Person in Authority

152 includes any person; who comes to the aid of person in authority is deemed an agent of the person
in authority. PIA and APIA

Diwa: but persons helping agents of persons in authority not deemed agents or APIA

149. indirect assault

3 persons involve

Person in authority

Person attacking the person in authority

3rd person who is himself attacked when he comes to the aid of the person in authority or its
agents

Offended Party since 152 amendment above: 3 rd person aiding APIA

There can be no indirect assault if there is no direct assault; It takes part before a direct assault or while
the direct assault is taking place.

148. Direct assault

Offended party: Person in authority or agent of the person in authority

Attacked by reason of performance or past performance of duty

155. Alarms and scandals

1. Discharge of firearm (firing upward in the sky)

254. Illegal discharge of firearm (aim at a victim without intent to kill)

Differentiate with grave threats (aim, walang discharge)

Attempted homicide (aim, with intent to kill)

Slight physical injuries (aim, without intent to kill)

159. Other cases Evasion of service of sentence

Violation of conditional pardon

Must be found guilty or convicted of the subsequent offense

Repetition

Recidivism

Quasi Recidivism - art. 160

special aggravating circumstance - penalty of new crime imposed in maximum

after conviction, or before serving sentence, or while serving sentence

he commits another crime

Reiteracion

Habitual Delinquency

Falsification 171

Any document

Public officer or employee; Notary public; Ecclesiastical minister

Falsification 172

Private document

Private individual

Acts penalized in 171 same in 172

1. By making untruthful statement in a narration of facts

a. If it entails the application of law to a particular set of facts, that will entail a conclusion
of law. Not a falsication.
b. Narration of facts is merely an account or description of a particular event or occurrence
 c. If one does not disclose his relatives in the government service, that constitutes a
narration of facts. (Rosario case)

There is a complex crime estafa through falsification of a public document

2 seprate crimes with own elements

No common element; one is necessary mean to commit another

Throught falsification of public document that you able to commit estafa

(what is penalized) Destruction of integrity of the public document

No complex crime of estafa through falsification of a private document

Common element; damage or intent to cause damage

Falsifying private document to obtain and then convert money to personal benefit

File falsification

Falsifying private document to conceal funds

File Estafa

Compound crime

One act produces 2 or more grave or less grave felonies

Complex crime proper

One act is necessary means to commit another crime

183. Perjury

Deliberate assertion of a falsehood on a material matter

Under oath

Before a competent person or officer authorized to administer oath

Such false statement

That statement is required by law

 a. Material matter is the subject of the investigation, the very subject of the inquiry
b. Statement is required by law
c. US v. Capistrano made 2 inconsistent statements; not immediately basis of charge of perjury
a. Must first prove which of the statements is false and proof must be evidence other
than the statement which is inconsistent with the subject statement
d. Reiterated in masangkay v. people
e. Venue of perjury: where the false statement is deliberately made; place of execution of the
false affidavit

Distinguish perjury from falsification

a. Perjury – statement required by law

b. Falsification – statement not required by law

Distinguish perjury from incriminating innocent persons

a. Perjury – actual imputation of a crime for the purpose of prosecution of the victim
b. IIP – merely intended to cause or bring about the prosecution of the victim (planting of
evidence)

Subornation of perjury

a. No crime of subornation of perjury

b. Subnornation – induces another to execute a false sworn statement which would made him
liable for perjury
c. Person lnducing liable for perjury; principal by inducement if person induced to commit perjury

177. usurpation of authority different from usurpation of official functions

a. usurpation of authority – false representation that you have authority pertaining to an officer

b. usurpation of official functions – actually performed official functions of an officer or agent of

the government

Direct bribery

3 ways

1. Agreeing to perform an act constituting a crime

2. Accepting a gift in consideration of an act which does not constitute a
crime
3. Agreeing to refrain from doing something which is your official duty

211. Indirect Bribery

 A gift is simply offered or given

If accepted, indirect bribery

PD 46 – receiving of gifts by any public official in any occasion including christmas. Amounts to
indirect bribery.

Public officer must perform another act that he is owning or intending to own the particular
money or property

Offender here is public official accepting gift

Non acceptance, not liable

Corruption of public officers

Person liable is person offering the gift

Non acceptance, offender is still liable for attempted corruption

Qualified bribery 211 –A RA7659

Offender public officer entrusted with law enforcement

Refrains from arresting a person who committed an act or crime punishable by RP or death.

If public officer makes a demand, he is equally liable for RP and death

Malversation

1. Public officer - must be an accountable public officer; specifically entrusted with public
funds

Local govt code – expanded definition of accountable public officer, is one who is
considered as such because of the nature of the functions or on account of his participation in the use or
application of public funds.

Municipal mayor - accountable

2. Converts public funds, entrusted to him, for his personal benefit