Title 3: Crimes Against Public Order

Chapter 1: Rebellion, Coup d'etat, Sedition and Disloyalty

Article 134. Rebellion or Insurrection
(Ex. of Rebellion is CPP-NPA) seeks to overthrow the Philippine government in favor of a new state led by the working cla
New People’s Army (NPA), was founded in the following year. Because the party and its armed wing are so closely intertwi
When can you tag a group as terrorist? ex. ASG, RA 9372 - SEC. 17. Proscription of Terrorist Organizations, Association, o
the Department of Justice before a competent Regional Trial Court, with due notice and opportunity to be heard given to t
persons by the said Regional Trial Court.

Martial Law - Section 18. x x x In case of invasion or rebellion, when the public safety requires it, he may, for a period not

Duterte Martial Law - Facts: on May 23, 2017 PRD issued Proc 216 declaring ML in Mindanao due to Maute terrorist grou
private facilities and inflicted casualties on the part of Government forces, and started flying the flag of the Islamic State o
Mindanao and deprive the Chief Executive of his powers and prerogatives to enforce the laws of the land and to maintain

Art.134-A. Coup d'etat - TRILLANES but was given amnesty by BS Aquino

Art. 139. Sedition - Note: Common crimes are not absorbed in sedition they are separate crimes.
1. That the offender rise (1) publicly, and (2) tumultously;
a. Sedition cannot be committed by one person because of the word tumultuosly as defined under Art. 163
b. Public uprising and object of sedition must concur
b.1. No public uprising - while nag session ang municipal council, 500 ka residents niadto sa gawas sa mun
their places new offcials. Gamay ra ang nagdala ug tubo and ang crowd was in order and well behaved.

Art. 142. Inciting to Sedition - TRILANES CASE EVEN PRIVILEGE SPEECH

1.Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,procla
a. Emblems - Che Guevarra
b. Magbuhat ka ug banner sa inyong balay - "we will fight duterte government" join us. . . Call these number
2. Uttering seditious words or speeches which tend to disturb the public peace.
a. Uttering seditious words - Si A ni-shagit kadaghan sud sa munisipyo nga "dapat ang mga Filipino mag-gamit
2 Rules relative to seditious words:
Note: Freedom of expression and speech are preferred right it is not absolute, there are limits, these rights must
a. THE DANGEROUS TENDENCY RULE (MARCOS TIME)- as long as your speech has a dangerous tendency of pr
a.1. Ex. In a public rally you shouted, "Magrebolusyon ta, ibagsak ang Marcos government, Makibaka wag m
producing substantive evil, (the revolution which results to chaos) thus it is enough that your speech has a d
a.2. DTR - favors the State and against FE
a.3. Already abandoned because not favorable
b. THE CLEAR AND PRESENT DANGER RULE - to justify curtailment of FE, it is not enough that the govt has poin
probability of serious injury to the State.
b.1. Di ba sa rally ila speech is provocative and incendiary and the demonstrations tend to be unruly? Say,
there is substantial evil but it is not clear and present; what do you expect of the participants in a rally di b
arise (not all people of Cebu will join them) as long as they are not armed and do not exhibit acts of viole
b.3. CPDR favors heavily on FE
b.4. BP 1080 - Public Assembly Act - Maximum Tolerance: highest degree of restraint that the police or mili
long as they do not display overt act of violence or unarmed, MT policy shall be observed.
b.5. BP 1080 - Public Assembly Act - need a permit from Mayor before rally because it can cause inconvenie
b.6. BP 1080 - Public Assembly Act - no permit required if:1. private place, 2. college or university campus,
Chapter 4: Assault upon and Resistance and Disobedience to Persons in Authority and their Agents
Art. 148. Direct Assault
Elements of the first form of direct assault:
1. That the offender (any person) employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in
Elements of the second form of direct assault:
1. That the offender (a) makes an attack, (b) employs force, © makes a serious intimidation or (d) makes a serio
a. Attack - any offensive or antagonistic movement or action
b.Employ force - what degree of force is necessary in DA?
b.1. Agent of PIA - it must be of serious character to indicate determination to defy the law and its repres
b.1.3. Si A kay gisumbag niya ang pulis sa nawng and then nakigdinumogay sa polis = DA
b.2. PIA - force need not be serious
b.2.1. Si A nakigtok ni mayor kay ang kabaw sa iyang igsoon nakasala sa ug crops so gi hold sa pulis, en
c. Serious intimidation- whether OP is APIA or PIA
c.1. Gitionan ug pusil ang usa ka captain sa police = serious
c.2. Sumbagon gyud tika = not serious
c.3. Dapat ang intimidation is immediate dili in the future, like pusilon tika ugma sa buntag ig gawas nimo
2. That the person assaulted is a person in his authority or his agent -
a.1.3.1. 1940- Attacking a teacher (public elementary school) who had inflicted a corporal punishme
a.3.1.2. Reason why teachers and professors are protected: to give dignity and respect to the teache
b. APIA - one who by direct provision of law or by election or by appointment by competent authority is char
b.1. Police
b.4. Sheriff
b.5. BIR agents
3. That at the time of the assault the PIA or his agent (a) is engaged in the actual performance of official duties,
a. Engaged in the actual performance of official duties
Politiko
a.1. Gi siko si gov while panaog padung sa police station for inspection = in the performance
a.3. Si kap kay gi-atake kay ni apil siya sa pag investigate sa case handled by the judge = not in the perform
Maestro
a.5. Teacher nigawas na sa room kay makig storya ug taw nga dili related sa skol matters and then attacke
a.6. Teacher gipaningil sa creditor and gi-atake = not DA
Extent of performance pf official duties for purposes of DA
a.7. Si fiscal kay gi-orderan nga mg investigate ug witness sa usa ka lugar while padung siya si A wala niya
pahunongon and arrogantly refused to be investigated and did not show his driver license. Nagkkuha siya
includes his travelling to the place where he was going to conduct investigation; 2. he committed a viola
a.8. Teacher nag travel kay naghatod uf school reports and equipments in compliance with the directive
a.9. If ni-agree si PIA to a fight it is still DA because the character of PIA attaches to him until he ceases to
b. By reason of the performance of a duty
b.1. The words "on occasion" signify "because" or "by reason" of the past performance of official duty, eve
b.2. Si judge while nag read sa decision sa case kay na annoy sa usa ka taw nga naa sa court room iya gi-en
atngan siya pag uli niya and gi-atake gi dapog and gibunalan ug tubo; SC: DA - the accused assaulted him b
b.3. Si kap naningil kay nag-ihaw sila ug kabaw nga walay bayad (salaughter fee) but one day nangilad sila
sila but after 1 month pag uli ni kap kay gipusil and gidunngab si kap patay; SC: Murder with direct assault
Par. 2 - Simple disobedience
1. That an APIA is engaged in the performance of official duty or gives a lawful order to the offender.
 a. Kanang panaogon mo and ipaisa inyong sanena and di mo mosogot
b. Katong nakig lalis kog hepe
2. That the offender disobey such APIA
3. That such disobedience is not of serious nature.
a. Nag strike and nanghigda sa kalsada and gibadlong sa pulis for free passage of vehicles but wala nag patoo

Art. 155. Alarms and Scandals

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker,or other exp
a. John2x mg-pabuto lng ug kalit

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to
a. Charivari - includes a medley of discordant (basag) voices, a mock serenade of discordant noises made on
a.1. Mag-banda2x unya gamit lata or kahoy unya yabag?
3. Any person who while wandering (laag2x or suroy-suroy) about at night or while engaged in any other noctu
a. Anak ni Ate Angie
4. Any person who while intoxicated or otherwise shall cause any disturbance or scandal in public places, provid
a. Emy mag-maoy

Chapter 6: Evasion of Service of Sentence

Art. 157. Evasion of Service of Sentence
3. That he evades the service of his sentence by escaping during the term of his sentence.
a. Escape - 3 ka piniriso nga walay escort or guard nakit-an nga nag estambay sa premises sa courthouse nga
to flee to avoid arrest; if they were escaping they certainly would not loiter in the courthouse where easily the

Title 4: Crimes Against Public Interest (28 felonies) - The essence of the crime under this title is that which defraud the p

Art. 164. Mutilation of Coins

Acts punished:
b.1. Mutilation is being regarded as a crime because the coin, being of legal tender, it is still in circulation a
example, X mutilated a P 2.00 coin, the octagonal one, by converting it into a round one and extracting 1/1
b.2. Mutilation under the Revised Penal Code is true only to coins. It cannot be a crime under the Revised
the precious metal dust. However, under Presidential Decree No. 247, mutilation is not limited to coins
a. Hantak - So, if the act of mutilating coins does not involve gathering dust like playing cara y cruz, that is no
dust. But by rubbing the coins on the sidewalk, he also defaces and destroys the coin and that is punishable
b. Serge Osmena gig=himo ug alden richards
c. A certain customer in a restaurant wanted to show off and used a P 20.00 bill to light his cigarette
d. persons making bracelets out of some coins violate Presidential Decree No. 247.
e. piso lunga-gan den ikwentas
f. taksi

Section 3: Forging Treasury or Bank Notes, Obligations and Securities; Importing and Uttering False or Forged Notes,
Art. 166. Forging treasury or bnk notes or other documents payable to bearer;importing and uttering such false or
How to detect orig bank notes: Take some time to get to know the security features of the new Philippine money,
as a vision, and the God-given natural wonders. The Philippine money, the new generation Philippine banknotes, national

1. rough (made of cotton and abaca);

 2. composed of one or two prefix letters and six to seven digit in asymmetric or increasing size.

3. security fibers - Red and blue fibers embedded in the banknote paper glow under ultra violet light. You can se

4. The watermark shows the shadow image of the portrait and the banknote's denomination on the blank space

Denomination appears on the watermark beside the shadow image.

5. The word Filipino written in Philippine ancient "Baybayin" alphabet can be seen in its complete form when ba

6. When the banknote is rotated in 45 degrees and tilted downwards, a concealed denominational value can be

7. Security Threads - 2mm for 20 and 50 pesos, 100, 500, 200, 1000 = 4mm; Viewed from different angles, the c

The front of the thread carries in clear text the initials of the BSP together with the numeric denomination in rep

Likewise at the back of the security thread is printed the initials of the BSP in repeated series.

8. The 500 and 1000 peso bank notes now have the optically variable device patch, reflective foil.

9. A security feature exclusive for the 1000 peso bill is the optically variable ink for the embossed denomination v

Art.169. How forgery is committed

1. By giving to a treasury or bank note or any instrument payable to the bearer or to order mentioned therein, t
a. Ex. Fake checks made by the accused and given to the bank

Art. 171. Falsification by public officer, employee or notary or ecclesiastical minister

2. That he takes advantage of his official position.
b. Ex. Court stenographer who maliciously changed the transcription of his notes
3.1. Par. 1. can be commited in 2 ways:
a. Counterfeiting, which is imitating any handwriting, signature or rubric (a heading on a document.)
b. Or simulating (feigning) any handwriting, signature or rubric out of one which does not in fact exist.
b.1. Nagbuhat ug will nga gi-execute daw pag 1901 but in reality namatay na ang testator pag 1900 pa

3.2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
 a. Placing by the accused of his thumbmark in the list of voters in the names of the electors who have n
b. Si A postal employee iya gi-forge ang padala nga kwarta ni B ug C causing it to appear nga nakadawa
3.4. Making unthruthful statements in a narration of fatcs.
2. That he has a legal obligation to disclose the truth of the facts narrated by him;
a. Si A kay gi-appoint as patrolman sa MPD and as a reqt gi pa fill-up siya ug PDS, he answered no crim
3.5. Altering true dates.
a.The date of the document must be essential.

a.1. Ex. Si judge ug hepenag conspire nga echange ang date sa police blotter, book of arrest,bail bond
3.6. making any alteration or intercalation in a genuine document which changes its meaning.
a. Ex. You changed the traffic violation report so as to appear that it was not your 3rd time to commit
3.7. Issuing any authenticated form a document purporting to be a copy of an original document when no su
a. Ang notary public nagbuhat2 ug deed of sale nga wala diay sale nga ni-exist.
b. Ang civil registrar gi-state sa orig copy nga siya legitimate child wherein fact illegitimate ang naa sa or

Art. 172. Falsification by private individuals and use of flasified documents

Par. 1- Falsification of public, official or commercial document by a private individual
a. Public document - a document cretaed in response to the exigencies of the public service or in the executi
a.1. Receipt issued by city assessment and collections for tax
a.2. Burial permit
a.3. OR issued by govt.
b. Official document - a document issued by a public official in the exercise of the functions of his office. An O
Note: All pleadings filed in court are PD or OD
c. Private document - an instrument executed by a private person without the intervention of a notary publi
c.1. Theater ticket
d. Commercial document - any document defined and regulated by the Code of Commerce.
d.1. Check, books of accounts, warehouse receipts, deposit slips,bank statements, ledgers
Note: The possessor of a falsified document is presumed to be the author of the falsification.
Art. 174. False medical certificates, false certificates of merits or service, etc.
1. False medical certificate by a physician - naa moy kaila nga doctor
2. False certificate of merit or service, or similar circumstances by a public officer - certificate of employment
a. similar circumstances - includes barangay clearance for voting purposes
3. False medical certificate by a private individual or flase certificate of merit or service by a private individual - p

Art. 177. Usurpation of Authority or Official Functions -

News: March 2018 - Fake PDEA agents (with ID and vest) for extortion discovered during shoot-out incident; Pek
1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or
b. Thus, if not a public corporation, say a private one = not usurpation
c. False representaionmay be shown by acts - Nag-papretend nga police, nagpito-pito, gipahunong ang bus
2. By performing any act pertaining to any person in authority or public officer of the Phil Govt or of a foreign g
a. Art. 177 may be committed by a public officer - Si mayor ni larga ug manila for official business so iya gi-a
si A nga siya as VM maoy mo-act as mayor but nibalibad siya. Nisuwat siya ug leter sa ES and gimandoan siya
reply nga ang VM maoy authorozed again ni refused gihapon siya; SC: "any person"; he has no right to stubb
Art.179. Illegal use of uniforms and insignia - see SAF usurper
Criminology students should not use the PNP uniform because there is a law prohibiting it . . . .
RA 493 - wearing insignia,badge or emblem of rank of the members of the AFP or PC is punished (1M-2Y)
EO 247 (2000) - Punishes the illegal manufacture, sale, distribution and use of PNP uniforms,insignias and other ac
IRR of EO 247 (2006) - PNP MC
d. Any person using or wearing any PNP insignia, badge, emblem of rank and other accoutrements in any play h
therein a police character not tending to bring discredit or reproach upon the PNP is not prohibited. However, t
accoutrements while engaged in representing a police character shall be subject to supervision and regulations

Art. 183. False Testimony in other cases and perjury in solemn affirmation
Elements of perjury: 2 kinds - falsely testifying under oath and making a false affidavit
1. That the accused made a statement under oath or executed an affidavit upon a material matter (2kinds)
1.1. Falsely testifying under oath
a. Flasely testifying under oath should not be in a judicial proceeding (trial)
a.1. Are two contradictory sworn statements sufficient to convict of perjury? NO, the prosecution m
false by other evidence than the contradictory statement. Ex. Si A ni-testify under oath sa fiscal re ho
statement. Rule is: 1. if iya testimony sa fiscal is sayop = perjury; 2. if testimony niya sa court is false
1.2. Making a false affidavit -
b. Ex. PDS 2017 (not convicted or no pending crime)
a. Ex. Si A a govt employee was charged for an admin case due to immorality, then he swore under oat
material because a single or married person can be convicted of immorality.
2. That the statement or affidavit was made before a competent officer, authorized to receive and administer o
a.If it was subscrined before a clerk (in the absence) = no perjury because he is not authorized
4. That the sworn statement or affidavit containing the falsity is required by law.
a. PI requires under oath (affidavit of complaint filed by the complainant)
FE is justified.
Crimes Against Persons
VAWC - 9262
Hazing Law -
7610

Crimes Against Property

Anti-fencing Law
Carnapping

9165
Quasi-offenses
Crimes Against the Fundamental Law of the State
Crimes Against Personal Liberty and Security
Crimes Against National Security
Crimes Against Public Order
Crimes Against Public Interest
Crimes Against Public Morals
Crimes Against Chastity
Crimes Against Honor
Crimes Committed by Public Officers
Crimes Against The Civil Status of Persons
call the student talking/causing disruption
what is the crime
what are its elements
cite jurisprudence
answer must have a legal basis

Note:
no questions will be entertained
exam if no one is studying
just be quiet if too noisy
only after discussion of the whole topic