Foreign NOTES and coins not included under
3. Offender uses such fake seal, stamp, or
this article. Mutilation must be of Philippine
signature.
legal tender.
NOTES: • There must be intention to mutilate.
1.• The offender in this article should not be the • Coins must always be real and legal tender.
one who did the counterfeiting or forgery, • Mutilating alone is punishable, but importing or
otherwise, he will be liable under the previous uttering must be concurrent with connivance.
paragraph.
2.• Offender is punished under this article with a ART. 165. SELLING OF FALSE OR
penalty one degree lower than that provided in MUTILATED COINS WITHOUT
the next preceding article, even if his act is that CONNIVANCE
of an accessory to the crime of counterfeiting
the great seal or forging the stamp or signature. PUNISHABLE ACTS
1. Possession with intent to utter coin
SECTION 2 – COUNTERFEITING COINS counterfeited or mutilated by another; and
2. Actually uttering, while knowing coins to be
false or mutilated.
ART. 163. MAKING, UTTERING, AND
IMPORTING FALSE COINS ELEMENTS OF ACT NO. 1 (3)
1. Possession
ELEMENTS (3) • Covers possession in general, from actual
1. There are false or counterfeited coins; possession to constructive possession;
2. Offender made, imported, or uttered said coins; 2. Intent to utter; and
and 3. Knowledge that the coins are forged/mutilated.

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 BOOK II – CRIMES AGAINST PUBLIC INTEREST
 

of deposit, checks, drafts for money, and

ELEMENTS OF ACT NO. 2 (2) sweepstakes money.
1. Actually uttering such coins; and • Forging PNB checks is not included under this
2. Knowledge that the coins are forged/mutilated. article. That is falsification of commercial
document under Article 172.
LEGAL TENDER
•1. This article does not require that the coin being ART. 167. COUNTERFEITING,
uttered is legal tender. IMPORTING, OR UTTERING
•2. But if the coin being uttered or possessed is a
mutilated coin, it must be legal tender,
INSTRUMENTS NOT PAYABLE TO
because of Art. 165. BEARER

PUNISHING POSSESSION AND UTTERANCE ELEMENTS (3)

1. The possession or utterance punished under 1. There is an instrument payable to order or
this article is that which is done without other document not payable to bearer;
connivance with the original forgers, mutilators, 2. The offender forges such document or imports
or importers. or utters such forged instrument; and
2. If, along with possession or utterance, one is 3. In case of uttering, the offender is in
also the author or the mutilation or forgery, he connivance with the forgers or importers.
will be liable under either Arts. 164 or 165.
3. Possession and utterance must always be with NOTE:
the knowledge that these are forged or Applies only to cheques payable to order of a
mutilated coins. Knowledge need not be specific person named
expressed, but may be inferred from acts of the
offender. ART. 168. ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK
NOTE: This article contemplates WITH or
NOTES AND OTHER INSTRUMENTS OF
WITHOUT connivance.
CREDIT
SECTION 3 – FORGING TREASURY OR ELEMENTS (3)
BANK NOTESS, OBLIGATIONS AND 1. Documents in the preceding articles are forged
SECURITIES; IMPORTING AND or falsified by another person;
UTTERING FALSE OR FORGED 2. Offender knows them to be forged or falsified;
3. He performs any of these acts:
NOTES, OBLIGATIONS AND a. using any of such forged or
SECURITIES falsified instruments; or
b. possessing with inetnt to use any
ART. 166. FORGING TREASURY OR of such forged or falsified
instruments.
BANK NOTES, OR OTHER
NOTES:
DOCUMENTS PAYABLE TO BEARER; • The act sought to be punished is knowingly
IMPORTING AND UTTERING SUCH possessing with intent to use any of such
FALSE OR FORGED NOTES OR forged treasury or bank notes.
DOCUMENTS • The accused has the burden to give a
satisfactory explanation of his possession of
PUNISHABLE ACTS forged bills. Mere possession of false money
1. Forging or falsification of treasury or banking bill, without intent to use it to the damage of
NOTESs or other documents; another, is not a crime.
2. Importation of such false or forged obligations • A person in possession of falsified document
or NOTES; and and who makes use of the same is presumed
3. Uttering such in connivance with the forgers or to be material author of falsification.
importers.
ART. 169. HOW FORGERY IS
NOTES: COMMITTED
• Forging is committed by giving a treasury or
bank NOTES or any instrument payable to WAYS FORGERY IS COMMITTED:
bearer or order an appearance of a true and 1. Giving any document mentioned in preceding
genuine document. articles the appearance of a true/genuine
• Falsification is committed by erasing, document; and
substituting, counterfeiting or altering by any 2. Erasing, substituting, counterfeiting, or altering
means the figures and letters, words, signs what is in the document.
contained therein.
• Obligation or security includes bonds,
certificate of indebtedness, bills, national bank
NOTES, coupons, treasury NOTES, certificates

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abuse of office, he will be punished as a private

SECTION 4 – FALSIFICATION OF citizen.
LEGISLATIVE, PUBLIC, COMMERCIAL, DOCUMENT
AND PRIVATE DOCUMENTS, AND 1. Any written statement by which a right is
WIRELESS TELEGRAPH AND established or an obligation extinguished.
TELEPHONE MESSAGES 2. Must be complete or have the appearance of a
true and genuine document.
FORGERY FALSIFICATION 3. Must be of apparent legal efficacy.
4. Pars. 6, 8, and the second part of par. 7
Used in Art 169 which The commission of any
require a genuine document, while the others
refers to the of the eight acts
do not.
falsification and mentioned in Art 171 on
counterfeiting of legislative, public or
treasury or bank notes official, commercial, or NOTE: Even if the document is originally a private
or any instruments private documents, or document, if it is in the official custody of the public
payable to bearer or wireless, or telegraph officer or employee or if it forms part of the official
holder messages record when it is falsified by the public officer or
employee, then the crime committed should be
punished under this article
ART. 170. FALSIFICATION OF
LEGISLATIVE DOCUMENTS ST
1 ACT: COUNTERFEITING OR IMITATING ANY
SIGNATURE, HANDWRITING OR RUBRIC
ELEMENTS (4)
1. There is a bill, resolution, or ordinance enacted, TWO WAYS UNDER THIS PARAGRAPH
approved, or pending approval by Congress or 1. COUNTERFEITING – imitating any
any provincial or municipal council/board; handwriting, signature or rubric; and
2. The offender alters it; 2. FEIGNING – simulating a signature,
3. He has no proper authority to do so; and handwriting, or rubric out of one which does not
4. Alteration has changed the meaning of the exist.
document.
REQUISITES (2)
NOTES: 1. Intent or attempt to imitate; and
• The bill, resolution, or ordinance must be 2. Some resemblance between the genuine and
genuine. This article does not cover a forged handwriting, signature, or rubric
fabricated or simulated legislative document.
• Offender can be any person, for as long as he INTENT
has no authority. 1. If there is sufficient resemblance between the
• This article only punishes alteration which genuine and the forged signatures, it can be
changes its meaning. Any other tampering with concluded that the accused had intention to
legislative documents is covered under Art. 171 imitate signature.
or 172. 2. There can be no “intent” to counterfeit or
imitate if the person had authority to sign.
ART. 171. FALSIFICATION BY PUBLIC
RESEMBLANCE
OFFICER OR EMPLOYEE, OR NOTARY 1. Imitation need not be perfect.
OR ECCLESIASTICAL MINISTER 2. Resemblance must be such that is likely to
deceive an ordinary person dealing with the
ELEMENTS (4) document

1. Offender: Public officer, employee, INSTANCES WHEN A FILIPINO CITIZEN

ecclesiastical minister, or notary public;
2. Takes advantage of his official position;
3. Falsifies a document by committing any of the
acts mentioned in the article; and
4. In case the offender is an ecclesiastical
minister, that the falsification be committed with
respect to civil status of persons.
RESIDING IN THIS COUNTRY CAN USE AN
ALIAS LEGALLY (RA NO. 6085):
1. As a pseudonym in cinema and other
entertainment field
2. As a pen name in literary composition or work
3. As a pseudonym in television and radio
broadcasting

TAKES ADVANTAGE/ABUSE OF OFFICIAL 2

ND
ACT: CAUSING IT TO APPEAR THAT
POSITION PERSONS HAVE PARTICIPATED IN ANY ACT
1. He has duty to make or prepare, or otherwise OR PROCEEDING WHEN THEY IN FACT DID
intervene in a preparation of a document; and NOT SO PARTICIPATE.
2. He has the official custody of the documents
which he falsifies. ELEMENTS (2)
1. Offender caused it to appear in a document
NOTE: Even if the offender is a public officer or that a person has participated in an act or
employee, if the offense was not committed with proceeding; and

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 BOOK II – CRIMES AGAINST PUBLIC INTEREST
2. Persons did not in fact participate.
NOTES:
• Imitation of a signature is not required in this
article.
• If performed by a private person, as with all
acts under Art. 171, Art. 172 should be applied.
RD
3 ACT: ATTRIBUTING TO PERSONS WHO
HAVE PARTICIPATED IN AN ACT OR
PROCEEDING STATEMENTS OTHER THAN
THOSE IN FACT MADE BY THEM
ELEMENTS (3)
1. Persons participated in an act or proceeding;
2. Persons made statements in that proceeding;
and
3. Offender attributed to such person or persons
statements other than those in fact made.
TH
4 ACT: MAKING UNTRUTHFUL STATEMENTS
IN A NARRATION OF FACTS
ELEMENTS (4)
1. Offender makes narration of facts;
2. There was a legal obligation to disclose the
truth;
3. Facts narrated are absolutely false; and
4. Wrongful intent of injuring a third person
NARRATION OF FACTS
1. Must be narration of facts, not conclusions of
law; and
2. Does not include mistakes in judgment
LEGAL OBLIGATION
1. There is a law requiring the disclosure of the
truth of the facts narrated.
2. If the law does not require a piece of
information, even if accused lied about that
info, he is not liable.
3. Legal obligation is inherent in residence
certificate.
ABSOLUTELY FALSE
1. Offender must be aware of falsity.
2. If the statements are not altogether false, there
being some colourable truth in such
statements, the crime of falsification is not
deemed to have been committed.
WRONGFUL INTENT
1. A person is not guilty if he was not animated by
desire to do wrong or to injure a third person.
2. Good faith is a defense. If offender believed
what he put was true, he is not liable.
NOTES:
1. Even if consent for contract was obtained by
violence, it does not make facts narrated in it
false.
2. There can be falsification by omission.
TH
5 ACT: ALTERING TRUE DATES
NOTES:
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 123
• There is falsification only when the date
mentioned in the document is essential.
• Change of date must affect the veracity of the
document or the effects/meaning thereof.
TH
6 ACT: MAKING ANY ALTERATION OR
INTERCALATION IN A GENUINE DOCUMENT
WHICH CHANGES ITS MEANING
ELEMENTS (4)
1. Alteration (change) or intercalation (insertion)
on a document;
2. Made on a genuine document;
3. Alteration or intercalation has changed its
meaning; and
4. Meaning of the document is now false.
CHANGES ITS MEANING
1. Change the effects which it would otherwise
produce; and
2. Unless that happens, there could not exist an
essential element or intention to commit a
crime.
MEANING IS NOW FALSE
1. Alteration which speaks the truth is not
falsification.
2. Must be alteration/intercalation which causes
the instrument to speak a language different in
legal effect from what it originally spoke.
TH
7 ACT: ISSUING IN AN AUTHENTICATED
FORM A DOCUMENT PURPORTING TO BE A
COPY OF AN ORIGINAL DOCUMENT WHEN NO
SUCH ORIGINAL EXISTS, OR INCLUDING IN
SUCH A COPY A STATEMENT CONTRARY TO,
OR DIFFERENT FROM, THAT OF THE GENUINE
ORIGINAL
OFFENDER
1. Committed only by a public officer or notary
public who takes advantage of his official
position.
2. If private individual is in conspiracy with
offender, he is guilty of this crime and incurs
the same liability and penalty as public officer.
INTENT TO GAIN OR PREJUDICE
1. The idea of gain or intent to cause damage to a
third person is not necessary.
2. It is the official character of the offender which
is mainly taken into consideration.
3. Interest of the community which is intended to
be guaranteed.
TH
8 ACT: INTERCALATING ANY INSTRUMENT
OR NOTES RELATIVE TO THE ISSUANCE
THEREOF IN A PROTOCOL, REGISTRY, OR
OFFICIAL BOOK
NOTES:
• Contemplates the changing entries in records
such as the local civil registry.
• Malicious intent not necessary.
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 BOOK II – CRIMES AGAINST PUBLIC INTEREST

 

ART. 172. FALSIFICATION BY PRIVATE

INDIVIDUAL AND USE OF FALSIFIED FOUR KINDS OF DOCUMENTS
1. Public document
DOCUMENTS a. Issued by public official in response to the
exigencies of public service;
PUNISHABLE ACTS b. Public official intervened in execution; and
1. Falsification of public, official or commercial c. Notarized by a notary public or a
document by private individual; competent public official with required
2. Falsification of private document by any solemnities.
person; and
3. Use of falsified document in a judicial 2. Official document
proceeding, or to the prejudice of another in a. Issued by a public official in the exercise
any other proceeding. of the functions of his office; and
b. All pleadings filed with the court are public
ELEMENTS OF ACT NO.1 (3) or official documents.
1. Offender: private individual or public officer not
taking advantage of position; 3. Commercial document
2. Committed any act of falsification under Art. a. Defined and regulated by Code of
171 Commerce;
a. Exception: Par.7 which by definition b. Promote or facilitate trade; and
cannot be committed by private c. Cash disbursement vouchers not included.
individual/public officer not taking
advantage of position because the 4. All other writings are private.
authentication of a document can be made
only by the custodian or the one who PRIVATE DOCUMENTS CONSIDERED PUBLIC
papared and retained a copy pf the original 1. Deed which was privately falsified, but then
document; and presented to the notary public by the falsifier for
3. Public/official/commercial document. acknowledgment.
2. If private document becomes part of an official
ELEMENTS OF ACT NO.2 (3) record and is certified by a public officer duly
1. Offender committed any of the acts of authorized by law.
falsification;
2. Private document; PRESUMPTIONS
3. Damage to a third party or at least intent to 1. Possessor and utterer of a falsified document is
cause such damage; presumed to be the author of the falsification.
a. Need not be material; 2. Especially if accused has sufficient and strong
b. Damage to one’s honor is included; and motive.
c. Effect need not be to profit offender for as a. “The fact that petitioner benefitted and
long as it damaged another. even profited from the falsified notarized
Release of Real Estate Mortgage are
ELEMENTS OF ACT NO.3 (JUDICIAL strong indications that she participated in
PROCEEDING) (3) the falsification of the same document.”
1. Offender knew document was falsified by (Nierva v. People, G.R. No. 153133 2006)
another;
2. Document is embraced in Art. 171, or nos. 1 or COMPLEXED WITH ESTAFA
2 of Art. 172; and 1. There is a complex crime of falsification of a
3. Introduced in evidence in judicial proceeding . public, official, or commercial document, with
estafa.
ELEMENTS OF ACT NO.3 (ANY OTHER 2. There is no such complex crime if what is
PROCEEDING) (3) involved is a private document.
1. Offender knew document was falsified by a. Reason: To be punishable, falsified private
another; documents need to be accompanied by
2. Embraced in Art. 171, or nos. 1 or 2 of Art. 172; damage, or intent to damage a third
3. Used such document (not in judicial person. What would be damage from an
proceeding); and act constituting estafa actually merely
4. Use caused damage to another or it was used consummates the crime of falsification of a
with intent to cause such damage. private document.
b. Distinguish from a public document which
DAMAGE OR INTENT TO DAMAGE A THIRD needs no damage to a third party to be
PARTY punishable. Any damage resulting from
1. Only necessary when falsifying private such use of the document could be
documents, or using any falsified document in attributed to a separate crime such as
proceedings other than judicial proceedings. estafa, because damage is not an element
2. Not necessary when falsifying a public, official, of falsification of a public document.
or commercial document. c. If a private document is falsified to conceal
3. Also not necessary when documents are used the misappropriation of money or other
in judicial proceedings. personal property which has been in the

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possession of the offender, the crime 2. Can be held guilty as a principal by

comitted is estafa with abuse of confidence inducement, if he induced such public or
only. government employee to perform punishable
acts.
DISTINGUISHING PRIVATE FROM PUBLIC 3. Connection with telecommunications network is
DOCUMENT not necessary to commit third act. Any person
can be held liable for the use of falsified
PRIVATE PUBLIC/OFFICIAL dispatch.
Principal thing punished is
NOTE: Current Telecommunication companies like
Prejudice to a third the violation of public faith
Globe, Sun, Smart are not contemplated by this
party is primarily and the preservation of
article as corporation engaged in sending or
taken into account; truth which the document
receiving messages since no operator actually
solemnly proclaims;
intervenes. They merely provide the conduit to
If such damage is not
facilitate message exchange.
apparent, or there is
Immaterial whether or not
at least no intention
some prejudice has been SECTION 5 – FALSIFICATION OF
to cause it, the
caused to third persons
falsification is not MEDICAL CERTIFICATES,
punishable CERTIFICATES OF MERIT, SERVICE,
NOTES:
AND THE LIKE
• Falsification is consummated the moment the
genuine document is altered or the moment the ART. 174 – FALSE MEDICAL
false document is executed. CERTIFICATE, FALSE CERTIFICATES
• There may be a frustrated stage if falsification OF MERIT OR SERVICE, ETC.
is imperfect.
• Usage, which is not an element of falsification, PERSONS LIABLE
is punished separately from actual falsification. 1. Physician or surgeon, for falsifying a medical
o It cannot be deemed necessarily included certificate;
in the crime of falsification of a public 2. Public officer, for falsifying a certificate of merit,
document by a public officer or employee service, good conduct, or other similar
or by a private person. circumstances; and
o May be a lesser offense. 3. Private individual, for falsifying any of the
documents mentioned in the first two acts.
ART. 173. FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH, AND “SIMILAR CIRCUMSTANCES”
1. Similar to merit, service, or good conduct.
TELEPHONE MESSAGES, AND USE OF 2. Thus, certificates pertaining to ownership of
FALSIFIED MESSAGES property are not included.

PUNISHABLE ACTS ART. 175 – USING OF FALSE

1. Uttering fictitious messages;
2. Falsifying messages; and
CERTIFICATES
3. Using falsified messages.
ELEMENTS (3)
ELEMENTS OF ACTS NO.1 AND NO.2 (2) 1. Crime in Art. 174 has been committed by
1. Offender is an officer or employee of another person;
Government, or of private corporation engaged 2. Offender knew of the falsified nature of the
in service of sending or receiving wireless, certificate; and
cable, or telephone messages; 3. Offender used such false certificate.
2. The offender either
a. Utters a fictitious message; or SCOPE
b. Falsifies a message. 1. This article only applies to use of those falsified
documents covered by Art. 174.
ELEMENTS OF ACT NO.3 (3) 2. This article applies, even if the falsified
1. Accused knew messages were falsified; documents were used in a judicial proceeding.
2. Accused used such falsified dispatch; and
3. Resulted in prejudice of third party, or there SECTION 6 – MANUFACTURING,
was intent to prejudice. IMPORTING, AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
PRIVATE INDIVIDUAL
1. Cannot commit the first two acts by direct
participation unless he is an employee of a ART. 176 – MANUFACTURING AND
corporation engaged in telecommunications POSSESSION OF INSTRUMENTS OR
services. IMPLEMENTS FOR FALSIFICATION

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PUNISHABLE ACTS the functions of the office.” (People v. Buenaflor, et.

1. Making or introducing into the country,
implements and instruments for
counterfeiting/falsification; and
2. Possessing items made or imported by another
person, with intent to use the same.
a. Includes constructive possession; and
b. Either actual ownership or mere control
IMPLEMENTS CONFISCATED
1. Not necessary that they form a complete set for
counterfeiting; and
2. Enough that they may be employed by
themselves or together with other implements
to commit the crime of counterfeiting or
falsification.
PLEASE SEE SPL REVIEWER ON R.A. 9194:AN
ACT AMENDING REPUBLIC ACT NO. 9160,
OTHERWISE KNOWN AS THE "ANTI-MONEY
LAUNDERING ACT OF 2001"
CHAPTER 2: OTHER FALSITIES
al., CA., 72 O.G. 364)
ART. 178. USING FICTITIOUS NAME
AND CONCEALING TRUE NAME
PUNISHABLE ACTS
1. Using fictitious name; and
2. Concealing true name and other personal
circumstances.
ELEMENTS OF ACT NO.1 (3)
1. Offender uses a fictitious name;
2. Such name is used publicly;
3. Purpose is:
a. Conceal a crime;
b. Evade execution of judgment; or
c. Causes damage to public interest.
NOTE: If the purpose is for causing damage, it must
be damage to public interest. If it is damage to
private interest, the crime will be estafa under Art
315, subdivision 2, par. (a).

ELEMENTS OF ACT NO.2 (2)

SECTION 1 – USURPATION OF 1. Offender conceals true name and other
AUTHORITY, RANK, TITLE, AND personal circumstances; and
IMPROPER USE OF NAMES, 2. Purpose is to conceal identity.
UNIFORMS, AND INSIGNIA
FICTITIOUS CONCEALING TRUE
NAME NAME
ART. 177. USURPATION OF Element of publicity Publicity element not
AUTHORITY AND OFFICIAL must be present; and necessary; and
FUNCTIONS 3 possible purposes:
conceal crime, evade
PUNISHABLE ACTS execution of a Only 1 purpose: conceal
1. Usurpation of authority – knowingly and falsely judgment, and cause true identity.
representing oneself to be an officer, etc. damage to public
a. Mere act of knowingly and falsely interest.
representing oneself to be an officer, etc.,
is sufficient.
b. It is not necessary that he performs an act ART. 179. ILLEGAL USE OF UNIFORMS
pertaining to a public officer.
OR INSIGNIA
2. Usurpation of official functions – doing any act
pertaining to any public officer, etc. without
ELEMENTS (3)
being authorized to do so.
1. Offender uses an insignia, uniform, or dress;
a. Essential that offender should have
2. Such pertains to an office not held by offender
performed act pertaining to public officer.
or a class of persons of which he is not a
member; and
REPRESENTATION
3. Used publicly and improperly.
1. Must be positive, express, and explicit;
2. Must represent officers named in article, and
INSIGNIA, UNIFORM, OR DRESS
not just any authority figure; and
1. Genuine insignia, uniform, or dress is not
3. Representation may be shown in acts, and not
necessary. Offender can wear an imitation and
just words.
still be liable.
2. An exact imitation is not necessary, for as long
OFFENDERS
as there is a colourable resemblance
1. This article may be violated by both private and
calculated to deceive the general public.
public officers.
3. Must pertain to an actual officer or class of
persons. The person is not liable if the insignia,
NOTE: This article does not apply to occupant
uniform, or dress pertains to an imaginary
under color of title. A usurper is “one who
office or class.
introduces himself into an office that is vacant, or
who, without color or title, ousts the incumbent and
assumes to act as an officer by exercising some of SECTION 2 – FALSE TESTIMONY

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 BOOK II – CRIMES AGAINST PUBLIC INTEREST
FALSE TESTIMONY - committed by a person who,
being under oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say
something contrary to it
ART. 180. FALSE TESTIMONY
AGAINST A DEFENDANT
ELEMENTS (4)
1. That there be a criminal proceeding;
2. Offender testifies falsely under oath against
the defendant therein;
3. Offender knows that it is false; and
4. The defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment.
NOTES:
• Violation of this article requires criminal
intent. Hence, it cannot be committed through
negligence.
• The offender need not impute guilt upon the
accused to be liable.
• The defendant must at least be sentenced to
a correctional penalty or a fine, or must
have been acquitted.
• The witness who gave false testimony is liable
even if the court did not consider his
testimony.
• Penalty depends upon sentence imposed on
the defendant except in the case of a
judgment of acquittal.
• Since Art. 180 does not prescribe the penalty
where the defendant in a criminal case is
sentenced to a light penalty, false testimony in
case of a light penalty cannot be punished,
considering that a penal law must always be
strictly construed.
ART. 181. FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
NOTES:
• Testimony by negative statement is still in favor
of the defendant
• False testimony in favor of defendant need not
directly influence the decision of acquittal nor
benefit the defendant. The intent to favor
defendant is sufficient.
• A statement of mere opinion is not punishable.
• Conviction or acquittal is not necessary
(final judgment is not necessary), but gravity of
crime in principal case should be shown.
• Defendant who falsely testified in his own
behalf by falsely imputing to some other person
the commision of a grave offense in criminal
case is guilty of false testimony favourable to
the defendant
• Rectification made spontaneously after
realizing mistake is not false testimony.
ART. 182. FALSE TESTIMONY IN CIVIL
CASES
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PUNISHABLE ACT
Giving false testimony in a civil case either for or
against the plaintiff or the defendant
ELEMENTS (5)
a.1. Testimony is given in a civil case;
b.2. It is related to the issue presented;
c.3. The testimony is false;
d.4. It is given by the defendant who knows it to be
false; and
e.5. The testimony is malicious and with intent to
affect the issue.
ART. 183. FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
PUNISHABLE ACTS
1. False testimony under oath in a proceeding
other than judicial; and
2. False affidavit.
ELEMENTS (4)
1. Statement under oath or affidavit upon material
matter;
2. Made before a competent officer authorized
administer such oath;
3. Wilful and deliberate assertion of a falsehood;
a. Perjury cannot be wilful where the oath is
according to belief or conviction as to its
truth; (Judge Pimentel Notes p.76)
b. It must appear that the accused knows his
statement to be false or is consciously
ignorant of its truth; (Momfort III, et. al., v.
Salvatierra, G.R. No. 168301 2007) and
4. That the information given is required by law.
DEFINITION OF TERMS
1. OATH – any form of attestation manifesting a
commitment to perform an act faithfully and
truthfully.
2. AFFIDAVIT – a sworn statement in writing
made before an authorized officer.
3. MATERIAL MATTER – the main fact; the
subject of inquiry or circumstances which tends
to prove the fact;
a. Legitimately affects the credit of any
witness who testifies; or
b. Strengthens or corroborates testimonies.
COMPETENT OFFICER
1. Person who has a right to inquire into the
questions presented to him under his
jurisdiction; and
2. No perjury if not competent authority.
REQUIRED BY LAW
1. There is a law requiring it; OR
2. The statement or document is made for legal
purposes; and
3. It is sufficient that the oath had been
administered with a view of carrying into effect
a legal purpose.
MATERIALITY
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 BOOK II – CRIMES AGAINST PUBLIC INTEREST
1. There must be competent proof of the
materiality of the false testimony.
2. Matter must not simply be pertinent, that is,
relating to collateral matters which make more
or less probable the proposition at issue.
3. It must be material, that is, directly proving or
disproving a fact at issue.
4. No perjury if false imputations in testimony or
affidavit were not on material matter.
SUBORNATION OF PERJURY
5.1. Knowingly and wilfully procuring another to
swear falsely.
6.2. Not expressly punished in the Revised Penal
Code, but offender may be liable as a principal
by inducement.
NOTE:
Probate of a will is neither civil nor criminal. Thus it
is not covered under this, even if done in court and
under oath.
ART. 184. OFFERING FALSE
TESTIMONY IN EVIDENCE
ELEMENTS (3)
1. Offered in evidence false witness or testimony;
2. Offender knew of falsity; and
3. During judicial or official proceedings.
NOTES:
• This article applies when the offender, without
inducing another but knowing him to be a false
witness, presented him and the latter testified
falsely in a judicial or official proceeding.
• The felony is consummated the moment a false
witness is offered in any judicial or official
proceeding. Looking for a false witness is not
punished by law as that is not offering a false
witness.
• The false witness need not be convicted of
false testimony. A mere offer to present him is
sufficient.
CHAPTER 3: FRAUDS
SECTION 1 – MACHINATIONS,
MONOPOLIES, AND COMBINATIONS
ART. 185. MACHINATIONS IN PUBLIC
AUCTIONS
PUNISHABLE ACTS
1. Soliciting gift to refrain from taking part in publi
auction; and
2. Attempting to cause bidders to stay away from
an auction.
ELEMENTS OF ACT NO.1 (4)
1. Public auction;
2. Accused solicited gifts/promise of gifts;
3. In consideration of refraining from taking part in
the auction; and
4. Intent is to cause reduction of the price of the
thing auctioned
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ELEMENTS OF ACT NO.2 (4)
1. Public auction;
2. Offender: attempted to cause the bidders to
stay away;
3. Means: threats, gifts, promises or any other
artifice; and
4. Intent: reduction of price of thing auctioned.
ACTS ARE FORMAL CRIMES
1. It is not required that the person making
proposal actually refrains from taking part in
any public auction. The crime is committed by
mere solicitation.
2. It is not required that the person accept the
offer or gift. The crime is consummated by
mere offering of the gift or promise in
consideration of refraining to take part.
(ARTS. 186, 188, 189 ARE SUPERSEDED BY
THE INTELLECTUAL PROPERTY CODE)
SECTION 2. – FRAUDS
ART. 187. IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE
OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR ALLOYS
ARTICLES OF MERCHANDISE INVOLVED
1. Gold;
2. Silver;
3. Precious metals; and
4. Alloys.
ELEMENTS (3)
1. Offender imports, sells, or disposes item;
2. Stamps, brands, or marks fail to indicate the
actual fineness or quality; and
3. Offender knows of such failure to indicate.
SELLING, DISPOSING, AND IMPORTING
1. It is not necessary that such items are actually
sold and public actually deceived, before one
can be liable under this article.
2. If one is charged with importation, there must
be proof that item was in fact imported.
OFFENDER
1. Those who import, sell, or dispose items.
2. This article is not applicable to the
manufacturer of articles of gold, silver, etc. He
is liable for estafa.
Page
 BOOK II - CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
CRIMES AGAINST PUBLIC MORALS
 

V. CRIME RELATIVE TO
OPIUM AND OTHER
PROHIBITED DRUGS

PLEASE SEE THE SPL REVIEWER ON R.A. 9165,

ITS IRR

VI. CRIMES AGAINST PUBLIC

MORALS
 
PLEASE SEE SPL REVIEWER ON P.D. 1602.
PRESCRIBING STIFFER PENALTIES IN ILLEGAL
GAMBLING
(Repealed Art. 195-199 RPC, P.D. 483 Betting Law,
and P.D. 449 Cockfighting Law insofar as they are
inconsistent with it).

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