# CRIME ELEMENTS HIGHLIGHTS

CRIMES AGAINST NATIONAL SECURITY: TREASON AND ESPIONAGE

114 Treason 1. That the offender is a Filipino citizen or an
alien residing in the Philippines
2. That there is a war in which the Philippines
is involved
3. That the offender either (a) levies war
against the Government or () adheres to the
enemies! giving them aid or comfort
Indeterminate sentence la is not applicale
Nat!re" #iolation $ a s%&ect of his allegiance to his sovereign or to
the s%preme a%thorit$ of the 'tate
Treas"n ( reach of allegiance to a government
Alle#iance ( oligation of fidelit$ and oedience which the
individ%al s owe to the government %nder which the$ live
)annot e committed in time of peace
*ar m%st e direct against the government
+Ad$erence t" t$e enem%, ( intent to etra$-
+Aid "r c"m&"rt, ( act which strengthens or tends to strengthen the
enem$
.%st e intentional
There are no comple/ crimes %t it is a contin%ing offense
Two witness r%le ( re0%ired when the offender levies war against the
gov1t
e/ception" 1 is needed if aid and comfort
A##ra'atin# circ!mstances" cr%elt$! ignomin$
Circ!mstances in$erent" treacher$! a%se of s%perior strength and
evident premeditation
2efense of s!s(ended alle#iance and c$an#e "& s"'erei#nt% is not
accepted
113 )onspirac$
and proposal to
commit
C"ns(irac%
1. 4n time of war
2. 2 or more persons come to an agreement
Indeterminate sentence la is not applicale
4n treason! the ver$ e/istence of the state is endangered
treason a. lev$ war
. adhere to enemies
3. The$ decide to commit it
Pr"("sal
1. 4n time of war
2. 5 person who has decided to lev$ war
against the government! or to adhere to the
enemies and give them aid and comfort
3. Proposes its e/ec%tion to other persons
T")itness r!le does not appl$ to conspirac$ or proposal to
commit treason
4t is a separate and distinct offense from that of treason
116 .isprision of
treason
1. That the offender m%st e owing allegiance
to the Government! and not a foreigner
2. That he has 7nowledge of an$ conspirac$
against the Government
3. That he conceals or does not disclose and
ma7e 7nown the same as soon as possile to
the governor or fiscal
Indeterminate sentence la is not applicale
116 does not appl$ when the crime of treason is alread$ committed
$ someone
8ffender is p%nished as an access"r% to treason however he is a
principal in the crime of misprision of treason
119 :spionage *% enterin#+ it$"!t a!t$"rit%+ a ars$i(+ &"rt+ "r
a na'al "r militar% esta,lis$ment "r reser'ati"n t"
",tain an% in&"rmati"n+ (lans+ ($"t"#ra($s "r
"t$er data "& a c"n&idential nat!re relati'e t" t$e
de&ense "& t$e P$il
1. That the offender enters the place
2. ;o a%thorit$
3. <is p%rpose is to otain information
*% discl"sin# t" t$e re(resentati'e "& a &"rei#n
nati"n t$e c"ntents "& t$e articles+ data "r
in&"rmati"n re&erred t" in (ar- .+ $ic$ $e $ad in
$is ("ssessi"n ,% reas"n "& t$e (!,lic "&&ice $e
$"lds
1. P%lic officer
2. <e has in his possession the articles
3. <e discloses their content to a representative
of a foreign nation
Indeterminate sentence la is not applicale
4t is not necessar$ that information is otained
Es(i"na#e 's Treas"n
:spionage Treason
)rime not conditioned
$ the citizenship of
the offender
<as to e a Filipino
(and in some cases! a
foreigner)
)an e committed
an$time
)ommitted onl$ in
time of war
.a$ e committed in
man$ wa$s
)ommitted $ lev$ing
war! and adhering to
the enem$ giving him
aid and comfort
CRIMES AGAINST NATIONAL SECURITY: PRO/O0ING 1AR AND DISLOYALTY IN CASE O2 1AR
11= 4nciting to war
or giving
motives for
reprisals
1. That the offender performs %nlawf%l or
%na%thorized acts
2. That s%ch acts provo7e or give occasion for
a war involving or liale to involve the
Re(risals" It is any kind of forcible or coercive
measure whereby one State seeks to exercise a
deterrent efect or to obtain redress or
Philippines or e/pose Filipino citizens to
reprisals on their persons or propert$
satisfaction, directly or indirectly, for
consequences of the illegal acts of another
state which has refused to make amends for
such illegal conduct
4ntention of the offender is immaterial
The law considers the effects prod%ced $ the acts of the
acc%sed
'%ch acts might dist%r the friendl$ relation that we have
with a foreign co%ntr$
)ommitted in time of peace
Penalt$ is higher when the offender is a p%lic officer or emplo$ee
11> #iolation of
ne%tralit$
1. That there is a war which the Philippines is
not involved
2. That there is a reg%lation iss%ed $
competent a%thorit$ for the p%rpose of
enforcing ne%tralit$
3. That the offender violates s%ch reg%lation
Ne!tralit% ( nation or power which ta7es no part in a contest of
arms going on etween others
12? )orrespondenc
e with hostile
co%ntries
1. That it is in time of war in which the
Philippines is involved
2. That the offender ma7es correspondence
with an enem$ co%ntr$ or territor$ occ%pied
$ enem$ troops
3. That the correspondence is either" (a)
prohiited $ the Gov1t! () carried on in
ciphers or conventional signs! or (c)
containing notice or information which
might e %sef%l to the enem$
C"rres("ndence ( comm%nication $ means of letters- or it ma$
refer to the letters which pass etween those who have friendl$ or
%siness relations
)irc%mstances 0%alif$ing the offense"
1. That the notice or information might e %sef%l to the enem$
2. That the offender intended to aid the enem$
121 Flight to
enem$1s
co%ntr$
1. That there is a war in which the Philippines
is involved
2. That the offender m%st e owing allegiance
to the government
3. That the offender attempts to flee or to go to
enem$ co%ntr$
4. That going to enem$ co%ntr$ is prohiited
$ competent a%thorit$
5n alien resident in the co%ntr$ can e held liale %nder this article
CRIMES AGAINST NATIONAL SECURITY: PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE 1ATERS
122 Pirac$ in
general and
m%tin$ on the
high seas
1. That a vessel is on the high seas or in
Philippine waters
2. That the offenders are not memers of its
complement or passengers of the vessel
3. That the offenders (a) attac7 or seize that
vessel! or () seize the whole or part of the
cargo of said vessel! its e0%ipment or
personal elongings of its complement or
passengers
Indeterminate Sentence La is not applicale
Two wa$s of committing pirac$"
1. @$ attac7ing or seizing a vessel on the high seas or in
Philippine waters
2. @$ seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo! its
e0%ipment or personal elongings of its complement or
passengers
Pirac% ( roer$ or forcile depredation on the high seas! witho%t
lawf%l a%thorit$
Pirac$ Aoer$
4ntent to gain 4ntent to gain
8%tsider of the ship 4nside of the ship
M!tin% ( %nlawf%l resistance to a s%perior officer! or the raising of
commotions and dist%rances on oard a ship against the a%thorit$
of its commander
123 B%alified
pirac$
3!ali&ied (irac%
1. *henever the$ have seized a vessel $
oarding or firing %pon the same
2. *henever the pirates have aandoned their
victims witho%t means of saving themselves
3. *henever the crime is accompanied $
m%rder! homicide! ph$sical in&%ries! or rape
3!ali&ied m!tin%
1. *hen the offenders aandoned the victims
witho%t means of saving themselves
2. *hen m%tin$ is accompanied $ rape!
m%rder! homicide or ph$sical in&%ries
Indeterminate sentence la is not applicale
B%alified pirac$ is a $ein"!s crime
B%alified pirac$ is considered a s(ecial c"m(le4 crime
CRIMES AGAINST THE 2UNDAMENTAL LA1S O2 THE STATE: AR*ITRARY DETENTION AND E5PULSION
124 5ritrar$
detention
1. That the offender is a p%lic officer or
emplo$ee
2. That he detains a person
3. That the detention is witho%t legal gro%nds
The p%lic officer m%st e vested with a%thorit$ to detain or order
the detention of persons (s%ch p%lic officers are the policemen and
other agents of the law! the &%dges or ma$ors). 4f the detention is
perpetrated $ other p%lic officers! the crime committed ma$ e
illegal detention
Detenti"n ( a person is placed in confinement or there is a restraint
on his person
Le#al #r"!nds for detention" (a) the commission of a crime! and ()
violent insanit$ or other ailment re0%iring the comp%lsor$
confinement of the patient in a hospital
Arrest it$"!t arrant is aritrar$ detention
:/ceptions"
when! in his presence! the person to e arrested has
committed! is committing! or is attempting to commit an
offense
when an offense has in fact een committed! and he has
proale ca%se to elieve ased on personal 7nowledge of
facts and circ%mstances that the person to e arrested has
committed it
when the person to e arrested is a prisoner who has escaped
from a penal estalishment or place where he is serving
final &%dgment or temporaril$ confined while his case is
pending
123 2ela$ in the
deliver$ of
detained
persons to the
proper &%dicial
a%thorities
1. That the offender is a p%lic officer or
emplo$ee
2. That he has detained a person for some legal
gro%nd
3. That he fails to deliver s%ch person to the
proper &%dicial a%thorities within"
a. 12 ho%rs! for crimes or offenses
p%nishale $ light penalties! or
their e0%ivalent
. 1= ho%rs for crimes or offenses
p%nishale $ correctional penalties!
or their e0%ivalent
c. 36 ho%rs! for crimes or offenses
p%nishale $ afflictive or capital
penalties! or their e0%ivalent
Reas"n" prevent an$ a%se res%lting from confining a person
witho%t informing him of his offense and witho%t permitting him to
go on ail
4f the person is a (ri'ate (ers"n the crime is ille#al detenti"n
5rt. 123 applies onl$ when the arrest is made it$"!t arrant "&
arrest. @%t the arrest m%st e lawf%l
4f the arrest is made with a warrant of arrest! the person arrested can
e detained indefinitel$ %ntil his case is decided
The person arrested ma$ as7 for a (reliminar% in'esti#ati"n in
accordance with this A%le! %t he m%st sign a ai'er of the
provisions of 123 in the presence of his co%nsel.
<e ma$ also appl$ for ail and the investigation m%st e
terminated within 13 da$s from its inception
Aights of the person detained"
1. <e shall e informed of the ca%se of his detention
2. <e shall e allowed! %pon his re0%est! to comm%nicate and
confer at an$time with his attorne$ or co%nsel.
126 2ela$ing
release
1. That the offender is a p%lic officer or
emplo$ee
2. That there is a &%dicial or e/ec%tive order for
the release of a prisoner or detention
prisoner! or that there is a proceeding %pon a
petition for the lieration of s%ch person
3. That the offender witho%t good reason
dela$s"
a. The service of the notice of s%ch
order to the prisoner! or
. The performance of s%ch &%dicial or
e/ec%tive order for the release of the
prisoner! or
c. The proceedings %pon a petition for
the release of s%ch person
P!nis$a,le acts"
1. @$ dela$ing the performance of a &%dicial or e/ec%tive order
for the release of a prisoner
2. @$ %nd%l$ dela$ing the service of the notice of s%ch order to
said prisoner
3. @$ %nd%l$ dela$ing the proceedings %pon an$ petitioner for
the lieration of s%ch person
The p%lic officers who are most li7el$ to commit the offense
penalized in 5rt 126 are the ardens and (eace "&&icers temporaril$
in charge of the c%stod$ of prisoners or detained persons
129 :/p%lsion 1. That the offender is a p%lic officer or
emplo$ee
2. That he e/pels an$ person from the
Philippines! or compels a person to change
his residence
3. That the offender is not a%thorized to do so
$ law
Acts (!nis$ed"
1. @$ e/pelling a person from the Philippines
2. @$ compelling a person to change his residence
CRIMES AGAINST THE 2UNDAMENTAL LA1S O2 THE STATE: /IOLATION O2 DOMICILE
12= #iolation of
2omicile
1. 8ffender is a p%lic officer or emplo$ee
2. <e is not a%thorized $ &%dicial order to
enter the dwelling or to ma7e a search
therein for papers or other effect
Acts (!nis$ed"
1. :ntering an$ dwelling against the will of the owner thereof
2. 'earching papers or other effects fo%nd therein witho%t the
previo%s consent of s%ch owner
3. Aef%sing to leave the premises! after having s%rreptitio%sl$
entered said dwelling! and after having een re0%ired to
leave the same
5 peace officer witho%t search warrant cannot lawf%ll$ enter the
dwelling against the will of the owner! even if he 7new that some
one in the dwelling is having %nlawf%l possession of opi%m
.%st e fo%nd in the dellin#
12> 'earch
warrants
malicio%sl$
otained! and
a%se in the
service of
those legall$
otained
Pr"c!rin# a searc$ arrant it$"!t 6!st ca!se
1. 8ffender is a p%lic officer or emplo$ee
2. <e proc%res a search warrant
3. There is no &%st ca%se
E4ceedin# a!t$"rit% "r !sin# !nnecessar% se'erit%
in e4ec!tin# a searc$ arrant le#all% (r"c!red
1. 8ffender is a p%lic officer or emplo$ee
2. <e has legall$ proc%red a search warrant
3. <e e/ceeds his a%thorit$ or %ses %nnecessar$
severit$ in e/ec%ting the same
Searc$ arrant" an order in writing iss%ed in the name of the
people of the Philippines! signed $ a &%dge and directed to a peace
officer! commanding him to search for personal propert$ descried
and ring it efore the co%rt.
Re7!isites &"r iss!in# searc$ arrant"
1. There is a proale ca%se in connection with one specific
offense to e determined $ the &%dge after e/amination
%nder oath or affirmation of the complainant and the
witnesses
2. Partic%larl$ descriing the place to e searched and the
things to e seized which ma$ e an$where in the
Philippines
The officer ma$ rea7 open an$ o%ter or inner door or window if he
is ref%sed admittance to the place
'earch warrant shall e 'alid &"r .8 da%s from its date
Pr",a,le ca!se" s%ch facts and circ%mstances which wo%ld lead a
reasonal$ discreet and pr%dent man to elieve that an offense has
een committed and that the o&ect so%ght in connection with the
offense are in the place so%ght to e searched
The tr%e test of lac7 of &%st ca%se is whether the affidavit filed in
s%pport of the application for search warrant has een drawn in s%ch
a manner that (er6!r% co%ld e charged thereon and affiant e held
liale for damages.
13? 'earching
domicile
witho%t
witnesses
1. 8ffender is a p%lic officer or emplo$ee
2. <e is armed with a search warrant legall$
proc%red
3. <e searches the domicile! papers or other
elongings of an$ person
4. The owner! or an$ memer of his famil$! or
2 witnesses residing in the same localit$ are
not present
D"es n"t a((l% t" searc$es "& 'e$icles or other means of
transportation eca%se the searches are not made in the dwelling
CRIMES AGAINST THE 2UNDAMENTAL LA1S O2 THE STATE: PROHI*ITION+ INTERRUPTION+ AND DISSOLUTION O2
PEACE2UL MEETINGS
131 Prohiition
and dissol%tion
of peacef%l
meetings
1. 8ffender is a p%lic officer or emplo$ee
2. <e performs an$ of the following acts"
a. Prohiiting or interr%pting! witho%t
legal gro%nd the holding of a
peacef%l meeting! or $ dissolving
the same
. <indering an$ person from &oining
an$ lawf%l association or from its
meetings
c. Prohiiting or hindering an$ person
from addressing! either alone or
together with others! an$ petition to
the a%thorities for the correction of
a%ses or redress of grievances
5 (ri'ate indi'id!al cannot commit this crime (the crime will e
dist!r,ance "& (!,lic "rder)
Aight to peacef%l meeting is n"t a,s"l!te
The right to peaceal$ assemle is n"t a,s"l!te and ma$ e
reg%lated
The offender m%st e a stran#er and n"t a (artici(ant
CRIMES AGAINST THE 2UNDAMENTAL LA1S O2 THE STATE: CRIMES AGAINST RELIGIOUS 1ORSHIP
132 4nterr%ption of
religio%s
worship
1. 8ffender is a p%lic officer or emplo$ee
2. Aeligio%s ceremonies or manifestations of
an$ religion are ao%t to ta7e place or are
going on
3. 8ffender prevents or dist%rs the same
Circ!mstances 7!ali&%in# t$e "&&ense" crime is committed with
violence or threats
133 8ffending the
religio%s
feelings
1. 5cts complained of were performed in a
place devoted to religio%s worship! or d%ring
the celeration of an$ religio%s ceremon$
2. The acts m%st e notorio%sl$ offensive to the
feelings of the faithf%l
Reli#i"!s cerem"nies" religio%s acts performed o%tside of a ch%rch!
s%ch as processions and special pra$ers for %r$ing dead persons
CRIMES AGAINST PU*LIC ORDER: RE*ELLION+ COUP D9ETAT+ SEDITION+ AND DISLOYALTY
134 Aeellion or
ins%rrection
1. There is a p%lic %prising and ta7ing arms
against the Government
2. The p%rpose of the %prising or movement is"
a. To remove from the allegiance to
said Government or its laws! the
territor$ of the Aep%lic of the
Philippines or an$ part thereof! or
an$ od$ of land! naval or other
armed forces
. To deprive the )hief :/ec%tive or
the Cegislat%re! wholl$ or partiall$!
of an$ of their powers or
Re,elli"n" the o&ect of the movement is completel$ to overthrow
and s%persede the e/isting government
Ins!rrecti"n" a movement which see7s merel$ to effect some
change of minor importance! or to prevent the e/ercise of
governmental a%thorit$ with respect to partic%lar matters or s%&ects
Re,elli"n Treas"n
Cev$ing of war against the
government d%ring peace time
Cev$ing war against the
Government when performed
to aid the enem$
prerogatives 4nvolves ta7ing %p arms against
the government
)ommitted $ mere adherence
to the enem$ giving him aid or
comfort
Re,elli"n S!,'ersi"n
:lement of s%version
)rime against p%lic order )rime against national sec%rit$
134D
5
)o%p d1etat 1. 8ffender is a person or persons elonging to
the militar$ or police or holding an$ p%lic
office or emplo$ment
2. 4t is committed $ means of a swift attac7
accompanied $ violence! intimidation!
threat! strateg$ or stealth
3. The attac7 is directed against the d%l$
constit%ted a%thorities of the Aep%lic of the
Philippines! or an$ militar$ camp or
installation! comm%nication networ7s! p%lic
%tilities or other facilities needed for the
e/ercise and contin%ed possession of power
.a$ e committed with or witho%t civil participation
133 Penalt$ for
reellion!
ins%rrection or
co%p d1etat
1$" are lia,le"
1. Ceaders
a. 5n$ person who promotes! maintains! or heads a
reellion or ins%rrection
. 5n$ person who leads! directs! or commands others
to %nderta7e a co%p d1etat
2. Participants
a. 5n$ person who participates! or e/ec%tes the
commands of others in reellion
. 5n$ person in the government service who
participates! or e/ec%tes directions or commands of
others in %nderta7ing a co%p d1etat
c. 5n$ person not in the government service who
participates! s%pports! finances! aets! or aids in
%nderta7ing a co%p d1etat
P%lic officer m%st ta7e active part to e liale- mere silence or
"missi"n not p%nishale in reellion
136 )onspirac$ C"ns(irac% t" c"mmit c"!( d9etat+ re,elli"n "r N" c"ns(irac% when there is no agreement and no decision to
and proposal to
commit co%p
d1etat!
reellion or
ins%rrection
ins!rrecti"n
1. 2 or more persons come to an agreement to
swiftl$ attac7 or to rise p%licl$ and ta7e
arms against the Government for an$ of the
p%rposes of reellion or ins%rrection
2. The$ decide to commit it
Pr"("sal t" c"mmit c"!( d9etat+ re,elli"n "r
ins!rrecti"n
1. 5 person has decided to swiftl$ attac7 or to
rise p%licl$ and ta7e arms against the
Government for an$ of the p%rposes of
reellion or ins%rrection
2. '%ch person proposes its e/ec%tion to some
other person or person
commit reellion
139 2islo$alt$ of
p%lic officers
or emplo$ees
1. 8ffender is a p%lic officer or emplo$ee
2. 8ffender commits an$ of the following acts"
a. Failing to resist a reellion $ all the
means in their power
. )ontin%ing to discharge the d%ties
of their offices %nder the control of
the reels
c. 5ccepting appointment to office
%nder them
The crime of dislo$alt$ of p%lic officers pres%pposes the e/istence
of reellion $ other persons
8ffender m%st e in conspirac$ with the reels
13= 4nciting to
reellion or
ins%rrection
1. 8ffender does not ta7e arms or is not in open
hostilit$ against the Government
2. <e incites others to the e/ec%tion of an$ of
the acts of reellion specified in 5rt 134
3. The inciting is done $ means of speeches!
proclamations! writings! emlems! anners
or other representations tending to the same
end
Incitin# t" re,elli"n Pr"("sal t" c"mmit re,elli"n
The offender ind%ces another to
commit reellion
The offender ind%ces another to
commit reellion
4t is not re0%ired that the
offender has decided to commit
reellion
Person who proposes has
decided to commit reellion
The act of inciting is done
p%licl$
Person who proposes the
e/ec%tion of the crime %ses
secret means
Aeellion sho%ld not e committed
13> 'edition 1. 8ffender rise p%licl$ and t%m%lt%o%sl$
2. 8ffender emplo$ force! intimidation! or $
other means o%tside of legal methods
3. P%rpose is to attain an$ of the following
Nat!re" raising of commotions or dist%rance in the state
Re,elli"n Sediti"n
There m%st e a p%lic %prising There m%st e a p%lic %prising
o&ects"
a. To prevent the prom%lgation or
e/ec%tion of an$ law or the holding
of an$ pop%lar election
. To prevent the ;ational
Government! or an$ provincial or
m%nicipal government! or an$
p%lic officer thereof from freel$
e/ercising its or his f%nctions! or
prevent the e/ec%tion of an$
administrative order
c. To inflict an$ act of hate or revenge
%pon the person or propert$ of an$
p%lic officer or emplo$ee
d. To commit! for an$ political or
social end! an$ act of hate or
revenge against private persons or
an$ social class
e. To deposit for an$ political or social
end! an$ person! m%nicipalit$ or
province! or ;ational Government
of all its propert$ or an$ part thereof
Ta7ing %p arms against the
government
4t is s%fficient that the p%lic
%prising is t%m%lt%o%s
P%rpose is alwa$s political P%rpose ma$ e political
Treas"n Sediti"n
#iolation $ a s%&ect of his
allegiance to his sovereign
Aaising of commotions or
dist%rances in the 'tate
14? Penalt$ for
sedition
Pers"ns lia,le"
1. The leader of the sedition
2. 8ther persons participating in the sedition
141 )onspirac$ to
commit
sedition
1. 2 or more persons come to an agreement and
a decision to rice p%licl$ and t%m%lt%o%sl$
to attain an$ of the o&ects of sedition
2. The$ decide to commit it
P%nishes "nl% conspirac$ to commit sedition
142 4nciting to
sedition
1. 8ffender does not ta7e direct part in the
crime of sedition
2. <e incites others to the accomplishment of
an$ of the acts which constit%tes sedition
3. 4nciting is done $ means of speeches!
proclamations! writings! emlems! cartoons!
anners! or other representations
Acts (!nis$ed"
1. 4nciting others to the accomplishment of an$ of the acts
which constit%te sedition! $ means of speeches!
proclamations! writings! emlems! cartoons! anners! or
other representations tending to the same end
2. Ettering seditio%s words or speeches which tend to dist%r
the p%lic peace
3. *riting! p%lishing! or circ%lating sc%rrilo%s liels against
the Government! or an$ of the d%l$ constit%ted a%thorities
thereof! or which tend to dist%r or ostr%ct an$ lawf%l
officer in e/ec%ting the f%nctions of his office! or which
tend to instigate others to caal and meet together for lawf%l
p%rposes! or which s%ggest or incite reellio%s conspiracies
or riots! or which lead to tend to stir %p the people against
the lawf%l a%thorities or to dist%r the peace of the
comm%nit$! the safet$ and order of the Government! or who
shall 7nowingl$ conceal s%ch evil practices
: r!les relati'e t" sediti"!s "rds"
1. The clear and present danger r%le
2. The dangero%s tendenc$ r%le
Reas"n" the legislative has the a%thorit$ to forid the advocac$ of a
doctrine designed and intended to overthrow the government witho%t
waiting %ntil there is a present and immediate danger of the s%ccess
of the plan advocated.
CRIMES AGAINST PU*LIC ORDER: CRIME AGAINST POPULAR REPRESENTATION ;Crimes a#ainst le#islati'e ,"dies and similar
,"dies<
143 5cts tending to
prevent the
meeting of the
asseml$ and
similar odies
1. There is a pro&ected or act%al meeting of
)ongress or an$ of its committees or
s%committees! constit%tional committees or
divisions thereof! or of an$ provincial oard
or cit$ or m%nicipal co%ncil or oard
2. 8ffender! who ma$ e an$ person! prevents
s%ch meeting $ force or fra%d
144 2ist%rance of
proceedings
1. There is a meeting of )ongress of the
Philippines or of an$ of its committees or
s%committees! constit%tional commissions
or committees or divisions thereof! or of an$
provincial oard or cit$ or m%nicipal co%ncil
or oard
2. 8ffender does an$ of the following acts
a. <e dist%rs s%ch meetings
. <e ehaves while in the presence of
s%ch odies in s%ch manner as to
interr%pt its proceedings or to impair
the respect d%e it.
4t m%st e a meeting of a legislative od$ or of provincial oard or
cit$ or m%nicipal co%ncil or oard which is dist%red
)an also e p%nished for contempt $ the 5sseml$
CRIMES AGAINST PU*LIC ORDER: CRIME AGAINST POPULAR REPRESENTATION ;/i"lati"n "& (arliamentar% imm!nit%<
143 #iolation of Usin# &"rce+ intimidati"n+ t$reats+ "r &ra!d t"
parliamentar$
imm%nit$
(re'ent an% mem,ers "& C"n#ress &r"m attendin#
t$e meetin#s "& C"n#ress+ "r "& an% "& its
c"mmittees "r s!,c"mmittees+ c"nstit!ti"nal
c"mmissi"ns "r c"mmittees "r di'isi"ns t$ere"&
&r"m e4(ressin# $is "(ini"ns "r castin# $is '"te
1. 8ffender %ses force! intimidation! threats! or
fra%d
2. The p%rpose of the offender is to prevent an$
memer of )ongress from"
a. 5ttending the meetings of an$ of its
committees
. :/pressing his opinion
c. )asting his vote
Arrestin# "r searc$in# an% mem,er "& C"n#ress
$ile it is in re#!lar "r s(ecial sessi"n+ e4ce(t in
case s!c$ mem,er $as c"mmitted a crime
(!nis$a,le !nder t$e RPC ,% a (enalt% $i#$er
t$an (risi"n ma%"r
1. 8ffender is a p%lic officer or emplo$ee
2. <e arrests or searches an$ memer of
)ongress
3. )ongress! at the time of his arrest or search!
is in reg%lar or special session
4. The memer arrested or searched has not
committed a crime p%nishale %nder the
)ode $ a penalt$ higher than prision ma$or
CRIMES AGAINST PU*LIC ORDER: ILLEGAL ASSEM*LIES AND ASSOCIATIONS
146 4llegal
assemlies
An% meetin# attended ,% armed (ers"ns &"r t$e
(!r("se "& c"mmittin# an% "& t$e crimes
(!nis$a,le !nder t$is C"de
1. There is a meeting! a gathering or gro%p of
persons! whether in fi/ed place or moving
2. The meeting is attended $ armed persons
3. The p%rpose of the meeting is to commit an$
of the crimes p%nishale %nder the AP)
An% meetin# in $ic$ t$e a!dience+ $et$er
armed "r n"t is incited t" t$e c"mmissi"n "& t$e
crime "& treas"n+ re,elli"n "r ins!rrecti"n+
sediti"n "r assa!lt !("n a (ers"n in a!t$"rit% "r
Pers"ns lia,le"
1. The organizers or leaders of the meeting
2. Persons merel$ present at the meeting
Res("nsi,ilit% "& (ers"ns merel% (resent at t$e meetin#"
1. 4f the$ are not armed! the penalt$ is arresto ma$or
2. 4f the$ carr$ arms! li7e olos or 7nives! or licensed firearms!
the penalt$ is prision correctional
I& an% (ers"n (resent at t$e meetin# carries an !nlicensed
&irearm"
1. it is pres%med that the p%rpose of the meeting insofar as he
is concerned! is to commit acts p%nishale %nder the )ode
$is a#ents
1. There is a meeting! a gathering or gro%p of
persons! whether in fi/ed place or moving
2. The a%dience! whether armed or not! is
incited to the commission of the crime of
treason! reellion or ins%rrection! sedition! or
direct assa%lt.
2. <e is considered a leader or organizer of the meeting
149 4llegal
associations
1. 5ssociations totall$ or partiall$ organized
for the p%rpose of committing an$ of the
crimes p%nishale %nder the AP)
2. 5ssociations totall$ or partiall$ organized
for some p%rpose contrar$ to p%lic morals
Ille#al ass"ciati"ns Ille#al assem,l%
4t is not necessar$ that there e
an act%al meeting
There is an act%al meeting of
armed persons for the p%rpose
of committing an$ of the
crimes p%nished %nder the AP)
The act of forming or
organizing and memership in
the association that are
p%nished
The meeting and attendance at
s%ch meeting that are p%nished
Persons liale"
1. Fo%nder! directors and
president of the
association
2. .ere memers of the
association
Persons liale"
1. The organizers or
leaders of the meeting
3. Persons merel$ present
at the meeting
CRIMES AGAINST PU*LIC ORDER: ASSUALTH UPON+ AND RESISTANCE AND DISO*EDIENCE TO+ PERSONS IN AUTHORITY
AND THEIR AGENTS
14= 2irect assa%lt 1it$"!t a (!,lic !(risin#+ ,% em(l"%in# &"rce "r
intimidati"n &"r t$e attainment "& an% "& t$e
(!r("se en!merated in de&inin# t$e crimes "&
re,elli"n and sediti"n
1. 8ffender emplo$s force or intimidation
2. The aim of the offender is to attain an$ of
the p%rposes of the crime of reellion or an$
of the o&ects of the crime of sedition
3. There is no p%lic %prising
1it$"!t a (!,lic !(risin#+ ,% attac=in#+ ,%
em(l"%in# &"rce+ "r ,% seri"!sl% intimidatin# "r
resistin# an% (ers"n in a!t$"rit% "r an% "& $is
5dditional penalt$ for attac7ing amassadors or ministers
Direct assa!lts Ordinar% assa!lts
)rimes against p%lic order )rimes against persons
: =inds "& direct assa!lt:
1. 'imple assa%lt
2. B%alified assa%lt
a. *hen the assa%lt is committed with a weapon
. *hen the offender is a p%lic officer or emplo$ee
c. *hen the offender la$s hands %pon a person in
a%thorit$
a#ents+ $ile en#a#ed in t$e (er&"rmance "&
"&&icial d!ties+ "r "n "ccasi"n "& s!c$ (er&"rmance
1. 8ffender ma7es an attac7! emplo$s force!
ma7es a serio%s intimidation! or ma7es a
serio%s resistance
2. The person assa%lted is a person in a%thorit$
or his agent
3. 5t the time of the assa%lt! the person in
a%thorit$ or his agent is engaged in the
act%al performance of official d%ties! or that
he is assa%lted $ reason of the past
performance of official d%ties
4. 8ffender 7nows that the one he is assa%lting
is a person in a%thorit$ or his agent in the
e/ercise of his d%ties
3. There is no p%lic %prising
The crime of slight ph$sical in&%ries is asored in direct assa%lt
14> 4ndirect assa%lt 1. 5 person in a%thorit$ or his agent is the
victim of an$ of the forms of direct assa%lt
defined in 14=
2. 5 person comes to the aid of s%ch a%thorit$
or his agent
3. 8ffender ma7es %se of force or intimidation
%pon s%ch person coming to the aid of the
a%thorit$ or his agent
)an e committed onl$ when a direct assa%lt is also committed
13? 2isoedience
to s%mmons
iss%ed $ the
;ational
5sseml$! its
committees or
s%committees
! $ the
)onstit%tional
)ommissions!
its committees!
s%committees
or division
Acts (!nis$ed"
1. $ ref%sing witho%t legal e/c%se! to oe$ s%mmons of
)ongress! its special or standing committees and
s%committees! the )onstit%tional )ommissions and it
committees! s%committees or divisions! or $ an$
commission or committee chairman or memer a%thorized
to s%mmon witnesses
2. @$ ref%sing to e sworn or placed %nder affirmation while
eing efore s%ch legislative or constit%tional od$ or
official
3. @$ ref%sing to answer an$ legal in0%ir$ or to prod%ce an$
oo7s! papers! doc%ments! or records in his possession!
when re0%ired $ them to do so in the e/ercise of their
f%nctions
4. @$ restraining another from attending as a witness in s%ch
legislative or constit%tional od$
3. @$ ind%cing disoedience to a s%mmons or ref%sal to e
sworn $ an$ s%ch od$ or official
131 Aesistance and
disoedience
to a person in
a%thorit$ or the
agent of s%ch
person
Resistance and seri"!s dis",edience"
1. a person in a%thorit$ or his agent is engaged
in the performance of official d%t$ or gives a
lawf%l order to the offender
2. 8ffender resists or serio%sl$ disoe$s s%ch
person in a%thorit$ or his agent
3. The act of the offender is not incl%ded in the
provisions of art. 14=! 14> and 13?.
Sim(le dis",edience"
1. 5n agent of a person in a%thorit$ is engaged
in the performance of official d%t$ or gives a
lawf%l order to the offender
2. 8ffender disoe$s s%ch agent of a person in
a%thorit$
3. '%ch disoedience is not of a serio%s nat%re
The &%ridical conception of the crime of resistance and disoedience
to a person in a%thorit$ or his agents c"nsists in a &ail!re t" c"m(l%
it$ "rders directl% iss!ed ,% t$e a!t$"rities in the e/ercise of
their official d%ties
The order m%st e la&!l
132 Persons in
a%thorit$ and
agents of
persons in
a%thorit$
5 (ers"n in a!t$"rit% is one directl$ vested with &%risdiction! that
is! the power and a%thorit$ to govern and e/ec%te the laws
5n a#ent of a person in a%thorit$ is one charged with (1) the
maintenance of p%lic order and (2) the protection and sec%rit$ of
life and propert$
:/amples of persons in a%thorit$"
1. .%nicipal ma$or
2. 2ivision s%perintendent of schools
3. P%lic and private school teachers
4. TeacherDn%rse
3. President of sanitar$ division
6. Provincial fiscal
9. F%stice of the Peace
=. .%nicipal co%ncilor
>. @arrio captain and aranga$ chairman
:/amples of agents of person in a%thorit$"
1. Policeman
2. .%nicipal treas%rer
3. Postmaster
4. A%ral policeman
3. 'heriff
6. 5gents of the %rea% of internal reven%e
9. .alacanang confidential agent
CRIMES AGAINST PU*LIC ORDER: PU*LIC DISORDER
133 T%m%lts and
other
dist%rance of
p%lic order
T!m!lts ( the dist%rance or interr%ption shall e deemed to e
t%m%lt%o%s of ca%sed $ more than 3 persons who are armed or
provided with means of violence
T!m!lts Acts (!nis$ed"
1. )a%sing an$ serio%s dist%rance in a p%lic place! office or
estalishment
2. 4nterr%ption or dist%ring performances! f%nctions or
gatherings! or peacef%l meetings! if the act is not incl%ded in
articles 131 and 132
3. .a7ing an$ o%tcr$ tending to incite reellion or sedition in
an$ meeting! association or p%lic place
4. 2ispla$ing placards or emlems which provo7e a
dist%rance of p%lic order in s%ch place
3. @%r$ing with pomp the od$ of a person who has een
legall$ e/ec%ted
Seri"!s dist!r,ance m%st e (lanned or intended
<as reference to art .>. and .>: (dist%ring or interr%pting a
meeting or religio%s ceremon$ is not committed $ a p%lic officer)
O!tcr% ( sho%t s%versive or provocative tending to stir %p the
people to otain $ means of force or violence
4f the o%tcr$ is more or less %nconscio%s o%t%rst which!
altho%gh reellio%s or seditio%s in nat%re! is not
intentionall$ calc%lated to ind%ce others to commit reellion
or sedition! it is onl$ p%lic disorder
134 Enlawf%l %se
of means of
p%lication
and %nlawf%l
%tterances
1. The offender m%st 7now the news is false
2. *hich ma$ endanger the p%lic order
Acts (!nis$ed"
1. P%lishing or ca%sing to e p%lished! $ means of printing!
lithograph$ or an$ other means of p%lication! as news! an$
false news which ma$ endanger the p%lic order! or ca%se
damage to the interest or credit of the state
2. :nco%raging disoedience to the law or to the constit%ted
a%thorities or praising! &%stif$ing or e/tolling an$ act
p%nished $ law! $ the same means or $ words! %tterances
or speeches
3. .alicio%sl$ p%lishing or ca%sing to e p%lished an$
official resol%tion or doc%ment witho%t proper a%thorit$! or
efore the$ have een p%lished officiall$
4. Printing! p%lishing or distri%ting (or ca%sing the same)
oo7s! pamphlets! periodicals! or leaflets which do not ear
the real printer1s name! or which are classified as
anon$mo%s
4t is n"t necessar% that the p%lication of the false news act%all$
ca!sed (!,lic dis"rder "r ca!sed dama#e to the interest or credit
of the 'tate
133 5larms and
scandals
Acts (!nis$ed"
1. 2ischarge an$ firearm! roc7et! firecrac7er! or other
e/plosive within an$ town or p%lic place! calc%lated to
ca%se (which prod%ces) alarm of danger
2. 4nstigating or ta7ing an active part in an$ charivari or other
disorderl$ meeting offensive to another or pre&%dicial to
p%lic tran0%ilit$
3. 2ist%ring the p%lic peace while wandering ao%t at night
or while engaged in an$ other noct%rnal am%sements
4. )a%sing an$ dist%rance or scandal in p%lic places while
into/icated or otherwise provided! provided article 133 is
not applicale
The disc$ar#e of the firearm sho%ld n"t e aimed at a person
C$ari'ari ( incl%des a medle$ of discordant voices! a moc7
serenade of discordant noises made on 7ettles! tin! horns designed to
anno$ or ins%lt
4f the dist%rance is of seri"!s in nat!re! this article will not appl$!
art 133 will appl$
136 2elivering
prisoners from
&ail
1. There is a person confined in a &ail or penal
estalishment
2. 8ffender removes therefrom s%ch person! or
helps the escape of s%ch person
Prisoner ma$ e %nder detenti"n onl$
The article applies even if the prisoner is in the hospital or
as$l%m (,eca!se it is an e4tensi"n "& t$e (enal
instit!ti"n<
8ffender is %s%all$ an "!tsider who removes from &ail an$ person
confined or helps the prisoner escape
A##ra'atin# circ!mstances"
1. #iolence
2. 4ntimidation
3. @rier$
4f the escape of the prisoner ta7es place o%tside of said
estalishments $ ta7ing the g%ards $ s%rprise! the penalt$ is the
minim%m period
CRIMES AGAINST PU*LIC ORDER: E/ASION O2 SER/ICE O2 SENTENCE
139 :vasion of
service of
sentence
1. 8ffender is a convict $ final &%dgment
2. <e is serving sentence which consists in the
deprivation of liert$
3. <e evades service of his sentence $
escaping d%ring the term of his sentence
The sentence m%st e +,% reas"n "& &inal 6!d#ment,
Detenti"n (ris"ners and min"r delin7!ents who escape from
confinement are not liale for evasion of service of sentence
;ot applicale to sentence e/ec%ted $ de("rtati"n
Esca(e ( flee from- to avoid- to get o%t of the wa$! as to flee to
avoid arrest
4t is also applicale to sentence of destierr"
Circ!mstances 7!ali&%in# t$e "&&ense"
1. @$ means of %nlawf%l entr$ (this sho%ld e +$ scaling,)
2. @$ rea7ing doors! windows! gates! walls! roofs or floors
3. @$ %sing pic7loc7s! false 7e$s! disg%ise! deceit! violence or
intimidation
4. Thro%gh connivance with other convicts or emplo$ees of
the penal instit%tion
13= :vasion of
service of
sentence on the
occasion of
disorder!
conflagrations!
earth0%a7es! or
1. 8ffender is a convict $ final &%dgment! who
is confined in a penal instit%tion
2. There is disorder res%lting from"
a. )onflagration
. :arth0%a7e
c. :/plosion
d. 'imilar catastrophe
8nl$ a convict of a final &%dgment can evade the service of his
sentence
The offender m%st leave the penal instit%tion
The &ail!re t" #i'e $imsel& !( to a%thorities after 4= ho%rs is eing
p%nished! not the leaving of the penal instit%tion
other
calamities
e. .%tin$ in which he has not
participated
3. <e evades the service of his sentence! $
leaving the penal instit%tion where he shall
have een confined! on the occasion of s%ch
disorder or d%ring the m%tin$
4. <e fails to give himself %p to the a%thorities
within 4= ho%rs following the iss%ance of a
proclamation $ the )hief :/ec%tive
anno%ncing the passing awa$ of s%ch
calamit$
4f the offender fails to give himself %p! he gets an increased penalt$
(1G3 of the time remaining). 4f the offender gives himself %p! he is
entitled to a ded%ction of 1G3 of his sentence
M!tin% ( organized %nlawf%l resistance to a s%perior officer
13> 8ther cases of
evasion of
service of
sentence
1. 8ffender was a convict
2. <e was granted pardon $ the )hief
:/ec%tive
3. <e violated an$ of the conditions of s%ch
pardon
5 c"nditi"nal (ard"n is a contract etween the )hief :/ec%tive!
who grants pardon! and the convict! who accepts it.
The convict is o%nd to f%lfill its conditions and accept its
conse0%ences
The co%rt cannot re0%ire the convict to serve the %ne/pired portion
of his original sentence if it does not e/ceed 6 $ears
The violation of conditional pardon is committed in the place where
the s%se0%ent offense is perpetrated! eca%se $ committing the
s%se0%ent offense! he there$ violates the condition that +he shall
not again e fo%nd g%ilt$ of an$ crime p%nishale $ the law of the
Philippines,
8ffender m%st e &"!nd #!ilt% of s%se0%ent offense efore he can
e prosec%ted
/i"lati"n "& C"nditi"nal
Pard"n
E'asi"n "& Ser'ice "&
Sentence
4t is not a p%lic offense for it
does not ca%se harm or in&%r$
to the right of another person
nor does it dist%r p%lic order
4t is p%lic offense separate and
independent from an$ other act
CRIMES AGAINST PU*LIC ORDER: COMMISSION O2 ANOTHER CRIME DURING SER/ICE O2 PENALTY IMPOSED 2OR
ANOTHER PRE/IOUS O22ENSE
16? )ommission of
another crime
1. 8ffender was alread$ convicted $ final
&%dgment of one offense
3!asi)recidi'ism ( 'pecial aggravating circ%mstance where a
person! after having een convicted $ final &%dgment! shall commit
d%ring service
of penalt$
imposed for
another
previo%s
offense
2. <e committed a new felon$ efore
eginning to serve s%ch sentence or while
serving the same
a new felon$ efore eginning to serve s%ch sentence! or while
serving the same
The second crime m%st e a &el"n%! %t the first crime for which the
offender is serving sentence need not e a felon$
3!asi)recidi'ism Reiterati"n
5cc%sed is serving o%t his
sentence
Ae0%ires that the offender
against whom it is considered
shall have served o%t his
sentences for the prior offenses
)annot e "&&set ,% "rdinar% miti#atin# circ!mstances
CRIMES AGAINST PU*LIC INTEREST: 2ORGERIES ;2ORGING THE SEAL O2 THE GO/ERNMENT O2 THE PHILIPPINE
ISLANDS+ THE SIGNATURE OR STAMP O2 THE CHIE2 E5ECUTI/E
161 )o%nterfeiting
the great seal
of the
government of
the Philippine
4sland!
forgoing the
signat%re or
stamp of the
)hief
:/ec%tive
Acts (!nis$ed"
1. Forging the Great 'eal of the Government of the Philippines
2. Forging the signat%re of the President
3. Forging the stamp of the President
T$e Great Seal shall e and remain in the c%stod$ of the President
*hen the signat%re of the president is forged! the offense is not
falsification
162 Esing forged
signat%re or
co%nterfeit seal
or stamp
1. The great 'eal of the Aep%lic was
co%nterfeited or the signat%re or stamp of the
)hief :/ec%tive was forged $ another
person
2. 8ffender 7new of the co%nterfeiting or
forger$
3. <e %sed the co%nterfeit seal or forged
signat%re or stamp
4. 8ffender sho%ld not e forger
The offender s$"!ld n"t ,e t$e "ne $" &"r#ed t$e #reat seal
CRIMES AGAINST PU*LIC INTEREST: 2ORGERIES ;COUNTER2EITING COINS<
163 .a7ing and
importing and
1. There e false or co%nterfeited coins
2. 8ffender either made! imported or %ttered
0inds "& c"ins t$e c"!nter&eitin# "& $ic$ is (!nis$ed"
1. 'ilver coins of the Philippines or coins of the )entral @an7
%ttering false
coin
s%ch coins
3. 4n case of %ttering s%ch false or co%nterfeited
coins! he connived with the co%nterfeiters or
importers
of the Philippines
2. )oins of the minor coinage of the Philippines or of the
)entral @an7 of the Philippines
3. )oin of the c%rrenc$ of a foreign co%ntr$
C"in ( piece of metal stamped with certain mar7s and made c%rrent
at a certain val%e
False or co%nterfeited if it is forged or if it is not a%thorized
$ the Government as legal tender
C"!nter&eitin# ( imitation of a legal or gen%ine coin
Min"r c"ins ( coins ellow tenDcentavos denomination
164 .%tilation of
coins
Acts (!nis$ed"
1. .%tilating coins of the legal c%rrenc$! with the f%rther
re0%irement that there e intent to damage or to defra%d
another
2. 4mporting or %ttering s%ch m%tilated coins! with the f%rther
re0%irement that there m%st e connivance with the
m%tilator or importer in case of %ttering
M!tilati"n ( ta7e off part of the metal either $ filing it or
s%stit%ting it for another metal of inferior 0%alit$
)oin of foreign co%ntr$ is not incl%ded
163 'elling of false
or m%tilated
coin! witho%t
connivance
P"ssessi"n "& c"in+ c"!nter&eited "r m!tilated ,%
an"t$er (ers"n+ it$ intent t" !tter t$e same+
=n"in# t$at it is &alse "r m!tilated
1. Possession
2. *ith intent to the %tter
3. Hnowledge
Act!all% !tterin# s!c$ &alse "r m!tilated c"in+
=n"in# t$e same t" ,e &alse "r m!tilated
1. 5ct%all$ %ttering
2. Hnowledge
Possession of or %ttering false coin does not re0%ire that the
co%nterfeited coin is legal tender
@%t if the coin eing %ttered or possessed with intent to %tter
is a m%tilated coin! it m%st e legal tender coin
CRIMES AGAINST PU*LIC INTEREST: 2ORGERIES ;2ORGING TREASURY OR *AN0 NOTES+ O*LIGATIONS AND SECURITIES?
IMPORTING AND UTTERING 2ALSE OR 2ORGED NOTES+ O*LIGATIONS AND SECURITIES<
166 Forging
treas%r$ or
Acts (!nis$ed"
1. Forging or falsification of treas%r$ or an7 notes or other
an7 notes or
other
doc%ments
pa$ale to
earer-
importing and
%ttering s%ch
false or forged
notes and
doc%ments
doc%ments pa$ale to earer
2. 4mportation of s%ch false or forged oligations or notes
3. Ettering of s%ch false or forged oligations or notes in
connivance with the forgers or importers
2"r#in# ( committed $ giving to a treas%r$ or an7 note or an$
instr%ment pa$ale to earer or to order the appearance of a tr%e and
gen%ine doc%ment
2alsi&icati"n ( erasing! s%stit%ting! co%nterfeiting or altering $
an$ means! the fig%res! letters! words! or signs contained therein
O,li#ati"n "r Sec!rit%" onds! certificates of indetedness! national
an7 notes! co%pons! treas%r$ notes! fractional notes! certificates of
deposits! ills! chec7s! drafts for mone$! and other representatives of
val%e iss%ed %nder an$ 5ct of )ongress
169 )o%nterfeiting!
importing! and
%ttering
instr%ments
not pa$ale to
earer
1. There is an instr%ment pa$ale to order or
other doc%ment of credit not pa$ale to
earer
2. 8ffender either forged! imported or %ttered
s%ch instr%ment
3. 4n case of %ttering! he connived with the
forger or importer
.%st involve an instr%ment pa$ale to order or other doc%ment of
credit not pa$ale to earer
Forger$ of c%rrenc$ is p%nishale so as to maintain the integrit$ of
the c%rrenc$ and th%s ins%re the credit standing of the government
and prevent the imposition on the p%lic and the government of
worthless notes or oligations
16= 4llegal
possession and
%se of false
treas%r$ or
an7 notes and
other
instr%ments of
credit
1. 5n$ treas%r$ or an7 note or certificate or
other oligation and sec%rit$ pa$ale to
earer! or an$ instr%ment pa$ale to order or
other doc%ment of credit not pa$ale to
earer is forged or falsified $ another
person
2. 8ffender 7nows that an$ of those
instr%ments is forged or falsified
3. <e either
a. Eses an$ of s%ch forged or falsified
instr%ments
. Possesses with intent to %se an$ of
s%ch forged or falsified instr%ments
P"ssessi"n of false treas%r$ or an7 note alone is n"t a criminal
"&&ense. There m%st e an intent to %se.
16> <ow forger$ is
committed
1. @$ giving to a treas%r$ or an7 note or an$
instr%ment pa$ale to earer or to order
mentioned therein! the appearance of a tr%e
Forger$ incl%des falsification and co%nterfeiting
De&acement! m!tilati"n! tearin#! ,!rnin# or destr"%in# of )entral
and gen%ine doc%ment
2. @$ erasing! s%stit%ting! co%nterfeiting! or
altering $ an$ means the fig%res! letters!
words! or sign contained therein
@an7 notes and coins are penalized
CRIMES AGAINST PU*LIC INTEREST: 2ORGERIES ;2ALSI2ICATION O2 LEGISLATI/E+ PU*LIC+ COMMERCIAL+ AND PRI/ATE
DOCUMENTS+ AND 1IRELESS+ TELEGRAPH+ AND TELEPHONE MESSAGES<
19? Falsification of
legislative
doc%ments
1. There is a ill! resol%tion or ordinance
enacted or approved or pending approval $
either <o%se of the Cegislat%re or an$
provincial oard of m%nicipal co%ncil
2. 8ffender alters the same
3. <e has no proper a%thorit$ therefore
4. The alteration has changed the meaning of
the doc%ment
The ill! resol%tion or ordinance m%st e gen%ine
The offender is an$ person
The act of falsification in legislative doc%ment is limited to altering
it which changes its meaning
191 Falsification
$ p%lic
officer!
emplo$ee or
notar$ or
ecclesiastical
minister
1. 8ffender is a p%lic officer! emplo$ee! or
notar$ p%lic
2. <e ta7es advantage of his official position
3. <e falsifies a doc%ment $ committing an$
of the following"
a. )o%nterfeiting or imitating and
handwriting! signat%re or r%ric
. )a%sing it to appear that persons
have participated in an$ act or
proceeding when the$ did not in fact
so participated
c. 5ttri%ting to persons who have
participated in an$ act or proceeding
statements other than those in fact
made $ them
d. .a7ing %ntr%thf%l statements in a
narration of facts
e. 5ltering tr%e dates
f. .a7ing an$ alteration or
intercalation in a gen%ine doc%ment
which change its meaning
g. 4ss%ing in an a%thenticated form a
doc%ment p%rporting to e a cop$ of
an original doc%ment when no s%ch
original e/ists! or incl%ding in s%ch
The offender ta7es advantage of his official position"
1. <e has the d%t$ to ma7e or to prepare or otherwise to
intervene in the preparation of the doc%ment
2. <e has the official c%stod$ of the doc%ment which he
falsifies
D"c!ment ( an$ written statement $ which a right is estalished or
an oligation e/ting%ished
2oes not disting%ish whether the doc%ment is p%lic or
private
The law re0%ires that there e a #en!ine d"c!ment where the
intercalation or alteration is made
: a%s in c"mmittin# &alsi&icati"n"
1. )o%nterfeiting! which is sim%lating a signat%re! handwriting
or r%ric
2. Feigning! which is sim%lating a signat%re! handwriting or
r%ric o%t of one which does not e/ist
Mere drain# !( of a false doc%ment is n"t s!&&icient to constit%te
the crime of falsification
Re7!isites "& c"!nter&eitin# ;a<"
1. That there e an intent to imitate or an attempt to imitate
2. That the two signat%res or handwritings! the gen%ine and the
a cop$ a statement contrar$ to! or
different from! that of the gen%ine
original
h. 4ntercalating an$ instr%ment or note
relative to the iss%ance thereof in a
protocol! registr$! or official oo7
4. 4n an$ case the offender is an ecclesiastical
minister who shall commit an$ of the
offenses en%merated! with respect to an$
record or doc%ment of s%ch character that its
falsification ma$ affect the civil stat%s of
persons
forged! ear some resemlance to each other
Re7!isites t" ;,<:
1. That the offender ca%sed it to appear in a doc%ment that a
person or persons participated in an act or a proceeding
2. That s%ch person or persons did not in fact so participated in
the act or proceeding
*hen committed $ a private individ%al! this article can
appl$
Re7!isites t" ;c<"
1. That a person or persons participated in an act or proceeding
2. That s%ch person or persons made statements in the act or
proceeding
3. That the offender! in ma7ing a doc%ment! attri%ted to s%ch
person or persons statements other than those in fact made
$ s%ch persons or persons
Re7!isites t" ;d<"
1. That the offender ma7es in a doc%ment statements in a
narration of facts
2. That he has a legal oligation to disclose the tr%th of the
facts narrated $ him
3. That the facts narrated $ the offender are asol%tel$ false
4. That the perversion of tr%th in the narration of facts was
made with the wrongf%l intent of in&%ring a 3
rd
person
There m%st e a narrati"n "& &acts+ not of c"n&!si"n "& la
The person ma7ing the narration of facts m%st e aware of
the falsit$ of the facts narrated $ him
The perversion of tr%th m%st e made with the r"n#&!l
intent "& in6!rin# a >
rd
(ers"n
There is no falsification $ one who acted in #""d &ait$
Re7!isites t" ;&<:
1. That there e an alteration (change) or intercalation
(insertion) on a doc%ment
2. That it was made on a gen%ine doc%ment
3. That the alteration or intercalation has changed the meaning
of the doc%ment
4. That the change made the doc%ment spea7 something false
Re7!isites t" ;#<"
1. )annot e committed $ a private individ%al or $ a notar$
p%lic or a p%lic officer who does not ta7e advantage of his
official position
2. 4ntent to gain or pre&%dice is not necessar$
192 Falsification
$ private
individ%al and
%se of falsified
doc%ments
2alsi&icati"n "& (!,lic+ "&&icial "r c"mmercial
d"c!ment ,% a (ri'ate indi'id!al
1. 8ffender is a private individ%al or p%lic
officer or emplo$ee who did not ta7e
advantage of his official position
2. <e committed an$ act of falsification
3. The falsification was committed in a p%lic
official! or commercial doc%ment or letter of
e/change
2alsi&icati"n "& (ri'ate d"c!ment ,% an% (ers"n
1. 8ffender committed an$ of the acts of
falsification e/cept article 191 (9)! that is!
iss%ing in an a%thenticated from a doc%ment
p%rporting to e a cop$ of an original
doc%ment when no s%ch original e/ists! or
incl%ding in s%ch a cop$ a statement
contrar$ to! or different from! that of the
gen%ine original
2. Falsification was committed in an$ private
doc%ment
3. Falsification cases damage to a 3
rd
part$ or at
least the falsification was committed with
intent to ca%se s%ch damage
Use "& &alsi&ied d"c!ment
(4n introd%cing in a &%dicial proceeding)
1. 8ffender 7new that the doc%ment was
falsified $ another person
2. The false doc%ment is emraced in articles
191 and 192
3. <e introd%ced said doc%ment in evidence in
an$ &%dicial proceeding
Par 1
5rt 192 d"es n"t (!nis$ falsification $ p%lic officer! emplo$ee or
notar$ p%lic $" ta=es ad'anta#e "& $is "&&icial ("siti"n
Art .@. (ar ;#< cannot e committed in 192
A 0inds "& D"c!ment:
1. P%lic 2oc%ment ( a doc%ment created! e/ec%ted or iss%ed
$ a p%lic official in response to the e/igencies of the
p%lic service! or in the e/ec%tion of which a p%lic official
intervened
2. 8fficial 2oc%ment ( a doc%ment which is iss%ed $ a p%lic
official in the e/ercise of the f%nctions of his office. 4t is
also a p%lic doc%ment
3. Private 2oc%ment ( a deed or instr%ment e/ec%ted $ a
private person witho%t the intervention of a notar$ p%lic or
other person legall$ a%thorized! $ which doc%ment some
disposition or agreement is proved! evidenced or set forth
4. )ommercial 2oc%ment ( an$ doc%ment defined and
reg%lated $ the )ode of )ommerce
T$e ("ssess"r "& a &alsi&ied d"c!ment is pres%med to e the a!t$"r
"& t$e &alsi&icati"n
4ntent to ca%se damage is n"t necessar%
Lac= "& malice "r criminal intent is a defense in 192 par 1
Par 2
Mere &alsi&icati"n of private doc%ments is n"t en"!#$
(4n %se in an$ other transaction)
1. 8ffender 7new that a doc%ment was falsified
$ another person
2. The false doc%ment is emraced in articles
191 or 192
3. <e %sed s%ch doc%ment (not in &%dicial
proceedings)
4. The %se ca%sed damage to another or at least
%sed with intent to ca%se damage
+with the intent to ca%se s%ch damage, ( the offender performs some
other independent act in order to ma7e %se of it
Dama#e need n"t ,e material
There is no c"m(le4 crime of estafa thro%gh falsification of a
private doc%ment
4f the estafa was alread$ cons%mmated at the time of the
falsification of the private doc%ment! or if the falsification
of a private doc%ment was committed for the p%rpose of
concealing the estafa! the falsification is not p%nishale!
eca%se as regards the falsification of the private doc%ment!
there was no damage or intent to ca%se damage
There is no falsification thro%gh rec=less im(r!dence if the
doc%ment is private and no act%al damage is ca%sed
There is no attempted or fr%strated stage- Falsification is
cons%mmated the moment the gen%ine doc%ment is altered of the
moment the false doc%ment is e/ec%ted
Par 3
2amage is n"t necessar% in the crime of introd%cing in 6!dicial
(r"ceedin# a &alse d"c!ment
Ese of falsified doc%ment in proceeding not &%dicial! re0%ires at least
intent to ca%se damage
193 Falsification of
wireless! cale!
telegraph and
telephone
messages! and
%se of said
falsified
messages
Utterin# &ictiti"!s ireless+ tele#ra($+ "r tele($"ne
messa#e andB"r &alsi&%in# ireless+ tele#ra($ "r
tele($"ne messa#es
1. 8ffender is an officer or emplo$ee of the
government or an officer or emplo$ee of a
private corporation! engaged in the service
of sending or receiving wireless! cale! or
telephone message
2. <e commits an$ of the following acts"
a. Etters fictitio%s wireless! cale!
telegraph! or telephone messages
. Falsifies wireless! cale! telegraph
Par 1
The p%lic officer! to e liale! m!st ,e en#a#ed in the service of
sending or receiving wireless! cale! telegraph or telephone message
Par 2
Private individ%als cannot e a principal $ direct participation in
falsification of telegraphic dispatches
or telephone message
Usin# s!c$ &alsi&ied messa#es
1. 8ffender 7new that wireless! cale!
telegraph! or telephone message was
falsified $ an officer or emplo$ee of the
government or an officer or emplo$ee of a
private corporation! engaged in the service
of sending or receiving wireless! cale! or
telephone message
2. <e %sed s%ch falsified dispatch
3. The %se res%lted in the pre&%dice of a 3
rd

part$ or at least there was intent to ca%se
s%ch pre&%dice
CRIMES AGAINST PU*LIC INTEREST: 2ORGERIES ;2ALSI2ICATION O2 MEDICAL CERTI2ICATES+ CERTI2ICATES O2 MERIT
OR SER/ICE+ AND THE LI0E<
194 False medical
certificates!
false
certificates of
merits or
service! etc
Pers"ns lia,le"
1. Ph$sician or s%rgeon who! in connection with the practice of
his profession! iss%es a false certificate (it m%st refer to the
illness or in&%r$ of a person)
2. P%lic officer who iss%es a false certificate of merit of
service! good cond%ct or similar circ%mstance (the crime is
false certificate of merit or service $ a p%lic officer)
3. Private person who falsifies a certificate falling within the
classes mentioned in the 2 preceding s%divisions (crime is
false medical certificate or false certificate of merit or
service $ a private individ%all)
Certi&icate ( an$ writing $ which testimon$ is given that a fact has
or has not ta7en place
)ertification of large cattle is a p%lic doc%ment and its falsification
is covered $ 5rt 191 or 192 depending on whether the offender is a
p%lic officer or a private individ%al
193 Esing false
certificate
1. The following iss%es a false certificate"
a. Ph$sician or s%rgeon! in connection
with the practice of his profession!
iss%es a false medical certificate
. P%lic officer iss%es a false
certificate of merit of service! good
*hen an$ of the dalse certificates mentioned in 5rt 194 is %sed in
the &%dicial proceeding! 5rt 192 does not appl$! eca%se the %se of
false doc%ment in &%dicial proceeding %nder 192 is limited to those
false doc%ments emraced in 191 and 192
cond%ct or similar circ%mstances
c. Private person falsifies a certificate
falling within the classes mentioned
in the 2 preceding s%divisions
2. 8ffender 7nows that the certificate was false
3. <e %ses the same
CRIMES AGAINST PU*LIC INTEREST: 2ORGERIES ;MANU2ACTURING+ IMPORTING+ AND POSSESSION O2 INSTRUMENTS O2
IMPLEMENTS INTENDED 2OR THE COMMISSION O2 2ALSI2ICATION<
196 .an%fact%ring
and possession
of instr%ments
or implements
for
falsification
Acts (!nis$ed"
1. .a7ing or introd%cing into the Philippines an$ stamps! dies!
mar7s! or other instr%ments for co%nterfeiting or
falsification
2. Possession with intent to %se the instr%ments or implements
for co%nterfeiting or falsification made in or introd%ced into
the Philippines $ another person
The possession prohiited in 5rt 163 and 196 of the AP) is
possession in general! that is! not onl$ act%al! ph$sical possession!
%t also constr%ctive possession or the s%&ection of the thing to
one1s control
CRIMES AGAINST PU*LIC INTEREST: OTHER 2ALSI2ICATION ;USURPATION O2 AUTHORITY+ RAN0+ TITLE AND IMPROPER
USE O2 NAMES+ UNI2ORMS+ AND INSIGNIA<
199 Es%rpation of
a%thorit$ or
official
f%nctions
Us!r(ati"n "& a!t$"rit%
1. 8ffender 7nowingl$ and falsel$ represents
himself as an officer agent or representative
of an$ department or agenc$ of the
Philippine Government or of an$ foreign
government
Us!r(ati"n "& "&&icial &!ncti"ns
1. 8ffender performs an$ act %nder pretense of
official position
2. The act pertains to an$ person in a%thorit$ or
p%lic officer of the Philippine Government
or an$ foreign government! or an$ agenc$
thereof
3. <e is not lawf%ll$ entitled to do so
The law demands ("siti'e+ e4(ress and e4(licit re(resentati"n on
the part of the offender efore he can e convicted of %s%rpation of
a%thorit$
The offender sho%ld have represented himself to e an officer! agent
or representative of an$ department or agenc$ of the government- or
sho%ld have performed an act pertaining to a person in a%thorit$ or
p%lic officer
False representation ma$ e shown $ acts
.a$ e violated $ a (!,lic "&&icer
5 !s!r(er is one who introd%ces himself into an office that is
vacant! or who! witho%t color of title! o%sts the inc%ment and
ass%mes to act as an officer $ e/ercising some of the f%nctions of
the office
P%nishes %s%rpation of a%thorit$ or official f%nctions of an$ officer
of an$ foreign government
19= Esing
fictitio%s name
and concealing
tr%e name
Usin# &ictiti"!s name
1. 8ffender %ses a name other than his real
name
2. <e %ses the fictitio%s name p%licl$
3. P%rpose is to conceal a crime! to evade the
e/ec%tion of a &%dgment or to ca%se damage
C"ncealin# tr!e name
1. 8ffender conceals his tr%e name and other
personal circ%mstances
2. P%rpose is onl$ to conceal his identit$
Par 1
2ictiti"!s name ( an$ other name which a person p%licl$ applies to
himself witho%t a%thorit$ of law
4f the p%rpose is for ca%sing damage! it m%st e damage t" (!,lic
interest
Par 2
2ictiti"!s name C"ncealin# tr!e name
The element of p%licit$ m%st
e present
:lement of p%licit$ is not
necessar$
P%rpose is to accomplish the
crime en%merated
P%rpose is merel$ concealment
of identit$
19> 4llegal %se of
%niforms or
insignia
1. 8ffender ma7es %se of insignia! %niform! or
dress
2. The insignia! %niform or dress pertains to an
office not held $ s%ch person or to a class
of person of which he is not a memer
3. 'aid insignia! %niform or dress is %sed
p%licl$ and improperl$
*earing the %niform of an imaginar$ office is not p%nishale
5n e4act imitati"n of a %niform or dress is !nnecessar%
Esing %niform! decoration or regalia of foreign state is p%nishale
CRIMES AGAINST PU*LIC INTEREST: OTHER 2ALSI2ICATION ;2ALSE TESTIMONY<
1=? False
testimon$
against a
defendant
1. There is a criminal proceeding
2. 8ffender testifies falsel$ %nder oath against
the defendant therein
3. 8ffender who gives false testimon$ 7nows
that it is false
4. 2efendant against whom the false testimon$
is given is either ac0%itted or convicted in a
final &%dgment
2alse testim"n% ( committed $ a person who! eing %nder oath and
re0%ired to testif$ as to the tr%th of a certain matter at a hearing
efore a competent a%thorit$! shall den$ the tr%th or sa$ something
contrar$ to it
Nat!re" Falsehood is ever reprehensile- %t it is partic%larl$ odio%s
when committed in &%dicial proceedings! as it constit%tes an
imposition %pon the co%rt and serio%s e/poses it to a miscarriage of
&%stice
The witness who gave false testimon$ is liale even if his testimon$
was not considered $ the co%rt
'ince the law p%nishes the false witness even if the
defendant in the principal case is ac0%itted! it wo%ld seem
that the law intends to p%nish the mere giving of false
testimon$
1=1 False
testimon$
favorale to
the defendant
1. 5 person gives false testimon$
2. 4n favor of the defendant
3. 4n a criminal case
P%nishale not eca%se of the effect it act%all$ prod%ces! %t eca%se
of its tendenc$ to favor or to pre&%dice the defendant
The false testimon$ in favor of defendant need not directl$ infl%ence
the decision of ac0%ittal (it need not enefit the defendant)
Aatification made spontaneo%sl$ after realizing the mista7e is not
false testimon$
1=2 False
testimon$ in
civil cases
1. Testimon$ is given in a civil case
2. Testimon$ relates to the iss%es presented in
said case
3. Testimon$ is false
4. 8ffender 7nows that testimon$ is false
3. Testimon$ is malicio%s and given with an
intent to affect the iss%es presented in said
case
Testimon$ given in the civil case m%st e false
2oes not appl$ when the false testimon$ is given in special
proceedings
1=3 False
testimon$ in
other cases and
per&%r$ in
solemn
affirmation
1. 8ffender ma7es a statement %nder oath or
e/ec%tes an affidavit %pon a material matter
2. The statement of affidavit is made efore a
competent officer! a%thorized to receive and
administer oaths
3. 8ffender ma7es a willf%l and delierate
assertion of a falsehood in the statement or
affidavit
4. 'worn statement or affidavit containing the
falsit$ is re0%ired $ laws
: a%s "& c"mmittin# (er6!r%"
1. @$ falsel$ testif$ing %nder oath (sho%ld not e in a &%dicial
proceeding)
2. @$ ma7ing a false affidavit
Oat$ ( an$ form of attention $ which a person signifies that he is
o%nd $ conscience to perform an act faithf%ll$ and tr%thf%ll$
A&&ida'it ( sworn statement in writing made %pon oath efore an
a%thorized magistrate or office
Material matter ( it is the main fact which is the s%&ect of the
in0%ir$ or an$ circ%mstance which tends to prove that fact! or an$
fact or circ%mstance which tends to corroorate or strengthen the
testimon$ relative to the s%&ect of in0%ir$! or which legitimatel$
affects the credit of an$ witness who testifies
Material *hen it is directed to prove a fact in iss%e
Rele'ant *hen it tends in an$ reasonale degree to
estalish the proailit$ or improailit$ of a fact
in iss%e
Pertinent )oncerns collateral matters which ma7e more or
less proale the proposition at iss%e
;o per&%r$ if sworn statement is not material to the principal matter
%nder investigation
The assertion of falsehood m%st e willf%l and delierate
Good faith or lac7 of malice is a defense in per&%r$
S!,"rdinati"n "& (er6!r% ( committed $ a person who 7nowingl$
and willf%ll$ proc%res another to swear falsel$ and the witness
s%orned does testif$ %nder circ%mstances rendering him g%ilt$ of
per&%r$
1=4 8ffering false
testimon$ in
evidence
1. 8ffender offers in evidence a false witness
or testimon$
2. <e 7nows that the witness or the testimon$
was false
3. The offer is made in an$ &%dicial or official
proceeding
5pplies when the offender does not ind%ce a witness to testif$
falsel$
SPECIAL LA1S
# Crime Elements P!nis$a,le Acts Hi#$li#$ts
P2 332 5ntiDPirac$ and 5ntiD
<ighwa$ Aoer$
1. 5 person 7nowingl$ aids or protects
pirates
2. 5c0%ires or receives propert$ ta7en $
s%ch pirates! or in an$ manner derives
an$ enefit therefrom
3. 2irectl$ and indirectl$ aets the
commission of the pirac$
Pirac$ ma$ e committed in
the Philippine waters or in
the high seas $ an$ person
(o%tsider! passenger! or
memer of the complement
of the vessel)
5rt 122 P2 332
Cimits the
offenders
to nonD
passengers
;o
0%alification
as to the
criminal!
hence it can
e a crew
P2 6233 5ntiD<i&ac7ing Caw 1. 5ircraft m%st e of Philippine registr$
and it m%st e in flight
2. Es%rping or seizing
control of an
aircraft of the
Philippines
3. Es%rping or seizing
control of an
aircraft of foreign
registr$ while
within the
Philippines
4. )arr$ing or loading
on oard an aircraft
operating as a
p%lic %tilit$
passenger aircraft
in the Philippines!
an$ flammale!
corrosive!
e/plosive! or
poisono%s
s%stance
3. Coading! shipping
or transporting on
oard a cargo
aircraft operating as
a p%lic %tilit$ in
the Philippines! an$
flammale!
corrosive!
e/plosive! or
poisono%s
s%stance if this
was done in
accordance with the
r%les and
reg%lations set and
prom%lgated $ the
5ir Transportation
8ffice