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TITLE 1: CRIMES AGAINST NATIONAL SECURITY AND o How to prove that the offender is a Filipino

THE LAW OF THE NATIONS citizen?
- By his prison record which sets out his
Chapter 1 – Crimes against National Security (3 Sections) personal circumstances properly identified
 Section 1 – Treason and Espionage (Arts. 114-117) as having been filled out with data supplied
 Section 2 – Provoking War and Disloyalty in case by the accused himself.
of War (Arts. 118-121) - By the testimony of witnesses who know
 Section 3 – Piracy and Mutiny in the High Seas or him to have been born in the Philippines of
in the Philippine Waters (Arts. 122-123) Filipino parents

Section 1: Treason and Espionage (Arts. 114-117) o What is ALLEGIANCE?
o Article 114. TREASON – Any Filipino citizen who - The obligation of fidelity and obedience
levies war against the Philippines or adheres to which the individuals owe to the
her enemies, giving them aid or comfort within government under which they live or to
the Philippines or elsewhere, shall be punished their sovereign, in return for the protection
by reclusion perpetua to death and shall pay a they receive.
fine not to exceed 100,000 pesos.
o What are the ways of being committed?
No person shall be convicted of treason unless 1. Levying war against the government
on the testimony of two witnesses atleast to o It means that (a) there is an actual
the same overt act or on confession of the assembling of men (b) for the purpose
accused in open court. of executing a treasonable design bfor
the purpose of executing a treasonable
Likewise, an alien, residing in the Philippines design by force
who commit acts of treason as defined in o It is not necessary that there be a
paragraph 1 of this Article shall be punished by formal declaration of the existence of a
reclusion temporal to death and shall pay a fine state of war. Actual hostilities may
not to exceed 100,000 pesos. determine the date of the
commencement of the war.
o What are the ELEMENTS OF TREASON? o The levying war must be with intent to
1. That the offender is a Filipino citizen or an overthrow the government not merely
alien residing in the Philippines to resist a particular officer. It is not
2. That there is a war in which the Philippines necessary that those attempting to
is involved overthrow the government by force of
3. That the offender either – arms should have the apparent power
a. levies war against the government, or to succeed in their design, in whole or
b. adheres to the enemies, giving them in part.
aid or comfort
Treason by Levying Rebellion
o What is TREASON? War
- Treason is a breach of allegiance to a PURPOSE: To help the PURPOSE: Not
government, committed by a person who enemy necessary (e.g. civil
owes allegiance to it. uprising
- NATURE: In its general sense, treason is a
violation by a subject of his allegiance to his
sovereign or to the supreme authority of
the State.

o Extent of aid or comfort – it must be a deed or physical activity and not merely a mental operation. PLACE and MOMENT OF TIME. Gravity of separate distinct acts of treason  “Rendering aid or comfort” – an act which strengthens or tends to strength the enemy in the conduct of war against the traitor’s country or any act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy.If the overt act is separable. Treachery 2. Testimony of two witnesses. 1. such that it directly and materially tends to improve  INHERENT IN TREASON: the conduct of war of the enemy. constitute a single offense. Treason Sedition 3. From the nature of the act itself . two comfort witnesses must also testify to each part o Requires BOTH of the overt act.  There is no treason thru negligence. Adherence to the enemies. manifestation through the giving of aid or comfort is not sufficient to constitute treason. It does not embrace rebels in insurrection  Treason is a CONTINUOUS OFFENSE. Amount of degree or aid 4. 2. All overt against their own country. 2. country. However. Evident premeditation intent to betray. It cannot be complexed power in a state of hostility with the traitor’s with other crimes. Abuse of superior strength  “Adherence to enemy” – it means that there is an 3. From the circumstances surrounding the act Philippines must be in war Internal conflict  WAYS OF PROVING TREASON (Overt Act) with another country 1.The testimonies must refer to the SAME ACT. The overt  The act committed need not actually strengthen the act off giving aid or comfort to the enemy must enemy or be successful. Adherence to the enemies . Ignominy sympathies or convictions disloyal to his country’s 2. atleast. Giving of aid or comfort to them uniform in their testimony in the overt o NOTE: Mere adherence without its physical act. 1. for in that case the crime acts of treason that the accused has committed would be rebellion. 3. By one witness 2.It is sufficient that the witnesses are 2. the act must be be intentional. The accused intellectually or emotionally favors the enemy and harbors  AGGRAVATING IN TREASON: 1. giving them aid and . to the Violation of oath of Causing disturbances in same overt act (TWO-WITNESS RULE) allegiance one’s country . Cruelty policy or interest. Confession of guilty by the accused in OPEN BOTH adherence and the giving of aid or COURT comfort to the enemy must concur  Treason absorbs crimes committed in  ENEMY – applies only to the subjects of a foreign furtherance thereof.  Adherence may be proved: 1.

the holders of said documents to the prejudice OBLIGATIONS AND SECURITIES. That the treasury or bank note or certificate or Article 169: other obligation and securities payable to 1. it is easier to forge or falsify such AND SECURITIES certificates. COUNTERFEITING. notes. 172 in connection with Art. That there be an instrument payable to order or other document of credit NOT payable to FALSIFICATION – is committed by erasing. 171 of the Code. It means offering obligations or notes knowing them to be false or forged ARTICLE 168 whether such offer is accepted or not. imported or letters. substituting. That the offender either forged. 169) uttered such instrument 3. IMPORTING AND of the interests of the society and the State. words or signs contained therein (Art. 167 must that the obligations or notes are forged or involve an instrument payable to order falsified in a foreign country. DOCUMENTS PAYABLE TO BEARER AND UTTERING THE 166 of RPC but falsification of commercial SAME documents under Art. or other document of credit not 3. or altering by any means. and the profit derived therefrom is greater and the incentive for its ARTICLE 166 commission is more powerful. ACTS PENALIZED: 1. by words or actions that they BANK NOTES AND OTHER INSTRUMENTS OF CREDIT are genuine and with an intent to defraud. Importation of the same. UTTERING FALSE OR FORGED NOTES. ELEMENTS WHAT MAY BE FORGED OR FALSIFIED UNDER 1. FORGING TREASURY OR BANK NOTES OR OTHER  The falsification of PNB is not forgery under Art. The offender knows that any of these instruments is forged or falsified  The Code punishes forging or falsification of 3. the figures. 2. with a ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR representation. Treasury or bank notes bearer or any instrument payable to order or 2. OBLIGATIONS Moreover. Certificates other document of credit not payable to bearer 3. That he performs any of these acts: bank notes and of documents of credit payable . bearer counterfeiting. It means to bring importer or forger them into the Philippines. payable to is forged or falsified by another bearer 2. IMPORTING AND UTTERING INSTRUMENT NOT PAYABLE TO BEARER FORGING – is committed by giving to a treasury or bank not or any instrument payable to bearer or to order ELEMENTS appearance of a true and genuine document 1. Forging or falsification of treasury or bank ARTICLE 167 notes or other documents payable to bearer. which presupposes  Counterfeiting under Art. Uttering the same in connivance with forgers payable to bearer or importers. That in case of uttering he connived with the 2. TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST to bearer and issued by the State more severely than counterfeiting of coins because the first CHAPTER ONE: FORGERIES tends to bring such documents into discredit and produces a lack of confidence on the part of SECTION THREE: FORGING TREASURY OR BANK NOTES. Other obligations and securities. etc.

PUBLIC. That alteration changed the meaning of the author of falsification. a. That he has no proper authority thereof same is presumed to be the material 4. authority. 2. and official documents without previous  PD 247 – penalizes defacement. refers The commission of any of or notary public or ecclesiastical minister to the falsification and the eight (8) acts  The ecclesiastical minister is liable counterfeiting of treasury mentioned in Art. commercial. messages .A. instruments COMMERCIAL AND PRIVATE DOCUMENTS AND b. mutilation. or to any record or document of such private documents or character that its falsification may wireless or telegraph affect the civil status of persons. resolution or ordinance said false treasury or bank notes enacted by or approved or pending approval by  The accused must have knowledge of either House of the Legislative or any provincial the forged character of the note board or municipal council  A person in possession of falsified 2. That the offender is a public officer. The offender alters the same document and who makes use of the 3. document  The bill. EMPLOYEE OR  It includes falsification and NOTARY OR ECCLESIASTICAL MINISTER counterfeiting ELEMENTS: FORGERY FALSIFICATION 1. are appearance of a true and genuine document punished either in Art. 172. even in legislative documents. 248 prohibits the reprinting. letters. By erasing. tearing. By giving to treasury or bank note or any which changes its meaning. other acts of instrument payable to bearer or to order the falsification. TELEGRAPH AND TELEPHONE MESSAGES forged or falsified documents ARTICLE 170  Possession of false treasury or bank FALSIFICATION OF LEGISLATIVE DOCUMENT notes alone is not a criminal offense. reproduction means the figures. ELEMENTS: possession must be with intent to use 1. 171 or under Art. or altering aby any  R. Possession with intent to use any of the WIRELESS. Hence. resolution or ordinance must be ARTICLE 169 genuine HOW FORGERY IS COMMITTED  Offender may be private individual or a public officer HOW COMMITTED:  The act of falsification is limited to altering it 1. substituting. 171 on under this article if he shall commit any or bank notes or any legislative (only the act of of the acts of falsification with respect instruments payable to making alteration). words or signatures or republication of government publications contained therein. public the bearer or to order or official. employee As used in Art. For it to constitute an offense. burning or destroying of Central Bank notes and ARTICLE 171 coins FALSIFICATION BY PUBLIC OFFICER. 169. Using any of such forged or falsified SECTION FOUR: FALSIFICATIO OF LEGISLATIVE. That there be a bill.

2nd.  In the other paragraphs of Art. 7 6. official or commercial Document – is any written statement by which a right is document by a private individual established or an obligation extinguished by which a Elements: fact may be proven or affirmed a. The offender committed any of the acts of 5. Intercalating any instrument or note relative to which he falsifies the issuance in a protocol. Counterfeiting or imitating any handwriting. Issuing in an authenticated form a document to when: be a copy of an original document when no a. b. He has the duty to make or prepare or such original exist including in such a copy a otherwise to intervene in the preparation of statement contrary to or different from that of the document the genuine original. Official Document – a document which is signature or rubric. 7th (second part) and 8th public or official or commercial document mode of falsification. Altering true dates falsification except those in par. Attributing to persons who have participated in defined and regulated by the Code of any act or proceeding statements other than Commerce or any other commercial laws these in fact made by them 2. 1-6) efficacy c. That he takes advantage of his official position 7. That he committed any of the acts of genuine document falsification enumerated in Art. or issued by a public official in may be committed by simulating or fabricating response to the exigencies of the public a document service or in the execution of which a public official intervened DIFFERENT MODES OF FALSIFYING A DOCUMENT 1. He has the official custody of the document 8. FALSIFICATION BY PRIVVATE INDIVIDUALS AND USE OF 172. Causing it to appear that persons have the functions of his office participated in an act or proceeding when they did not in fact so participate Commercial Document – any document 3. Making untruthful statements in a narration of Elements: facts a. FALSIFIED DOCUMENTS 3. he would be guilty of falsification of public document ARTICLE 172 by a private individual under Art. That the falsification was committed in a private document . falsification executed. Falsification of private document by any person 4. 6th. Making alteration or intercalation in a genuine enumerated in Art. registry or official  If he did not take advantage of his book public position. 171 document which changes its meaning b. 171. That the falsification was committed in a  In the 1st. 2. issued by a public official in the exercise of 2. The offender falsifies a document ACTS PUNISHED 1. Falsification of public. The offender is a private individual or a public officer or employee who did not take  The document must be complete or at least it advantage of his official position must have the appearance of a true and b. 171  The document must be of apparent legal (Pars. there must be a genuine document Public Document – a document created.

ii. He must have performed an ARTICLE 217: independent act which operates to MALVERSATION OF PUBLIC FUNDS OR PROPERTY – the prejudice of third persons PRESUMPTION OF MALVERSATION  Damage need not to be material damage to one’s honor is included ACTS PUNISHED:  There is no crime of estafa through 1. misappropriated or ii. That the false document was embraced in consented. 171 or in any of subdivision No. That the false document was embraced in Art. evidenced or set forth. falsification is 4. or through abandonment or falsification of private document is negligence.  Mere falsification of private CHAPTER FOUR: document is not enough. permitting any other person to take the same as that of estafa such public funds or property. That the offender be a public officer 3. That he appropriated. Use of falsified documents 2. He must have falsified the same ii. That the offender knew that the committed with the intent to cause document was falsified by another person damage. if the public officer had no authority to receive the money and he . That the use of the false document authorized. By being otherwise guilty of the consummated when the genuine misappropriation or malversation of such funds document is altered or the moment or property. Introducing in a judicial proceeding 3. 1. care  No damage is required  Funds or property must be received in official capacity. Use in any other transaction third party or atleast the falsification was i. That he used such document (not in without the intervention of a notary judicial proceeding) public or other person legally iv. That the falsification caused damage to a b.  Generally. or through abandonment or Art. c. them iii. By appropriating public funds or property falsification of a private document 2. 217-222) i. 171 or in any of subdivision No. the false document is executed. That those funds or property were public funds i. 1 or 2  Private document or instrument of Art. By consenting. 1 or 2 negligence. 172. That he introduced said document in evidence in any judicial proceeding CUSTODY – means guarding or keeping safe. It is immaterial that the offender did COMMON ELEMENTS: not achieve his objective. That the offender knew that the or property for which he was accountable document was falsified by another person 4. Hence. took. permitted another person to take of Art. by which document caused damage to another atleast it was some disposition or agreement is used with intent to cause damage. Two MALVERSATION OF PUBLIC FUNDS OR PROPERTY things are required: (Arts. proved. That he had a custody or control of funds or Elements: property by reason of the duties of his office a. By taking or misappropriating the same because the immediate effect of 3. 172 executed by a private person iii.

The offender is a public officer  Nature of the duties of the public officer. The rule that there is no need of prior demand b. Those in conspiracy with public officers guilty of that for which such funds or property has been malversation appropriated by law or ordinance 2. Such public fund or property has been MALVERSATION may be committed by PRIVATE appropriated by law or ordinance INDIVIDUALS in the following cases: 4. Those who are accessory or accomplice to a public officer ILLEGAL USE OF PUBLIC MALVERSATION 3. The absence of a requirement of damage in c. Public officer has government funds in his malversation possession 4. The fact that conversion is not required in a. not the 2. He is under obligation to make payment in malversation from such funds 5. this shall be a prima facie evidence that he of the offender or of another person has put such missing funds or property to personal use. 1. He applies the same to a public use other than 1. Depositary or administrator of public funds or Does not derive any In certain cases.  The return of the funds malversed is only ARTICLE 221: mitigating not exempting circumstance FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR  Demand is NOT necessary in malversation. Custodian of public funds or property in FUNDS OR PROPERTY whatever capacity The offenders are accountable public officers in both crimes 4. administration 3. profits property personal gain or profit from the proceeds of the crime PRESUMPTION Public fund or property is The public fund or When demand is made to the accountable officer to applied to another public property is applied to the account for the funds and property and the same is not use personal use and benefit forthcoming. There is a public fund or property under his name of the office is controlling. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY  The penalty for malversation is the same whether committed with malice of through negligence or ELEMENTS: imprudence. the crime is ESTAFA. The public or private character of the accused 2. maliciously malversation 2. By failing to make payment by a public officer MALVERSATION is PRINCIPALLY DISTINGUISHED from who is under obligation to make such payment ESTAFA by: from Government funds in his possession 1. PROPERTY Damage to the government is also not necessary. The nature of the funds Elements: 3. ACTS PUNISHED 1. misappropriated the same. He fails to make the payment. not ARTICLE 220: malversation. 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 .

who have accidentally witness the same CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN  If the act or acts of the offender are punished OFFICE (Arts. That the act or acts complained of be official. The offender performs an act or acts To be a public officer one must be – 2. 204-212) under another article of the RPC. Taking part in the performance of public offending against decency or good customs functions in the government. not to acts which are However. 200 is not applicable SECTION ONE: DERELICTION OF DUTY  When the acts were performed in a private house and seen by one person. the crime was Misfeasance – improper performance of some act not committed which might lawfully be done Grave Scandal Alarms and Scandal Refers to moral scandal. committed in a public place or within the public 2. good taste. By direct provision of law observance of the requirements of modesty. b. 200-202) OFFICER ARTICLE 200 ARTICLE 203 GRAVE SCANDAL WHO ARE PUBLIC OFFICERS ELEMENTS: REQUISITES: 1. That such act or acts be highly scandalous as 1. That his authority to take part in the knowledge or view performance of public functions or to perform public duties must be – Decency – means proprietary of conduct. it obliterates the standard distinction in the law of public officers Grave scandal – consists of acts which are offensive to between “officer” and “employee”. By popular election etc. performed . CHAPTER TWO: OFFENSES AGAINS DECENCY AND TITLE SEVEN: CRIMES COMMITTED BY A PUBLIC GOOD CUSTOMS (Arts. of any rank or class. c. social conventions carried  The term “public officers” embraces every on by tradition and enforced by social disapproval of public servant from the highest to the lowest. Refers to disturbances of Malfeasance – the performance of some act which It does not necessarily the public peace which are ought not to be done disturb public peace. Art. decency and good customs which. agent or subordinate 4. it must be offensive to decency Nonfeasance – omission of some act which ought to be committed within public view. any violation thereof For the purposes of the RPC. That the highly scandalous conduct is not said government or in any of its branches public expressly falling within any article of this code duties as employee. having committed  Temporary performance of public functions by a publicly have given rise to public scandal to persons laborer makes him a public officer. or performing in 3. By appointment by competent authority Customs – established usage. proper a.

appraisal duties. in connection with the performance of INDIRECT BRIBERY his public duty  The gift must be accepted by the public ELEMENTS officer 1. By agreeing to perform or by performing in applicable to: consideration of any offer. gift or .claim commissioners  The acceptance of the offer or promise -experts or any other persons is enough to consummate the crime.arbitrators connection with the performance of official . With a view to committing some crime because it is committed by accepting gifts offered b. As to necessity of the performance of the act The offender agrees to It is not necessary that the ELEMENT OF DIRECT BRIBERY perform or performs an officer should do any 1. SECTION TWO: BRIBERY c. To refrain from doing something which it is his official duty to do ARTICLE 210 4. but the does not accept the gifts. promise. The offender is a public officer  The act must be unjust 2. in of his office consideration of a gift or promise. That such offer or promise be accepted or gift or present received by the public officer –  There is no attempted or frustrated indirect bribery a. This element is and the giver of gift or not necessary in the crime of present prevaricacion. the public officer receives gift the offender refrained from doing his As to existence of agreement There is agreement No such agreement exists official duty in consideration of a gift between the public officer received or promised. in . That he accepts gifts 3. he does not commit the act must be unjust crime. The offender is a public officer act or refrains from doing particular act or even something because of the promise to do an act. it is 2.assessors present an act constituting a crime. The offender accepts an offer or a promise or gift or promise enough that he accepts receives a gift or present by himself or through gifts offered to him by another reason of his office 3. In both crimes. . from doing 3. If he which does not constitute a crime. 210 are made 1. it is consummated. . DIRECT BRIBERY INDIRECT BRIBERY  The third form of direct bribery differs As to consideration from prevaricacion in that in bribery. performing public duties Absent such acceptance. By accepting a gift in consideration of the execution in an act which does not constitute a ARTICLE 211 crime. ACTS PUNISHED  The provisions of Art. 2. If he accepts the gifts. That the act which the offender agrees to DIRECT BRIBERY perform or which he executes be connected with the performance of his official duties. That the said gifts are offered to him by reason something which it is hi public duty to do. In consideration of the execution of the act to the public officer by reason of his office. By agreeing to refrain or refraining. only the  For the purpose of punishing bribery. person making the offer or promise is the temporary performance of public liable for Attempted Corruption of functions is sufficient to constitute a Public Officer person a public officer.

circumstances that will make the public officer directly or indirectly liable for direct bribery or indirect bribery 2. consummated violations of any of the provisions of law. The offender refrains from arresting or prosecuting the offender in consideration of any promise.  Receiving of gifts by public officials and employees. Such information and testimony can be prosecuting an offender who has committed a corroborated on its material points crime punishable by reclusion perpetua and/or e. whether the same is for past favors or gift. on any 1. The offender makes. The information and testimony are necessary for the conviction of the accused ELEMENTS public officer 1. offers. It is considered indirect bribery even if there was a ARTICLE 212 sort of an agreement between public officer and CORRUPTION OF PUBLIC OFFICIALS giver of gift. gift or present. the following conditions must concur: parties or entertainments in honor of the official or a. Such information and testimony are not yet law enforcement in the possession of the State 2. or promises or gives occasion. For the immunity to be Included within the prohibition is the throwing of enjoyed. ELEMENTS: and giving of gifts by private persons. 3. gifts or presents to a public officer 2. present or other valuable thing  This article is concerned with the liability of the to any occasion. favor or better treatment in the future  PD 749 – grants immunity from prosecution to from the public official or employee givers of bribes and other gifts and to their concerned in the discharge of his official accomplices if they willingly testify against functions. public officers or employees in bribery and other graft cases. or present was refused and consummated the giver hopes or expects to receive a if accepted. promise. The information must refer to employees or his immediate relatives. The offers or promises are made or the gifts or Note: PD 46 punishes: presents given to a public officer under 1. The offender refrains from arresting or d. rules and regulations ARTICLE 211-A mentioned in PD 749 QUALIFIED BRIBERY b. The offender is a public officer entrusted with c. . including Christmas is punishable. less than reclusion perpetua. Any public official or employee who receives. or offers to give:  Any gift. The informant or witness has not been death previously convicted of a crime involving NOTE: If the crime committed is punishable by moral turpitude. when such gift. the public officer is liable under Article 208 and direct bribery. present person who shall have made the offers or or other valuable thing is giving by promises or given the gifts to the public officer reason of the former’s official position  The crime is attempted if the offer. Any private person who gives.