Ateneo 2007 Criminal Law (Book 2) Part 1

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Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
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NOTES:
Unless extinguished, civil liability subsists
even if the offender has served sentence
consisting of deprivation of liberty or other
rights or has not served the same, due to
amnesty, pardon, commutation of the
sentence or any other reason.
Under the law as amended, even if the
subsidiary imprisonment is served for non-
payment of fines, this pecuniary liability of the
defendant is not extinguished.
While amnesty wipes out all traces and
vestiges of the crime, it does not extinguish
the civil liability of the offender. A pardon shall
in no case exempt the culprit from the
payment of the civil indemnity imposed upon
him by the sentence.
Probation affects only the criminal aspect of
the crime.

BOOK II

TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS

Section 1 Treason and Espionage
ART 114. TREASON
ELEMENTS:
1. Offender is a Filipino citizen or an alien
resident;
2. Theres a war in and Philippines is
involved; and
3. Offender either
a. Levies war against the
government; or
b. Adheres to enemies, giving aid or
comfort.

NOTES:
Treason breach of allegiance to the
government by a person who owes
allegiance to it.
Allegiance obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive
Treason is a war crime - punished by state
as a measure of self-protection
Committed in times of war (not peace)
when
- there is actual hostilities
- no need for a declaration of war.
Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of treason.
But when the position is policy-determining,
the acceptance of public office and the
discharge of official duties constitute treason.

PERSONS LIABLE:
1. Filipino permanent allegiance; can commit
treason anywhere
2. Alien Residing temporary allegiance;
commit treason only while residing in
Philippines

NOTES:
Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
Treason by an alien must be committed in
the Philippines. (EO 44).

WAYS TO COMMIT TREASON:
1. Levying war against government - requires:
a. Actual assembling of men
b. Purpose of executing a treasonable
design, by force
2. Adheres to enemies following must
concur together:
a. Actual adherence
b. Give aid or comfort

NOTES:
Levying war - must be with intent to
overthrow the government as such, not
merely to repeal a particular statute or to
resist a particular officer.
Not necessary that those attempting to
overthrow the government by force of arms
ART. 113: OBLIGATION TO SATISFY CIVIL
LIABILITY
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should have the apparent power to
succeed in their design, in whole or in part
Adherence intellectually or emotionally
favors the enemy and harbors sympathies or
convictions disloyal to his countrys policy or
interest.
Aid or Comfort act w/c strengthens or
tends to strengthen the enemy of the
government in the conduct of war against the
government, or an act w/c weakens or tends
to weaken the power of the government or
the country to resist or to attack the enemies
of the govt or country

WAYS TO PROVE:
1. Treason
a. Testimony of at least 2 witnesses
to the same overt act
b. Judicial confession of accused
2. Adherence
a. One witness
b. Nature of act itself
c. Circumstances surrounding act

NOTES:
To convict: testimonies must relate to the
same overt act not two similar acts
If act is separable each witness can testify
to parts of it; but the act, as a whole, must be
identifiable as an overt act
Confession must be in open court
Reason for 2-witness rule special nature
of the crime requires that the accused be
afforded a special protection not required in
other cases so as to avoid a miscarriage of
justice. Extreme seriousness of the crime,
for which death is one of the penalties
provided by law, and the fact that the crime is
committed in abnormal times, when small
differences may in mortal enmity wipe out all
scruples in sacrificing the truth.

General Notes:
Inherent circumstances they do not
aggravate the crime
- Evident premeditation
- superior strength
- treachery
Treason is a continuing crime. Even after the
war, offender can still be prosecuted.
No treason through negligence since it must
be intentional
No complex crime of treason with murder
murder is the overt act of aid or comfort
and is therefore inseparable from treason
itself.
DEFENSE:
- Duress or uncontrollable fear
- Obedience to de facto government
NOT DEFENSE:
- Suspended allegiance
- Joining the enemy army thus becoming a
citizen of the enemy

ELEMENTS CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement
to -
a. levy war against the government, or
b. adhere to the enemies and to give
them aid or comfort
3. They decide to commit it.
ELEMENTS PROSOPAL:
1. In time of war
2. A person who has decided to levy war
against the government, or to adhere to the
enemies and to give them aid or comfort
3. Proposes its execution to some other
person/s.

General Notes:
As a general rule, conspiracy and proposal to
commit a felony is not punishable (ART.8).
Art 115 is an exception as it specifically
penalizes conspiracy and proposal to
commit treason.
Mere agreement and decision to commit
treason is punishable.
Two-witness rule not applicable since this
is a crime separate from treason
Mere proposal even without acceptance is
punishable, too. If the other accepts, it is
already conspiracy.
If actual acts of treason are committed after
the conspiracy or proposal, the crime
committed will be treason, and the
conspiracy or proposal is considered as
a means in the commission thereof.

ART. 115. CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
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ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to
commit treason) against the government
4. He conceals or does not disclose the same
to the authorities in w/c he resides.

NOTES:
Offender is punished as an accessory to the
crime of treason.
But is actually principal to this crime.
Crime doesnt apply if crime of treason is
already committed and it is not reported.
It is a crime of omission.
RPC mentions 4 individuals (i.e. governor,
provincial fiscal, mayor or city fiscal), but
what if you report to some other high-ranking
government. official?
Ex: PNP Director? Judge Pimentel says any
governement. official of the DILG is OK..

MODES of COMMITTING ESPIONAGE:
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
the defense of the Philippines.
ELEMENTS:
1. That the offender enters a warship,
fort, naval or military
establishment or reservation;
2. That he has no authority therefore;
and
3. That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.

2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office he
holds.

ELEMENTS:
1. That the offender is a public officer;
2. That he has in his possession the
articles, data or information referred
to in the first mode of committing
espionage, by reason of the public
office he holds; and
3. That he discloses their contents to
a representative of a foreign
nation.

PERSONS LIABLE:
1. First mode:
a. Filipino
b. alien residing
2. Second mode:
a. Offender is a public officer.

NOTES:
Being a public officer is a requirement in
the second paragraph
It is aggravating in the first.

General Notes:
Espionage is the offense of gathering,
transmitting, or losing information respecting
the national defense with the intent or
reason to believe that the information is
to be used to the injury of the Philippines or
the advantage of any foreign nation. It is not
conditioned on citizenship.
Wiretapping is not espionage if the purpose
is not connected with the defense.
In the first mode of committing the felony, it
is not necessary that the offender
succeeds in obtaining the information.

TREASON ESPIONAGE
In both not conditioned by citizenship of offender
Committed in war time War and Peace time
Limited in two ways of
committing crime:
levying war, and
adhering to the enemy
giving him aid or
comfort
Committed in many ways

ART. 116. MISPRISION OF TREASON
ESPIONAGE is the offense of gathering,
transmitting, or losing information respecting the
national defense with intent or reason to believe
that the information is to be used to the injury of
the Republic of the Philippines or the advantage of
a foreign nation.
ART. 117. ESPIONAGE
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C.A. NO. 616
An Act to Punish Espionage and Other
Offenses Against National Security

ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e.
causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval, or air forces of
the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the
law (i.e. the offender harbors a person whom
he knows as someone who committed or is
about to commit a violation of this Act); and
7. Photographing from aircraft of vital military
information.

Section Two Provoking War & Disloyalty in
Case of War

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

NOTES:
Crime is committed in time of peace.
Intent of the offender is immaterial.
In inciting to war, the offender is any
person. If the offender is a public officer,
the penalty is higher.
Reprisals are not limited to military
action, it could be economic reprisals, or
denial of entry into their country.
Example: X burns Chinese flag. If China
bans the entry of Filipinos into China, that
is reprisal.

ELEMENTS:
1. That there is war in which the Philippines is
not involved;
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality; and
3. That the offender violates such regulation.
NOTES:
This crime is committed only in time of
war.
Neutrality of the Philippines that was
violated.
There has to be a regulation issued by
competent authority for enforcement of
neutrality offender violated it
Being a public officer or employee has
higher penalty

ELEMENTS:
1. Theres a war in and Philippines is
involved;
2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops;
3. That the correspondence is either
a. prohibited by the government, or
b. carried on in ciphers or
conventional signs, or
c. containing notice or information
which might be useful to the
enemy.

QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful to the
enemy.
2. Offender intended to aid the enemy.

NOTES:
Circumstances qualifying the offense:
1. notice or information might be useful
to the enemy
2. offender intended to aid the enemy
A hostile country exists only during
hostilities or after the declaration of war.
Correspondence to enemy country is
correspondence to officials of enemy
country even if said official is related to
the offender.
ART. 119. VIOLATION OF NEUTRALITY
ART. 118. INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ART. 120. CORRESPONDECE WITH HOSTILE
COUNTRY
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It is not correspondence with private
individual in enemy country.
If ciphers were used, no need for
prohibition of the government.
If ciphers were not used, there is a need
for prohibition of the government.
It is immaterial if correspondence
contains innocent matters. If prohibited,
correspondence is punishable.

ELEMENTS:
1. Theres a war and Philippines is involved;
2. Offender owes allegiance to the
government;
3. Offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority.

PERSONS LIABLE:
1. Filipino citizen
2. Alien residing in the Philippines

NOTES:
Mere attempt consummates the crime.
There must be a prohibition. If there is
none, even if one went to enemy country,
there is no crime.
An alien resident may be held guilty for
this crime because an alien owes
allegiance to the Philippine government
albeit temporary.

Section Three Piracy & Mutiny on The High
Seas

PIRACY MODES TO COMMIT:
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
2. By seizing the whole or part of the cargo of
said vessels, its equipment or personal
belongings of its complement or passengers,
the offenders being strangers to the
vessels.

ELEMENTS of PIRACY:
1. A vessel is on the high seas or Philippine
waters;
2. Offenders not members of its complement
nor passengers of the vessel; and
3. That the offenders
a. attack or seize vessel (if committed by
crew or passengers, the crime is not
piracy but robbery in the high seas), or
b. seize whole or part of vessels cargo,
equipment or personal belongings
of its complement or passengers.

NOTES:
High seas - any waters on the sea coast
which are without the boundaries of the low
water mark although such waters may be in
the jurisdictional limits of a foreign
government; parts of the sea that are not
included in the exclusive economic zone, in
the territorial seas, or in the internal waters of
a state, or in the archipelagic waters of an
archipelagic state (United Nations
Convention on the Law of the Sea).
Philippine waters all bodies of water, such
as but not limited to seas, gulfs, bays, around,
between and connecting each of the islands of
the Philippine Archipelago, irrespective of its
depth, breath, length or dimension, and all
waters belonging to the Philippines by historic
or legal title, including territorial sea, the sea-
bed, the insular shelves, and other submarine
areas over which the Philippines has
sovereignty and jurisdiction. (Sec. 2, P.D. No.
532)
Now, Art. 122, as amended by R.A. 7659
Piracy and Mutiny in Philippine waters is
punishable.
Before R. A. 7659 amended Art 122, piracy
and mutiny only on the high seas was
punishable. However, the commission of the
acts described in Arts. 122 and 123 in
Philippine waters was under P.D. No. 532.
MUTINY the unlawful resistance to a superior, or
the raising of commotions and disturbances on
board a ship against the authority of its
commander.
PIRACY it is robbery or forcible depredation on
the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of
universal hostility.
ART. 121. FLIGHT TO ENEMYS COUNTRY
ART. 122. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
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Piracy in high seas jurisdiction of any court
where offenders are found or arrested.
Piracy in internal waters jurisdiction of
Philippine courts.
For purposes of the Anti-Fencing Law,
piracy is part of robbery and theft.

PIRACY MUTINY
Robbery or forcible
degradation on the
high seas, without
lawful authority and
done with animo
furandi and in the spirit
and intention of
universal hostility.
Unlawful resistance to a
superior officer, or the
raising of commotion and
disturbances on board a
ship against the authority of
its commander.
Intent to gain is an
element.
Intent to gain is not an
element
Attack from outside.
Offenders are
strangers to the vessel.
Attack from the inside.

PIRACY ROBBERY ON HIGH
SEAS
The offender is an
outsider.
The offender is a member
of the complement or a
passenger of the vessel.
In both, there is intent to gain and the manner of
committing the crime is the same.

WITHIN PHIL. WATERS
Art. 122, RPC PD 532, Anti-Piracy
Offender is an outsider Offender is crew or
passenger

PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974)

VESSEL any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for fishing.

AIDING OR ABETTING PIRACY REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit;
3. Directly or indirectly abets the commission of
piracy.

NOTE: Under PD 532, piracy may be committed
even by a passenger or member of the
complement of the vessel.

1. Seizure of the vessel by boarding or firing
upon the same;
2. Abandonment of victims without means of
saving themselves; or
3. Piracy was accompanied by murder,
homicide, physical injuries, or rape.

NOTES:
Parricide/infanticide should be included
(according to Judge Pimentel).
There is a conflict between this
provision and the provision on rape.
Ex: If rape is committed on someone
below 7 yrs. old penalty is death
under the new rape law. But if rape
committed on someone below 7
during the time of piracy reclusion
perpetua to death.
Themurder/rape/homicide/physical
injuries must have been committed on the
passengers or on the complement of the
vessel.
Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
country where the offender may be found
or into which he may be carried.
QUALIFIED PIRACY a SPECIAL
COMPLEX CRIME punishable by reclusin
perpetua to death, regardless of the
number of victims.

R. A. NO. 6235
Anti-Hijacking Law

ACTS PUNISHABLE:
1. By compelling a change in the course or
destination of an aircraft of Philippine
registry, or seizing or usurping the control
thereof while it is in flight;
ART. 123. QUALIFIED PIRACY
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2. By compelling an aircraft of foreign
registry to land in Philippine territory or
seizing or usurping the control thereof
while it is in the said territory; and
3. By shipping, loading, or carrying in any
passenger aircraft operating as a public utility
w/in the Philippines, any explosive,
flammable, corrosive or poisonous
substance or material.

IN FLIGHT From the moment all exterior doors
are closed following embarkation until the same
doors are again opened for disembarkation.

NOTES: (Atty. Palacios)
Where the aircraft is of Philippine registry,
the offense must be committed while in
flight. Hence, the act must take place after
all exterior doors are closed following
embarkation.
Where the aircraft is of foreign registry,
offense need not take place while in
flight.

QUALIFYING CIRCUMSTANCES (Par 1 & 2):
1. Firing upon the pilot, member of the crew or
passenger of the aircraft;
2. Exploding or attempting to explode any
bomb or explosive to destroy the aircraft; or
3. The crime is accompanied by murder,
homicide, serious physical injuries, or
rape.

NOTES: (Atty. Palacaios)
For firing upon to qualify the offense, the
offender must have actually fired his
weapon. Mere attempt is not enough.
For firing upon to qualify the offense, the
offender need not succeed in hitting the
pilot, crew member or passenger.

TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE

CLASSES OF ARBITRARY DETENTION:
1. By detaining a person without legal
ground
2. Delay in the delivery of detained persons to
the proper judicial authorities
3. Delaying release

ELEMENTS:
1. That the offender is a public officer or
employee (whose official duties include the
authority to make an arrest and detain
persons);
2. That he detains a person; and
3. That it was without legal grounds.

NOTES:
Arbitrary detention is the deprivation by a
public officer of the liberty of a person w/o
any legal ground.
Though the elements specify that the
offender be a public officer or employee,
private individuals who conspire with
public officers can be liable as principals.
Legal grounds for the detention of any
person:
- commission of a crime
- violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital
Grounds for warrantless arrest:
- Crime is about to be, is being, or has
been committed;
- Arresting officer must have personal
knowledge that the person probably
committed the crime; or
- Person to be arrested is an escaped
prisoner.
Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)
Ramos v. Enrile: Rebels later on retire.
Once you have committed rebellion and
have not been punished or amnestied,
the rebels continue to engage in
rebellion, unless the rebels renounce
their affiliation. Arrest can be made
without a warrant because rebellion is a
continuing crime.

ELEMENTS:
employee;
2. That he has detained a person for some
legal ground; and
ART. 124. ARBITRARY DETENTION
ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
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3. That he fails to deliver such person to the
proper judicial authority within:
a. 12 hours, detained for crimes
punishable by light penalties, or
equivalent;
b. 18 hours, for crimes punishable by
correctional penalties, or their
equivalent; or
c. 36 hours, for crimes/offenses
punishable by capital punishment or
afflictive penalties, or their
equivalent.

NOTES:
The felony means delay in filing the
necessary information or charging of
person detained in court which may be
waived if a preliminary investigation is
asked for. This does not contemplate
actual physical delivery.
The filing of the information in court beyond
the specified periods does not cure
illegality of detention. Neither does it
affect the legality of the confinement under
process issued by the court.
To prevent committing this felony, officers
usually ask accused to execute a waiver
of Art. 125 which should be under oath
and with assistance of counsel. Such
waiver is not violative of the constitutional
right of the accused.
Contemplates arrest by virtue of some legal
ground or valid warrantless arrest.
If arrested by virtue of arrest warrant, person
may be detained until case is decided.

LENGTH OF WAIVER:
- Light offense 5 days.
- Serious and less serious offenses 7 to
10 days. (Judge Pimentel)
- If offender is a private person, the
crime is illegal detention.

ARBITRARY
DETENTION (124)
DELAY IN DELIVERY
OF DETAINED (125)
Detention is illegal
from the beginning.
Detention is legal in the
beginning, but illegality
starts from the
expiration of the
specified periods
without the persons
detained having been
delivered to the proper
judicial authority.

ART. 126: DELAYING RELEASE

ELEMENTS:
employee;
2. That there is a judicial or executive order
for the release of a prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person;
and
3. That the offender without good reason
delays:
a. the service of the notice of such order
to the prisoner, or
b. the performance of such judicial or
executive order for the release of the
prisoner, or
c. the proceedings upon a petition for
the release of such person.

NOTE:
Wardens and jailers are the persons most
likely to violate this provision.

ELEMENTS:
employee;
2. That he expels any person from the
Philippines, or compels a person to change
his residence; and
3. That the offender is not authorized to do so
by law.

ACTS PUNISHABLE:
1. by expelling a person from the Philippines; or
2. by compelling a person to change his
residence

NOTES:
Acts punishable:
The crime of expulsion absorbs that of
grave coercion. If done by a private
person, act will amount to grave coercion.
Crime does not include expulsion of
undesirable aliens, destierro, or when sent to
prison.
If a Filipino who, after voluntarily leaving the
country, is illegally refused re-entry is
considered a victim of being forced to
change his address.

ART. 127. EXPULSION
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Threat to national security is not a valid
ground to expel or to compel one to
change his address.
The Chief Executive has the power to
deport undesirable aliens.

ELEMENTS:
employee;
2. That he is not authorized by judicial order to
enter the dwelling and/or to make a
search therein for papers or other effects;
and
3. That he commits any of the following acts:
a. entering any dwelling against the will
of the owner thereof;
b. searching papers or other effects
found therein without the previous
consent of such owner;
c. refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been
required to leave the same.

SPECIAL AGGRAVATING CIRCUMSTANCES:
1. nighttime
2. papers or effects not constituting evidence of
a crime are not returned immediately

NOTES:
The judicial order is the search warrant.
If the offender who enters the dwelling
against the will of the owner thereof is a
private individual, the crime committed is
trespass to dwelling (Art 280).
When a public officer searched a person
outside his dwelling without a search
warrant and such person is not legally
arrested for an offense, the crime committed
by the public officer is either:
- grave coercion if violence or
intimidation is used (Art 286), or
- unjust vexation if there is no violence
or intimidation (Art 287).
Public officer without a search warrant
cannot lawfully enter the dwelling against the
will of the owner, even if he knew that
someone in that dwelling is in unlawful
possession of opium.

ACTS PUNISHABLE:
1. procuring a search warrant without just
cause

ELEMENTS:
employee;
2. That he procures a search warrant;
and
3. That there is no just cause.

2. exceeding his authority by using
unnecessary severity in executing a
search warrant legally procured

ELEMENTS:
employee;
2. That he has legally procured a
search warrant; and
3. That he exceeds his authority or
uses unnecessary severity in
executing the same.

NOTES:
Search warrant is valid for 10 days from its
date of issue.
If there is no just cause, the warrant is
unjustified.
The search is limited to what is described
in the warrant, all details must be with set
forth with particularity.
Example of a warrant maliciously obtained: X
was a respondent of a search warrant for
illegal possession of firearms. A return was
made. The gun did not belong to X and the
witness had no personal knowledge that there
is a gun in that place.

Examples of abuse in service of warrant:
1. X owner was handcuffed while
search was going-on.
2. Tank was used to ram gate prior to
announcement that a search will be
made.
3. Persons who were not respondents
were searched.
An exception to the necessity of a search
warrant is the right of search and seizure as
an incident to a lawful arrest.

ART. 128. VIOLATION OF DOMICILE
ART. 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
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ELEMENTS:
employee;
2. That he is armed with a search warrant
legally procured;
3. That he searches the domicile, papers or
other belongings of any person; and
4. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present.

NOTES:
Order of those who must witness the
search:
- Homeowner
- Members of the family of sufficient
age and discretion
- Responsible members of the
community
Validity of the search warrant can be
questioned only in 2 courts: where issued
or where the case is pending. The latter is
preferred for objective determination.

ELEMENTS:
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without
legal ground the holding of a peaceful
meeting, or dissolving the same
(e.g. denial of permit in arbitrary
manner).
b. hindering any person from joining
any lawful association or from
attending any of its meetings
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.

NOTES:
If the offender is a private individual, the
crime is disturbance of public order
(Art 153).
Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
interrupting that meeting.
Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, the offense is unjust
vexation.
Interrupting and dissolving a meeting of the
municipal council by a public officer is a
crime against the legislative body and
not punishable under this article.
The person talking on a prohibited subject at
a public meeting contrary to agreement
that no speaker should touch on politics
may be stopped.
But stopping the speaker who was attacking
certain churches in public meeting is a
violation of this article.
Those holding peaceful meetings must
comply with local ordinances. Example:
Ordinance requires permits for meetings
in public places. But if a police stops a
meeting in a private place because
theres no permit, officer is liable for
stopping the meeting.

ART. 132. INTERRUPTION OF RELIGIOUS

ELEMENTS:
1. That the officer is a public officer or
employee;
2. That religious ceremonies or
manifestations of any religion are about to
take place or are going on; and
3. That the offender prevents or disturbs the
same.

NOTES:

Qualifying circumstances:
1. violence; or
2. threats.

Reading of Bible and then attacking certain
churches in a public plaza is not a
ceremony or manifestation of religion, but
only a meeting of a religious sect. But if
done in a private home, its a religious
service.
Religious Worship includes people in the act
of performing religious rites for a religious
ceremony or a manifestation of religion.
Examples: Mass, baptism, marriage
ART. 131. PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
ART. 130. SEARCHING DOMICILE WITHOUT
WITNESSES
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X, a private person, boxed a priest while the
priest was giving homily and maligning a
relative of X. Is X liable? X may be liable
under Art 133 (Offending religious feelings)
because X is a private person.

ELEMENTS:
1. Acts complained of were performed
a. in a place devoted to religious
feelings, or
b. during the celebration of any
religious ceremony
2. Acts must be notoriously offensive to the
feelings of the faithful;
3. Offender is any person; and
4. Theres a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet.

NOTES:
If in a place devoted to religious purpose,
there is no need for an ongoing
religious ceremony.
Example of religious ceremony (acts
performed outside the church):
Processions and special prayers for
burying dead persons but NOT prayer
rallies.
Acts must be directed against religious
practice or dogma or ritual for the
purpose of ridicule, as mocking or
scoffing or attempting to damage an
object of religious veneration.
There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance
or rudeness is not enough.

CRIME NATURE
OF
CRIME
WHO
ARE
LIABLE
IF ELEMENT
MISSING
Prohibition,
Interruption
and
Dissolution
of
Peaceful
Meeting
(131)
Crime
against
the
fundame
ntal law
of the
state
Public
officers,
Outsiders
If not by
public officer
=
Tumults
Interruption
of
Religious
Worship
Crime
against
the
fundame
Public
officers,
Outsiders
If by insider =
unjust
vexation
If not
(132) ntal law
of the
state
religious =
tumult or
alarms
If not
notoriously
offensive =
unjust
vexation
Offending
the
Religious
Feeling
(133)
Crime
against
public
order
Public
officers,
private
persons,
outsiders
If not tumults
= alarms
and scandal
If meeting
illegal at
onset =
inciting to
sedition or
rebellion

TITLE THREE
CRIMES AGAINST PUBLIC ORDER

POLITICAL CRIMES are those directly aimed
against the political order, as well as such common
crimes as may be committed to achieve a political
purpose. The decisive factor is the intent or motive.

ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or
movement is either:
a. to remove from the allegiance to
said government or its laws the
territory of the Philippines or any part
thereof or any body of land, naval or
other armed forces, or
b. to deprive the chief executive or
congress, wholly or partially, of any
of their powers or prerogatives.

PERSONS LIABLE:
1. Any person who: (a) promotes, (b) maintains,
or (c) heads a rebellion or insurrection
(leader);
2. Any person merely participating or
executing the command of others in
rebellion (participant); and
ART. 134. REBELLION OR INSURRECTION
ART. 133. OFFENDING RELIGIOUS FEELINGS
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3. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (person deemed leader when leader
is unknown)

NOTES:
Rebellion is the term used where the object
of the movement is completely to
overthrow and supersede the existing
government.
Insurrection refers to a movement which
seeks merely to effect some change of
minor importance to prevent the exercise
of governmental authority w/ respect to
particular matters or subjects.
Purpose of the uprising must be shown
but it is not necessary that it be
accomplished.
If there is no public uprising, the crime is
direct assault.
Mere giving of aid or comfort is not
criminal in the case of rebellion. There
must be ACTUAL participation.
people vs. Hernandez ruling: rebellion
cannot be complexed with ordinary
crimes done pursuant to it
people vs. Geronimo ruling: crimes done
for private purposes without political
motivation should be separately
punished
Enrile vs. Salazar ruling: upheld
Hernandez
Thus: Rebellion absorbs other crimes
committed in furtherance of rebellion.
Illegal possession of firearms in
furtherance of rebellion is absorbed by
the crime of rebellion. A private crime
may be committed during rebellion.
Rape, even if not in furtherance of
rebellion cannot be complexed with
rebellion.
Rebellion is a continuing crime along with
the crime of conspiracy or proposal to
commit rebellion.
If killing or robbing were done for private
purposes or for profit, without any
political motivation, the crime would
be separately be punished and would not
be embraced by rebellion (People v.
Fernando).
If the leader is unknown, a person is
deemed a leader of rebellion if he: a.
directed the others, b. spoke for them,
c. signed receipts and other documents
issued in their name, and d. performed
similar acts on behalf of the rebels.
Diverting public funds is malversation
absorbed in rebellion.
Public officer must take active part, because
mere silence or omission is not
punishable as rebellion.
In rebellion, it is not a defense that the
accused never took the oath of
allegiance, or that they never recognized
the government.

ELEMENTS:
1. Offender is a person or persons belonging to
the military, or police or holding any public
office or employment,
2. Committed by means of swift attack,
accompanied by violence, intimidation,
threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the
Philippines
b. any military camp or installation
c. communication networks, public
utilities or other facilities needed for
the exercise and continued
possession of power
4. For the purpose of seizing or diminishing
state power.

PERSONS LIABLE:
1. Any person who leads or in any manner
directs or commands others to undertake
coup detat (leaders);
2. Any person in the government service who
participates or executes directions or
commands of others in undertaking coup
detat (participants from government);
3. Any person not in the government service
who participates, or in any manner, supports,
finances, abets, or aids in undertaking a coup
detat (participants not from government);
and
4. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (deemed leader if leader is unknown)

ART. 134 A. COUP D ETAT
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TREASON (114) REBELLION (134) COUP DETAT (134-A) SEDITION (139)
Nature of
Crime
National Security Public Order Public Order Public Order
Overt acts
Levying war against the
govt;
OR
Adherence and giving
aid or comfort to
enemies
Public uprising
AND
Taking up arms against
the govt
Attack against authorities,
military camp, networks or
public utilities, or other facilities
for power
Rising publicly
and tumultuously
(more
than 3 men who are armed or
provided with
means of violence)

Purpose

Deliver the govt to the
enemy during war
Removing territory , or
body of armed forces, or
depriving the Chief
Executive or Legislature
Seizing or diminishing state
power.
See enumeration in article.
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WHO ARE LIABLE AND PENALTIES:

REBELLION:
1. Leaders reclusion perpetua
2. Participants reclusion temporal
3. Deemed leader reclusion perpetua

COUP DETAT:
1. Leaders reclusion perpetua
2. Participants (govt) reclusion temporal
3. Participants (not govt) prision mayor
4. Deemed leader reclusion perpetua

ELEMENTS OF CONSPIRACY:
1. Two or more persons come to an agreement
to rise publicly and take arms against the
government;
2. For any of the purposes of rebellion; and
3. They decide to commit it.

ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly
and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other
person/s.

PROPOSAL TO
COMMIT
REBELLION
INCITING TO
REBELLION
In both, the offender induces another to
commit rebellion
In both, the crime of rebellion should not be
committed by the persons to whom it is
proposed or who are incited.
If they commit rebellion because of the
proposal or inciting, the proponent or the one
inciting may become a principal by inducement
in the crime of rebellion.
The person who
proposes has decided
to commit rebellion.
It is not required that
the offender has
decided to commit
rebellion.
The person who
proposes the
execution of the crime
uses secret means.
The act of inciting is
done publicly.

NOTES:
Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
organization show conspiracy to overthrow
the government.
The mere fact of giving and rendering
speeches favoring Communism would not
make the accused guilty of conspiracy if
there is no evidence that the hearers then
and there agreed to rise up in arms
against the government.
The advocacy of Communism or
Communistic theory is not a criminal act
of conspiracy unless converted into
advocacy of action.
Only when the Communist advocates action and
actual uprising, war or otherwise, does he
become guilty of conspiracy to commit
rebellion. (People vs. Hernandez

ACTS PUNISHABLE:
1. Failing to resist rebellion by all the means
in their power; or
2. Continuing to discharge the duties of their
offices under the control of rebels; or
3. Accepting appointment to office under
rebels.

NOTES:
There must be actual rebellion for this crime
to be committed.
It must not be committed in conspiracy
with rebels or coup plotters for this crime
to be committed.
If position is accepted in order to protect the
people, not covered by this article.

ELEMENTS:
1. That the offender does not take arms or is
not in open hostility against the government;
2. That he incites others to the execution of any
of the acts of rebellion; and
3. That the inciting is done by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to
the same end.
ART. 135. PENALTY FOR REBELLION,
INSURRECTION OR COUP D ETAT
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES
ART. 138. INCITING TO REBELLION OR
INSURRECTION
ART. 136. CONSPIRACY AND PROPOSAL TO
COMMIT COUP D ETAT, REBELLION OR
INSURRECTION
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NOTES:
Inciting must have been intentionally
calculated to seduce others to rebellion.
In both proposal to commit rebellion and in
inciting to rebellion, rebellion should
not actually be committed by the
persons to whom it was proposed, or who
were incited. If they commit rebellion
because of the proposal or incitement, the
proponent, or the one inciting may
become a principal by inducement in
the crime of rebellion.

PROPOSAL TO
COMMIT REBELLION
(136)
INCITING TO
REBELLION (138)
The person who
proposes has decided to
commit rebellion.
Not required that
the offender has
decided to commit
rebellion.
The person who
proposes the execution
of the crime uses secret
means.
The inciting is done
publicly.

ELEMENTS:
1. That the offenders rise
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other
means outside of legal methods; and
3. That the offenders employ any of those
means to attain any of the following objects:
a. to prevent the promulgation or
execution of any law or 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; or
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.

NOTES:
Sedition is the raising of commotions or
disturbances in the State. Its ultimate
object is a violation of the public peace or
at least such a course of measures as
evidently engenders it. (People vs.
Perez)
Tumultuous uprising means that it is
caused by more than 3 persons who
are armed or provided w/ means of
violence.
In sedition, offender may be a private or
public person.
Common crimes are not absorbed in
sedition. (People v. Umali)
Preventing election through legal means is
NOT sedition.
If the purpose of the offenders is to attain
the objects of rebellion or sedition by
force or violence, but there is no
public uprising, the crime committed is
direct assault.
There is conspiracy to commit sedition (Art.
141) but no proposal to commit sedition.

PERSONS LIABLE:
1. leader of the sedition, and
2. other persons participating in the sedition.

NOTE: There must be an agreement and a decision
to rise publicly and tumultuously to attain any of the
objects of sedition in order to constitute crime of
conspiracy to commit sedition.

ACTS PUNISHABLE:
1. Inciting others to the accomplishment of any
of the acts which constitute sedition by
means of speeches, proclamations,
writings, emblems etc.
2. Uttering seditious words or speeches which
tend to disturb the public peace;
ART. 139. SEDITION
ART. 141. CONSPIRACY TO COMMIT
SEDITION
ART. 140. PENALTY FOR SEDITION
ART. 142. INCITING TO SEDITION
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3. Writing, publishing, or circulating scurrilous
[vulgar, mean, libelous] libels against the
government or any of the duly constituted
authorities thereof, which tend to disturb
the public peace; or
4. Knowingly concealing such evil practices.

ELEMENTS of ACT 1:
1. That the offender does not take a direct part
in the crime of sedition;
2. That he incites others to the accomplishment
of any of the acts which constitute sedition;
and
3. That the inciting is done by means of
speeches, proclamations, writing, emblems,
cartoons, banners, or other representations
tending to the same end.

UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any
public officer in executing the functions of his
office; or
2. when they tend to instigate others to cabal
and meet together for unlawful purposes; or
3. when they suggest or incite rebellious
conspiracies or riots; or
4. when they lead or tend to stir up the people
against the lawful authorities or to disturb the
peace of the community, the safety and order
of the government.

3 RULES RELATIVE TO SEDITOUS WORDS:
1. Dangerous Tendency rule
2. Clear and Present Danger rule
3. Balance of Interests rule

Chapter Two - CRIMES AGAINST
POPULAR REPRESENTATION

ELEMENTS:
1. A projected or actual meeting of Congress or
any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board
or city or municipal council or board; and
2. That the offender who may be any person
prevents such meeting by force or fraud.

NOTE: Chief of Police and mayor who prevented the
meeting of the municipal council are liable under Art.
143, when the defect of the meeting is not manifest
and requires an investigation before its existence can
be determined.

ELEMENTS:
1. An actual meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal
council or board; and
2. That the offender does any of the following
acts
a. he disturbs any of such meetings
b. he behaves while in the presence of
any such bodies in such a manner as
to interrupt its proceedings or to
impair the respect due it.

NOTE: Complaint must be filed by member of the
Legislative body. Accused may also be punished for
contempt by the legislative body.

ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or divisions
thereof, or from expressing his opinions or
casting his vote.

ELEMENTS:
1. Offender uses force, intimidation,
threat or fraud
2. Purpose is to prevent any member of
Congress from:
a. Attending the said meetings;
b. Expressing his opinions; or
c. Casting his vote.

2. By arresting or searching any member
thereof while Congress is in a regular or
special session, except in case such
member has committed a crime punishable
ART. 143. ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND SIMILAR
BODIES
ART. 144. DISTURBANCE OF
PROCEEDINGS
ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY.
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under the code by a penalty higher than
prision mayor.

ELEMENTS:
1. Offender is a public officer or
employee;
2. He arrests or searches any member
of Congress
3. Congress, at the time of arrest or
search is in regular or special
session
4. member arrested o searched hasnt
committed a crime by a penalty
prision mayor or higher.

NOTES:
Parliamentary immunity does not mean
exemption from criminal liability, except
from a crime that may arise from any speech
that the member of Congress may deliver on
the floor during regular or special session.
To be consistent with the 1987 Constitution,
the phrase by a penalty higher than prision
mayor in Art. 145 should be amended to
read by the penalty of prision mayor or
higher.

Chapter Three - ILLEGAL ASSEMBLIES
AND ASSOCIATIONS

2 TYPES OF ILLEGAL ASSEMBLIES:
1. Meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Revised Penal Code;
REQUISITES:
1. Theres a meeting gather or group
of persons whether fixed or moving;
2. Meeting is attended by armed
persons; and
3. The purpose of meeting is to commit
any of the crimes punishable under
RPC

2. A meeting in w/c the audience is incited to
the commission of the crimes of treason,
rebellion or insurrection, sedition or
assault upon a person in authority or his
agent.

REQUISITES:
1. Theres a meeting gather or group
of persons whether fixed or moving;
2. Audience whether armed or not is
incited to the commission of the
crime of treason, rebellion or
insurrection, sedition or direct
assault.

WHEN A PERSON CARRIES UNLICENSED
FIREARM IN THE 1
st
ASSEMBLY:
1. Presumed that the purpose of meeting is to
commit any crime under RPC
2. Presumed that the one in possession of
unlicensed firearm is the leader or organizer
of the meeting

NOTES:
Not all the persons present at the meeting of
the first form of illegal assembly need to be
armed.
Persons liable for illegal assembly:
the organizers or leaders of the meeting
persons merely present at the meeting
(except when presence is out of curiosity
not liable)
Presumptions if person present at the meeting
carries an unlicensed firearm:
purpose of the meeting is to commit acts
punishable under the RPC
considered as leader or organizer of the
meeting

2 KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for
the purpose of committing any of the
crimes in RPC; or
2. For some purpose contrary to public
morals.

PERSONS LIABLE:
1. founders, directors and president of the
association; and
2. mere members of the association

ILLEGAL ASSEMBLY
(146)
ILLEGAL
ASSOCIATION (147)
Must be an actual meeting
of armed persons to commit
any of the crimes punishable
No need for such
ART. 146. ILLEGAL ASSEMBLIES
ARTICLE 147. ILLEGAL ASSOCIATIONS
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under the RPC, or of
individuals who, although not
armed, are incited to the
commission of treason,
rebellion, sedition or assault
upon a person in authority of
his agent.
It is the meeting and the
attendance at such that are
punished
Act of forming or
organizing and
membership in the
association is
punished
Persons liable: leaders and
those present
Founders,
directors, president
and members

Chapter Four - ASSAULT, RESISTANCE
AND DISOBEDIENCE

2 WAYS TO COMMIT DIRECT ASSAULT:
1. Without public uprising, by employing force
or intimidation for attainment of any of the
purposes enumerated in defining the crimes
of rebellion and sedition (first form)

ELEMENTS:
1. Offender employs force or
intimidation;
2. Aim of offender is to attain any of the
purposes of the crime of rebellion
and sedition; and
3. That there is no public uprising.

2. Without public uprising, by attacking, by
employing force or by seriously
intimidating or by seriously resisting any
person in authority o any of his agents, while
engaged in the performance of official duties,
or on the occasion of such performance.
(second form).

ELEMENTS:
1. Offender (a) makes an attack, (b)
employs force, (c) makes a serious
intimidation, or (d) makes a serious
resistance;
2. Person assaulted is a person in
authority or his agent;
3. At the time of the assault the
person in authority or his agent
a. is engaged in the actual
performance of official duties
(motive is not essential); or
b. is assaulted by reason of the
past performance of official
duties (motive is essential);
4. That the offender knows that the
one he is assaulting is a person in
authority or his agent (with intention
to offend, injure or assault); and
5. No public uprising.

FORCE
EMPLOYED
INTIMIDATION/
RESISTANCE
Person in
Authority
Need not be
serious
Serious
Agent Must be of
serious
character
Serious

NOTES:
General Rule: Direct assault is always complexed
with the material consequence of the act (Ex. direct
assault with murder).
Exception: If resulting in a light felony, the
consequent crime is absorbed.

The force employed need not be serious
when the offended party is a person in
authority (Ex. Laying of hands).
The intimidation or resistance must be
serious whether the offended party is an
agent only or a person in authority (Ex.
Pointing a gun).
A person in authority is any person directly
vested with jurisdiction (power or authority
to govern and execute the laws) whether as
an individual or as a member of some court
or governmental corporation, board, or
commission. Examples: A barangay captain,
a Division Superintendent of Schools,
President of Sanitary Division and a teacher.
An agent is one 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. Examples: Barrio councilman and
any person who comes to the aid of the
person in authority, policeman, municipal
ART. 148. DIRECT ASSAULT
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treasurer, postmaster, sheriff, agents of the
BIR, Malacaang confidential agent.
Even when the person in authority or the
agent agrees to fight, direct assault is still
committed.
When the person in authority or the agent
provoked/attacked first, innocent party is
entitled to defend himself and cannot be held
liable for assault or resistance nor for
physical injuries, because he acts in
legitimate self-defense.
There can be no assault upon or
disobedience to ones authority by another
when they both contend that they were in
the exercise of their respective duties.
When assault is made by reason of the
performance of his duty there is no need for
actual performance of his official duty when
attacked.
Direct assault cannot be committed during
rebellion.
Direct assault may be committed upon a
private person who comes to the aid of a
person in authority since he is then
considered an agent of a person in authority.

1. when the assault is committed with a
weapon;
2. when the offender is a public officer or
employee; or
3. when the offender lays hand upon a person
in authority

ELEMENTS:
1. The direct assault is committed against an
agent of a person in authority;
2. That the offended party comes to the aid of
such agent of a person in authority; and
3. That the offender makes use of force or
intimidation upon the said offended party.

NOTES:
Indirect assault can be committed only
when a direct assault is also being
committed.
To be indirect assault, the person who
should be aided is the agent and not
the person in authority. In the latter
case, it is already direct assault.
According to Art 152: The person
coming to the aid of the person in
authority is considered an agent and an
attack on the latter is already direct
assault.

ACTS PUNISHABLE:
1. Disobedience w/o legal excuse to
summons issued by the Congress or any of
its committees or subcommittees;
2. Refusal of any person present before a
legislative or constitutional body or official to:
(a) to be sworn or placed under affirmation;
(b) to answer any legal inquiry; or (3) to
produce books, documents, records etc.
when required to do so by the said bodies in
the exercise of their functions;
3. Restraining another from attending as
witness in such body; or
4. Inducing disobedience to a summons or
refusal to be sworn.

ELEMENTS RESISTANCE & SERIOUS
DISOBEDIENCE (par. 1):
1. That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender;
2. That the offender resists or seriously
disobeys such person in authority or his
agent; and
3. That the act of the offender is not included in
the provisions of arts. 148, 149 and 150.

ELEMENTS SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is
engaged in the performance of official duty
gives a lawful order to the offender;
2. That the offender disobeys such agent of a
person in authority; and
3. That such disobedience is not of a serious
nature.

ARTICLE 149. INDIRECT ASSAULT
ARTICLE 150. DISOBEDIENCE TO SUMMONS
ISSUED BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS
ARTICLE 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY
OR THE AGENTS OF SUCH PERSON
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NOTES:
While being arrested and theres serious
resistance, person resisting must know that
the one arresting him is an officer
Picketing (economic coercion) must be lawful
otherwise police can disperse them
Disobedience in 2
nd
par. must not be serious.
Otherwise it will fall under the 1
st
par.
Resistance mustnt be serious otherwise its
direct assault.

DIRECT ASSAULT
(148)
RESISTANCE &
DISOBEDIENCE TO A
PERSON IN AUTHORITY
(PIA) OR AGENTS OF
SUCH PERSON (151)
PIA or his agent
must be engaged in
the performance of
official duties or that
he is assaulted by
reason thereof
PIA or his agent must be
in the
actual performance
of his duties.
Direct assault is
committed in 4
ways by attacking,
employing force,
seriously
intimidating, and
seriously resisting a
PIA or his agent.
Committed by resisting or
seriously disobeying
a PIA or his agent.
Use of force against
an agent of PIA must
be serious and
deliberate.
Simple disobedience
force against an agent of
a PIA is not so serious;
No manifest intention to
defy the law & officers
enforcing it.

PERSON IN AUTHORITY any person directly
vested with jurisdiction, whether as an individual or
as a member of some court or governmental
corporation, board or commission. They include:
a. Barangay captain
b. Barangay chairman

For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of
public or duly recognized private schools,
colleges and universities
d. Lawyers in the actual performance of their
professional duties or on the occasion of such
performance

AGENT OF PERSON IN AUTHORITY any 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. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons
in authority
Notes:
Section 388 of the Local Govt. Code
provides that for purposes of the RPC, the
punong barangay, sangguniang
barangay members and members of
the lupong tagapamayapa in each
barangay shall be deemed as persons in
authority in their jurisdictions.
Other barangay officials and members who
may be designated by law or ordinance
and charged with the maintenance of
public order, protection and the security of
life, property, or the maintenance of a
desirable and balanced environment, and
any barangay member who comes to the
aid of persons in authority shall be
deemed agent of persons in authority.
It seems that teachers, professors, lawyers
etc could be considered as persons in
authority not only for Arts. 148 and 151
but also for Art 149 (L.B. Reyes)

Chapter Five - PUBLIC DISORDERS

TUMULTS AND OTHER DISTURBANCES:
1. Causing any serious disturbance in a
public place, office or establishment;
2. Interrupting or disturbing public
performances, functions, gatherings or
peaceful meetings, if the act is not included
ARTICLE 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY WHO
SHALL BE DEEMED AS SUCH
ARTICLE 153. TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER
TUMULTUOUS DISTURBANCE OR
INTERRUPTION LIABLE TO CAUSE
DISTURBANCE
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in Art 131 and 132 (Public Officers
interrupting peaceful meetings or religious
worship);
3. Making any 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.

NOTES:
If the act of disturbing or interrupting a
meeting or religious ceremony is not
committed by public officers, or if
committed by public officers who are
participants therein, this article applies. Art
131 and 132 punishes the same acts if
committed by public officers who are not
participants in the meeting.
The outcry is merely a public disorder if it
is an unconscious outburst which,
although rebellious or seditious in nature, is
not intentionally calculated to induce
others to commit rebellion or sedition,
otherwise, it is inciting to rebellion or
sedition.
Qualifying circumstance if it is
TUMULTUOUS

ACTS PUNISHABLE:
Publishing or causing to be published, by
means of printing, lithography or any other
means of publication as news any false
news that may endanger the public order,
or cause damage to the interest or credit
of the State.
1. Encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches.
2. Maliciously publishing or causing to be
published any official resolution or
document without proper authority, or
before they have been published
officially.
3. Printing, publishing or distributing or
(causing the same) books, pamphlets,
periodicals or leaflets which do not bear the
real printers name, or which are
classified as anonymous.

ACTS PUNISHABLE:
1. Discharging any firearm, rocket, firecracker,
or other explosive within any town or
public place, 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 amusement.
4. Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided the act is not covered by Art 153
(tumult).

NOTES:
Charivari is a mock serenade or discordant
noises made with kettles, tin horns etc.,
designed to deride, insult or annoy.
Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
(Art. 254).
What governs is the result, not the intent of
the offender.

ELEMENTS:
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes therefrom such
person, or helps the escape of such person.

NOTES:
Prisoner may be detention prisoner or one
sentenced by virtue of a final judgment.
Escapee, if already serving final judgment,
will in turn be held liable for evasion of
sentence (Art. 157).
TUMULTUOUS - caused by more than 3
persons who are armed or provided with
means of violence.
ARTICLE 156. DELIVERING PRISONERS
ARTICLE 154. UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
ARTICLE 155. ALARMS AND SCANDALS
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If merely detention prisoner he is not
criminally liable.
The offender is an outsider to the jail. If the
offender is a public officer or a private
person who has custody of the prisoner
and who helps a prisoner under his custody,
Arts. 223 (infidelity in the custody of a
prisoner) and 225 (escape of prisoner under
custody of private person) will apply,
respectively.
This felony may also be committed through
imprudence or negligence.
Circumstance qualifying: use of violence,
intimidation or bribery.
Mitigating circumstance: if it takes place
outside the penal establishment by taking
the guards by surprise.

Chapter Six EVASION OF SENTENCE OR
SERVICE

ART 157. EVASION OF SERVICE OF SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence which
consists in deprivation of liberty (destierro
included); and
3. That he evades the service of his sentence
by escaping during the term of his sentence.

NOTES:
This is a continuing offense.
This article does not apply to minor
delinquents, detention prisoners, or
deportees.
If the offender escaped within the 15-day
appeal period, crime is not evasion
because judgment is not yet final.
Circumstances qualifying the offense:
Evasion of sentence was done through:
unlawful entry (by scaling);
breaking doors, windows, gates, walls, roofs or
floors;
using picklocks, false keys, disguise, deceit,
violence or intimidation; or
connivance with other convicts or employees of
the penal institution.

ELEMENTS:
1. That the offender is a convict by final
judgment who is confined in a penal
institution.
2. That there is disorder, resulting from:
a. conflagration,
b. earthquake,
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not
participated;
3. That the offender evades the service of his
sentence by leaving the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny; and
4. That the offender fails to give himself up to
the authorities within 48 hours following
the issuance of a proclamation by the
Chief Executive announcing the passing
away of such calamity.

NOTES:
Penalty of commission of this felony is an
increase by 1/5 of the time remaining to
be served under the original sentence, in
no case to exceed 6 months.
The special allowance for loyalty (i.e.
deduction of sentence) authorized by
Articles 98 and 158(2
nd
paragraph) refers
to those convicts, who having evaded the
service of their sentences by leaving the
penal institution, give themselves up
within 48 hours.
A mutiny is an organized unlawful resistance
to a superior officer, a sedition, or a revolt.
Disarming the guards is not mutiny.

ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon
by the chief executive; and
3. That he violated any of the conditions of
such pardon.

TWO PENALTIES:
1. prision correccional in its minimum period if
the penalty remitted does not exceed 6
years.
ARTICLE 158. EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
ARTICLE 159. OTHER CASES OF EVASION OF
SERVICE OF SENTENCE
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2. the unexpired portion of his original
sentence if the penalty remitted is higher
than 6 years.

NOTES:
Offender must have been found guilty of the
subsequent offense (through w/c he
violated his conditional pardon) before he
can be prosecuted under this Article. But
under the Revised Admin. Code, no
conviction is necessary. President has
the power to arrest, and reincarcerate
offender without trial.
When the penalty remitted is destierro, under
no circumstance may the penalty for the
violation of conditional pardon be destierro.

Chapter Seven COMMISSION OF
ANOTHER CRIME

ART. 160. COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR
ANTOHER PREVIOUS OFFENSE - PENALTY

NOTE: this article provides for quasi-recidivism

ELEMENTS:
1. That the offender was already convicted by
final judgment of one offense; and
2. That he committed a new felony before
beginning to serve such sentence or
while serving the same.

NOTES:
Quasi-recidivism is a special aggravating
circumstance where a person, after having
been convicted by final judgment, shall
commit a new felony before beginning to
serve such sentence, or while serving the
same.
Second crime must belong to the RPC, not
special laws. First crime may be either
from the RPC or special laws.
The aggravating circumstance of
reiteracion, on the other hand, requires that
the offender shall have served out his
sentence for the prior offense.
General Rule: A quasi-recidivist may be
pardoned at age 70 Exception: Unworthy,
or habitual delinquent
If new felony is evasion of sentence,
offender is not a quasi-recidivist.
The penalty: maximum period of the
penalty for the new felony should be
imposed. Mitigating circumstance can only
be appreciated if the maximum penalty is
divisible.
Quasi-Recidivism may be offset by a
special privileged mitigating circumstance.
(Ex. Minority)

TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST

Chapter One Forgeries

ACTS PUNISHABLE:
1. Forging the great seal of the Government;
2. Forging the signature of the President; or
3. Forging the stamp of the President.

NOTE: When the signature of the President is forged,
it is not falsification but forging of signature under this
article.

ELEMENTS:
1. That the great seal of the Republic was
counterfeited or the signature or stamp of the
chief executive was forged by another
person;
2. That the offender knew of the
counterfeiting or forgery; and
3. That he used the counterfeit seal or forged
signature or stamp.
ARTICLE 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE
PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
ARTICLE 162. USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP
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NOTE: Offender is NOT the forger or the cause of
the counterfeiting

ELEMENTS:
1. That there be false or counterfeited coins
(need not be legal tender);
2. That the offender either made, imported or
uttered such coins; and
3. That, in case of uttering such false or
counterfeited coins, he connives with
counterfeiters or importers.

NOTES:
A coin is counterfeit, if it is forged, or if it is not
authorized by the government as legal
tender, regardless if it is of intrinsic value.
Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary
person in believing it to be genuine.
To utter is to pass counterfeited coins, deliver
or give away.
To import is to bring them into port.
Importation is complete even before entry at
the Customs House.
This article also applies to Philippine coins,
foreign state coins, and coins withdrawn
from circulation. This does not require that
the coins counterfeited be legal tender.

This has been repealed by PD 247.

ACTS PUNISHABLE (PD 247):
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins

NOTES:
Mutilation is to take off part of the metal
either by filing it or substituting it for
another metal of inferior quality, to
diminish by ingenious means the
metal in the coin.
Foreign notes and coins not included
under this article. Mutilation must be of
Philippine legal tender.
There must be intention to mutilate

ACTS PUNISHABLE:
1. Possession of a coin, counterfeited or mutilated
by another person, with intent to utter the same,
knowing that it is false or mutilated.

ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge

2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.

ELEMENTS:
1. actually uttering, and
2. knowledge

NOTES:
Possession or uttering does not require that
coins be legal tender.
Crime under this article includes constructive
possession or the subjection of the thing to
ones control.
R.A. 427 punishes possession of silver or
nickel coins in excess of P50.00. It is a
measure of national policy to protect the
people from the conspiracy of those hoarding
silver or nickel coins and to preserve and
maintain the economy.

ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank
notes or documents payable to bearer;
2. Importing of such notes; or
3. Uttering of such false or forged obligations
and notes in connivance with forgers and
importers.

ARTICLE 163. MAKING AND IMPORTING AND
UTTERING FALSE COINS
ARTICLE 164. MUTILATION OF COINS
IMPORTATION AND UTTERANCE OF
MUTILATED COINS
ARTICLE 165. SELLING OF FALSE OR
MUTILATED COIN, WITHOUT CONNIVANCE
ARTICLE 166. FORGING TREASURY OR BANK
NOTES, OBLIGATIONS AND SECURITIES;
IMPORTING AND UTTERING FALSE OR
FORGED NOTES, OBLIGATIONS AND
SECURITIES
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NOTES:
Forging is committed by giving a treasury or
bank note or document payable to bearer
or order an appearance of a true and
genuine document.
Falsification is committed by erasing,
substituting, counterfeiting or altering by
any means the figures and letters, words,
signs contained therein. Example:
falsifying lotto or sweepstakes ticket
constitutes the complex crime of
attempted estafa through falsification of a
government security.
Forging PNB checks is not included
under this article. That is falsification
of commercial document under Article
172.
Obligation or security includes bonds,
certificate of indebtedness, bills, national
bank notes, coupons, treasury notes,
certificates of deposit, checks, drafts for
money, and sweepstakes money.

ELEMENTS:
1. That there be an instrument payable to
order or other document of credit not
payable to bearer;
2. That the offender either forged, imported or
uttered such instruments; and
3. That in case of uttering, he connived with
the forger or importer.
Elements:
1. That any treasury or bank note or certificate
or other obligation and security payable to
bearer, or any instrument payable to order
or other document of credit not payable to
bearer is forged or falsified by another
person;
2. That the offender knows that any of those
instruments is forged or falsified; and
3. That he performs any of these acts:
a. using any of such forged or falsified
instruments, or
b. possessing with intent to use any of
such forged or falsified instruments.

The act sought to be punished is knowingly
possessing with intent to use any of such forged
treasury or bank notes.
The accused has the burden to give a
satisfactory explanation of his possession of
forged bills. Mere possession of false money bill,
without intent to use it to the damage of another,
is not a crime.

HOW FORGERY IS COMMITTED:
a. 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;
b. by erasing, substituting, counterfeiting,
altering by any means the figures, letters or
words, or signs contained therein.

If all acts are done but genuine appearance is
not given, the crime is frustrated.
P.D. No. 247 punishes the willful defacement,
mutilation, tearing, burning, or destruction in any
manner of currency notes or coins issued by the
Central Bank of the Philippines.

ELEMENTS:
1. That there be a bill, resolution, or
ordinance enacted or approved or pending
approval by Congress or any provincial board
or municipal council;
2. That the offender (any person) alters the
same;
3. That he has no proper authority therefor;
and
4. That the alteration has changed the
meaning of the document.

Accused must not be a public official
entrusted with the custody or possession of
such document, otherwise Art. 171 applies.
There can be no falsification through reckless
imprudence as that will be inconsistent with the
element of intent to cause damage in said crime.

ARTICLE 169. HOW FORGERY IS COMMITTED
ARTICLE 170. FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ARTICLE 167. COUNTERFEITING, IMPORTING,
AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
ARTICLE 168. ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
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ELEMENTS:
1. That the offender is a public officer, employee,
or notary public.
2. That he takes advantage of his official
position.
a. He has the duty to make or to prepare or
otherwise to intervene in the preparation of
the document; or
b. He has the official custody of the document
which he falsifies
3. That he falsifies a document by committing any
of the following acts:
a. Counterfeiting or imitating any handwriting,
signature or rubric.
b. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate
c. Attributing to persons who have participated
in an act or proceeding statements other than
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 authenticated form a document
purporting to be a copy of an original
document when no such original exists, or
including in such copy a statement 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.
4. In case the offender is an ecclesiastical
minister, the act of falsification is committed with
respect to any record or document of such
character that its falsification may affect the
civil status of persons.

PERSONS WHO MAY BE HELD LIABLE
1. Public officer, employee, or notary public
who takes advantage of his official position
2. Ecclesiastical minister if the act of
falsification may affect the civil status of
persons
3. Private individual, if in conspiracy with
public officer

ACTS OF FALSIFICATION
a. Counterfeiting or imitating any
handwriting, signature or rubric.

COUNTERFEITING
ELEMENTS:
1) That there be an intent to imitate, or
an attempt to imitate; and
2) That the two signatures or
handwritings, the genuine and the
forged, bear some resemblance, to
each other.

Lack of similitude/imitation of a
genuine signature will not be a
ground for conviction under par. 1
but such is not an impediment to
conviction under par. 2.

b. Causing it to appear that persons have
participated in an act or a proceeding
1. That the offender caused it to appear
in a document that a person or
persons participated in an act or a
proceeding
2. That such person did not in fact
participate in the act or proceeding

c. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact made
by them.
1. That a person or persons
participated in an act or a proceeding
2. That such person or persons made
statements in that act or proceeding;
and
3. That the offender, in making a
document, attributed to such person
or persons statements other than
those in fact made by such person or
persons

d. Making untruthful statements in a
narration of facts.

ELEMENTS:
1. That the offender makes in a
document statements in a narration
of facts
2. That he has a legal obligation to
disclose the truth of the facts
narrated by him
3. That the facts narrated by the
offender are absolutely false;
ARTICLE 171. FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
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4. That the perversion of truth in the
narration of facts was made with the
wrongful intent of injuring a third
person

There must be a narration of facts, not a
conclusion of law. Narration must be on a
material matter.
The person making the narration of facts
must be aware of the falsity of the facts
narrated by him. This kind of falsification may
be committed by omission.
Legal obligation means that there is a law
requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates

Enemecio v. Office of the Ombudsman, GR
146731, 1/13/04
As the Ombudsman correctly pointed out,
Enemecio failed to point to any law imposing upon
Bernante the legal obligation to disclose where he
was going to spend his leave of absence. Legal
obligation means that there is a law requiring the
disclosure of the truth of the facts narrated. Bernante
may not be convicted of the crime of falsification of
public document by making false statements in a
narration of facts absent any legal obligation to
disclose where he would spend his vacation leave
and forced leave.

e. Altering true dates.
Date must be essential
Alteration mujst affect veracity of document
or effects

f. Making any alteration or intercalation in a
genuine document which changes its
meaning.

ELEMENTS:
1. That there be an alteration (change) or
intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration or intercalation has
changed the meaning of a document
4. That the change made the document
speak something false

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 a statement contrary to, or different
from, that of the genuine original.

if no knowledge, falsification through
negligence

h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official
book.
This involves a genuine document
There is no crime of attempted or
frustrated falsification of public document.
If offender does not take advantage of his
public position, he may still be liable for
falsification of documents by a private
person under Art. 172.
It is not necessary that what is falsified is a
genuine or real document. It is enough that it
gives an appearance of a genuine article.

DOCUMENT - any written statement by which a right
is established or an obligation is extinguished

COUNTERFEITING intent or attempt to imitate

FEIGNING - to represent by false appearance when
no original exists

ELEMENTS OF FALSIFICATION OF PUBLIC,
OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1):
1. That the offender is a private individual or a
public officer or employee who did not take
advantage of his official position;
2. That he committed any of the acts of
falsification enumerated in ART. 171;
3. That the falsification was committed in any
public or official or commercial document.

Under this paragraph, damage is not essential,
it is presumed.
Lack of malice or criminal intent may be put up
as a defense under this article.
The following writings are public:
a. written official acts or records of acts of the
sovereign authority, official bodies and
tribunals, and of the public officers,
legislative, judicial and executive, whether
of the Philippines or of a foreign country;
b. Documents acknowledged before notary
public except last wills and testaments;
ARTICLE 172. FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED
INSTRUMENTS
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c. Public records, kept in the Philippines, of
private documents required by law to be
entered therein.
Commercial documents: warehouse receipts,
airway bills, bank checks, cash files, deposit slips
and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable
instruments.
Cash disbursement vouchers or receipts
evidencing payments are not commercial
documents.
A mere blank form of an official document is not
in itself a document.
The possessor of falsified document is
presumed to be the author of the falsification.
Issuing in authenticated form a document(art.
171(7)) purporting to be a copy of an original
document when no such original exists, or
including in such copy a statement contrary to, or
different from, that of the genuine original - can
be committed only by a public officer or notary
public who takes advantage of his official position
since the authentication can be made only by the
custodian or the one who prepared and retained
a copy of the original document
ELEMENTS OF FALSIFICATION OF PRIVATE
DOCUMENT:
1. That the offender committed any of the acts
of falsification, except those in paragraph
7 and 8, enumerated in art. 171;
2. That the falsification was committed in any
private document; and
3. That the falsification caused damage to a
third party or at least the falsification was
committed with intent to cause such
damage
.
It is not necessary that the offender profited
or hoped to profit
A document falsified as a necessary means to
commit another crime (complex crime) must be
public, official or commercial. Hence, there is
no complex crime of estafa through
falsification of a private document because the
immediate effect of the latter is the same as that
of estafa.
There is no falsification through reckless
imprudence if the document is private and no
actual damage is caused.
If the estafa was already consummated at the
time the falsification of a private document
was committed for the purpose of concealing
the estafa, the falsification is not punishable.
As regards the falsification of the private
document, there was no damage or intent to
cause damage.
A private document may acquire the character
of a public document when it becomes part of
an official record and is certified by a public
officer duly authorized by law.
The crime is falsification of public documents
even if the falsification took place before the
private document became part of the public
records.

ELEMENTS OF USE OF FALSIFIED DOCUMENT
(par. 3, art. 172):

Introducing in a judicial proceeding
1. That the offender knew that a document was
falsified by another person.
2. That the false document is embraced in art.
171 or in any subdivisions nos. 1 and 2 of
art. 172.
3. That he introduced said document in
evidence in any judicial proceeding.

Use in any other transaction
1. That the offender knew that a document was
falsified by another person.
2. That the false document is embraced in art.
171 or in any of subdivision nos. 1 and 2
of art. 172.
3. That he used such documents (not in judicial
proceedings).
4. That the use of the documents caused
damage to another or at least was used
with intent to cause such damage.

The user of the falsified document is deemed the
author of the falsification, if:
1. The use was so closely connected in time
with the falsification, and
2. The user had the capacity of falsifying the
document.

FALSIFICATION OF
PRIVATE
DOCUMENTS
FALSIFICATION OF
PUBLIC/
OFFICIAL DOCUMENTS
Damage to third party
is an element of the
offense.
Damage to third persons is
immaterial;
what is punished is the
violation of public faith and
perversion of truth which the
document proclaims.

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ACTS PUNISHABLE:
1. Uttering fictitious, wireless, telegraph or
telephone message or falsifying message.

ELEMENTS:
a. That the offender is an officer or
employee of the government or an officer
or employee of a private corporation,
engaged in the service of sending or
receiving wireless, cable or telephone
message; and
b. That the accused commits any of the
following acts:
- uttering fictitious wireless, cable,
telegraph, or telephone message, or
- falsifying wireless, cable, telegraph,
or telephone message
A private individual may be a principal by
inducement but not direct participation

2. Using such falsified message.

ELEMENTS:
a. That the accused knew that wireless,
cable, telegraph, or telephone message
was falsified by any of the person
specified in the first paragraph of art.
173;
b. That the accused used such falsified
dispatch; and
c. That the use of the falsified dispatch
resulted in the prejudice of a third
party, or that the use thereof was with
intent to cause such prejudice.

The public officer, to be liable, must be
engaged in the service of sending or
receiving wireless, cable and telegraph or
telephone message.
Act No. 1851, Sec. 4, punishes private
individuals who forge or alter telegram.

PERSONS LIABLE:
1. Physician or surgeon who, in connection
with the practice of his profession, issued a
false certificate which refers to the illness or
injury of a person.
2. Public officer who issued a false certificate
of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence
3. Private individual who falsified a certificate
under (1) and (2).

CERTIFICATE - any writing by which testimony is
given that a fact has or has not taken place
ELEMENTS:
1. That a physician or surgeon has issued a
false medical certificate, or a public officer
has issued a false certificate of merit or
service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates;
2. That the offender knew that the certificate
was false; and
3. That he used the same.

When any of false certificates mentioned in
Article 174 is used in judicial proceedings, Article
172 does not apply because it is limited only to
those false documents embraced in Articles 171
and 172.

ACTS PUNISHABLE:
1. Making or introducing into the Philippines
any stamps, dies or marks or other
instruments or implements for
counterfeiting or falsification.
2. Possessing with intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.

NOTES:
The implements confiscated need not form
a complete set. It is enough that they may
be employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification.
Constructive possession is also punished.
Article 165 and 176 of the Revised Penal
Code, also punish constructive possession.

ARTICLE 173. FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES
ARTICLE 174. FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATES OF
MERIT OR SERVICE, ETC
ARTICLE 176. MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ARTICLE 175. USING FALSE
CERTIFICATES
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ACTS PUNISHABLE:
1. Usurpation of authority: By knowingly and
falsely representing oneself to be an
officer, agent or representative of any
department or agency of the Philippine or
any foreign government
2. Usurpation of official functions: By
performing an act pertaining to any
person in authority or public officer of the
Philippines or foreign government under the
pretense of such official position, and
without being lawfully entitled to do so.

NOTES:
In usurpation of authority, the mere act of
knowingly and falsely representing
oneself is sufficient. It is not necessary that
he performs an act pertaining to a public
officer.
There must be positive, express and explicit
representation and not merely a failure to
deny. Representation may be shown by acts.
In usurpation of official functions, it is
essential that the offender should have
performed an act pertaining to a person in
authority.
A public officer may also be an offender.
Note: the usurpation must pertain to a
department or agency of the Philippine
Government or any foreign government.
Sec. 1 RA 75 punishes any person who shall
falsely assume and take upon himself to act
as a diplomatic, consular, or any other official
of a foreign government duly accredited as
such to the Government of the Republic of
the Philippines with intent to defraud such
foreign government or the Government of the
Philippines; in addition to penalties imposed
in RPC, the offender shall be fined not more
than P5,000 or shall be imprisoned for not
more than 5 years or both.
If it can be proven that the usurpation of
authority or official functions by accused was
done in good faith or under cloth of authority,
then the charge of usurpation will not apply.
Ex. See Estrada v. Desierto

Estrada v. Desierto, GR 156160, 12/9/04
Hefti was charged with Usurpation of Official Function
for issuing a notice of distraint, a function of the BIR
Commissioner. While it is true that under Sec. 206 of
the NIRC as amended, the Commissioner of the BIR
and not any Officer of the BIR was the one granted
with the power to issue a notice of distraint, it bears
to stress, however, that when respondent Hefti
exercised such function of the BIR Commissioner,
she was then designated Officer-In-Charge of the
BIR by President Gloria Macapagal-Arroyo, as
evidenced by a photocopy of her Memorandum of
Appointment dated January 23, 2001. xxx Suffice it
to say that when respondent Hefti issued the notice
of distraint, she was clothed with authority to issue
the same in view of her appointment as the then
Officer-In-Charge of the BIR. Hence, the charge for
Usurpation of Official Function does not apply to said
respondent.

ELEMENTS OF USING FICTITIOUS NAME:
1. That the offender uses a name other than
his real name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is
a. To conceal a crime,
b. To evade the execution of a judgment, or
c. To cause damage to public interest.
Ex. Signing fictitious name for a passport

ELEMENTS OF CONCEALING TRUE NAME:
1. That the offender conceals
a. his true name, and
b. all other personal circumstances;
and
2. That the purpose is only to conceal his
identity.

USE OF FICTITIOUS NAME
(178)
CONCEALING
TRUE NAME
(178)
Element of publicity must be
present
Publicity not
necessary
Purpose is to conceal a crime, to
evade the execution of a
judgment, or to cause damage
to public interest
Purpose is only
to conceal
identity

Chapter Two OTHER FALSITIES

ARTICLE 177. USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
ARTICLE 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
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C.A. NO. 142 (Anti-Alias Law)

PERSONS LIABLE:

1. Any person who uses any name different from
the one w/ w/c he was registered at birth in the
office of the local civil registry, or w/ w/c he was
registered in the bureau of immigration upon
entry, or such substitute name as may have been
authorized by a competent court. Exempted from
criminal liability are persons who use another
name as a pseudonym solely for literary,
cinema, television, radio, or other entertainment
purposes and in athletic events; and
2. Any person who having been baptized with a
name different from what was registered, or who
had obtained judicial authority for use of an alias,
or who uses a pseudonym, represents himself
in any public or private document w/o stating
or affixing his real or original name or aliases
or pseudonym he is authorized to use.

NOTES:
A judicial authority must be first secured by a
person who desires to use an alias.
However, a common-law wife does not incur
criminal liability under the Anti-Alias Law if she
uses the surname of the man she has been living
w/ for the past 20 years and has been introducing
herself to the public as his wife.

ELEMENTS:
1. That the offender makes use of insignia,
uniform or dress;
2. That the insignia, uniform or dress pertains to
an office not held by the offender or to a
class of persons of which he is not a
member; and
3. That said insignia, uniform or dress is used
publicly and improperly.

NOTES:
An exact imitation of the dress or uniform is
unnecessary; a colorable resemblance
calculated to deceive is sufficient
The term improperly means that the offender
has no right to use the uniform or insignia.
Wearing the uniform of an imaginary office, not
punishable
Using naval, military, police or other official
uniform, decoration or regalia of foreign State
with intent to deceive or mislead is punished
by RA 75 by a fine not exceeding P200 or
imprisonment not exceeding 6 months, or
both
Wearing insignia, badge or emblem of rank of
the members of the Armed Forces of the
Philippine or Constabulary is punished by RA
493 by a fine of not less than P100 and not
exceeding P2,000 or by imprisonment for not
less than one month or not exceeding two
years, or both, except if used in playhouse or
theater or in moving picture films

ELEMENTS:
1. That there be a Criminal proceeding;
2. Offender testifies falsely under oath
against the defendant therein;
3. Offender knows that it is false; and
4. The defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment.

FALSE TESTIMONY - committed by a person who,
being under oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say
something contrary to it

NOTES:
Violation of this article requires criminal intent.
Hence, it cannot be committed through
negligence.
The offender need not impute guilt upon the
accused to be liable.
The defendant must at least be sentenced to a
correctional penalty or a fine, or must have
been acquitted.
The witness who gave false testimony is liable
even if the court did not consider his
testimony.
Penalty depends upon sentence imposed
on the defendant except in the case of a
judgement of acquittal. Since Art. 180 does
not prescribe the penalty where the
defendant in a criminal case is sentenced to
a light penalty, false testimony in this
ARTICLE 180. FALSE TESTIMONY AGAINST A
DEFENDANT
ARTICLE 179. ILLEGAL USE OF UNIFORMS
OR INSIGNIA
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instance cannot be punished considering
that a penal must be strictly construed.

NOTES:
False testimony by negative statement is still in
favor of the defendant.
False testimony in favor of defendant need not
directly influence the decision of acquittal nor
benefit the defendant(intent to favor
defendant sufficient)
A statement of mere opinion is not
punishable.
Conviction or acquittal is not necessary (final
judgment is not necessary), but gravity of
crime in principal case should be shown
A defendant who voluntarily goes up on the
witness stand and falsely imputes to
another person the commission of the
offense is liable under this article. If he
merely denies the commission of the offense,
he is not liable.
Rectification made spontaneously after
realizing mistake is not false testimony (Not
liable if there is no evidence that accused
acted with malice or criminal intent to testify
falsely)
The penalty in this article is less than that
which is provided in the preceding article
because there is no danger to life or liberty of
the defendant.

ARTICLE 181. FALSE TESTIMONY IN CIVIL
CASES
ELEMENTS:
1. That the testimony must be given in a civil
case;
2. That the testimony must relate to the issues
presented in said case;
3. That the testimony must be false;
4. That the false testimony must be given by the
defendant knowing the same to be false;
and
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in the said case.

This article is not applicable when testimony is
given in a special proceeding. In this case, the
crime is perjury.
Basis of penalty: amount involved in the civil
case.

ELEMENTS:
1. That an accused made a statement under
oath or made an affidavit upon a material
matter;
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath;
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood; and
4. That the sworn statement or affidavit
containing the falsity is required by law.

Two (2) Ways Of Committing Perjury:
a. by falsely testifying under oath
b. by making a false statement

NOTES:
Subornation of perjury is committed if a
person procures another to swear falsely
and the witness suborned does testify under
circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one
inducing another as principal by inducement
and the one induced as principal by direct
participation.
Solemn affirmation refers to non-judicial
proceedings and affidavits.
A false affidavit to a criminal complaint may
give rise to perjury.
A matter is material when it is directed to
prove a fact in issue.
A competent person authorized to
administer an oath means a person who has
a right to inquire into the questions presented
to him upon matters under his jurisdiction.
There is no perjury through negligence or
imprudence since the assertion of falsehood
must be willful and deliberate.
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.
Perjury is an offense which covers false
oaths other than those taken in the course
of judicial proceedings.
ARTICLE 181. FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
ARTICLE 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
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False testimony before the justice of the
peace during a preliminary investigation may
give rise to the crime of perjury, not false
testimony in judicial proceedings. The latter
crime contemplates an actual trial where a
judgment of conviction or acquittal is
rendered.

ART. 184. OFFERING FALSE TESTIMONY IN
EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony;
2. That he knew the witness or the testimony
was false; and
3. That the offer was made in a judicial or
official proceeding.

NOTES:
This article applies when the offender, without
inducing another but knowing him to be a
false witness, presented him and the latter
testified falsely in a judicial or official
proceeding.
The felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false
witness is not punished by law as that is not
offering a false witness.
The false witness need not be convicted of
false testimony. A mere offer to present him
is sufficient.

Chapter Three FRAUDS

ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTIONS:
1. That there be a public auction;
2. That the accused solicited any gift or a
promise from any of the bidders;
3. That such gifts or promise was the
consideration for his refraining from
taking part in that public auction; and
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.

ELEMENTS OF ATTEMPTING TO CAUSE
BIDDERS TO STAY AWAY:
1. That there be a public auction;
2. That the accused attempted to cause the
bidders to stay away from that public
auction;
3. That it was done by threats, gifts,
promises, or any other artifice; and
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.

NOTES:
The crime is consummated by the mere act of
soliciting a gift or promise for the purpose of
abstaining from taking part in any public
auction.
The threat need not be effective nor the offer or
gift accepted for the crime to arise.
Execution sales should be opened to free and
full competition in order to secure the
maximum benefit for the debtors.

ACTS PUNISHED:
1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of merchandise

NOTES:
Combination to prevent free competition in the
market - By entering into a contract or
agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent
by artificial means free competition in the
market; It is enough that initial steps are taken. It
is not necessary that there be actual restraint
of trade.
ARTICLE 185. MACHINATIONS IN PUBLIC
AUCTIONS
ARTICLE 186. MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF TRADE
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Monopoly to restrain free competition in the
market - By monopolizing any merchandise or
object of trade or commerce, or by combining
with any person or persons to monopolize said
merchandise or object in order to alter the prices
thereof by spreading false rumors or making
use of any other artifice to restrain free
competition in the market

Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of the merchandise.

Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly
permitted or failed to prevent
commission of above offense
When offense is committed by a corporation or
association, the president and directors or
managers are liable.
Mere conspiracy or combination is punished
Crime is aggravated if the items involved are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
RA 3720 - created Food and Drug Administration
RA 6361 - created Price Control Council
RA 1180 - an Act to regulate the Retail Business
A MONOPOLY is a privilege or peculiar
advantage vested in one or more persons or
companies, consisting in the exclusive right or
power to carry on a particular business or trade,
manufacture a particular article, or control the
sale or the whole supply of a particular
commodity. It is a form of market structure in
which one or only a few firms dominate the total
sales of a product or service. On the other hand,
a COMBINATION IN RESTRAINT OF TRADE is
an agreement or understanding between two or
more persons, in the form of a contract, trust,
pool, holding company, or other form of
association, for the purpose of unduly restricting
competition, monopolizing trade and commerce
in a certain commodity, controlling its production,
distribution and price, or otherwise interfering
with freedom of trade without statutory authority.
Combination in restraint of trade refers to the
means while monopoly refers to the end.

ELEMENTS:
1. That the offender imports, sells or disposes
of any article or merchandise made of gold,
silver or other precious metals;
2. That the stamps, brands, or marks of those
articles or merchandise fails to indicate the
actual fineness or quality of said metals or
alloys; and
3. That the offender knows that the said stamp,
brand, or mark fails to indicate the actual
fineness or quality of the metals or alloys.

When evidence show the article to be imported,
selling the misbranded articles is not necessary.
The manufacturer who alters the quality or
fineness is liable for estafa under Art. 315, 2(b)

ACTS PUNISHABLE:
1. By (a) substituting the trade name (t/n) or
trademark (t/m) of some other manufacturer or
dealer or a colorable imitation thereof, for the
t/n or t/m of the real manufacturer or dealer
upon any article of commerce; and (b) selling
the same.
2. By selling or by offering for sale such article
of commerce, knowing that the t/n or t/m has
been fraudulently used.
3. By using or substituting the service mark of
some other person, or a colorable imitation of
such marks, in the sale or advertising of
services.
4. By printing, lithographing or reproducing
t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another
person to fraudulently use the same,
knowing the fraudulent purpose for which it is
to be used.

TRADE-NAME OR TRADE-MARK is a word or
words, name, title, symbol, emblem, sign or device,
or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for
ARTICLE 187. IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ARTICLE 188. SUBSTITUTING AND ALTERING
TRADEMARKS, TRADENAMES, OR SERVICE
MARKS
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the purpose of enabling the public to distinguish the
business of the person who owns and uses said
trade-name or trade-mark

SERVICE MARK is a mark used in the sale or
advertising of services to identify the services of one
person and distinguish them from the services of
others and includes without limitation the marks,
names, symbols, titles, designations, slogans,
character names, and distinctive features of radio or
other advertising

NOTES:
The provisions of Articles 188 and 189 of the
Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of
the Philippines) are repealed.
The tradename, trademark or service mark
need not be identical; a colorable imitation is
sufficient. There must not be differences which
are glaring and striking to the eye.
Mark means any visible sign capable of
distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container.
Tradename: identify or distinguish an
enterprise; not necessarily attached or affixed
to the goods of the owner.
Trademarks: to indicate origin of ownership of
goods to which it is affixed
In trademarks, it is not necessary that the
goods of the prior user and the later user of the
trademark are of the same categories. The
meat of the matter is the likelihood of
confusion, mistake or deception upon
purchasers of the goods of the junior user of
the mark and goods manufactured by the
previous user.
The tradename or trademark must be
registered. Trademark must not be merely
descriptive or generic.
The exclusive right to an originally valid
trademark or tradename is lost, if for any
reason it loses its distinctiveness or has
become publici juris.

* Superseded by RA 8293, the Intellectual
Property Code, Jan. 1, 1998.
ACTS PUNISHED:
1. Unfair competition by selling his goods,
giving them the general appearance of the
goods of another manufacturer or dealer.
2. Fraudulent designation of origin by (a)
affixing to his goods or using in connection
with his services a false designation of origin;
or any false description or representation,
and (b) selling such goods or services.
3. Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.

ELEMENTS OF UNFAIR COMPETITION:
1. That the offender gives his goods the general
appearance of the goods of another
manufacturer or dealer;
2. That the general appearance is shown in the
(a) goods themselves, (b) wrapping of their
packages, (c) device or words therein, or in
(d) any other feature of their appearance;
3. That the offender offers to sell or sells those
goods or gives other persons a chance or
opportunity to do the same with a like
purpose; and
4. That there is actual intent to deceive the
public or defraud a competitor.

UNFAIR COMPETITION: consists in employing
deception or any other means contrary to good faith
by which any person shall pass off the goods
manufactured by him or in which he deals, or his
business, or services for those of the one having
established goodwill, or committing any acts
calculated to produce such result

Unfair Competition Infringement of
trademark or trade
name
Broader, more inclusive Limited range
Identified in the mind of
the public whether or not
a mark or trade name is
employed
Identified a peculiar
symbol or mark with his
goods and thereby has
acquired a property right
in such symbol or mark
Gives his goods the
general appearance of
the goods of another
Sells goods on which
trademark is affixed

ARTICLE 189. UNFAIR COMPETITION,
FRAUDULENT REGISTRATION OF TRADE
NAME, TRADEMARK, OR SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
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TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS

Articles 190-194 of the Revised Penal Code are
repealed by Republic Act No. 6425 The Dangerous
Drugs Act of 1972 which took effect on March 30,
1972 (Sec. 42), as amended by PD No. 1683 and
further amended by RA No. 7659

THE DANGEROUS DRUGS ACT OF 2002
(R. A. NO. 9165, repealing R. A. NO. 6425 and
RPC provisions on crimes related to opium
and other prohibited drugs)

Policy
1. Campaign against Drugs and Protection of
State
2. Balance Medicinal Purpose
3. Rehabilitation

ACTS PUNISHABLE:
1. Importation of dangerous drugs (even for floral,
decorative and culinary purposes) and/or
controlled precursors and essential
chemicals

Qualifying circumstance:
a. If the importation was through the use of
a diplomatic passport, diplomatic facilities
or any other means involving the
offenders official status.
b. Organizes, manages or acts as a
financier
The protector or coddler is also liable.

2. Sale, administration, delivery, distribution and
transportation of dangerous drugs

a. Within 100 meters from a school;
b. If minors/mentally incapacitated
individuals are used as runners,
couriers and messengers of drug
pushers;
c. If the victim of the offense is a minor, or
should a prohibited/regulated drug
involved in any offense under this section
be the proximate cause of the death of
a victim thereof
d. Organizes, manages or acts as financier

3. Maintenance of a den, dive, or resort where
any controlled precursor and essential chemical
is sold or used

1. where a prohibited/regulated drug is
administered, delivered, or sold to a minor
who is allowed to use the same in such
place; or
2. should a prohibited drug be the proximate
cause of the death of the person using the
same in such den, dive or resort.
3. Organizes, manages or acts as financier

The protector or coddler is also liable.
If place owned by third person, the same
shall be confiscated and escheated in favor
of government IF
1. Complaint specifically allege that
such place used intentionally for
furtherance of crime
2. Prosecution proves intent on part of
owner
3. Owner included as accused in
criminal complaint

OPIUM DIVE OR RESORT: place where
dangerous drug and/or controlled precursor and
essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or
used in any form (To be habitual prior
conviction, reputation of place)

4. Being employees or visitors of drug den who
are aware of the nature of such place
For the employee who is aware of nature of
place and any person who knowingly visits
such place
A person who visited another who was
smoking opium shall not be liable if the place
is not an opium dive or resort

5. Manufacture of dangerous drugs and/or
controlled precursors and essential chemicals

Aggravating circumstance: Clandestine lab is
undertaken under the following circumstances:
1. Any phase conducted in presence or with
help of minors
2. Established/undertaken within 100m of
residential, business, church or school
premises
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3. Lab secured/protected by booby traps
4. Concealed with legitimate business
operations
5. Employment of practitioner, chemical
engineer, public official or foreigner
Qualifying circumstance: Organizes, manages
or acts as financier

Prima facie proof of manufacture: presence of
controlled precursor and essential chemical or
lab equipment in the clandestine lab

CLANDESTINE LABORATORY: Any facility
used for illegal manufacture of any dangerous
drug and or controlled precursor and essential
chemicals

6. Illegal chemical diversion of controlled
precursor and essential chemicals

CHEMICAL DIVERSION: sale, distribution,
transport of legitimately imported, in-transit,
manufactured or procured controlled precursors
or essential chemicals to any person or entity
engaged in manufacture of dangerous drug and
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front companies
or mail fraud

7. Manufacture or delivery of equipment,
instrument, apparatus, and other
paraphernalia for dangerous drugs and/or
controlled precursor and essential chemicals

Acts Punishable:
1. deliver
2. possess with intent to deliver
3. manufacture with intent to deliver the
paraphernalia, knowing, or under
circumstances where one reasonably
should know

Qualifying circumstance - use of a minor or a
mentally incapacitated individual to deliver
such equipment, instrument, apparatus or other
paraphernalia

8. Possession of dangerous drugs, regardless of
the degree of purity
Penalties are graduated to the amount of
drugs (the only violation where quantity
matters)
The kinds of drugs have different
respective amounts for the graduation of
penalties
Qualifying circumstance: Party, social
gathering, or in the proximate company
of at least 2 persons, regardless of
quantity
Possession: unauthorized, either actual
or constructive, irrespective of quantity,
with intent to possess(full knowledge
that what was possessed was any of
prohibited or regulated drug)

Elements of possession of opium: (RA 6425)
1. occupancy or taking
2. intent to possess

What is punished is present possession,
not past possession
It is not necessary to allege in information
that accused is not authorized to possess
opium

9. Possession of equipment, instrument,
apparatus and other paraphernalia fit for
introducing dangerous drugs into the body

Possession of such equipment = Prima facie
evidence that possessor has used a
dangerous drug and shall be presumed to
have violated Sec. 15, use of dangerous
drug.
The possession of PARAPHERNALIA is
absorbed by USE of dangerous drug.
Qualifying circumstance: Party, social
gathering, or in the proximate company of
at least 2 persons.

10. Use of dangerous drugs

Must be found positive after a confirmatory
test
1
st
conviction minimum of 6 mos. of
rehabilitation
2
nd
conviction imprisonment and fine
Where the accused is also found to be in
possession of dangerous drugs, this
Section shall not apply. Sec. 11, possession
of dangerous drugs, shall apply. Hence, USE
is subsumed by POSSESSION.
Ex. If the offender is caught with possession
of paraphernalia, possession of dangerous
drugs and use of dangerous drugs, the
offense is POSSESSION OF DANGEROUS
DRUGS.

11. Cultivation or culture of plants which are
dangerous drugs or are sources thereof
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The land/portions thereof and/or
greenhouses in which any of the said
plants is cultivated or cultured shall be
confiscated and escheated to the State,
unless the owner thereof prove that he
did not know of such cultivation or
culture despite the exercise of due
diligence on his part.

Qualifying circumstance:
1) The land is part of the public domain
2) Organizes, manages or acts as financier

12. Failure to keep of original records of
transactions of dangerous drugs

Persons liable: practitioner, manufacturer,
wholesaler, importer, distributor, dealer, or
retailer
The additional penalty of revocation of his
license to practice his profession in case of a
practitioner, or of his or its business license
in case of manufacturer, seller, importer,
distributor or dealer, shall be imposed.

13. Unnecessary prescription of dangerous drugs

Person Liable: Practitioner who shall
prescribe any dangerous drug for any person
whose physical/physiological condition does
not require the use of thereof or in the
dosage therein.

14. Unlawful prescription of dangerous drugs

Also Punishable -

ATTEMPT AND CONSPIRACY TO COMMIT THE
FOLLOWING OFFENSES:
a. Importation of dangerous drugs and/or
controlled precursor and essential chemical,
b. Sale, trading, administration, dispensation,
delivery, distribution and transportation of
dangerous drugs and/or controlled precursor
and essential chemical,
c. Maintenance of a den, dive or resort for
dangerous drugs,
d. Manufacture of dangerous drugs and/or
Scontrolled precursor and essential
chemical, and
e. Cultivation or culture of plants which are
sources of dangerous drugs.

The penalty for such attempt and conspiracy is
the same penalty prescribed for the
commission. Thus, where the offense of sale
was not consummated, the accused should not
be prosecuted under mere possession, but under
Sec. 26. (Justice Peralta)

OTHER PERSONS LIABLE:
1. Public officer or employee who
misappropriates, misapplies or fails to
account for confiscated, seized, or
surrendered dangerous drugs, plant sources of
dangerous drugs, etc.
2. Any elective local or national official who
have benefited from the proceeds of
trafficking of dangerous drugs or have
received any financial/material contributions or
donations from natural or juridical persons
guilty of drug trafficking.
3. If the violation of the Act is committed by a
partnership, corporation, association or any
judicial person, the partner, president, director,
or manager who consents to or knowingly
tolerates such violation shall be held criminally
liable as co-principal.
4. Partner, president, director, manager, officer or
stockholder, who knowingly authorizes,
tolerates, or consents to the use of a vehicle,
vessel, or aircraft as an instrument in the
importation, sale, delivery, distribution or
transportation of dangerous drugs, or to the
use of their equipment, machines or other
instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is
owned or under the control and supervision of
the partnership, corporation, association or
judicial entity to which they are affiliated.
5. Any person who is found guilty of planting
any dangerous drugs and/or controlled
precursor and essential chemicals, regardless
of quantity or purity (penalty of death).
6. Any person violating a regulation issued by the
Dangerous Drugs Board
7. Any person authorized to conduct drug test
who issues false or fraudulent drug test results
knowingly, willfully or through gross
negligence.
8. Any government officer tasked with the
prosecution of drug-related cases under this
Act who delays or bungles the prosecution.

For the purpose of enforcing the provisions of this
Act, all school heads, supervisors and teachers
shall be deemed to be persons in authority
and, as such, are vested with the power to
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apprehend, arrest, or cause the apprehension
or arrest of any person who shall violate any of
the said provision. They shall be considered as
persons in authority if they are in the school or
within its immediate vicinity, or beyond such
immediate vicinity if they are in attendance in
any school or class function in their official
capacity as school heads, supervisors or
teachers.
Any teacher or school employee who discovers
or finds that any person in the school or within
its immediate vicinity is violating this Act shall
have the duty to report the violation to the
school head or supervisor who shall, in turn,
report the matter to the proper authorities.
Failure to report in either case shall, after
hearing, constitute sufficient cause for
disciplinary action by the school authorities.
(Sec. 44)

RULES FOR EXEMPTION FROM CRIMINAL
LIABILITY OF DRUG DEPENDENTS THROUGH
VOLUNTARY SUBMISSION:

A. Drug dependent who is finally discharged from
confinement shall be exempt subject to the ff.
conditions:
1) Complied with the rules of the Center
2) Never been charged or convicted of any
offense under this Act, the
Dangerous Drugs Act of 1972, the RPC,
or any special penal laws.
3) No record of escape from the Center;
provided if he escaped, he surrendered
by himself or through his parent, spouse,
guardian or relative w/in the 4
th
w/in
1 week.
4) Poses no serious danger to himself,
family or community.

B. Voluntary submission of a drug dependent to
confinement, treatment and rehabilitation by the
drug dependent himself or through his parent,
guardian or relative within the 4
th
in a center and
compliance with such conditions therefor as the
Dangerous Drugs Board may prescribe shall
exempt him from criminal liability for
possession or use of the dangerous drug.

C. Should the drug dependent escape from the
center, he may submit himself for confinement
within 1 week from the date of his escape, of his
parent guardian or relative may, within the same
period surrender him for confinement.

D. Upon application of the Board, the Court shall
issue an order for recommitment if the drug
dependent does not resubmit himself for
confinement or if he is not surrendered for
recommitment.
E. If, subsequent to such recommitment, he
should escape again, he shall no longer be
exempt from criminal liability for the use or
possession of any dangerous drug.

F. If a person charged with an offense with an
imposable penalty of less than 6 years and 1
day, and the Court or prosecutor, at any stage of
the proceedings, finds that the person charged
with an offense is a drug dependent, the fiscal
or court as the case may be, shall suspend all
further proceedings and transmit records of the
case to the Board. If the Board determines that
public interest requires that such person be
committed, it shall file a petition for
commitment. After commitment and discharge,
the prosecution shall continue. In case of
conviction, the judgment shall, if certified by the
center for good behavior, indicate that he shall
be given full credit for the period of
confinement; provided when the offense is use
of dangerous drugs, and the accused is not a
recidivist, the penalty shall have deemed to
have been served in the center upon release.

G. The period of prescription of the offense charged
shall not run during the time that the
respondent/accused is under detention or
confinement in a center.

H. A drug dependent who is discharged as
rehabilitated, but does not qualify for
exemption, may be charged under this Act, but
shall be placed on probation and undergo
community service in lieu of imprisonment
and/or fine in the courts discretion.

I. A drug dependent who is not rehabilitated after
the second commitment to the Center under the
voluntary submission program shall, upon
recommendation of the Board, be charged for
violation of Sec. 15, (use of dangerous drug) and
be prosecuted like any other offender. If
convicted, he shall be credited for the period of
confinement in the Center.

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RULES ON SUSPENSION OF SENTENCE FOR
FIRST OFFENSE OF A MINOR:

A. Supervision and rehabilitative surveillance of
the Board and under such conditions that the
court may impose for a period of 6-18 mos.

Requisites for suspension:
1. Accused is a minor over 15 years at the
time of the commission of the offense but
not more than 18 years of age when the
judgment should have been promulgated.
2. He has not been previously convicted of
violating this Act, Dangerous Drugs Act of
1972, RPC or any special penal laws.
3. He has not been previously committed to
a Center or to the care of a DOH-accedited
physician.
4. The Dangerous Drugs Board favorably
recommends that his/her sentence be
suspended.

Where the minor is under 15 years at the
time of the commission, Art. 192 of Child
and Youth Welfare Code shall apply
(suspension of sentence and commitment)

B. The privilege of suspended sentence may be
availed of only once.

C. If the minor violates any of the conditions of his
suspended sentence, rules of the Board, or rules
of the center, the court shall pronounce
judgment of conviction and he shall serve
sentence as any other convicted person.

D. Upon promulgation of sentence, the court may,
in its discretion, place the accused under
probation, or impose community service in
lieu of imprisonment.
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PROCEDURE for CUSTODY and DISPOSITION
TIME TASK PRESENT
1 Immediately after
seizure
Inventory and photograph Accused or the person/s from whom
confiscated, or representative, media,
DOJ and any elected public official
who shall sign the copies of the
inventory and be given a copy.
2 24 hours upon
confiscation
Submit to PDEA Forensic Lab for
examination

3 24 hours after receipt Issue certification of exam results under
oath; provided, if the volume is too large,
provisionally issue partial report, stating
quantities still to be examined; provided
further, issue final certification within next 24
hours.

4 72 hours after filing of
criminal case
Court ocular inspection.
5 24 hours from ocular
inspection
Destruction (through PDEA); provided,
retain representative sample.
Board to issue sworn certification of
destruction. Submit certification and
representative sample to the court.
Accused or the person/s from whom
confiscated, or representative, media,
DOJ, civil society groups and any
elected public official

6 After promulgation and
judgment
Trial prosecutor to inform the Board of final
termination of case. Request the court for
leave to turn over representative samples to
PDEA.

7 24 hours from receipt Destruction
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in
writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorneys office to
represent the former.
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RULES FOR LAB EXAMINATION OF
APPREHENDED/ARRESTED OFFENDERS :
1. If reasonable ground to believe that offender is
under the influence of dangerous drugs, conduct
examination w/in 24 hours.
2. Positive results shall be challenged w/in 15 days
after receipt of the result through a confirmatory
test.
3. Confirmed test shall be prima facie evidence
that offender has used dangerous drugs.
4. Positive test must be confirmed for it to be
valid in a court of law.

OTHER RULES:
1. In buy-bust operations, there is no law or rule
requiring policemen to adopt a uniform way
of identifying buy money.
2. Absence of ultraviolet powder on the buy
money is not fatal for the prosecution.
3. If offender is an alien, an additional penalty of
deportation without further proceedings shall
be imposed immediately after service of
sentence.
4. A person charged under the Dangerous
Drugs Act shall not be allowed to avail of
plea-bargaining.
5. A positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime
by the offender.
6. If public official/employee is the offender,
the maximum penalty shall be imposed.
7. Any person convicted of drug trafficking or
pushing cannot avail of the Probation Law.
8. Immunity from prosecution and punishment
shall be granted to an informant, provided the
ff. conditions concur:
1) necessary for conviction
2) not yet in the possession of the State
3) can be corroborated on material
points
4) has not been previously convicted of
a crime of moral turpitude, except
when there is no other direct
evidence
5) comply with conditions imposed by
the State
6) does not appear to be the most guilty
7) no other direct evidence available

10. Mandatory drug testing includes:
1) All persons charged with a criminal
offense having an imposable penalty
of not less than 6 years and 1 day.
2) All candidates for public office, whether
appointed or elected.

11. Limited applicability of the RPC The RPC
shall not apply to this Act, except in the case of
minor offenders. Where the offender is a minor,
the penalty for acts punishable by life
imprisonment to death shall be reclusion
perpetua to death.

Hence, since RPC nomenclature of penalties is
used, the minor is then entitled to mitigating
circumstances under the RPC (Martin Simon
case). Thus, the minor does not receive the
death penalty. (Justice Peralta)

People v. Adam GR 143842, 10/13/03
Appellant is guilty of the crime of attempted sale
of shabu. As gleaned from the testimony of the
poseur-buyer, the appellant merely showed the bag
containing the shabu and held on to it before it was
confiscated. There is no evidence that the poseur-
buyer talked about and agreed with the appellant on
the purchase price of the shabu. There is no
evidence that the appellant handed over the shabu to
the poseur buyer.

People v. Yang, GR 148077, 2/16/04
The consummation of the crime charged herein
may be sufficiently established even in the absence
of an exchange of money. The offer to sell and then
the sale itself arose when the poseur-buyer showed
the money to appellant, which prompted the latter to
show the contents of the carton, and hand it over to
the poseur-buyer. Mere showing of the said regulated
drug does not negate the existence of an offer to sell
or an actual sale. The absence of actual or
completed payment is irrelevant, for the law itself
penalizes the very act of delivery of a dangerous
drug, regardless of any consideration. Payment of
consideration is likewise immaterial in the distribution
of illicit drugs.

People v. Chua, GR 149878, 7/1/03
In a prosecution for illegal possession of a
dangerous drug, mere possession of a regulated
drug without legal authority is punishable under the
Dangerous Drugs Act. Lack of criminal intent or good
faith does not exempt appellants from criminal
liability.

People v. Cadley, GR 150735, 3/15/04
A prior surveillance is not a prerequisite for the
validity of an entrapment or buy- bust operation, the
conduct of which has no rigid or textbook method.

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People v. Del Norte, GR 149462, 3/31/04
In a prosecution for illegal possession of
dangerous drugs, the following facts must be proven
with moral certainty: (1) that the accused is in
possession of the object identified as a prohibited or
regulated drug; (2) that such possession is not
authorized by law; and (3) that the accused freely
and consciously possessed the said drug. In this
case, proof of the accuseds ownership of the house
where the prohibited drugs were discovered is
necessary.

TITLE SIX
CRIMES AGAINST PUBLIC MORALS

P.D. 1602. PRESCRIBING STIFFER
PENALTIES IN ILLEGAL GAMBLING

(Repealed Art. 195-199 RPC, PD 483 betting law,
and PD 449 cockfighting law)

PENALTY ACTS PUNISHED
Prision correccional,
medium or fine
ranging from P1,000
to P6,000
In case of recidivism:
Prision mayor,
medium or fine
ranging from P5,000
to P10,000

1. Any person who shall
directly or indirectly
take part in any illegal
or unauthorized
activities or games of:
(1) Cockfighting, jueteng,
jai-alai or horse racing
to include bookie
operations and game
fixing, numbers, bingo
and other forms of
lotteries
(2) Cara y cruz, pompiang
and the like
(3) 7-11 and any game
using dice
(4) Black jack, lucky nine,
poker and its
derivatives, monte,
baccarat, cuajo,
pangguigue and other
card games
(5) Pak que, high and low,
mahjong, domino and
other games using
plastic tiles and the
like
(6) Slot machines,
roulette, pinball and
other mechanical
contraptions and
devices
(7) Dog racing, boat
racing, car racing and
other forms of races
(8) Basketball, boxing,
volleyball, bowling,
pingpong and other
forms of individual or
team contests to
include game fixing,
point shaving and
other machinations
(9) Banking or percentage
game, or any other
game or scheme,
whether upon chance
or skill, wherein
wagers consisting of
money, articles of
value or representative
of value are at stake or
made
2. Any person who
KNOWINGLY permits
any form of gambling
in an inhabited or
uninhabited place or in
any building, vessel or
other means of
transportation owned
or controlled by him
Prision correccional
maximum, fine of
P6,000
1. Gambling in place with
reputation of gambling,
frequent gambling
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place, government
building or barangay
hall
2. Maintainer or
conductor of above
gambling schemes
Prison mayor,
medium, with
temporary absolute
disqualification or fine
of P6,000
Government official
maintainer, conductor,
banker of gambling
schemes; player,
promoter, referee, umpire,
judge or coach in case of
game fixing, point shaving
and machination
medium or fine P400
to P2,000
Any person who knowingly
and without lawful purpose
possess lottery list, paper
or other matter containing
letters, figures, signs or
symbols pertaining to or in
any manner used in the
games of jueteng, jai-alai
or horse racing bookies,
and similar games of
lotteries and numbers
which have taken place or
about to take place
Temporary absolute
disqualification
Barangay official who with
knowledge of gambling
house/place in his
jurisdiction fails to abate or
take action
maximum or fine
P500 to P2000
Security officer,
watchman, private or
house detective of hotels,
villages, buildings,
enclosures and the like
which have reputation of
gambling place or where
gambling activities are
being held

NOTES:
Playing for money is not a necessary
element. The laws purpose is to prohibit
absolutely those games.
Any other games if with wager of money,
articles, or value are at stake or made
Individual/team contests: game-fixing, point-
shaving, other machinations
Spectators are not liable: must directly or
indirectly take part; The law does not make it
an offense to be present in a gambling
house.
A game or scheme is punishable even if
winning depends upon skill as long as
wagers (consisting of money, articles of
value or representative of value) are at stake
or made.

Lottery:
Requisites:
1. Consideration
2. Chance
3. Prize/advantage/inequality in amount or
value which is in the nature of prize

NOTES:
Distribution of prizes by chance
No lottery where there is full value of
money(criminal case-Olsen), but if
inducement to win prize is reason for
purchase/subscription/others then even if full
value for money is receivedstill
lottery(Administrative Code, postal law-El
Debate)
Proof that game took place or is about to
take place is not necessary; burden of
evidence is shifted to accused to show that
his possession is lawful or is not connected
with jueteng game; but proof to the contrary
is necessary when jueteng lists pertain to
games played on other dates
MAINTAINER person who sets up and furnishes
means to carry on gambling or scheme
CONDUCTOR person who manages or carries on
gambling game or scheme

P.D. No. 483: BETTING, GAME-FIXING OR
POINT-SHAVING AND MACHINATIONS IN
SPORT CONTESTS

NOTES:
BETTING - betting money or any object or
article of value or representative of value
upon the result of any game, races and other
sports contests
ART. 196: IMPORTATION, SALE AND
POSSESSION OF LOTTERY TICKETS OR
ADVERTISEMENTS
(ALREADY REPEALED)
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GAME-FIXING any arrangement,
combination, scheme or agreement by which
the result of any game, races or sports
contests shall be predicted and/or knows
other than on the basis of the honest playing
skill or ability of the players or participants
POINT-SHAVING any such arrangement,
combination, scheme or agreement by which
the skill of ability of any player or participant
in a game, races or sports contests to make
points or scores shall be limited deliberately
in order to influence the result thereof in favor
of one or the other team, player or participant
therein
GAME MACHINATION any other
fraudulent, deceitful, unfair or dishonest
means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sports contests
Clearance for arrest, detention or prosecution
No person who voluntarily discloses or
denounces to the President of the Philippine
Amateur Athletic Federation or to the
National Sports Association concerned
and/or to any law enforcement/police
authority any of the acts penalized by this
Decree shall be arrested, detained and or
prosecuted except upon prior written
clearance from the President of the
Philippines and/or the Secretary of National
Defense

ART. 198: ILLEGAL BETTING ON HORSE RACES
(ALREADY REPEALED)

Holding of Cockfights Cockfighting shall be
allowed only in licensed cockpits:
1. Sundays
2. Legal Holidays, except: December 30, June
12, November 30, Holy Thursday, Good
Friday, Election or Referendum Day and
during Registration Days for such election or
referendum
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture,
commercial or industrial fair, carnival or
exposition for a similar period of three days
upon resolution, subject to approval of Chief
of Constabulary or his authorized
representativenot allowed within month of
local fiesta of for more than two occasions a
year in same city or municipality

Cockfighting for Entertainment of Tourists or for
Charitable Purposes: Chief of Constabulary or his
authorized representative may also allow the holding
of cockfighting for:
1. Entertainment of foreign dignitaries
2. Tourists
3. Balikbayan
4. For support of national fund-raising
campaigns for charitable purposes as may
be authorized by the Office of the President,
upon resolution of a provincial board, city or
municipal council

- In licensed cockpits or in playgrounds or
parks
- Extended for only one time, for a period not
exceeding 3 days, within a year to a province,
city or municipality

NOTES:
Permitting gambling of any kind in cockpit is
punished under the same Decree (Owner,
manger or lessee of cockpit that permits
gambling shall be criminally liable)
Spectators in cockfight are not liable unless
he participates as bettor

NOTES:
Gambling in all its forms, unless allowed by
law, is generally prohibited. The prohibition
does not mean that the Government cannot
regulate it in the exercise of police power.
There are particular days where Cockfighting
and Horse Racing are allowed. Betting in
Horse Races is allowed during periods
provided by law but betting in cockfights is
prohibited at all times.
Sports Contests: Betting, Game-fixing, Point-
Shaving, Game Machinations prohibited

Chapter Three - OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS

COCKFIGHTING LAW OF 1974

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Elements:
1. That the offender performs an act;
2. That such act/s be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the
RPC; and
4. That the act/s complained of be committed in
a public place or within the public knowledge
or view.

Grave scandal consists of acts which are
offensive to decency and good customs. They
are committed publicly and thus, give rise to
public scandal to persons who have accidentally
witnessed the acts. The public view is not
required. It is sufficient if committed in public
place. For being committed within the public
knowledge, it may occur even in a private place;
the number of people who sees it is not material.
Decency means properly observing the
requirements of modesty, good taste
Customs refer to established usage, social
conventions carried on by tradition and enforced
by social disapproval in case of violation.
The essence of grave scandal is publicity and
that the acts committed are not only contrary to
morals and good customs but must likewise be of
such character as to cause public scandal to
those witnessing it
.

Persons liable:
1. Those who publicly expound or proclaim
doctrines that are contrary to public morals.
2. Authors of obscene literature, published with
their knowledge in any form.
3. Editors publishing such obscene literature.
4. Owners or operators of establishments
selling obscene literature.
5. Those who exhibit indecent or immoral plays,
scenes, acts or shows in theaters, fairs,
cinemas or any other place.
6. Those who sell, distribute, or exhibit prints,
engraving, sculptures or literature which are
offensive to morals.

Considered as obscene literature or immoral or
indecent plays, scenes or acts:
1. those w/c glorify criminals or condone
crimes;
2. those w/c serve no other purpose but to
satisfy the market for violence, lust or
pornography;
3. those w/c offend against any race or religion;
4. those w/c tend to abet the traffic and the use
of prohibited drugs; and
5. those that are contrary to law, public order,
morals, good customs, established policies,
lawful orders, decrees and edicts.

NOTES:
Morals imply conformity to generally
accepted standards of goodness or rightness
in conduct or character.
The test of obscenity is whether the matter
has a tendency to deprave or corrupt the
minds of those who are open to immoral
influences. A matter can also be considered
obscene if it shocks the ordinary and
common sense of men as indecency.
Mere nudity in paintings and pictures is not
obscene.
Pictures w/ a slight degree of obscenity
having no artistic value and being intended
for commercial purposes fall within this
article.
Publicity is an essential element.

Who are considered VAGRANTS:
1. Those who have no apparent means of
subsistence and who have the physical
ability to work yet neglect to apply
themselves to some useful calling;
2. Persons found loitering around public and
semi-public places without visible means of
support;
3. Persons tramping or wandering around the
country or the streets with no visible means
of support;
4. Idle or dissolute persons lodging in houses of
ill-fame;
5. Ruffians or pimps and those who habitually
associate with prostitutes (may include even
the rich); and
6. Persons found loitering in inhabited or
uninhabited places belonging to others,
without any lawful or justifiable reason,
ART. 201: IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
ART. 200: GRAVE SCANDAL
ART. 202: VAGRANTS AND PROSTITUTES
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provided the act does not fall within any other
article of the RPC.

PROSTITUTES - women who habitually(not just 1
man) indulge in sexual intercourse or lascivious
conduct for money or profit (If a man indulges in the
same conduct, the crime committed is vagrancy.)
DISSOLUTE lax, unrestrained, immoral (includes
maintainer of house of prostitution)
RUFFIANS brutal, violent, lawless

If fenced and with
prohibition of entry
Trespass To
Dwelling
If fenced and entered to
hunt/fish
Attempted theft
If not fenced and with no
prohibition of entry
Vagrancy

P.D. 1653 - MENDICANCY

Persons liable:
1. Mendicant Those with no visible and legal
means of support, or lawful employment and
physically able to work but neglects to apply
himself to lawful calling and instead uses begging
as means of living (higher penalty if convicted 2
or more times)
2. Any person who abets mendicancy by giving
alms on public roads, sidewalks, parks and
bridges except if given through organized
agencies operating under rules and regulations of
Ministry of Public Information

NOTE: Giving alms through organized agencies
operating under the rules and regulations of the
Ministry of Public Information is not a violation of the
Mendicancy Law.

Under R.A. 9344 persons below eighteen (18)
years of age shall be exempt from prosecution
for the crime of vagrancy and prostitution under
Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No.
1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being
inconsistent with the United Nations Convention
of the Rights of the Child:

TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One - PRELIMINARY PROVISIONS

Requisites:
To be a public officer, one must be -
1. Taking part in the performance of public
functions in the Government, or performing
public duties as an employee, agent or
subordinate official, of any rank or class, in
the government or any of its branches; and
2. That his authority to take part in the
performance of public functions or to perform
public duties must be -
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent
authority.

NOTES:
Public officers include every public servant
from the lowest to the highest rank provided
that they exercise public functions.
A government laborer is not a public officer.
However, temporary performance by a
laborer of public functions makes him a
public officer.

Malfeasance Doing of an act which a public officer
should not have done
Misfeasance Improper doing of an act which a
person might lawfully do
Nonfeasance Failure of an agent to perform his
undertaking for the principal

Misfeasance:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of
justice

Nonfeasance:
1. dereliction of duty in prosecution of offenses
ART. 203: WHO ARE PUBLIC OFFICERS
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2. betrayal of trust by an attorney or solicitor
revelation of secrets

Malfeasance:
1. Direct bribery
2. Indirect bribery

Chapter Two - MALFEASANCE AND
MISFEASANCE IN OFFICE

Elements:
1. That the offender is a judge;
2. That he renders a judgment in the case
submitted to him for decision;
3. That the judgment is unjust; and
4. That the judge knows that the decision is
unjust.

NOTES:
A judgment is a final consideration and
determination by a court of competent
jurisdiction of the issues submitted to it in an
action or proceeding.
An unjust judgment is one which is contrary
to law, or not supported by the evidence, or
both.

An unjust judgment may result from:
1. error (w/ bad faith)
2. ill-will or revenge
3. bribery

There must be evidence that the decision
rendered is unjust. It is not presumed.
Knowingly deliberately or maliciously,
conscious and deliberate intent to do an
injustice; (no liability if error in good faith)
Abuse of discretion or mere error of judgment
cannot likewise serve as basis for rendering
an unjust judgment in the absence of proof or
an allegation of bad faith (motive or improper
consideration).

Elements:
2. That he renders judgment in a case
submitted to him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or
ignorance.

MANIFESTLY UNJUST JUDGMENT manifestly
contrary to law that even a person having meager
knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment

Elements:
1. That the offender is a judge; and
2. That he performs any of the following acts:
a. knowingly renders an unjust
interlocutory order or decree, or
b. renders a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance.

INTERLOCUTORY ORDER - one issued by the court
deciding a collateral or incidental matter; it is not a
final determination of the issues of the action or
proceeding

Elements:
2. That there is a proceeding in his court;
3. That he delays the administration of justice;
and
4. That the delay is malicious, that is, the delay
is caused by the judge with deliberate intent
to inflict damage on either party in the case.

NOTE: Mere delay without malice is not punishable.

Acts punishable:
1. By maliciously refraining from instituting
prosecution against violators of the law
2. By maliciously tolerating the commission of
offenses
ART. 204: KNOWINGLY RENDERING AN
UNJUST JUDGMENT
ART. 205: JUDGMENT RENDERED THROUGH
NEGLIGENCE
ART. 206: UNJUST INTERLOCUTORY
ORDER
ART. 207: MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ART. 208: PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
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Dereliction of duty in the prosecution of offenses:

Elements:
1. That the offender is a public officer or officer
of the law who has a duty to cause the
prosecution of, or to prosecute offenses;
2. That there is dereliction of the duties of his
office, that is, knowing the commission of the
crime, he does not cause
(a) the prosecution of the criminal
(People vs. Rosales, G.R. no.
42648) or
(b) knowing that a crime is about to be
committed he tolerates its
commission; (If gift/promise is a
consideration for his conduct, crime
is direct bribery.) and
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law.

NOTES:
Prevaricacion means the negligence and
tolerance in the prosecution of an offense.
There must be a duty on the part of the
public officer to prosecute or move for the
prosecution of the offender. However, a fiscal
is under no compulsion to file an information
based upon a complaint if he is convinced
that the evidence before him is insufficient to
warrant filing an action in court.
The crime must be proved first before an
officer can be convicted of dereliction of duty.
Maliciously signifies deliberate evil intent; a
dereliction of duty caused by poor judgment
or honest mistake is not punishable.
A public officer who harbors, conceals, or
assists in the escape of an offender, when it
is his duty to prosecute him, is liable as
principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an
accessory.
This article not applicable to revenue officers.

Acts punishable:
1. Causing damage to client either
a. by any malicious breach of
professional duty, or
b. by inexcusable negligence or
ignorance.
2. Revealing any of the secrets of his client
learned by him in his professional capacity.
Here, damage is not necessary.
3. Undertaking the defense of the opposing
party in the same case, without the consent
of his 1
st
client, after having undertaken the
defense of a client or having received
confidential information from said client.

Elements:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise
or receives a gift or present by himself or
through another;
3. That such offer or promise be accepted or
gift/present received by the public officer
(Mere agreement consummates the crime
and delivery of consideration is not
necessary) -
a. with a view to committing some crime;
b. in consideration of an execution of an act
which does not constitute a crime, but
the act must be unjust; (contemplates an
accepted gift, and an overt act)
c. to refrain from doing something which is
his official duty to do; (should not be a
crime)
4. That the act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties.
(need not be a statutory duty)

NOTES:
For purposes of this article, temporary
performance of public functions is sufficient
to constitute a person a public officer. A
private person may commit this crime only in
the case in which custody of prisoners is
entrusted to him.
Applicable also to assessors, arbitrators,
appraisal and claim commissioners, experts
or any other person performing public duties.
This felony cannot be frustrated. It may only
be attempted or consummated.

Bribery exists when the gift is:
1. voluntarily offered by a private person
ART. 210: DIRECT BRIBERY
ART. 209: BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR REVELATION OF
SECRETS
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2. solicited by the public officer and voluntarily
delivered by the private person
3. solicited by the public officer but the private
person delivers it out of fear of the
consequences should the public officer
perform his functions (Here, the crime by the
giver is not corruption of public officials due
to his involuntariness.)

Actual receipt of the gift is not necessary. An
accepted offer or promise of a gift is sufficient.
However, if the offer is not accepted, only the
person offering the gift is liable for attempted
corruption of a public officer.
The gift must have a value or be capable of
pecuniary estimation. It could be in the form of
money, property or services.
If the act required of the public officer amounts to
a crime and he commits it, he shall be liable for
the penalty corresponding to the crime.
The crime of bribery cannot be complexed with or
absorbed by other crimes as the penalty for
bribery is in addition to the penalties for those
other crimes.
The third type of bribery and prevaricacion (art
208) are similar offenses, both consisting of
omissions to do an act required to be performed.
In direct bribery however, a gift or promise is
given in consideration of the omission. This
element is not necessary in prevaricacion.

BRIBERY (210) ROBBERY (294)
When the victim has
committed a crime and
gives money/gift to avoid
arrest or prosecution.
When the victim did
not commit a crime
and he is intimidated
with arrest and/or
prosecution to deprive
him of his personal
property.
Victim parts with his money
or property voluntarily.
Victim is deprived of
his money or property
by force or
intimidation.

Persons Liable:

1. Any public officer who shall perform any of the
following acts:
a. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.

NOTE: Persuasion need not be successful. The
gravamen of the offense is the persuasion.

a. Directly or indirectly requesting or receiving
any gift, present, share, percentage, or
benefit for himself or for any other person in
connection with any contract or transaction
between the government and any other
party wherein the public officer in his official
capacity has to intervene under the law.
b. Directly, or indirectly requesting or receiving
any gift, present, or other pecuniary or
material benefit, for himself or for another,
from any person for whom the public officer,
in any manner or capacity, has secured or
obtained, or will secure or obtain, any
Government permit or license, in
consideration for the help given or to be
given.

NOTE: If the act does not fall under b and c,
then Art. 210, direct bribery, may apply.
(Justice Peralta)

d. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.

NOTE: The act is mala prohibita. Hence,
the public official need not have even
recommended the employment. (Justice
Peralta)

e. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage, or preference in the discharge of
his official, administrative or judicial function
through manifest partiality, evident bad faith
or gross inexcusable negligence. This

ANTI-GRAFT AND CORRUPT PRACTICES ACT
R.A. NO. 3019
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provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
licenses or permits or other concessions.

NOTES:
The best defense is that the partiality was
not manifest. That the partiality is manifest
is a heavy burden on the prosecution.
(Justice Peralta).
Another defense is the Arias doctrine. The
defense applies in a case where the accused
is an approving officer and is on trial for
signing an unjust contract.
The defense is that the approving officer
relied on the prior signatures of his
subordinates and had no reason to suspect
wrong-doing and was swamped with a lot of
documents on that day that he signed.
There is no attempted or frustrated stage of
the crime defined in Sec. 3(e) of R.A. No.
3019.

f. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter
pending before him for the purpose of
obtaining directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or for the purpose of favoring his own interest
or giving undue advantage in favor of or
discriminating against any other interested
party.

g. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.

In determining whether the contract was
manifestly and grossly disadvantageous,
it is not merely consideration of the
pecuniary amount involved. (Justice
Peralta)

h. Directly or indirectly having financial or
pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or take part in his official
capacity, or in which he is prohibited by the
constitution or by any law from having any
interest.

Under the Code of Professional Conduct,
the public officer MUST divest his
interest.

i. Directly or indirectly becoming interested, for
personal gain, or having a material interest in
any transaction or act requiring the approval
of a board, panel, or group of which he is a
member, and which exercises discretion in
such approval, even if he votes against the
same or does not participate in the action of
the board, committee, panel or group.

j. Knowingly approving or granting any license,
permit, privilege, or benefit in favor of any
person not qualified for or not legally entitled
to such license, permit, privilege, or
advantage, or of a mere representative or
dummy of one who is not so qualified or
entitled.

k. Divulging valuable information of a
confidential character, acquired by his office
or by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized
release date.

2. Any person having family or close personal
relation with any public official who shall
capitalize or exploit or take advantage of such
family or close personal relation by directly or
indirectly requesting or receiving any present,
gift, or material, or pecuniary advantage from any
person having some business, transaction,
application, request, or contract with the
government in which such public official has to
intervene (Sec. 4)

3. Any person who shall knowingly induce or cause
any public official to commit any of the offenses
under (A). (Sec. 4)

4. Spouse or any relative, by consanguinity or
affinity, within the 3
rd
civil degree, of the
President of the Philippines, the Vice-President,
the President of the Senate, or Speaker of the
House of Representatives, who shall intervene,
directly or indirectly, in any business transaction,
contract or application with the government (Sec.
5).

This prohibition shall not apply to:
1. Any person who, prior to the assumption of
office of any of the above officials to whom
he is related, has been already dealing with
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the government along the same line of
business;
2. Any transaction, contract or application
already existing or pending at the time of
such assumption of public office;
3. Any application filed by him, the approval of
which is not discretionary on the part of the
official(s) concerned but depends upon
compliance with requisites provided by law,
or rules or regulations issued pursuant to
law;
4. Any act lawfully performed in an official
capacity or in the exercise of a profession.

5. Any member of Congress, during the term for
which he has been elected, who shall acquire or
receive any personal pecuniary interest in any
specific business enterprise which shall be
directly and particularly favored or benefited by
any law or resolution authored by him previously
approved or adopted by Congress during his
term.

6. Any public officer who recommended the initiation
in Congress of the enactment or adoption of any
law or resolution and acquires or receives such
interest during his incumbency.

Unlawful for such member of Congress or
other public officer, who, having such interest
prior to the approval of such law or resolution
authored or recommended by him, continues
for 30 days after such approval to retain such
interest.

7. Any public officer who shall fail to file a true,
detailed and sworn statement of assets and
liabilities within 30 days after assuming office and
thereafter on or before the 15
th
day of April
following the close of every calendar year, as well
as upon the expiration of his term of office, or
upon his resignation or separation from office
(Sec. 7).

Prima Facie Evidence of and Dismissal Due to
Unexplained Wealth (Sec. 8)

1. If a public official has been found to have
acquired during his incumbency, whether in
his name or in the name of other persons, an
amount of property and/or money manifestly
out of proportion to his salary and to his other
lawful income.
2. Properties in the name of the spouse and
dependents of such public official may be
taken into consideration, when their
acquisition through legitimate means cannot
be satisfactorily shown.
3. Bank deposits in the name of or manifestly
excessive expenditures incurred by the
public official, his spouse or any of their
dependents including but not limited to
activities in any club or association or any
ostentatious display of wealth including
frequent travel abroad of a non-official
character by any public official when such
activities entail expenses evidently out of
proportion to legitimate income.

NOTE: Competent court is the Sandiganbayan (Sec.
10).

General Rule: Prescriptive period is 15 years (Sec.
11).
Exceptions: Unsolicited gifts or presents of small
or insignificant value offered or given as a mere
ordinary token of gratitude of friendship according
to local customs or usage, shall be excepted from
the provisions of this act (Sec. 14).

NOTES:
No public officer shall be allowed to resign or
retire pending an investigation
Suspension while pending in court after valid
information (cannot be automatic), and loss of
benefits if convicted by final judgment; maximum
duration of preventive suspension is 90 days;
acquittal reinstatement and salaries and
benefits which he failed to receive
The courts are not bound by the statement of
assets and liabilities filed.
Penalty of forfeiture can be applied retroactively.

Elements:
2. That he accepts gifts; and
3. That the said gifts are offered to him by
reason of his office.

NOTES:
The gift is given in anticipation of future favor
from the public officer.
There must be clear intention on the part of the
public officer to take the gift offered and consider
the property as his own for that moment. Mere
physical receipt unaccompanied by any other
sign, circumstance or act to show such
acceptance is not sufficient to convict the officer.
ART. 211: INDIRECT BRIBERY
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There is no attempted or frustrated indirect
bribery.
Public officers receiving gifts and private persons
giving gifts on any occasion, including Christmas,
are liable under PD 46.
The criminal penalty or imprisonment is distinct
from the administrative penalty of suspension
from the service.

Direct bribery Indirect bribery
Officer agrees to perform
or refrain from doing an
act.
Not necessary that the
officer do an act.

ELEMENTS:
1. That the offender is a public officer
entrusted with law enforcement;
2. That he refrains from arresting/
prosecuting offender for crime punishable
by reclusion perpetua and/or death (if
lower penalty than stated above, direct
bribery is the crime); and
3. In consideration of any offer, promise or
gift.

ELEMENTS:
1. That the offender makes offers or promises
or gives gifts or presents to a public
officer; and
2. That the offers or promises are made or the
gifts or presents given to a public officer,
under circumstances that will make the
public officer liable for direct bribery or
indirect bribery.

The offender is the giver of the gift or the offeror
of the promise. The act may or may not be
accomplished.
Bribery is usually proved by evidence acquired in
entrapment
Under PD 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft
cases are immune from prosecution if they
voluntarily give any information about any
commission of direct, indirect, and qualified
bribery, and any corruption of public officials,
provided that:
1. The information must refer to
consummated violations of any of the
above-mentioned provisions of law, rules
and regulations
2. Information and testimony are necessary
for the conviction of the accused public
officer, not in possession of the State,
and can be corroborated on its material
points
3. Informant or witness has not been
previously convicted of a crime involving
moral turpitude
4. Immunity shall not attach should the
information and/or testimony is false and
malicious or made only for the purpose of
harassing, molesting or in any way
prejudicing the public officer denounced

Chapter Three FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS

A. FRAUDS AGAINST PUBLIC TREASURY

ELEMENTS:
2. That he should have taken advantage of his
office, that is, he intervened in the
transaction in his official capacity;
3. That he entered into an agreement with any
interested party or speculator or made use of
any other scheme with regard to (a)
furnishing supplies (b) the making of
contracts, or (c) the adjustment or settlement
of account relating to a public property or
funds; and
4. That the accused had intent to defraud the
government.

The felony is consummated by merely entering
into an agreement with any interested party or
speculator or by merely making use of any
scheme to defraud the Government.

ARTICLE 213. FRAUDS AGAINST THE PUBLIC
TREASURY AND SIMILAR OFFENSES
ARTICLE 212. CORRUPTION OF PUBLIC
OFFICIALS
ARTICLE 211-A. QUALIFIED BRIBERY
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B. ILLEGAL EXACTIONS

ELEMENTS:
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees
and other imposts; and
2. That he is guilty of any of the following acts
or omissions;
a. demanding, directly or indirectly the
payment of sums different from or
larger than those authorized by law,
or
b. failing voluntarily to issue a
receipt, as provided by law, for any
sum of money collected by him
officially, or
c. collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided
by law.

Mere demand of a larger or different amount is
sufficient to consummate the crime. The
essence is the improper collection and
damage to the government is not required.
If sums are received without demanding the
same, a felony under this article is not committed.
However, if the sum is given as a sort of gift or
gratification, the crime is indirect bribery.
When there is deceit in demanding larger fees,
the crime committed is estafa.
This felony may be complexed with
malversation. Ex. A tax collector who collected
a sum larger than that authorized by law and
spent all of them is guilty of two crimes, namely:
(1) illegal exaction, for demanding a greater
amount; and (2) malversation for
misappropriating the amount collected.
A public officer who has the duty to collect taxes
is directly accountable to the Government for
money he collected since such money acquires
the character of a public fund.
Officers and employees of the BIR or Customs
are not covered by this article but by the NIRC
or the Administrative Code.

ELEMENTS:
2. That he takes advantage of his official
position; and
3. That he commits any of the frauds or
deceits enumerated in art. 315 and 316.
(estafa, swindling)

RTC has jurisdiction over the offense because
the principal penalty is disqualification.

ELEMENTS:
1. That the offender is an appointive public
officer;
2. That he becomes interested, directly or
indirectly, in any transaction of exchange
or speculation;
3. That the transaction takes place within the
territory subject to his jurisdiction; and
4. That he becomes interested in the
transaction during his incumbency.

Examples of transactions of exchange or
speculation are buying and selling stocks,
commodities, land, etc. wherein one hopes to
take advantage of an expected rise or fall in price
for gain or profit and not merely as investment
Purchasing of stocks or shares in a company is
simple investment and not a violation of the
article. However, regularly buying securities for
resale is speculation.
Appointive public officials should not devote
himself to commerce

WHO ARE LIABLE:
1. Public officer who became interested in any
contract or business in which it is his official
duty to intervene.
2. Experts, arbitrators and private
accountants who took part in any contract or
transaction connected with the estate or
property in the approval, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect to
property belonging to their wards or the
estate.

Actual fraud is not necessary
Intervention must be by virtue of public office held
Act is punished because of the possibility that
fraud may be committed or that the officer
ART. 214. OTHER FRAUDS
ARTICLE 215. PROHIBITED
TRANSACTIONS
ARTICLE 216. POSSESSION OF PROHIBITED
INTERESTS BY A PUBLIC OFFICER
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may place his own interest above that of the
Government or of the party which he represents.
Constitutional prohibitions exist
- Congress: cannot personally appear as
counsel, cannot be interested financially in
any franchise or special privilege granted by
government, cannot intervene in any matter
before office of Goevrnment
- Executive cannot hold any other office
- Constitutional Commission cannot hold any
other office, engage in practice of profession

AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
RA 7080

DEFINITION OF ILL-GOTTEN WEALTH: Any asset,
property, business enterprise or material possession
of any person acquired by him directly or indirectly
through dummies, nominees, agents, subordinates,
and/or business associates by any combination or
series of the following means or similar schemes:
A. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury.
B. By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
C. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities or
government-owned or controlled corporations
and their subsidiaries;
D. By obtaining, receiving or accepting, directly
or indirectly, any shares of stock, equity or
any other form of interest or participation,
including the promise of future
employment in any business enterprise or
undertaking.
E. By establishing agricultural, industrial or
commercial monopolies or other
combinations, and/or implementation of
decrees and orders intended to benefit
particular persons or special interests;
F. By taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or
themselves at the expense and to the
damage or prejudice of the Filipino people
and the Republic of the Philippines.

PERSONS LIABLE:
A. Any public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates and subordinates or
other persons, amasses, accumulates, or
acquires ill-gotten wealth through a
combination or series of overt or criminal
acts as described under above in the
aggregate amount or total value of at least
50 million pesos, shall be guilty of the crime
of plunder (as amended by RA 7659).
B. Any person who participated with the said
public officer in the commission of plunder.

JURISDICTION: Sandiganbayan.

RULE OF EVIDENCE: For purposes of establishing
the crime of plunder, it shall not be necessary to
prove each and every criminal act done by the
accused in furtherance of the scheme and conspiracy
to amass, accumulate or acquire ill-gotten wealth, it
being sufficient to establish beyond reasonable doubt
a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.

PRESCRIPTION: 20 years. However, the right of
the State to recover properties unlawfully acquired
by public officers from them or from their nominees or
transferees shall not be barred by prescription,
laches or estoppel.

ESTRADA VS. SANDIGANBAYAN, GR NO. 148560,
NOVEMBER 21, 2001
what is meant by combination and series of
overt or criminal acts under the plunder law?

When the plunder law speaks of combination, it is
referring to at least two (2) acts falling under different
categories of enumeration provided in sec. 1, par. (d).
example: raids on the public treasury in sec. 1, par.
(d), subpar. (1), and fraudulent conveyance of assets
belonging to the national government under sec. 1
par. (d), subpar. (3).
On the other hand, to constitute a series there
must be two (2) or more overt or criminal acts falling
under the same category of enumeration found in
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sec. 1, par. (d), say, misappropriation, malversation
and raids on the public treasury, all of which falls
under sec. 1, par. (d), subpar. (1). verily, had the
legislature intended a technical or distinctive meaning
for combination and series, it would have taken
greater pains in specially providing for it in the law.

Joseph Ejercito Estrada vs. Sandiganbayan, G.R.
No. 148560, November 21, 2001
is the crime of plunder malum in se or malum
prohibitum?
Plunder is a crime of malum in se because the
constitutive crimes are mala in se. the elements of
mens rea must be proven in a prosecution for
plunder. moreover, any doubt as to whether the
crime of plunder is malum in se must be deemed
to have been resolved in the affirmative decision
of congress in 1993 to include it among the
heinous crimes punishable by reclusion perpetua
to death. the legislative declaration in r.a. 7659
that plunder is a heinous offense implies that it is
malum in se. for when the acts punished are
inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts
are punished in a special law, especially since in
the case of plunder the predicate crimes are
mainly mala in se.

Chapter Four MALVERSATION OF PUBLIC
FUNDS OR PROPERTY

ELEMENTS:
1. That the offender be a public officer (or
private person if entrusted with public
funds or if in connivance with public
officers);
2. That he had the custody or control of
funds or property (if not accountable for the
funds, crime committed is theft or qualified
theft);
3. That those funds or property were public
funds or property (even if private funds,
they become public if attached, seized,
deposited or commingled with public funds);
and
4. That he
a. Appropriated the funds or property
b. Took or misappropriated them
c. Consented or, through abandonment
or negligence, permitted any other
person to take such public funds or
property.

It is not necessary that the offender profited
by his malversation. His being remiss in the duty
of safekeeping public funds violates the trust
reposed.
Public funds taken need not be misappropriated.
Malversation is otherwise called embezzlement.
It can be committed either with malice or
through negligence or imprudence (penalty is
the same).
In determining whether the offender is a public
officer, what is controlling is the nature of his
office and not the designation - contemplates
public officer who receives money or property
from government for which he is bound to
account, must have authority to collect or receive
The funds or property must be received in an
official capacity. Otherwise, the crime
committed is estafa.
Government funds include revenue funds and
trust funds. If funds or property placed in custody
of public officer, and they are accountable, such
funds or property partake nature of a public fund.
A public officer who has qualified charge of
govt property without authority to part with its
physical possession upon order of an immediate
superior cannot be held liable under this
article.
A qualified charge of properties does not qualify
to possession contemplated in the crime of
malversation where the possessor is only
accountable to his immediate superior and not
the government; his superior is the one
accountable to the government

Private individuals can also be held liable for
malversation under 2 circumstances:
1. when they are in conspiracy with public
officers; and
2. when they have charge of national,
provincial or municipal funds, revenues
or property in any capacity.
In malversation through negligence, the
negligence of the accountable public officer must
be positively and clearly shown to be
inexcusable, approximating fraud or malice. The
measure of negligence to be observed is the
standard of care commensurate with the
occasion.
ARTICLE 217. MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
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When malversation is not committed through
negligence, lack of criminal intent or good faith is
a defense.
The failure of a public officer to have any duly
forthcoming public funds or property upon
demand, by any authorized officer, shall be prima
facie evidence that he has put such missing
funds or property to personal use. However, if at
the very moment when the shortage is
discovered, the accountable officer is notified,
and he immediately pays the amount from his
pocket, the presumption does not arise.
Returning the embezzled funds is not an
exempting circumstance but only mitigating.
There is also no malversation when the
accountable officer is obliged to go out of his
office and borrow the amount corresponding to
the shortage and later, the missing amount is
found in an unaccustomed place.
A person whose negligence made possible the
commission of malversation by another can be
held liable as a principal by indispensable
cooperation.
Demand by or damage to the government are not
necessary elements of the crime of malversation.

MALVERSATION (217) ESTAFA WITH
ABUSE OF
CONFIDENCE (315)
Funds or property usually
public
Funds/property are
always private
Offender is usually a public
officer who is accountable for
the public funds/property
Offender is a private
individual or even a
public officer who is
not accountable for
public funds/property
Crime is committed by
appropriating, taking, or
misappropriating/consentin
g, or through abandonment
or negligence, permitting
any other person to take the
public funds/property
Crime is committed by
misappropriating,
converting, or
denying having
received money,
goods or other
personal property

People v. Hipol, GR 140549, 7/22/03
The fact that the obligation to deposit the collections
of the City Treasurer's Office is not covered by
appellant's official job description is of no legal
consequence in a prosecution for Malversation. What
is essential is that appellant had custody or control of
public funds by reason of the duties of his office.

ELEMENTS:
1. That the offender is a public officer, whether
in the service or separated therefrom;
2. That he must be an accountable officer for
public funds or property;
3. That he is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor; and
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
Demand and misappropriation are not necessary.

ELEMENTS:
2. That he must be an accountable officer for
public funds or property; and
3. That he must have unlawfully left (or be on
the point of leaving) the Philippines
without securing from the Commission on
Audit a certificate showing that his accounts
have been finally settled.
The act of leaving the Philippines must be
unauthorized or not permitted by law.

ELEMENTS OF TECHNICAL MALVERSATION:
2. That there is public fund or property under
his administration;
3. That such public fund or property has been
appropriated by law or ordinance (without
this, it is simple malversation) ; and
4. That he applies the same to a public use
other than for which such fund or property
has been appropriated by law or ordinance.

To distinguish this article with Art 217
(malversation), in illegal use of public funds or
property, the offender does not derive any
personal gain, the funds are merely devoted
to some other public use.
Absence of damage is only a mitigating
circumstance.

ARTICLE 219. FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
ARTICLE 218. FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNT FAILURE
OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNT
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS
OR PROPERTY
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ACTS PUNISHED:
1. By failing to make payment by a public officer
who is under obligation to make such
payment from Government funds in his
possession
2. By refusing to make delivery by a public
officer who has been ordered by competent
authority to deliver any property in his
custody or under his administration (must be
malicious)
ELEMENTS:
1. That the public officer has govt. funds or
property in his possession.
2. That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or
administration when ordered by
competent authority; and
3. That he maliciously fails or refuses to do
so.

Penalty is based on value of funds/property to be
delivered.

PERSONS LIABLE UNDER ART. 217 TO 221:
1. Private individual who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property.
Example: a withholding tax agent
2. Administrator or depositary of funds or
property that has been attached, seized or
deposited by public authority, even if owned
by a private individual.

Sheriffs and receivers fall under the term
administrator
Judicial administrator not covered by this
article.(Appointed to administer estate of
deceased and not in charge of property attached,
impounded or placed in deposit by public
authority)
Private property is included if it is attached,
seized or deposited by public authority.

Chapter Five INFIDELITY OF PUBLIC
OFFICERS

ELEMENTS:
1. That the offender is a public officer (on
duty);
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment;
3. That such prisoner escaped from his
custody; and
4. That he was in connivance with the prisoner
in the latters escape.

DETENTION PRISONER - A person becomes a
detention prisoner from the moment he is
booked. This refers to the accomplishment of
the booking sheet and made to fill a form (sic)
where he is finger printed. From that time on, he
is already a detention prisoner even if he is not
yet incarcerated. (ApostThe ol)
The release of a detention prisoner who could not
be delivered to judicial authorities within the time
fixed by law is not infidelity in the custody of a
prisoner. Neither is mere leniency or laxity in the
performance of duty constitutes of infidelity.
There is real and actual evasion of service of
sentence when the custodian permits the
prisoner to obtain a relaxation of his
imprisonment.

ELEMENTS:
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment; and
3. That such prisoner escapes through his
negligence.

NOTES:
The article punishes a definite laxity which
amounts to deliberate non-performance of
a duty.
ARTICLE 224. EVASION THROUGH
NEGLIGENCE
ARTICLE 223. CONNIVING WITH OR
CONSENTING TO EVASION
ARTICLE 222. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
ARTICLE 221. FAILURE TO MAKE DELIVERY
OF PUBLIC FUNDS OR PROPERTY
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The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford him complete
exculpation.
The liability of an escaping prisoner:
a. if he is a prisoner by final judgment,
he is liable for evasion of service
(art 157)
b. if he is a detention prisoner, he
does not incur criminal liability
(unless cooperating with the
offender).
The negligent public officer suffers the same
penalty regardless of whether the prisoner is
a convict or merely a detention prisoner.

ELEMENTS:
1. That the offender is a private person;
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him;
3. That the prisoner or person under arrest
escapes; and
4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence.

This article is not applicable if a private person
made the arrest and he consented to the escape
of the person he arrested.

ELEMENTS OF INFIDELITY IN CUSTODY OF
DOCUMENTS:
2. That he abstracts, destroys or conceals a
document or papers;
3. That the said document or paper should have
been entrusted to such public officer by
reason of his office; and
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.

NOTES:
The document must be complete and one by
which a right could be established or an
obligation could be extinguished.
Books, periodicals, pamphlets, etc. are not
documents.
Papers would include checks, promissory
notes and paper money.
A post office official who retained the mail
without forwarding the letters to their
destination is guilty of infidelity in the custody
of papers.
Removal of a document or paper must be for
an illicit purpose. There is illicit purpose
when the intention of the offender is to:
a. tamper with it,
b. to profit by it, or
c. to commit any act constituting a breach
of trust in the official care thereof.
Removal is consummated upon removal or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been accomplished.
Infidelity in the custody of documents through
destruction or concealment does not require
proof of an illicit purpose.
Delivering the document to the wrong party is
infidelity in the custody thereof.
The damage may either be great or small.
The offender must be in custody of such
documents because of his official capacity.

ELEMENTS:
2. That he is charged with the custody of
papers or property;
3. That these papers or property are sealed by
proper authority; and
4. That he breaks the seals or permits them to
be broken.

It is the breaking of the seals and not the
opening of a closed envelope which is punished.
Damage or intent to cause damage is not
necessary; damage is presumed.

ELEMENTS:
ARTICLE 226. REMOVAL, CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
ARTICLE 227. OFFICER BREAKING SEAL
ARTICLE 225. ESCAPE OF PRISONER UNDER
THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER
ARTICLE 228. OPENING OF CLOSED
DOCUMENTS
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2. That any closed papers, documents, or
objects are entrusted to his custody;
3. That he opens or permits to be opened said
closed papers, documents or objects; and
4. That he does not have proper authority.

Damage is not necessary.

Article 229. Revelation of secrets by an officer.

ELEMENTS OF PAR. 1 (SECRETS KNOWN BY
REASON OF HIS OFFICIAL CAPACITY):
2. That he knows of a secret by reason of his
official capacity;
3. That he reveals such secret without authority
or justifiable reasons; and
4. That damage, great or small, be caused to
the public interest.

Secret must affect public interest.
Secrets of a private individual is not included.
Espionage for the benefit of another State is
not contemplated by the article. If regarding
military secrets or secrets affecting state
security, the crime may be espionage.

ELEMENTS OF PAR. 2 (WRONGFULLY
DELIVERING PAPERS OR COPIES OF PAPERS
OF WHICH HE MAY HAVE CHARGE AND WHICH
SHOULD NOT BE PUBLISHED):
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies
thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest.

CHARGE means custody or control. If he
is merely entrusted with the papers and not
with the custody thereof, he is not liable
under this article.
If the papers contain secrets which should
not be published, and the public officer
having charge thereof removes and delivers
them wrongfully to a third person, the crime
is revelation of secrets. On the other hand, if
the papers do not contain secrets, their
removal for an illicit purpose is infidelity in
the custody of documents.
Damage is essential to the act committed.

ARTICLE 230. PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL.

ELEMENTS:
2. That he knows of the secret of a private
individual by reason of his office; and
3. That he reveals such secrets without
authority or justifiable reason.

Revelation to one person is sufficient.
If the offender is an attorney, he is properly
liable under Art. 209 (betrayal of trust by an
attorney).
Damage to private individual is not
necessary.

Chapter Six - OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS

ARTICLE 231. OPEN DISOBEDIENCE.

ELEMENTS:
1. That the offender is a judicial or executive
officer;
2. That there is a judgment, decision or order
of superior authority;
3. That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all the
legal formalities; and
4. That the offender without any legal
justification openly refuses to execute the
said judgment, decision or under which he is
duty bound to obey.

Judgment should have been rendered in a
hearing and issued within proper jurisdiction
and with all required legal solemnities.

ARTICLE 232. DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER; WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER.

ELEMENTS:
2. That an order is issued by his superior for
execution;
3. That he has for any reason suspended the
execution of such order;
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4. That his superior disapproves the
suspension of the execution of the order; and
5. That the offender disobeys his superior
despite the disapproval of the suspension.

A public officer is not liable if the order of the
superior is illegal.

ARTICLE 233. REFUSAL OF ASSISTANCE.

ELEMENTS:
2. That a competent authority demands from
the offender that he lend his cooperation
towards the administration of justice or other
public service; and
3. That the offender fails to do so maliciously.

This felony involves a request from one
public officer to another.
Damage to the public interest or third party is
essential.
Demand is necessary.
Demand must be from competent authority

ARTICLE 234. REFUSAL TO DISCHARGE
ELECTIVE OFFICE.

ELEMENTS:
1. That the offender is elected by popular
election to a public office;
2. That he refuses to be sworn in or
discharge the duties of said office;
3. That there is no legal motive for such
refusal to be sworn in or to discharge the
duties of said office.

If the elected person is disqualified, his
refusal to be sworn in or to discharge the
duties of the office is justified.
Refusal to discharge the duties of an
appointive office is not covered by this
article.

ARTICLE 235. MALTREATMENT OF PRISONERS.

ELEMENTS:
employee;
2. That he has charge of a prisoner or
detention prisoner (otherwise the crime is
physical injuries); and
3. That he maltreats such prisoner in either of
the following manners:
a. by overdoing himself in the correction or
handling of a prisoner or detention
prisoner under his charge either
i. by the imposition of punishments
not authorized by the regulations,
or
ii. by inflicting such punishments
(those authorized) in a cruel and
humiliating manner, or
b. by maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner.

The public officer must have actual charge of the
prisoner in order to be held liable (not merely by
legal fiction)
1. Offended party: Convict by final judgment or
detention prisoner
To be considered a detention prisoner,
the person arrested must be placed in jail
even for just a short time.
Maltreatment not due to personal grudge.

2. Offender may also be held liable for
physical injuries or damage caused.
(Penalty provided in Article 235 is imposed in
addition to penalty for injury or damage
caused)

ARTICLE 236. ANTICIPATION OF DUTIES OF A
PUBLIC OFFICE.

ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment;
2. That the law requires that he should first be
sworn in and/or should first give a bond;
3. That he assumes the performance of the
duties and powers of such office; and
4. That he has not taken his oath of office
and/or given the bond required by law.

ARTICLE 237. PROLONGING PERFORMANCE OF
DUTIES AND POWERS.

ELEMENTS:
1. That the offender is holding a public office;
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2. That the period provided by law, regulations
or special provisions for holding such office
has already expired; and
3. That he continues to exercise the duties
and powers of such office.

The article contemplates officers who have been
suspended, separated, declared over-aged
or dismissed

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