117.

ESPIONAGE (spy)
Two ways of committing:
A. Entering
Elements:
1. Offender enters a Warship, Fort,
Naval or Military establishment or
reservation
2. He has no authority to do so
3. Purpose to obtain Information,
Plans, Photographs or other data of
a confidential nature relative to the
defense of the Philippines
B. Disclosing
1. Offender public officer
2. He has in his possession the said
articles, data or information by
reason of the public office he holds
3. He discloses their contents to a
representative of a foreign nation.
124. ARBITRARY DETENTION
Elements:
1. Offender public officer or
employee
2. Offender detains a person
3. Detention without legal grounds
** Public officers liable must be vested with
authority to detain or order the detention of
persons accused of a crime; i.e. policemen,
judges, mayor.

** can be committed thru negligence

125. DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
Elements:
1. Offender public officer or employee
2. Offender detained a person for some
legal grounds
3. Offender fails to deliver person to
proper judicial authorities within:
12 hours offenses of light penalty
18 hours offenses of correctional
penalty
36 hours offenses of afflictive or
capital penalty
** Applies only to legal warrantless arrest if the
arrest was made with warrant, the person

arrested can be detained indefinitely until his

case is decided by the court or he posts a bail for
temporary release.
126. DELAYING RELEASE
Elements:
1. Offender public officer or employee
2. There is a
(a) judicial/executive order for
prisoners release
(b) proceeding upon a petition for
prisoners liberation
3. Offender, without good reason, delays
(a) service of the notice of such
order to the prisoner
(b) performance of such J/E order
for release
(c) proceedings upon a petition of
a petitioners liberation (writ of
habeas corpus)
** Wardens and jailers are the public officers
most likely to violate article 126.
127. EXPULSION
Elements:
1. Offender public officer or
employee
2. Offender expels any person from
the Philippines or compels a person
to change residence
3. Offender not authorized by law to
do so.
** Only the court by a final judgment can order a
person to change his residence. This can be by
ejectment proceedings, expropriation
proceedings, and the penalty of destierro.
128. VIOLATION OF DOMICILE
Elements:
1. Offender public officer or employee
2. Offender not authorized by judicial
order to enter the dwelling and/or to
make a search therein for papers and
other effects
3. Does any of the following acts:
a. entered a dwelling against the
will of the owner thereof;

b. searched papers or other

effects found therein without
previous consent of such
owner;
c. refused to leave the premises
after having surreptitiously
(secretly) entered said dwelling
and having been required to
leave the same.
** Against the will of the owner
- there should be OPPOSITION or
PROHIBITION, expressed or
implied
- no crime committed if entrance is
merely without consent of the
owner.
** Qualifying circumstances:
1. nighttime
2. papers/effects not constituting evidence
of a crime are not returned immediately
after the search made by the offender
129. SEARCH WARRANTS MALICIOUSLY
OBTAINES AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED
Procuring a search warrant without just cause
Elements:
1. Offender public officer or
employee
2. Offender procures a search
warrant
3. There is no just cause
Properties to be seized:
1. Subject of the offense
2. Stolen or embezzled and other
proceeds or fruits of the offense
3. Used or intended to be used as the
means of committing an offense
Requisites for issuing search warrant:
1. Probable cause connected with one
specific offense, determined personally
by the judge after examination under
oath or affirmation of the complainant
and the witnesses he may produce
2. Particularly describing the place to be
searched or the person of place to be
seized, which may be anywhere in the
Philippines

** A search warrant shall be valid for 10 days

from its date. Thereafter, it shall be void.
Exceeding authority or using unnecessary
severity in executing a search warrant legally
procured
Elements:
1. Offender public officer or employee
2. He has legally procured a search
warrant
3. He exceeds his authority or uses
unnecessary severity in using the same.
134. REBELLION OR INSURRECTION
Elements:
1. There is (a) public uprising and (b)
taking arms against the government.
2. Purpose of uprising or movement:
a. to remove from the allegiance
to said government or its laws

(1)
the territory of the
Philippines or any part
thereof; or
(2)
any body of land,
naval or armed forces; or
b. to deprive the Chief Executive
or Congress, wholly or partially
of any of their powers or
prerogatives.
Rebellion its object is completely to overthrow
and supersede the existing government.
Insurrection a movement which seeks merely to
effect some change of minor importance, or to
prevent the exercise of governmental authority
with respect to a particular matter or subject.
** Purpose of the uprising must be shown.
** It is not necessary that the purpose of the
rebellion be accomplished if they are
successful, they get to hold the government; they
will not sue their own selves.
Treason
Levying of war against the
government, performed to aid
the enemy;

Rebellion
Levying of war against the
government for reasons:
remove from allegiance to

3. Any person NOT in the government

government and deprive
service who participates, supports,
president and congress of
finances, abets, or aids in undertaking a
any of their powers;
coup detat.
May be committed by mere
Always involves taking up
adherence to adherence to
arms (uprising) against the
** Mere silence or omission is not punishable in
the enemy giving him aid or
government;
rebellion.
comfort;
Can be committed by an
Multitude/ crime of masses.
** No complex crime of rebellion Hernandez
individual;
Ruling
- Other crimes committed as a
134-A. COUP DETAT
means to, or, in furtherance of
Elements:
rebellion are absorbed in the crime.
1. Offender person/s belonging to the
If other crimes were committed for
military or police holding any public
private purpose/profit, without any
office or employment;
political motivation, would be
2. Committed swift attack accompanied
separately punished and would not
by violence, intimidation, threat, strategy
be absorbed in rebellion.
or stealth;
(Geronimo???)
3. Attack directed against duly
148.
DIRECT
ASSULTS
constituted authorities of the Philippines
Force
or
intimidation
or any military camp or installation,
Elements:
communication networks, public utilities,
1. Offender employs force or intimidation
or other facilities needed for the
2. Aim attain any of the purposes of
exercise and continued possession of
REBELLION and SEDITION
power;
3.
No public uprising
4. Purpose of attack to seize/diminish
state power
Makes attack, employs force, serious
intimidation, serious resistance
Elements:
1. Offender makes attack, employs force,
makes serious intimidation, serious
resistance
2.
Victim person in authority or his agent
Persons liable for rebellion, insurrection, and
3. Offender knows victim is a person in
coup detat
authority
4.
Victim: (a) engaged in actual
Leaders
performance of duty, or (b) by reason of
1. Any person who promotes, maintains, or
past performance of duty
heads a rebellion or insurrection;
5.
No public uprising
2. Any person who leads, directs or
commands others to undertake a coup
Attack includes offensive or antagonistic
detat.
movement or action of any kind.
Participants
1. Any person who participates or
Force must be of serious character as to
executes the commands of others in a
indicate determination to defy the law and its
rebellion or insurrection;
representative at all hazards.
2. Any person IN THE GOVERNMENT
who participates or executes the
** The force employed need not be serious when
commands of others in a coup detat;
the offended party is a person in authority.

** The intimidation or resistance must be serious

whether the offended party is an agent only or he
is the person in authority.

** Indirect assault is committed only when direct

assault is also committed.

** When a person in authority or his agent is the

one who provokes and attacks another person,
the latter is entitled to defend himself and cannot
be held liable for assault or resistance not for
physical injuries, because he acts in legitimate
defense.

150. DISOBEDIENCE TO
SUMMONS ISSUED BY THE
NATL ASSEMBLY, ITS
COMMITTEES OR
SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION,
ITS COMMITTEES,
SUBCOMMITTEE OR DIVISIONS

** When a person in authority or his agent

exceeds his power or acts without authority, it is
not the exercise of the functions of his office.
When he makes unnecessary use of force or
violence and goes beyond the limits of his power,
he acts as a private person.
** There can be no assault upon or disobedience
to one authority by another when they both
contend in the exercise for their respective
duties. (The crime committed may be physical
injuries only).
** The accused must have the knowledge that
the offended party was a person in authority (or
agent) in the exercise of his duties, because the
accused must have the intention to offend, injure
or assault the offended party as a person in
authority or agent of such person.
** The defendant must have the intention to defy
the authorities.
Qualified assault:
1. committed with a weapon;
2. offender is a public officer or employee;
3. offender lays hands upon a person in
authority.
149. INDIRECT ASSAULT
Elements:
1. Person in authority or his agent is the
victim of any if the forms of direct
assault;
2. Another person comes to the aid of such
authority or his agent;
3. The offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent.

Acts punished:
Refusing, without legal excuse, to
obey summons of Congress, or any
commission or committee chairman
or member authorized to summon
witnesses;
Refusing to be sworn or placed
under affirmation while before such
legislative or constitutional body or
official;
Refusing to answer any legal
inquiry or to produce any books,
papers, documents, or records in
his possession, when required by
them to do so in the exercise of
their functions;
Restraining another from attending
as a witness in such legislative or
constitutional body;
Inducing disobedience to summons
or refusal to be sworn by any such
body or official.
**The testimony of a person
summoned must be upon matters
into which the legislature has

jurisdiction to inquire.
** Any of the acts punished herein
may also constitute contempt.

means of force or violence any of the objects of

rebellion or sedition; more or less unconscious
outburst which is not intentionally calculated to
induce others to commit rebellion or sedition.

155. ALARMS AND SCANDALS

Punished:
1. Discharging any firearm, rocket,

firecracker, or other explosive calculated

public Officer
Person in Authority (PA) 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
Any person directly
wandering about at night or while
Any person who
vested with jurisdiction
engaged in any other nocturnal
takes part in the
whether as an individual or
amusements;
performance of
as a member of some court
4. Causing any disturbance or scandal in
public functions
or governmental corporation,public places while intoxicated or
in the government
board, or commission
otherwise, provided art. 153 is not
applicable.

152.

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

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

Charivari sounds designed to annoy and insult.

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

** Offender a participant in the meeting.

** Violence, intimidation and bribery qualifying

circumstances

** Serious disturbance must be planned or

intended.

** Mere detention prisoners included. Hospital or

asylum considered extension of jail or prison.

Outcry to shout subversive or provocative

words tending to stir up the people to obtain by

** Offender is usually an outsider. An employee of

the penal establishment who helps the escape of
a person confined therein may also be punished,

provided that he does not have the custody or

charge of such person. It may also be a prisoner
helping another prisoner. If the offender is a
public officer who had the prisoner in his custody
or charge, he is liable for infidelity in the custody
of a prisoner (223).
** By other means substituting an prisoner by
taking his place in jail is an example.
** A person delivering a prisoner from jail may be
held liable as accessory (treason, murder, or
parricide cases only)
** If the prisoner removed is a detention prisoner,
such prisoner is not criminally liable. He can only
be liable for evasion of service of sentence is he
is a convict by final judgment.
157. EVASION OF SERVICE OF SENTENCE
Elements:
1. Offender convict by a final judgment
2. Offender serving his sentence which
consists of deprivation of liberty
3. Offender evades service of sentence
by ESCAPING the term of his sentence
** If the convict escapes without commencing to
serve the sentence or without expressly waiving
in writing his right to appeal, or he is a detention
prisoner or minor delinquent who escapes from
confinement offender is not liable for evasion of
service of sentence.
Qualifying circumstances:
1. Unlawful entry (climbing the wall)
2. Breaking doors, windows, gates, walls,
roofs, or floors
3. Using picklocks, false keys, disguise,
deceit, violence or intimidation
4. Connivance with other convicts or
employees of the penal institution
158. EVASION OF SERVICE DURING
DISORDERS
Elements:
1. Offender convict by final judgment,
confined in a penal institution
2. Disorder conflagration, earthquake,
explosion, similar catastrophe, mutiny
(he has not participated)

3. Offender evades by leaving penal

institution on the occasion of such
disorder
4. Offender fails to give himself up to
authorities 48 hours following the
issuance of the Chief Executive
announcing the passing away of such
calamity
** The offender must be a convict by final
judgment, and must leave the penal institution.
** If the offender fails to surrender, he shall suffer
an increase of 1/5 of the time still remaining to be
served under the original sentence, NOT TO
EXCEED 6 MONTHS.
** If the offender surrenders within 48 hours, he is
entitled to 1/5 deduction of the period of his
sentence.
160. QUASI-RECIDIVISM
Elements:
1. Offender already convicted by final
judgment of one offense
2. Committed a new felony (a) before the
beginning to serve such sentence; or (b)
while serving the same
** First offense need not be a felony (crime under
RPC)
** New offense need not be of different character
from that of the former offense.
Can be pardoned:

1. At the age of 70, if he shall

have already served out his
original sentence (and not a
habitual criminal); or
2. When he shall have
completed it after reaching
the said age, unless by
reason of his conduct or
other circumstances, he
shall not be worthy of such
clemency.

Recidivism
Generic aggravating
circumstance
May be offset by a mitigating
circumstance
2 offenses embraced in the
same title/code
Committed after serving the
sentence

Quasi-Recidivism 3. Uttering the same in

Special aggravating
connivance with forgers or
circumstance
importers: it means offering
Cannot be offset by a
mitigating circumstance obligations or notes knowing them
1st offense may be other to be false or forged, whether
such offer is accepted or not, with
violation; 2nd offense should
be a felony
a representation, by words or
Committed before beginning
actions, that they are genuine and
to serve or while serving the
with an intent to defraud.
sentence

ARTICLE 166FORGING
TREASURY OR BANK NOTES
OR OTHER DOCUMENTS
PAYABLE TO BEARER AND
UTTERING THE SAME
Acts penalized:
6.

Forging or falsification of treasury

or bank notes or other documents
payable to bearer; Forging is
committed by giving to a treasury
or bank note or any instrument
payable to bearer or to order the
appearance of a true and genuine
document; and falsification is
committed by erasing,
substituting, counterfeiting, or
altering by any means, the
figures, letters, words, or signs
contained therein (Art. 169).

7.

Importation of the same: it means

to bring
them into the Philippines, which
presupposes that the obligations
or notes are forged or falsified in a
foreign country.

What may be forged or falsified

under Article 166:
Treasury or bank notes;
Certificates;
Other obligations and securities,
payable to bearer.
The Code punishes forging
or falsification of bank notes and
of documents of credit payable to
bearer and issued by the State
more severely than counterfeiting
of coins because the first tends to
bring such documents into
discredit and produces a lack of
confidence on the part of the
holders of the said documents to
the prejudice of the interests of
the society and the State.
Moreover, it is easier to forge or
falsify such certificates, notes, etc.
and the profit derived therefrom is
greater and the incentive for its
commission is more powerful.
(U.S. vs. Gardner 3 Phil 403).
The falsification of
Philippine National 100
Bank (PNB) checks is not forgery

under Art. 166 of RPC but

falsification of commercial
documents under Art 172 in
connection with Art. 171 of the
Code.

House of the Legislative or any

provincial board or municipal
council;

ARTICLE 167
COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENT
NOT PAYABLE TO BEARER

3. That he has no proper

authority therefor;

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
instrument;
3. That in case of uttering he
connived with the importer or
forger.Counterfeiting under Art.
167 must involve an instrument
payable to order or other
document of credit not payable to
bearer.

ARTICLE 170 FALSIFICATION

OF LEGISLATIVE DOCUMENT
Elements:
1. That there be a bill,
resolution or ordinance
enacted by or approved or
pending approval by either

2.The offender alters the

same;

4. That alteration changed the

meaning of the document.
- The bill, resolution
or ordinance must be
genuine.
Offender may be
private individual or a
public officer.
- The act of
falsification is limited to
altering it which changes
its meaning. Hence,
other acts of falsification,
even in legislative
documents, are
punished either in Art.
171 or under Art. 172.
-R.A. 248 prohibits the reprinting,
reproduction or republication of
government publications and
official documents without
previous authority.
171. FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY, OR
ECCLESIASTICAL MINISTER
Elements:
1. Offender public officer, employee,
notary, or ecclesiastical minister;
2. Offender takes advantage of his official
position;

3. Falsifies a document through any of the

following:
a. Counterfeiting or imitating a
handwriting, signature, or
rubric;
b. Causing it to appear that
persons participated in an act
or proceeding when they did
not in fact so participate;
c. Attributing to person who
participated in an act or
proceeding statements other
that those in fact made by
them;
d. Making untruthful statements in
a narration of facts;
e. Altering true dates;
f. Making any alteration or
intercalation in a genuine
document which changes its
meaning;
g. Issuing in an authenticated
form a document purporting to
be a copy of and original
document when no such
original exists, or including in
such copy statements in
contrary to or different from that
of the genuine original; and
h. Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry,
or official book.

1. Offender makes in a document

statements in a narration of facts;
2. Offender- has the LEGAL OBLIGATION
to disclose the truth of the facts narrated
by him;
3. Facts narrated are ABSOLUTELY
FALSE;
4. Such act was made with the
WRONGFUL INTENT OF INJURING A
THIRD PERSON (for private documents
only)
** There is a law requiring the disclosure of the
truth.
** The person making false statements must be
aware of the falsity of the facts narrated.
ALTERING TRUE DATES
** Date must be ESSENTIAL the alteration of
dates in a document must affect either the
VERACITY of the document or the effects
thereof.
MAKING ALTERATION OR INTERCALATION
Elements:
1. There is change or insertion on a
document;
2. Made on a GENUINE document;
3. Such change or insertion changes the
meaning of the document;
4. Such change speak something FALSE.

Ecclesiastical minister- commit any of the

offenses enumerated, with respect to any record
or document of such character that its falsification
may affect the civil status of a person.

ISSUING IN AUTHENTICATED FORM

1. Purporting to be a copy of an original
when no such original exists;
2. Including in copy a statement contrary to
or different from that of the genuine
original.

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

** Liability of private individual is the same as the

public officer when there is conspiracy.
** Intent to gain or prejudice is nit necessary.

MAKING UNTRUTHFUL STATEMENTS

172. FALSIFICATION BY PRIVATE

INDIVIDUALS AND USE OF FALSIFIED
DOCUMENTS
Falsification of public, official, or commercial
document by a private individual
Elements:

1. Offender private individual or public

official or employee who did not take
advantage of his official position;
2. He committed any of the acts of
falsification enumerated in art 171
3. Falsification was committed in a public,
official, or commercial document.
PUBLIC DOCUMENT any instrument
authorized by a notary public or a competent
public official with the solemnities required by
law.
OFFICIAL DOCUMENT a document issued by
a public official in the exercise of the functions of
his office.
COMMERCIAL DOCUMENT any document
defines and regulated by the Code of Commerce.

** The possessor of a falsified document is

presumed to be the author of the falsification.
** Lack of malice or criminal intent is a defense in
falsification of public document.
** The principal thing punished is the VIOLATION
OF PUBLIC FAITH and the PERVERSION OF
TRUTH which the document solemnly proclaims
prejudice to a third person is immaterial.
Falsification of private document:
Elements:
1. Offender committed any acts of
falsification enumerated in art 172,
except in paragraph 7;
2. Falsification is committed in any private
document;
3. Falsification caused damage to a third
party, or at least with intent to cause
such damage.
** Complex crime public, official, or commercial
documents
** One crime private document, cannot be
complexed with any crime (against property)
Use of falsified document
INTRODUCING IN A JUDICIAL PROCEEDING

Elements:
1. Offender knowledge that the
document was falsified by another
person;
2. False document is embraced in article
171 or 172 (par. 1-2);
3. He introduces such document as
EVIDENCE in any JUDICIAL
PROCEEDING.
USE IN ANY OTHER TRANSACTION
Elements:
1. Offender knowledge that the
document was falsified by another
person;
2. False document is embraces in article
172 and 172 (par. 1-2)
3. He used such document NOT IN
JUDICIAL PROCEEDING;
4. Such use of document caused damage
to another or at least was used with
intent to cause such damage.
180. FALSE TESTIMONY AGAINST A
DEFENDANT
Elements:
1. Criminal proceeding
2. Offender testifies falsely under oath
against the defendant
3. Offender knows the falsity of such
testimony
4. Defendant must be convicted or
acquitted in a final judgment.
** Defendant must be sentenced to a correctional
penalty, fine, or must be acquitted.
Art. 187. Importation and
disposition of falsely marked
articles or merchandise made
of gold, silver, or other
precious metals or their alloys.
The penalty of prision
correccional or a fine ranging from
200 to 1,000 pesos, or both, shall
be imposed on any person who
shall knowingly import or sell or
dispose of any article or
merchandise made of gold, silver,
or other precious metals, or their
alloys, with stamps, brands, or
marks which fail to indicate the
actual fineness or quality of said

metals or alloys.
Any stamp, brand, label, or
mark shall be deemed to fail to
indicate the actual fineness of
the article on which it is
engraved, printed, stamped,
labeled or attached, when the
rest of the article shows that
the quality or fineness thereof
is less by more than one-half
karat, if made of gold, and less
by more than four onethousandth, if made of silver,
than what is shown by said
stamp, brand, label or mark.
But in case of watch cases and
flatware made of gold, the
actual fineness of such gold
shall not be less by more than
three one-thousandth than the
fineness indicated by said
stamp, brand, label, or mark.
Articles or merchandise
involved are those made of: 1.
Gold2. Silver3. Other precious
metals; or
4. Their alloys
ELEMENTS:1. That the offender
imports, sells, or disposes any of
those articles or merchandise2.
That the stamps, brands, or marks
of those articles or merchandise fail
to indicate the actual fineness or
quality of said metal or alloy; and3.
That the offender knows that the
stamps, brands, or marks fail to
indicate the actual fineness or
quality of said metal or alloy
Notes:
Art. 187 does not apply to the
manufacturer of misbranded
articles. The manufacturer is liable
for estafa
Arts.188and189havebeenrepea

ledbytheIntellectualPropertyCo
de

Art. 200. Grave scandal. The

penalties of arresto mayor and
public censure shall be imposed
upon any person who shall offend
against decency or good customs
by any highly scandalous conduct
not expressly falling within any
other article of this Code.
ELEMENTS:1.That the offender
performs an act or acts;2. That
such act or acts be highly
scandalous as offending against
decency or good customs;3. That
the highly scandalous conduct is
not expressly falling within any
article of the RPC; and4. That the
acts or acts complained of be
committed in a public place or
within the public knowledge of view
Decency means proprietary of
conduct, proper observance of the
requirements of modesty, good
taste, etc.Customs means
established usage, social
conventions carried on by tradition
and enforced by social disapproval
of any violation thereof
Grave Scandal consists which
having been committed publicly,
have given rise to public scandal to
persons who have accidentally
witnessed the same
Notes:Acts must be performed
in a public place or within
public knowledge or
viewDistinction must be made
as to the place where the
offensive act was
committed, whether in the

public place or in a private

placeo Public place public
view is not requiredo Private
place public view or public
knowledge is required
Whentheactswereperformedina
privatehouseandseenbyoneper
son, the crime was no
committed
o This circumstance does not
constitute the degree of publicity
which is an essential element of
the crime

8.

Art. 204. Knowingly rendering

unjust judgment. Any judge,
who shall knowingly render an
unjust judgment in any case
submitted to him for decision, shall
be punished by prision mayor and
perpetual absolute disqualification.
ELEMENTS:1.That the offender is
a judge;2. That he renders a
judgment in a case submitted to
him for decision; 3. That the
judgment is unjust; and4. That the
judge knows that his judgment is
unjust Judgment is the final
consideration and determination of
a court of competent jurisdiction
upon the matters submitted to it, in
an action or proceedingUnjust
Judgment is the one, which is
contrary to law or is not supported
by evidence or both

An
unjust judgment is
rendered knowingly
when it is made
deliberately and
maliciously

The
judge must render

the judgment with

conscious and
deliberate intent to
do an injustice
Sources of unjust
judgment: 1.Error2.
Ill-will or revenge; or3.
Bribery Notes:
Thereisnoliabilityat
allformereerroringo
odfaith

There must first be a final and

authoritative judicial declaration
that the decision or order in
question is indeed unjust. The
pronouncement may result from
either:
o An action of certiorari or
prohibition in a higher court
impugning the validity of the
judgment; or
o An administrative proceeding
in the Supreme Court against
the judge precisely for
promulgating an unjust
judgment or order
Art. 204 has no application to
members of collegiate court
(SC, CoA, Sandiganbayan, and
CTA) who reach their
conclusions in consultation and
accordingly render their
collective judgment after due
deliberation

ARTICLE 209 BETRAYAL

OF TRUST BY AN ATTORNEY
OR SOLICITOR REVELATION
OF SECRETS
Acts punished:
1. Causing damage to his client,
either:
a. By any malicious
breach of
professional duty; or
b. Inexcusable
negligence or
ignorance
If no damage is
caused, attorney may
be held
administratively or
civilly liable.
2. Revealing any of the secrets of
his client learned by him in his
professional capacity Damage is
NOT necessary.
3. Undertaking the defense of the
opposing party in the same case
without the consent of his first
client after having undertaken the
defense of said first client or after
having received confidential
information from said client
If the client consents to the
attorneys taking the defense of
the other party, there is no crime.
Procurador judicial a person
who had some practical

knowledge of law and procedure,

but not a lawyer, and was
permitted to represent a party in a
case before an inferior court
Art. 210. Direct bribery.
ELEMENTS:
1. That the offender be a
public officer;
2. That the offender accepts
an offer or a promise or receives a
gift or present by himself of
through another;
3. That such offer or promise
be accepted or gift or present
received by the public officer
With a view to committing
some crime; or
In consideration of the
execution of an act, which
does not constitute a crime,
but the act must be unjust;
or
To refrain from doing
something, which it is his
official duty to do so;and
4. That the act, which the offender
agrees to perform, or which he
executes be connected with the
performance of his official duties
Notes:

Art. 210 are made applicable to

assessors, arbitrators, appraisal
and claim commissioners, experts,
or any other persons performing
public duties

The temporary performance

of public functions is sufficient
to constitute a person a public
officer

because of the gift or

promise.

The thing offered or

accepted may be money,
property, services or anything
else of value. It must have a
value or be capable of
pecuniary estimation
Briberyagreement
Robberyforce upon things

ELEMENTS:
1. That the offender is a public
officer entrusted with law
enforcement;
2. That the offender refrains from
arresting or prosecuting an
offender who has committed a
crime punishable by reclusion
perpetua and/or death; and

211>Indirectbribery

Direct Bribery

act, as it is enough that

he accepts gifts offered
to him by reason of his
office.

Indirect Bribery

As to consideration

3.That the offender refrains from

arresting or prosecuting the
offender in consideration of any
promise, gift or present
Notes:

In both crimes the public officer receives gift.

As to existence of agreement

If the crime committed

is punishable by a
penalty less than
reclusion perpetua, the
public officer is liable
under Art. 208 and direct
bribery

There is agreement
between the public
No such agreement
Same with Art. 208, the
officer and the giver of exists
guilt of the offender is a
gift or present.
prejudicial question to

As to necessity of the performance of the

act
The offender agrees to
perform or performs an
act or refrains from
doing something,

Art. 212. Corruption of public

It is not necessary that

officials. The same penalties
the officer should do imposed upon the officer
any particular act or corrupted, except those of
disqualification and
even promise to do an

suspension, shall be imposed

upon any person who shall
have made the offers or
promises or given the gifts or
presents as described in the
preceding articles.
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

This article is concerned with

the liability if the person who
shall have made the offers or
promises or given the gifts to
the public officerThe crime is
attempted if the offer, promise,
gift or present was refused and
consummated if accepted