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PHILIPPINE REVISED PENAL CODE BOOK 2

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against national security:


1. Treason (114)
2. Conspiracy and proposal to commit treason (115)
3. Misprision of treason (116)
4. Espionage (117)

Crimes against the law of nations:


1. Inciting to war or giving motives for reprisals (118)
2. Violation of neutrality (119)
3. Correspondence with hostile country (120)
4. Flight to enemy’s country (121)
5. Piracy in general and mutiny on the high seas or in Philippine waters (122)

114. TREASON
Elements:
1. Offender – Filipino citizen or alien residing in the Philippines
2. There is a war – Philippine is involved (not civil war)
3. Offender – (a) levies war against the government (declare war) or (b) adheres to
the enemies giving the maid or comfort.

Treason – breach of allegiance to the government committed by a person who


owes allegiance to it.

Allegiance - the obligation of fidelity and obedience which the individuals owe to the
government under which they love or to their sovereign, in return for the protection
they receive.

** Treason cannot be committed in time of peace – while there is peace, there are
no traitors. Treason is a war crime; it is punished by the state as a measure of
self-defense and self-preservation.

“Levies war” means an actual assembling of men for the purpose of executing a
treasonable design by force. It is not necessary that there be a formal declaration of
the existence of a state of war. The war must be directed against the government:
organized to overthrow and destroy the established government. Mere public
uprising to inflict an act of hate or revenge upon the persons of public officers does
not constitute treason because it is not directed against the government. The
levying of war must be in collaboration with a FOREIGN COUNTRY.

** Adherence and giving aid or comfort to the enemy must CONCUR TOGETHER.**
The aid and comfort must be given to the enemy by some kind of action – it must be
a deed or physical activity, not merely mental operation. It must be to render
assistance to them as enemies and in furtherance of the enemies’ hostile designs.

** Murder and physical injuries were inherent in the crime of treason characterized
by the giving of aid and comfort to the enemy. These crimes cannot be complexed
with treason.

** Treason by Filipino citizen can be committed outside of the Philippines, but


treason by an alien must be committed IN THE PHILIPPINES.** Treason is a
continuous offense – may be committees by one single act, series of acts, several
series thereof, and different times.

Ways of proving treason:

1. Testimony of two witnesses to the same overt act

2. Confession of the accused in open court Two-witness rule: The testimony of two
witnesses is required to prove the overt act of giving aid or comfort. It is not
necessary to prove adherence. Each of the witnesses must testify to the whole overt
act, or if separable, there must be two witnesses to each part of the overt act.

** The defense of duress, lawful obedience to a de facto government is a good


defense in treason.
115. CONSPIRACY & PROPOSAL TOCOMMIT TREASON

** Conspiracy to commit treason is committed when in time of war, two or more


persons come to an agreement to levy war against the government or to adhere to
the enemies and to give them aid or comfort, and decide to commit it.

** Proposal to commit treason is committed when in time of war a person who has
decided to levy war against the government or to adhere to the enemies and to give
them aid or comfort, proposes its execution to some other person or persons.

** Reason: in treason, the very existence of the state is ENDANGERED


**The two-witness rule does not apply to conspiracy or proposal to commit treason.

116. MISPRISION OF TREASON (keeping it to himself, silence)


Elements:
1. Offender – owing allegiance to the government and NOT a foreigner
2. Offender – has knowledge of any conspiracy to commit treason against the
government
3. Offender – conceals or does not disclose and make known the same as soon as
possible to the:

(a) Governor or fiscal of the province or


(b) To the mayor or fiscal of the city WHICH HERESIDES.** Cannot be committed by
a resident alien

** Does not apply when treason is already committed by someone and the accused
does not report its commission to the proper authority – knowledge of
CONSPIRACY

** His penalty is like the penalty for an accessory, still he is in the state of being the
principal.
117. ESPIONAGE (spy)
Two ways of committing:

A. “Entering” Elements:
1. Offender – enters a Warship, Fort, Naval or Military establishment or reservation
2. He has no authority to do so
3. Purpose – to obtain Information, Plans, Photographs or other data of a
confidential nature relative to the defense of the Philippines

B. “Disclosing” elements
1. Offender – public officer
2. He has in his possession the said articles, data or information by reason of the
public office he holds
3. He discloses their contents to a representative of a foreign nation.

118. INCITING TO WAR OR GIVINGMOTIVES FOR REPRISAL


Elements:
1. Offender – performs unlawful or unauthorized acts
2. Such acts provoke or give occasion or a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisal on their persons or property

** The intention of the offender is immaterial– the law considers the effects
produced by the act of the accused. Such acts might disturb the friendly relation
that we have with a foreign country, and that are penalized even if they constitute
a mere imprudence.
** Committed in time of peace
119. VIOLATION OF NEUTRALITY

Elements:
1. There is war in which the Philippines is NOT INVOLVED
2. There us a regulation issued by competent authority for the purpose of enforcing
neutrality
3. Offender – violates such regulation

** A nation or power which takes no part in a contest of arms going on between


others is referred to as neutral.

120. CORRESPONDENCE WITH HOSTILECOUNTRY

Elements: (In time of war in which the Philippines is involved)


1. Offender – makes correspondence with an enemy country or territory occupied
by enemy troops
2. The correspondence is either Prohibited by the government Carried on ciphers or
conventional signs, or Containing notice or information which might be useful to the
enemy Correspondence – communication by means of letters

121. FLIGHT TO ENEMY’S COUNTRY


Elements:
1.There is a war in which the Philippines is involved
2.Offender – owes allegiance to the Philippine government
3.Offender – attempts to flee or go to enemy’s country
4.Going to the enemy’s country is prohibited by competent authority (government)

** Mere attempt to enemy’s country consummates the crime.

**If fleeing or going to an enemy country is not prohibited by competent authority,


the crime is not committed.
122. PIRACY IN GENERAL AND MUTINY ON THE HIGHT SEAS
Elements:
1.A vessel is on the high seas or in Philippine waters
2.Offenders – not members of its complement or passengers of vessels
3.Offenders
attack or seize that vessel,
Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.

Piracy – robbery or forcible depredation on the high seas without lawful authority
and done with intent to steal.

Piracy vs. robbery on the high seas:


There is violence against or intimidation of persons or force upon things in taking
the property in the vessel

Robbery – offender is a member of the complement or a passenger of the vessel

Piracy – offender is NOT a passenger or a member of the complement of the vessel.

Mutiny – usually committed by the other members of the complement and may be
committed by the passengers of the vessel. It is the unlawful resistance to
a superior officer or the raising of commotions and disturbances on board a ship
against the authority of its commander.

PIRACY MUTINY
Persons who attack the vessel or seize its cargo are STRANGERS to said vessel,
they are members of the crew or passengers Intent to steal is essential. Intent to
ignore the ship’s officers or they may be prompted by a desire to commit plunder
123. QUALIFIED PIRACY

There should be piracy or mutiny in the high seas. This will be qualified if any of the
following circumstances is present:

1. Whenever the pirates have seized the vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves;
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.

** This is a special complex crime punishable by reclusion perpetua regardless of


the number of victims.

** Any person who aids or protects pirate’s or abets the commission of piracy shall
be considered as an accomplice.
TITLE TWO

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

1. Arbitrary detention (124)


2. Delay in the delivery of detained persons to the proper judicial authorities (125)
3. Delaying release (126)
4. Expulsion (127)
5. Violation of domicile (128)
6. Search warrants maliciously obtained and abuse in the service of those legally
obtained (129)
7. Searching domicile without witness (130)
8. Prohibition, interruption, and dissolution of peaceful meetings (131)
9. Interruption of religious worship (132)
10. Offending of religious feelings (133)

124. ARBITRARY DETENTION


Elements:
1. Offender – public officer or employee
2. Offender – detains a person
3. Detention – without legal grounds

** Public officers liable – must be vested with authority to detain or order the
detention of persons accused of a crime;

Examples: policemen, judges, mayor.

** There is detention when he is placed in a confinement or there is a restraint on


his person – even if he could move freely, as long as he could not escape for fear of
being apprehended again. Legal grounds for the detention of a person:
1. Commission of a crime
2. Violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital.

** Arrest without warrant us the usual cause of arbitrary detention.

Warrantless arrest:

1. When in the presence of a peace officer or a private person, the person to be


arrested has committed, is actually committing, or is attempting to commit an
offense;
2. When an offense has in fact just been committed, and he has probable cause to
believe based on personal knowledge of facts and circumstances that the person
to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

** It can be committed through imprudence.

125. DELAY IN THE DELIVERY OFDETAINED PERSONS TO THE


PROPER JUDICIAL AUTHORITIES
Elements:
1. Offender – public officer or employee
2. Offender – detained a person for some legal grounds
3. Offender – fails to deliver person to proper judicial authorities within:
12 hours - offense of light penalty
18 hours - offenses of correctional penalty
36 hours - offense of afflictive or capital penalty

** Applies only to legal warrantless arrest – if the arrest was made with warrant, the
person arrested can be detained indefinitely until his case is decided by the court or
he posts a bail for temporary release.
** Reason for provision – it is intended to prevent any abuse resulting from confining
a person without informing him of his offense and without permitting him to go on
bail.
126. DELAYING RELEASE
Elements:
1. Offender – public officer or employee
2. There is: judicial/executive order for prisoner’s release proceeding upon a
petition for prisoner’s liberation
3. Offender, without good reason, delays– Service of the notice of such order to the
prisoner Performance of such J/E order for release Proceedings upon a petition of a
petitioner’s liberation (writ of habeas corpus)

** Wardens and jailers are the public officers most likely to violate article 126.

127. EXPULSION
Elements:
1. Offender – public officer or employee
2. Offender – expels any person from the Philippines or compels a person to
change residence
3. Offender – not authorized by law to do so.

** Only the court by a final judgment can order a person to change his residence.
This can be by ejectment proceedings, expropriation proceedings, and the penalty
of destierro.
128. VIOLATION OF DOMICILE
Elements:
1. Offender – public officer or employee
2. Offender – not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers and other effects
3. Does any of the following acts:

Entered a dwelling against the will of the owner thereof searched papers or other
effects found therein without previous consent of such owner refused to leave the
premises after having surreptitiously (secretly) entered said dwelling and having
been required to leave the same.

** Against the will of the owner – there should be OPPOSITION or PROHIBITION,


expressed or implied, no crime committed if entrance is merely without consent of
the owner.

**Qualifying circumstances:

1. nighttime
2. papers/effects not constituting evidence of a crime are not returned immediately
after the search made by the offender
129. SEARCH WARRANTS MALICIOUSLY OBTAINES AND ABUSE IN THE
SERVICEOF THOSE LEGALLY OBTAINED
Elements: Procuring a search warrant without just cause
1. Offender – public officer or employee
2. Offender – procures a search warrant
3. There is no just cause

Properties to be seized:
1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of the offense
3. Used or intended to be used as the means of committing an offense

Requisites for issuing search warrant:


1. Probable cause – connected with one specific offense, determined personally by
the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce
2. Particularly describing the place to be searched or the person of place to be
seized, which may be anywhere in the Philippines

** A search warrant shall be valid for 10 days from its date. Thereafter, it shall
be void.

Probable cause – facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed, and that the
object sought in connection with the offense are in the place sought to be searched.

** Peace officers may enter the house of an offender who committed an offense in
their presence.

Exceeding authority or using unnecessary severity in executing a search warrant


legally procured
Elements:
1. Offender – public officer or employee
2. He has legally procured a search warrant
3. He exceeds his authority or uses unnecessary severity in using the same
130. SEARCHING DOMICILE WITHOUTWITNESSES
Elements:
1. Offender – public officer or employee
2. Offender – armed with search warrant legally procured
3. Offender – searches the domicile, papers or other belongings of any person
4. Owner or any member of his family or two witnesses residing in the same locality
are not present

131. PROHIBITION, INTERRUPTION, ANDDISSOLUTION OF PEACEFUL


MEETINGS
Elements:
1. Offender – public officer or employee
2. Commits any of the following:
a. Prohibiting or interrupting, without legal ground, the holding of a peaceful
meeting, or by dissolving the same;
b. Hindering any person from joining any lawful association or from attending
any of its meetings;
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.

** Clear and present danger – to justify suppression of free speech, there must be
reasonable ground to believe that the danger apprehended is IMMINENT and
that the evil to be prevented is a serious one.

** The offender should be a stranger, and not a participant of the peaceful meeting.
132. INTERRUPTION OF RELIGIOUSWORSHIP
Elements:
1. Offender – public officer or employee
2. Religious ceremonies or manifestations of any religion are about to take place or
going on
3. Offender – prevents or disturbs the same
** Religious acts performed anywhere
**Qualified if committed with violence or threats

133. OFFENDING OF RELIGIOUSFEELINGS


Elements:
1. Offender – anyone
2. Act complained is performed:
(a) in a place devoted to religious worship,
(b) During the celebration of any religious ceremony
3. Act must be notoriously offensive to the feelings of the faithful

** There must be deliberate intent to hurt the feelings of the faithful

** Offense to feelings is judged from the complainant’s point-of-view VIOLATIONS


IN CONSTITUTION:
1. Arts. 124, 125, and 126 - Sec. 1, Art.3: Right to liberty
2. Art. 127 - Sec. 6, Art. 3: Liberty of abode
3. Arts. 128, 129, and 130 - Sec. 2, Art.3: Right against unreasonable searches and
seizures
4. Art. 131 - Sec. 4, Art. 3: Freedom of speech, expression, and press, assembly and
redress of grievances
5. Arts. 132 and 133 - Sec. 5, Art. 3: Freedom of religion
TITLE THREE: CRIMES AGAINST PUBLIC ORDER

1. Rebellion or insurrection (134)


2. Coup d’état (134-A)
3. Conspiracy and proposal to commit coup d’état, rebellion or insurrection(136)
4. Disloyalty of public officers or employees (137)
5. Inciting to rebellion (138)
6. Sedition(139)
7. Conspiracy to commit sedition (141)
8. Inciting to sedition (142)
9. Acts tending to prevent the meeting of Congress and similar bodies (143)
10. Disturbance of proceedings of Congress or similar bodies (144)
11. Violation of parliamentary immunity(145)
12. Illegal assemblies (146)
13. Illegal association (147)
14. Direct assaults (148)
15. Indirect assaults (149)
16. Disobedience to summons issued by Congress, its committees, etc., by the
constitutional commission, its committees, etc. (150)
17. Resistance and disobedience to a person in authority or the agents of such
person (151)
18. Tumults and other disturbances of public order (153)
19. Unlawful use of means of publication and unlawful utterances (154)
20. Alarms and scandals (155)
21. Delivering prisoners from jails (156)
22. Evasion of service of sentence (157)
23. Evasion on occasion of disorders (158)
24. Violation of conditional pardon (159)
25. Commission of another crime during service of penalty imposed for another
previous offense (160)
134. REBELLION OR INSURRECTION
Elements:
1. There is (a) public uprising and (b) taking arms against the government.
2. Purpose of uprising or movement: (a) to remove from the allegiance to said
government or its laws – the territory of the Philippines or any part thereof; or
anybody of land, naval or armed forces; or (b) to deprive the Chief Executive or
Congress, wholly or partially of any of their powers or prerogatives.

Rebellion – its object is completely to overthrow and supersede the existing


government.

Insurrection – a movement which seeks merely to effect some change of minor


importance, or to prevent the exercise of governmental authority with respect to a
particular matter or subject.

** Purpose of the uprising must be shown.


** It is not necessary that the purpose of the rebellion be accomplished – if they are
successful, they get to hold the government; they will not sue their own selves.

TREASON REBELLION
Levying of war against the government, Levying of war against the government for
performed to aid the enemy reasons: remove from allegiance to
government and deprive president and
congress of any of their powers
May be committed by mere adherence to Always involves taking up arms(uprising)
adherence to the enemy giving him aid or against the government;
comfort;
Can be committed by an individual Can be committed by an individual;
Multitude/ crime of masses.
Crime against national security Crime Crime against public order
against public order
134 A. COUP D’ETAT
Elements:
1. Offender – person/s belonging to the military or police holding any public office or
employment
2. Committed – swift attack accompanied by violence, intimidation, threat, strategy
or stealth;
3. Attack – directed against duly constituted authorities of the Philippines or any
military camp or installation, communication networks, public utilities, or
other facilities needed for the exercise and continued possession of power
4. Purpose of attack – to seize/diminish state power Leaders Persons liable for
rebellion, insurrection, and coup d’état are the following:

1. Any person who promotes, maintains, or heads a rebellion or insurrection


2. Any person who leads, directs or commands others to undertake a coup d’état.

Participants:
1. Any person who participates or executes the commands of others in a rebellion
or insurrection
2. Any person IN THE GOVERNMENT who participates or executes the commands
of others in a coup d’état;
3. Any person NOT in the government service who participates, supports, finances,
abets, or aids in undertaking a coup d’état.

** Mere silence or omission is not punishable in rebellion.

** No complex crime of rebellion – Hernandez Ruling –Other crimes committed as a


means to, or, in furtherance of rebellion are absorbed in the crime.
**If other crimes were committed for private purpose/profit, without any political
motivation, would be separately punished and would not be absorbed in rebellion.
136. CONSPIRACY AND PROPOSAL TOCOMMIT COUP D’ETAT, REBELLION
ORINSURRECTION
** There is conspiracy to commit rebellion when two or more persons come to an
agreement to rise publicly and take arms against the government for any purpose
of rebellion and decide to commit it.

** There is proposal to commit rebellion when the person who has decided to rise
publicly and take arms against the government for any of the purposes of rebellion
proposes it execution to some other person or persons.

137. DISLOYALTY OF PUBLIC OFFICERSOR EMPLOYEES


Elements:
1. Offender – public officer or employee
2. Offender – must not be in conspiracy with the rebels
3. Does any of the following acts:
a. Failing to resist rebellion by all the means in their power
b. Continuing to discharge the duties of their offices under the control of the rebels
c. Accepting appointment to office under them. There should be the existence of
rebellion by OTHER PERSONS

138. INCITING TO REBELLION ORINSURRECTION


Elements:
1. Offender – does not take arms or is not in open hostility against the government
2. Offender – incites others to rise publicly and take arms against the government
for the purposes of rebellion
3. Done by means of speeches, proclamations, writings, emblems, banners, or
other representations tending to the same end.

INCITING TO REBELLION PROPOSAL TO COMMIT REBELLION


Not required that the offender has decided The person who proposes has decided to
to commit rebellion; commit rebellion
The act of inciting is done PUBLICLY The person who proposes the execution of
the crime uses SECRETMEANS.
139. SEDITION
Elements:
1. Offenders – rise publicly and tumultuously
2. Offenders – employ Force, Intimidation, or other means outside of legal methods
3. Object:

a. To prevent the promulgation or execution of any law of the holding of any


popular election
b. To prevent the National Government, or any provincial or municipal
government, or any public officer thereof from freely exercising its or his
functions, or prevent the execution of any administrative order
c. To inflict any act of hate or revenge upon the person or property of any public
officer or employee
d. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class
e. To despoil, for any political or social end, any person, municipality or province,
or the National Government of all its property or any part thereof.

SEDITION REBELLION
Public uprising –tumultuous Taking up of arms against the government
Purpose may be political or social Purpose is always political
Common crimes not absorbed Common crimes are absorbed
Proposal is not punished Proposal is punished
Objects – raising of commotions or Objects: purpose of taking arms against
disturbances in the state government
(5 objects of sedition) (Remove from allegiance and deprive exec.
And legis. of freely exercising their powers)
Offended party –government, public officers Offended party –state as a whole
or employees, private persons and social
class
41. CONSPIRACY TO COMMIT SEDITION
** There must be an agreement and a decision to rise publicly and tumultuously to
attain any of the objects of sedition.
** Proposal to commit sedition is not punishable.

142. INCITING TO SEDITION


Elements:
1. Offender – does not take direct part in the crime of sedition
2. Offender – incites others to the accomplishment of any of the acts which
constitute sedition
3. By means of speeches, proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end - or utter seditious words or
speeches, write, publish or circulate scurrilous libels against the government of the
Philippines, or any of the duly constituted authorities thereof which tend to
disturb or obstruct any lawful officer in executing the functions of his office which
tend to instigate others to cabal and meet together for unlawful purposes which
suggest or inciter rebellious conspiracies or riots which lead or tend to stir up the
people against unlawful authorities or to disturb the peace of the community, safety
and order of the government who shall knowingly conceal such evil practices.

** It is not necessary that the words used should in fact result in a rising of people
against the constituted authorities. Its purpose is to punish utterances which may
endanger public order.

Scurrilous – low, vulgar, mean, or foul. Two rules relative to seditious words:
1. The clear and present danger rule danger of a public uprising –danger should be
clear and imminent. There must be reasonable ground to believe that the danger
apprehended is imminent, and the evil sought to be prevented is a serious one. –
probability of serious injury
2. The dangerous tendency rule: a. words used tend to create a danger of public
uprising; b. when the words uttered or published could easily produce
dissatisfaction among the people and a state of feeling in them incompatible with a
disposition to remain loyal to the government and obedient to laws
143. ACTS TENDING TO PREVENT THEMEETING OF THE ASSEMBLY
ANDSIMILAR BODIES
Elements:
1. There is a projected or actual meeting of congress or any of its
committees, constitutional commission, committees, or division, or any provincial
board, city, municipality, council or board
2. Offender – any person that prevents the meeting by force or fraud.

144. DISTURBANCE OF PROCEEDINGS


Elements:
1. Meeting – congress or any of its committees, subcommittees, divisions, provincial
board, or city/municipal council or board
2. Does: a. disturbs any of such meetings; b. behaves in such a manner as to
interrupt its proceedings or to impair respect due it.

** The complaint for disturbance of proceedings may be filed by a member of a


legislative body.

** One who disturbs the proceedings of the congress may also be punished for
contempt by the assembly.

145. VIOLATION OF PARLIAMENTARY IMMUNITY


Using force, intimidation, threats, or frauds

Elements:
1. Offender – uses force, intimidation, threats, fraud
2. Purpose – prevent any member of the congress to:

a. attend the meeting of the congress or any of its committees or constitutional


commissions;
b. express his opinions
C. cast his vote
Arresting or searching any member while in session
Elements:
1. Offender – public officer or employee
2. Offender – arrests or searches any member of the congress
3. Congress is in regular or special session at the time of arrest or search
4. Congressman arrested or searched has not committed any crime punishable
under RPC by a penalty of prision mayor (6y, 1d – 12y) or higher

** Parliamentary immunity does not protect members of the Congress from


responsibility before the legislative body itself.

146. ILLEGAL ASSEMBLIES


Meeting attended by armed persons – any crimes under RPC
Elements:
1. Gathering of persons – fixed place or moving
2. Attended by armed persons
3. Purpose – commit any crime under RPC

** The persons present at the meeting must be armed – NOT ALL persons must be
armed.

** The unarmed person merely present at the meeting is liable.

Armed/not – treason, rebellion, insurrection, sedition, or direct assault


Elements:
1. Meeting or gathering of persons
2. Audience armed or not, incited to commit treason, rebellion, insurrection, sedition,
or direct assault

** Audience is actually incited. Persons liable are the organizers or leaders of, and
persons merely present at the meeting
Incited to commit rebellion or sedition:
(a) Illegal assembly as regards the organizers or leaders
and persons merely present
(b) inciting to sedition insofar as the once inciting is concerned.

** The persons merely present at the meeting must have a common intent to
commit the felony of illegal assembly. The absence of such intent may exempt the
person present from criminal liability.

** Unlicensed firearm – presumed for the purpose of the meeting; he is considered


a leader or organizer of the meeting.

** Illegal possession of firearms – absorbed; if acquitted, separate crime of illegal


possession of firearms.

147. ILLEGAL ASSOCIATIONS


They are:
1. Associations totally or partially organized for the purpose of committing any of the
crimes punishable under RPC.
2. Associations totally or partially organized for some purpose contrary to public
morals.

Persons liable:
1. Founders, directors, and president of the association
2. Mere members of the association

ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION


Actually meeting or assembly is necessary Actual meeting is not necessary
Meeting and attendance as such place is The act of forming or organizing and
punishable membership in the association that are
punished
Organizers, leaders, person’s present at Founders, directors, president and
meeting are all liable members liable
148. DIRECT ASSULTS
Force or intimidation
Elements
1. Offender – employs force or intimidation
2. Aim – attain any of the purposes of REBELLION and SEDITION
3. No public uprising

Makes attack employs force, serious intimidation, serious resistance


Elements
1. Offender – makes attack, employs force, makes serious intimidation, serious
resistance
2. Victim – person in authority or his agent
3. Offender knows victim is a person in authority
4. Victim is engaged in actual performance of duty, or by reason of past
performance of duty
5. No public uprising

Attack – includes offensive or antagonistic movement or action of any kind.

Force – must be of serious character as to indicate determination to defy the


law and its representative at all hazards.

** The force employed need not be serious when the offended party is a person in
authority.

** The intimidation or resistance must be serious whether the offended party is an


agent only or he is the person in authority.

** When a person in authority or his agent is the one who provokes and attacks
another person, the latter is entitled to defend himself and cannot be held liable for
assault or resistance not for physical injuries, because he acts in legitimate defense.
** When a person in authority or his agent exceeds his power or acts without
authority, it is not the exercise of the functions of his office. When he makes
unnecessary use of force or violence and goes beyond the limits of his power, he
acts as a private person.

** There can be no assault upon or disobedience to one authority by another when


they both contend in the exercise for their respective duties. (The crime committed
may be physical injuries only).

** The accused must have the knowledge that the offended party was a person in
authority (or agent) in the exercise of his duties, because the accused must have
the intention to offend, injure or assault the offended party as a person in authority
or agent of such person.

** The defendant must have the intention to defy the authorities.

Qualified assault:
1. committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in authority.

149. INDIRECT ASSAULT


Elements

1. Person in authority or his agent is the victim of any if the forms of direct assault
2. Another person comes to the aid of such authority or his agent
3. The offender makes use of force or intimidation upon such person coming to the
aid of the authority or his agent.

** Indirect assault is committed only when direct assault is also committed.


151. RESISTANCE AND DISOBEDIENCETO A PERSON IN AUTHORITY OR
HISAGENTS
Resistance and serious disobedience
Elements:

Person in authority or his agents –engaged in the performance of official duty or


gives a lawful order to the offender (direct order)
Offender – resists or seriously disobeys him
Act of offender is not included in articles 148, 149, 150

** A person cannot be guilty of disobedience to an order which is not addressed to


him.

** The accused must have knowledge that the person arresting him is a peace
officer.

Simple disobedience
Person in authority or his agents –engaged in the performance of official duty or
gives a lawful order to the offender
Offender – disobeys
Disobedience is not of serious nature.

** The order must be lawful – otherwise, the resistance is justified.


ART. 152. PERSONS IN AUTHORITY ANDAGENTS OF PERSONS IN AUTHORITY
In applying the provisions of the preceding and other articles of this Code, any
person directly vested with jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board, or commission, shall be deemed
a person in authority. A barrio captain and a barangay chairman shall also be
deemed a person in authority. A person who, by direct provision of law or by
election or by appointment by competent authority, is charged with
the maintenance of public order and the protection and security of life and property,
such as a barrio councilman, barrio policeman and barangay leader and any
person who comes to the aid of persons in authority, shall be deemed an agent of
a person in authority.
In applying the provisions of Articles 148 and151 of this Code, teachers, professors
and persons charged with the supervision of public or 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 authority.

** Directly vested with jurisdiction – power and authority to govern and execute
laws.

153. TUMULTS AND DISTURBANCES


They are:
1. Causing any serious disturbance in a public place, office or establishment
2. Interrupting or disturbing performances, functions or gatherings or peaceful
meetings, if the act is not included in arts. 131 and 132
3. Making an outcry tending to incite rebellion or sedition in any meeting,
association, or public place
4. Displaying placards or emblems which provoke a disturbance of public order in
such place
5. Burying with pomp the body of a person who has been legally executed.

** Offender – a participant in the meeting.

** Serious disturbance must be planned or intended.


Outcry – to shout subversive or provocative words tending to stir up the people
to obtain by means of force or violence any of the objects of rebellion or sedition;
more or less unconscious outburst which is not intentionally calculated to induce
others to commit rebellion or sedition.

155. ALARMS AND SCANDALS


Punished:
1. Discharging any firearm, rocket, firecracker, or other explosive calculated to
cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusements
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided art. 153 is not applicable.

** It is the result that counts, and not the intent.

** Anywhere, as long as discharge of firearm, rocket, etc. produced alarm or danger

Charivari – sounds designed to annoy and insult

156. DELIVERING PRISONERS FROM JAIL


Elements:
1. Person confined in a jail or penal establishment
2. Offender removes or helps escape by means of: (a) violence, intimidation or
bribery; (b) taking the guards by surprise, if the escape prisoner shall take place
outside the said establishment

** Violence, intimidation and bribery –qualifying circumstances

** Mere detention prisoners included. Hospital or asylum considered extension


of jail or prison.
** Offender is usually an outsider. An employee of the penal establishment who
helps the escape of a person confined therein may also be punished, provided that
he does not have the custody or charge of such person. It may also be a prisoner
helping another prisoner. If the offender is a public officer who had the prisoner in
his custody or charge, he is liable for infidelity in the custody of a prisoner (223).

** By other means – substituting an prisoner by taking his place in jail is an example.

** A person delivering a prisoner from jail may be held liable as accessory (treason,
murder, or parricide cases only)

** If the prisoner removed is a detention prisoner, such prisoner is not criminally


liable. He can only be liable for evasion of service of sentence is he is a convict by
final judgment.

157. EVASION OF SERVICE OF SENTENCE

Elements:
1. Offender – convict by a final judgment
2. Offender – serving his sentence which consists of deprivation of liberty
3. Offender – evades service of sentence by ESCAPING the term of his sentence

** If the convict escapes without commencing to serve the sentence or without


expressly waiving in writing his right to appeal, or he is a detention prisoner or minor
delinquent who escapes from confinement – offender is not liable for evasion of
service of sentence.

Qualifying circumstances:
1. Unlawful entry (climbing the wall)
2. Breaking doors, windows, gates, walls, roofs, or floors
3. Using picklocks, false keys, disguise, deceit, violence or intimidation
4. Connivance with other convicts or employees of the penal institution
158. EVASION OF SERVICE DURING DISORDERS

Elements:
Offender – convict by final judgment, confined in a penal institution
Disorder – conflagration, earthquake, explosion, similar catastrophe, mutiny(he has
not participated)
Offender – evades by leaving penal institution on the occasion of such disorder
Offender – fails to give himself up to authorities 48 hours following the issuance of
the Chief Executive announcing the passing away of such calamity

** The offender must be a convict by final judgment, and must leave the penal
institution.

** If the offender fails to surrender, he shall suffer an increase of 1/5 of the time still
remaining to be served under the original sentence, NOT TO EXCEED 6 MONTHS.

** If the offender surrenders within 48 hours, he is entitled to 1/5 deduction of the


period of his sentence.

160. QUASI-RECIDIVISM
Elements:
1. Offender – already convicted by final judgment of one offense
2. Committed a new felony – (a) Before the beginning to serve such sentence; (b)
While serving the same

** First offense need not be a felony (crime under RPC)


** New offense need not be of different character from that of the former offense.

RECIDIVISM QUASI-RECIDIVISM
Generic aggravating circumstance Special aggravating circumstances
Maybe offset by mitigating circumstances Cannot be offset by mitigating
circumstances
Two offense embrace in the same code First offense maybe another violation,
second violation should be an offense
Committed after serving the sentence Committed before beginning to serve or
while serving the sentence
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST

1. Counterfeiting seal of the government, forging signature or stamp of the


Chief Executive (161)
2. Using forged signature or counterfeit seal or stamp (162)
3. Making and importing and uttering false coins (163)
4. Mutilation of coins, importation and uttering of mutilated coins (164)
5. Selling of false or mutilated coins(165)
6. Forging treasury or bank notes or other documents payable to the bearer,
importing and uttering such false or forged notes and documents(166)
7. Counterfeiting, importing and uttering instruments not payable to the
bearer(167)
8. Illegal possession and use of forged treasury or bank notes and other
instruments of credit (168)
9. Falsification of legislative documents (170)
10. Falsification by public officer, employee or notary (171)
11. Falsification by private individuals and use of falsified documents(172)
12. Falsification of wireless, cable, telegraph and telephone messages and use of
said falsified messages (173)
13. False medical certificates, certificates of merit or service (174)
14. Using false certificates (175)
15. Manufacturing and possession of instruments or implements for falsification
(176)
16. Usurpation of authority and official functions (177)
17. Using fictitious name and concealing true name (178)
18. Illegal use of uniform or insignia (179)
19. False testimony against a defendant(180)
20. False testimony favorable to the defendant (181)
21. False testimony in civil cases (182)
22. Perjury (183)
23. Offering false testimony in evidence (184)
FORGING – committed by giving to a treasury or bank note or any instrument
payable to bearer or to order the appearance of a true and genuine document; to
make false instrument intended to be passed for a genuine one.

FALSIFICATION – committed by erasing, substituting, counterfeiting or altering


by any means the figures, letters, words, or signs contained therein.

171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY,


ORECCLESIASTICAL MINISTER

Elements:

1. Offender – public officer, employee, notary, or ecclesiastical minister


2. Offender takes advantage of his official position
3. Falsifies a document through any of the following:

a. Counterfeiting or imitating a handwriting, signature, or rubric;


b. Causing it to appear that persons participated in an act or proceeding when
they did not in fact so participate
c. Attributing to person who participated in an act or proceeding
statements other that those in fact made by them
d. Making untruthful statements in a narration of facts
e. Altering true dates
f. Making any alteration or intercalation in a genuine document which changes
its meaning
g. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such copy
statements in contrary to or different from that of the genuine original
h. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book.
Ecclesiastical minister – commit any of the offenses enumerated, with respect to
any record or document of such character that its falsification may affect the civil
status of a person.

COUNTERFEITING
1. Intent to imitate, or attempt to imitate
2. The genuine and the forged bear some resemblance to each other

MAKING UNTRUTHFUL STATEMENTS


1. Offender – makes in a document statements in a narration of facts
2. Offender - has the LEGAL OBLIGATION to disclose the truth of the facts narrated
by him
3. Facts narrated are ABSOLUTELY FALSE
4. Such act was made with the WRONGFUL INTENT OF INJURING A THIRD
PERSON (for private documents only)

** There is a law requiring the disclosure of the truth.

** The person making false statements must be aware of the falsity of the facts
narrated.

ALTERING TRUE DATES


** Date must be ESSENTIAL – the alteration of dates in a document must affect
either the VERACITY of the document or the effects there of.

MAKING ALTERATION OR INTERCALATION


Elements:
1. There is change or insertion on a document
2. Made on a GENUINE document
3. Such change or insertion changes the meaning of the document
4. Such change speak something FALSE.
ISSUING IN AUTHENTICATED FORM

1. Purporting to be a copy of an original when no such original exists


2. Including in copy a statement contrary to or different from that of the genuine
original.

** Liability of private individual is the same as the public officer when there is
conspiracy.

** Intent to gain or prejudice is not necessary.

172. FALSIFICATION BY PRIVATEINDIVIDUALS AND USE OF


FALSIFIEDDOCUMENTS
Falsification of public, official, or commercial document by a private individual

Elements:
A. Offender – private individual or public official or employee who did not take
advantage of his official position
B. He committed any of the acts of falsification enumerated in art

1713. FALSIFICAITON WAS COMMITTED IN A PUBLIC, OFFICIAL OR


COMMERCIAL DOCUMENT

PUBLIC DOCUMENT – any instrument authorized by a notary public or a competent


public official with the solemnities required by law.

OFFICIAL DOCUMENT – a document issued by a public official in the exercise of the


functions of his office.

COMMERCIAL DOCUMENT – any document defines and regulated by the Code


of Commerce.

** The possessor of a falsified document is presumed to be the author of the


falsification.

** Lack of malice or criminal intent is a defense in falsification of public document


** The principal thing punished is the VIOLATION OF PUBLIC FAITH and the
PERVERSION OF TRUTH which the document solemnly proclaims – prejudice to a
third person is immaterial.

Falsification of private document


Elements:
1. Offender – committed any acts of falsification enumerated in art 172, except in
paragraph 7
2. Falsification is committed in any private document
3. Falsification caused damage to a third party, or at least with intent to cause such
damage.

** Complex crime – public, official, or commercial documents

** One crime – private document, cannot be complexed with any crime (against
property)

Use of falsified document


INTRODUCING IN A JUDICIAL PROCEEDING
Elements:
1. Offender – knowledge that the document was falsified by another person
2. False document is embraced in article171 or 172 (par. 1-2)
3. He introduces such document as EVIDENCE in any JUDICIALPROCEEDING.

USE IN ANY OTHER TRANSACTION


Elements:
1. Offender – knowledge that the document was falsified by another person;
2. False document is embraces in article172 and 172 (par. 1-2)
3. He used such document NOT IN JUDICIAL PROCEEDING
4. Such use of document caused damage to another or at least was used with
intent to cause such damage.
177. USURPATION OF AUTHPRITY OROFFICIAL FUNCTION
Committed:
1. By representing himself to be an officer, agent or representative of any
department or agency of the government
2. By performing an act pertaining to a person in authority or public officer.

** Mere act of knowingly and falsely representing oneself to be an officer, etc. is


sufficient. There must be positive, express and explicit representation. (1)

** The act performed must pertain to the government, or to any person in authority
or to any public officer.

178. USING FICTITIOUS NAME ANDCONCEALING TRUE NAME


Using fictitious name
Elements:
1. Offender – uses a name OTHER that his REAL name
2. He uses this name PUBLICLY
3.Purpose

a. conceal a crime;
b. evade execution of a judgment
c. cause damage to public interest

Concealing true name


Elements:
1. Offender conceals
a. his true name
b. all other personal circumstances

2. Purpose – conceal his identity USE OF UNREGISTERED ALIASES

** Pseudonym – solely for literary, cinema, television, radio or other entertainment


purposes and in athletic events.

** Proceedings – judicial authority for a change of name; name duly recorded in the
proper local civil registry.
180. FALSE TESTIMONY AGAINST ADEFENDANT
Elements:
1. Criminal proceeding
2. Offender – testifies falsely under oath against the defendant
3. Offender knows the falsity of such testimony
4. Defendant – must be convicted or acquitted in a final judgment.

** Defendant must be sentenced to a correctional penalty, fine, or must be


acquitted.

181. FALSE TESTIMONY FAVORABLE TOTHE DEFENDANT


** Reason – tendency to favor or prejudice the defendant

** The false testimony in favor of defendant need not directly influence the decision
of acquittal.

** The false testimony favorable to the defendant need not benefit the defendant.

** Conviction or acquittal of defendant is not necessary.

** The defendant who falsely testified in his own behalf is guilty here.

** Rectification made spontaneously after realizing the mistake is not false


testimony.

182. FALSE TESTIMONY IN CIVIL CASES


Elements:
1. Testimony given in a civil case
2. Testimony relates to the issues presented in said case
3. Testimony is false
4. Defendant knows the falsity of such testimony
5. Testimony us malicious and given with intent to affect the issue presented in the
case.
183. PERJURY
Elements:

1. Accused – made a statement under oath or executed an affidavit upon a material


matter
2. Such was made before a competent officer authorized to receive and administer
oath
3. Such was made in a willful and deliberate assertion of falsehood
4. Such false statement or affidavit is REQUIRED BY LAW.

** NOT IN JUDICIAL PROCEEDING!!!

Material Matter – main fact which is the subject of inquiry, materiality, great
importance to the case.

** The assertion of falsehood must be willful and deliberate.

** Good faith or lack of malice is a DEFENCE in perjury.

** Even if there is no law requiring the statement to be made under oath, as long as
it is made for a legal purpose, it is sufficient.

SUBORNATION of perjury - Committed by a person who knowingly and willfully


makes another to swear falsely and the witness induced does testify under
circumstances rendering him guilty of perjury. The one inducing another is the
principal by inducement and the one induced is the principal by direct
participation.

OFFENSES AGAINST DECENCY ANDGOOD CUSTOMS


1. Grave scandal (200)
2. Immoral doctrines, obscene publications and exhibitions (201)
3. Vagrancy and prostitution (202)
200. GRAVE SCANDAL
Elements:
Offender – performs an act: highly scandalous as offending against decency or
good customs
Highly scandalous conduct is not expressly falling within any other article of this
code
Such act is committed in a PUBLICPLACE or within the public knowledge or view.

** The acts must be those that can cause public scandal among the persons
witnessing them.

PROSTITUTE
Elements:
1. Offender – woman
2. Habitual indulgence in sexual intercourse or lascivious conduct
3. Such act for money or profit