CRIMINAL LAW REVIEWER

John Ree Esquivel-Doctor |2016

BOOK TWO a war time crime. It can only be committed in times of
Crimes and Penalties war. In times of peace, treason remains to be a dormant
crime but the moment emergency arises, the moment
TITLE ONE war erupts, treason is immediately put into effect as a
Crimes Against National Security and crime, as a means of self-defense for self-preservation
the Law of Nations on the part of the Philippine government.

CHAPTER ONE Treason is a war time offense because there are only
Crimes Against National Security enemies, there are only traitors in times of war. In times
if peace, there are no enemies. The Philippines have no
SECTION ONE enemies. When you say enemies, it means the citizens
of another country in which the Philippines is at war.
Treason and Espionage
The NPA’s, the MNLF they are not considered as
ART. 114. Treason. - Any Filipino citizen who enemies of the state because they are also Filipino
1. levies war against the Philippines or citizens. What you consider as enemies are the enemy
2. adheres to her enemies, troops that belongs to another country. And in times of
3. giving them aid or comfort within the peace, there are no enemies. The Philippines have no
Philippines or elsewhere enemies, hence treason will never be put into effect.
shall be punished by reclusion perpetua to death and
shall pay a fine not to exceed P100,000 pesos. The second element refers to the offenders who may
commit the crime of treason. He could either be a
No person shall be convicted of treason unless Filipino citizen because he owes permanent allegiance
1. on the testimony of two witnesses at least to the to the Philippine government or he could also be a
same overt act or foreigner even he is temporarily residing in the
2. on confession of the accused in open court. Philippines he becomes liable for the crime of treason
the moment he commits treasonable acts.
Likewise, (1) an alien, (2) residing in the Philippine
Islands, who commits acts of treason as defined in This is so because while this foreigner or alien is in the
paragraph 1 of this Article shall be punished by prision Philippines, the Philippine government also gives him
mayor to death and shall pay a fine not to exceed the same protection the government is giving to his own
P100,000 pesos citizens. Hence, in return these foreigners owe
temporary allegiance to the Philippine government.
Treason is committed by any Filipino citizen who in
times of war in which the Philippines is involved either The third element of treason provides for the means of
levies war against the Philippine Government or committing treason. And there are two means of
adheres to the enemy by giving them aid or comfort. committing treason:

ELEMENTS 1. By levying war against the Philippine
government and the other
1. There is a war in which the Philippines is
involved. Levying of war requires the concurrence of two
2. Offender is either a Filipino citizen or a elements. First, there must be an actual
foreigner, an alien residing in the Philippines. assembly of men and second, it is for a
3. Offender either levies war against the treasonable design by means of force.
Philippine government or adheres to the enemy
by giving them aid or comfort. So it is necessary that Filipinos must be in
collaboration with the enemy troops. That is
The first element requires that the Philippines must be levying war against the Philippine government.
at war. So the Philippines is involved in the said war.
The Philippines is a party to the said war. The Filipinos who wants to commit treason
connives or conspire with the enemy troops in
Treason therefore is a war time offense. In the old case order to hand over the Philippine government
of Laurel v. Singson, the Supreme Court said, treason is to the enemy troops. There is levying of war
against the Philippine government.

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CRIMINAL LAW REVIEWER
John Ree Esquivel-Doctor |2016

2. By adhering to the enemy by giving them aid or Extra-judicial confession is not a means of proving
comfort. treason
Likewise, treason can be proven by means of confession
The other mode of committing treason is by given by the accused in open court. So extra-judicial
adhering to the enemies by giving them aid confession is not a means of proving treason. It must be
or comfort. Adherence to the enemy means that a judicial confession made in open court.
the Filipinos who is committing treason,
emotionally and intellectually favor the enemy. What if in times of war in which the Philippines is
involved, in the course of committing treason the
So it’s an internal state of the mind. So how do you show offender killed another Filipino? So in effect he
it? How do you manifest it? committed murder, he committed homicide or inflicted
It is manifested by means of acts of giving aid or comfort physical injuries on another Filipino? Will such act of
to the enemies. So both adherence to the enemies and injuring another person, killing another person give rise
giving aid or comfort must concur, must be together. to a separate and distinct crime aside from treason?
Mere adherence to the enemies will not give rise to No. These common crimes committed in furtherance of
treason. treason are absorbed in the crime of treason because
they are known as atrocities of war. Hence, you only
Strengthen the defense of the enemy and weaken the charge the offender with one crime and that is treason.
defense of the Philippines The murder, the killing, the physical injuries, the
Mere giving aid or comfort to the enemies will not give burning of houses committed, they are considered as
rise to treason. It is necessary that giving of aid or part and parcel and therefore, they are absorbed in the
comfort must be the manifestation of the adherence to crime of treason.
the enemies. When you say giving aid or comfort to the
enemy, it means giving the enemies information, giving ART. 115. Conspiracy and proposal to commit treason;
them transportation, arms and other things which will Penalty. - The conspiracy or proposal to commit the
strengthen the defense of the enemy and weaken the crime of treason shall be punished respectively, by
defense of the Philippines. prision mayor and a fine not exceeding P10,000 pesos,
and prision correccional and a fine not exceeding P5,000
In the old case of People v. Perez, the Supreme Court pesos.
has ruled that the act of commandeering women giving
women to the enemy troops is not considered as a What if there is a war in which the Philippines is
treasonable act. It may have strengthened the enemy involved, A, B, C and D conspired with one another in
but such effect is only medial in nature, it will not order to commit treason against the Philippine
weaken the defense of the Philippines. Hence, the act of government. After their agreement, A went to his friend
commandeering women in times of war according to the X and he told X about his conspiracy together with B, C
Supreme Court is not a treasonable act. and D to commit the crime of treason against the
Philippine government. After divulging the same plan
TWO WAYS OF PROVING TREASON to X, A left. X, despite knowledge of such conspiracy to
commit treason of A, B, C and D did not disclose it to
1. Testimony of two witnesses, at least to the same the proper authorities. What is/are the crime/crimes
overt act which is otherwise known as the “two committed by A, B, C, and D as well as X?
witness rule”. A, B, C and D are all liable for conspiracy to commit
2. Confession made by the accused in open court. treason, whereas X will be liable for Misprision of
So it must be a judicial confession made in open Treason. A, B, C and D are all liable for conspiracy to
court. commit treason because they conspired with one
another to commit the crime of treason.
Treason cannot be proven by mere circumstantial
evidence There is conspiracy to commit treason when two or more
The first way of proving treason requires two witnesses. persons come to an agreement concerning the
Therefore, treason cannot be proven by mere commission of treason and they decide to commit it.
circumstantial evidence. There must be direct evidence;
someone had seen the perpetrators of the crime doing There is proposal to commit treason when a person who
the same overt act. decided to commit the crime of treason proposes its
execution to another person.

145

CRIMINAL LAW REVIEWER
John Ree Esquivel-Doctor |2016

ART. 116. Misprision of treason. – 1.1.4. military
Every person owing allegiance to (the United States) 1.1.1.4.1. establishment or
the Government of the Philippine Islands, 1.1.1.4.2. reservation
1. without being a foreigner, and 1.2. to obtain any
2. having knowledge of any conspiracy against 1.2.1. information,
them, 1.2.2. plans,
3. 1.2.3. photographs, or
3.1. conceals or 1.2.4. other data of a confidential nature
3.2. does not disclose and relative to the defense of the
3.3. make known the same, Philippine Archipelago; or
4. as soon as possible to the 2. Being in possession, by reason of the public
4.1. governor or office he holds, of the articles, data, or
4.2. fiscal of the province, or information referred to in the preceding
4.3. the mayor or paragraph, discloses their contents to a
4.4. fiscal of the city in which he resides, as the representative of a foreign nation.
case may be,
shall be punished as an accessory to the crime of The penalty next higher in degree shall be imposed if
treason. the offender be a public officer or employee.

There is misprision of treason when a Filipino citizen TWO WAYS OF COMITTING ESPIONAGE
who has knowledge of a conspiracy to commit treason
failed to divulge it, failed to disclose it to the proper 1. By entering any warship, fort, naval, military
authorities as soon as possible. establishment or reservation without authority
therefor for the purpose of obtaining any
Who can commit misprision of treason? information, plans, photographs or other data of
Misprision of treason can only be committed by a confidential nature relative to the defense of the
Filipino citizen, one owing permanent allegiance to the Philippines.
Philippine government. 2. By disclosing to a representative of a foreign
nation the contents of the articles, data or
Treason can be committed both by a Filipino citizen and information of confidential nature relative to
an alien or foreigner but misprision of treason can only the defense of the Philippines which he has in
be committed by a Filipino citizen, one owing his possession by reason of the public office that
permanent allegiance to the Philippine government. It he holds.
cannot be committed by an alien residing in the
Philippines. The moment he fails to disclose a Treason, conspiracy or proposal to commit treason, as
conspiracy to commit treason of which he is well as misprision of treason they can be committed only
knowledgeable of as soon as possible to the proper in times of war but espionage can be committed both in
authorities then he becomes liable for misprision of times of peace and in times of war.
treason.
Under the first mode of committing espionage, the
Misprision of treason is a crime independent of treason. offender can be any person. He can be a public officer or
When the law says that he should be punished just like employee. He can be a private individual. He can be a
an accessory to the crime of treason, it means that the foreigner. He can be a Filipino citizen. The gravamen,
penalty will be equivalent to that of an accessory to the the essence of the crime is the act of entering a military,
crime of treason. Therefore, two degrees lower from that fort, naval, establishment for the purpose of obtaining
of the penalty prescribed for the crime of treason. information, plans, photographs or other data of
confidential nature relative to the defense of the
ART. 117. Espionage. - The penalty of prision Philippines.
correccional shall be inflicted upon any person who:
What if a Filipino citizen enters a Filipino warship, you
1. Without authority therefor, do not know his intention, the moment he enters the
1.1. enters a said warship without any authority therefor, of course
1.1.1. warship, the law presumes that his intention is to obtain such
1.1.2. fort, or information of confidential nature relative to the
1.1.3. naval or defense of the Philippines.

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who. only arise if there is a declaration or regulation issued by a competent authority and forcing neutrality in a war Inciting to War or Giving Motives for Reprisals is between two countries. person who (1) in time of war. act of disclosure. ART. he becomes liable for violation of neutrality.1. (2) shall have correspondence with an enemy country or territory Remember the news before about the sultanate of Sulu occupied by enemy troops shall be punished: who went to Sabah without the authority of the Philippine government claiming that based on heritage. 118. He is the kind of public officer who can 1. . So intention is to obtain this confidential nature relative to among that crimes which could have been filed against the defense of the Philippines. and that of prision mayor upon any private individual. 1. exposes Filipino citizens to reprisals on their 3. divulging to a representative of a violates any regulation issued by competent authority foreign nation the contents of these data which are of for the purpose of enforcing neutrality. Filipino citizens in any public officer or employee can commit the crime Sabah suffered reprisals on the persons or property by because the public officer or employee must be in reason of his acts. Hence. Even if there is a war with two committed when the offender performs unlawful or countries and the Philippines is not a party to the said unauthorized acts. upon any public officer or employee. if the correspondence this Sabah belongs to his family. that sultanate of Sulu has died a month ago. our Filipino citizens in Sabah were treated 147 . So the Section Two. by unlawful or unauthorized acts neutrality. him is inciting to war and giving motives for reprisals because he performed acts would make liable to cause Under the second mode of committing espionage. 120. 119. any Philippines or give occasion or reprisals on the persons Filipino citizen who would side with one country is not or property of Filipino citizens in another country. data or information of a crime. provokes or gives occasion for a war 2. liable to involve the Philippine Islands or issued by competent authority enforcing neutrality 3. if there is no declaration coming from the occasion to war involving or liable to involve the Philippine government that he should stay neutral. Philippines is not involved in the said war but the Provoking war and disloyalty in case of war Philippine government. his acts are 2. and right to just go there and claim that Sabah is ours. property. has been prohibited by the Government. .1. ART. involving or Essence of the crime is the violation of the regulation 2. He has no carried on in ciphers or conventional signs.Any may get the Philippines into war. a competent authority coming from the Philippine government issued a declaration. and these acts provoke or give war. if such correspondence be unauthorized by the Philippine government.2.The penalty of So he has the authority to possess these data or prision correccional shall be inflicted upon anyone who.The penalty of reclusion temporal shall be imposed in the said war. revelation saying that the Philippines shall stay neutral . confidential nature relative to the defense of the Philippines. and unauthorized by the Philippine government and these acts that he performs may give occasion to war. confidential nature relative to the defense of the Philippines by reason of his public office that he holds. Whether his claim is valid or not. Correspondence with hostile country . on the occasion of a war in which the commit the crime. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 The fact that he enters the said place without authority cruelly by the Malaysian government. a ART. information. Based on the therefor means there is a presumption that his news. By prision correccional. Violation of Neutrality is committed when there is a war and the Philippines is not a party to the said war.2. That was his claim. he can be held liable for this possession of articles. Violation of neutrality. The moment any person violates this declaration of 1. Inciting to war or giving motives for reprisals. As a result. 2. the the Philippines to enter into war with the Malaysian offender can only be a public officer or employee but not government and not only that. liable because the essence of the crime is the violation of the regulation issued by competent authority So here the offender performs acts which are unlawful enforcing neutrality. And the essence of the crime is the Government is not involved. By prision mayor. persons or So in the crime of violation of neutrality the crime will 3.

By reclusion temporal. So the Philippines is at war with country A then a Filipino citizen. any In case of correspondence with hostile country it is Filipino citizen may go to that country provided that necessary under the: there is no regulation issued by competent authority prohibiting such flight to the enemy state. First mode that is making correspondence is when there is a prohibition which wherein the crime totally prohibited by the Philippine will arise. there must be a regulation coming from the Philippine government that totally there is no correspondence between the Philippines and the enemy state. prohibiting flight to the enemy country. There is a war in which the Philippines is involved and a competent authority issued a prohibition of making any correspondence. death. Therefore. (2. but if there is no regulation coming from the Philippine government prohibiting the making of correspondence.1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 3. the essence of the crime is the violation of the conventional signs or contains notices or information regulation issued by the competent authority which may be useful to the enemy state. Again. If there is a prohibition coming from the Philippine government to make any correspondence even if the correspondence contains nothing but a simple “Hi” the crime will arise. he shall country when prohibited by competent suffer the penalty of reclusion temporal to authority. 121. even if the Philippines is at war with another country. has a pen pal who lives in country A and so he wrote a small note and that small note only says “Hi! I miss you! Mwa mwa” Is he liable for the crime? Yes. 1. 4.) attempts to flee or (2. there is a war in which the Philippines is Correspondence with Hostile Country is committed involved and a competent authority of the Philippine when there is a war in which the Philippines is involved government issued a regulation prohibiting flight to the and the offender makes correspondence with the enemy enemy country and the offender attempts to flee or to go country or a territory occupied by the enemy troops and to the enemy state. the crime will only arise if carried out in ciphers or conventional signs and contains notices and information which may be useful to the enemy. 148 . Flight to enemy country. enemy. owing allegiance to the Government. government. He is liable for the crime because there is a prohibition coming from the Philippine government to make any correspondence. the said correspondence is either prohibited by the Philippine government or carried on in ciphers or Again. .2) go to an enemy giving such notice or information. 2. X. If the offender intended to aid the enemy by 2. It is only 1. if notice or information ART. If there is no regulation prohibiting correspondence the crime will only arise if the said correspondence is carried out in ciphers or conventional signs or if it contains notices or information which may be useful to the enemy.The penalty of be given thereby which might be useful to the arresto mayor shall be inflicted upon any person who.

Thereafter they boarded another vessel. in the vessel or personal properties inside the said 2. not being a member of its complement nor a vessel.A. equipment they may disagree to the lawful command of the captain or personal belongings inside the said vessel. whole or part of the cargo of said vessel. shall seize the On the other hand. 1993. In robbery the thing taken is the personal property of 1. the 2. Hence. in case of mutiny the elements are: 2. In case of piracy. Mutiny and Qualified Mutiny. The third element provides that offenders either attack All the elements are present. December 13. perpetua shall be inflicted upon 1. 1. they seized the cargo. and is now considered as act of terrorism under R. the offenders are necessarily members of the 3. 119 As amended by R. 7659 Sec. passenger. Offenders cause an unlawful resistance on the on high seas or in Philippine waters. bringing about a commotion at the circumstance inside the ship. shall attack or seize a taken is either the vessel itself or the cargo. 2. ELEMENTS OF MUTINY 2. they must be vessel. the equipment or personal the complement or passengers of the vessel.3. There is a 1. the equipment of the said vessel.1. The offenders. Therefore. on the high seas. The offenders must necessarily be members of the complement or passengers of the vessel.The penalty of reclusion persons or properties or use of force upon things.2. We have Piracy. demand of the captain of the ship. there are only four crimes committed 3. 2. in case of mutiny. suddenly there were four The offenders must be persons coming outside the men. Under title one. or the offended party whereas in case of piracy the thing 1. They must not be members of the complement or point they took the cargo. the crime committed is piracy under article 122. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Section Three. Qualified Piracy. mutiny. .1. Essence of mutiny is that of sedition ELEMENTS OF PIRACY So if the essence of piracy is that of robbery. Who may be the offenders? vessel is on Philippine waters. So the vessel in piracy is either on Philippine waters or What if the vessel is on Philippine waters.1. the four men are not members of whole or part of the cargo.1. is/are crime/s committed these four men? These four men are liable for piracy under Article 122. Essence of piracy is that of robbery Piracy and mutiny on the high seas or Based on these elements. its equipment or 2. it is evident that the in Philippine waters gravamen or essence of piracy is that of robbery .2. The offender is not a member of its complement offenders must be strangers to the vessel but in case of or passenger of the vessel. element. The four men boarded the said vessel and at gun vessel. What strangers to the said vessel. in Philippine waters. equipment vessel or. any person who. there is piracy when the following elements are present. 2. The vessel is on Philippine waters or in the high commotion. While the on the high seas. the equipment of the said passengers of the vessel. Piracy in general and mutiny on the high seas intimidation and it is committed with violence against or in Philippine waters119. And last belongings inside the said vessel.1. lawful command of the captain of the ship. The vessel is in Philippine or seize the vessel itself or the offender either seize the waters.A. 9372 149 .1. passengers. The vessel is also either on Philippine waters or The same penalty shall be inflicted in case of mutiny on on the high seas the high seas or in Philippine waters. 122. The offender either attack or seize the vessel or complement and passengers of the vessel because only seize the whole or a part of the cargo. of the ship. Under Article 122. there is a thing or property and it is done with force or ART. There is a disturbance against the lawful seas. the essence is that of sedition.

the Anti-Piracy Law of 1974. means of violence against person by use of force upon things by any person. PD 532 does not apply. in conspiracy with one another took away the vessel. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 What if the vessel is on Philippine waters then the vessel in conspiracy with one another took the cargo and members of the complement and the passengers of the equipment of the said vessel then they boarded another vessel. So article 122 not be members of the complement of the said vessel. and the equipment of the vessel. . The vessel is on Philippine waters. members of the complement and passengers of the 3. The crime committed is still piracy. a huge wave. equipment or personal belongings therein piracy involved does not fall in the RPC and PD 532 will irrespective of the value thereof.1. offenders are not members of the complement or 2. It is not piracy under PD 532 because in 532 the vessel must be on Philippine waters and in the problem that I So what is the crime committed? gave the vessel is on the high seas. a disturbance in the vessel against the lawful command of the captain of the ship.A. the members of the be on Philippine waters and acts of piracy may be complement and passengers of the vessel did not agree committed by any person. Hence it cannot be piracy Is it piracy under article 532? under article 122. the 1. So the crime 3. Since article 122 punishes with the captain of the ship. 3. the offenders are members of the said problem the crime it still piracy. but it is piracy complement and passengers of the vessel and there was under PD 532.2. Whenever they have seized a vessel it is piracy under article 122 because all the elements 1. While the vessel committed is Mutiny. is on the high seas suddenly four men entered the said Art. And so they tied the acts of piracy committed by persons who are outsiders captain of the ship and directed the vessel towards to the said vessel then in order to reconcile PD 532 Mindoro. So since cargo. However. Second. What crime/s is/are committed vessel? by these members of the complement or passengers of It cannot be piracy under article 122 because under the vessel? article 122 piracy is committed by strangers to the It cannot be piracy under article 122 because the second vessel.2. including members of the What if the vessel is on Philippine waters on its way to complement. the UNDER PD 532.3. So the captain of the ship decided to rest the So in case of piracy under Article 122. firing upon the same. Whenever the pirates have abandoned their passengers of the vessel and the offenders took the cargo victims without means of saving themselves or. 3. 123.1. 120 Only reclusion perpetua may be imposed under R. rape.4. 9346 150 . physical injuries or time. What crime is committed by the conspirators.The penalty of reclusion vessel and at gun point they took the cargo and perpetua to death shall be imposed upon those who equipment of the said vessel. As a result. Whenever the crime is accompanied by committed is piracy under article 122. piracy is committed by attacking or crime committed is robbery in an uninhabited place seizing the vessel or seizing in whole or in part the because as I said piracy is akin to robbery. a commotion. the offenders are members of the element of Article 122 provides that the offenders must complement and passengers of the vessel. murder. In the problem. Same problem. in the Philippine waters. What crime is then committed by members of punishes offenders who are members of the complement the complement and passengers of the vessel? and passengers of the vessel while the vessel is on The crime committed is mutiny. So in the problem that I gave. So the crime What if the vessel is on the high seas. under any of the following circumstances: The crime committed by four men will still be piracy and 1. Qualified piracy120. by boarding or are present. the problem. passengers of the vessel while the vessel is Mindoro? While on its way to Mindoro suddenly there is in Philippine waters. homicide. What crime is committed commit any of the crimes referred to in the preceding by the four men? article. In would not apply. the offenders are members of the complement of the vessel. cargo and the equipment inside the said vessel and members of the vessel as well as the passengers of the boarded another vessel. the vessel is on the high seas but this 3. The vessel is on the high seas. the big wave endangered the said vessel. the crime committed will be Robbery. Therefore. It is piracy under PD 532. and is committed by not apply. So since article 122 of the Revised Penal Code and PD 532 do not apply. the vessel must vessel near the seashore.

These two men point the gun to the passengers of the vessel to give to Related to these crimes against National Security is them their valuables. the additional crime of acts of lasciviousness. They both are liable for offenders have seized a vessel by boarding of firing upon piracy because they boarded the vessel and they took the same. So both will be liable for piracy but that other seized for the circumstance would qualify as piracy. So they will not board the said vessel. Therefore. said vessel. homicide. for piracy to be qualified under the first the valuables. physical injuries or themselves. whenever the crime is abandoned their victims without means of saving accompanied by murder. It does not state whether it is Philippine registry to change its course or serious. he first touch the breast of the woman with lewd design homicide. whenever the Both men are liable for piracy. boarded the said vessel and at gun point. who aside from piracy circumstance. So it is necessary that the vessel itself must be piracy. physical injuries or rape. homicide. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ELEMENTS OF QUALIFIED-PIRACY because physical injuries was used by law in its generic sense. The other man. man who touched the breast of the woman this time aside from piracy will be also liable for another crime Under the second qualifying circumstance. offenders are necessary inside the treated as circumstances which would qualify piracy. 1. if what they seize is only cargo. Physical injuries is 1. luminaries. less serious or slight. whenever and that is acts of lasciviousness. By compelling the pilot of an aircraft of used in its generic terms. physical injuries or rape and thereafter forcibly took the said necklace. They are absorbed in the that will qualify piracy will no longer qualify mutiny commission of the crime of piracy because they are only because in mutiny. of piracy. only the second and the third circumstances will So the vessel was on Philippine waters. homicide. is less serious it is already qualified piracy seizing or usurping control thereof while the same is in Philippine territory. What crime/s is/are committed by the Under RA 6235. They According to legal luminaries. it cannot be qualified qualify piracy because acts of lasciviousness is not piracy. Two men qualify mutiny. physical injuries or committed by the offenders while committing the crime rape. They will not constitute separate and distinct crimes. whatever destination or by seizing or usurping control crime of physical injuries accompanied piracy it will thereof while it is in flight. the following acts are punished as said men? inimical civil aviation: The men are liable for qualified piracy. What crime/s is/are committed by the said men? Under the first qualifying circumstance. Hence. Piracy would be qualified. If any of these following crimes have been accompanied by murder. the following circumstances would qualify mutiny. the first circumstance will not be also complex. 4 ACTS PUNISHED UNDER ANTI-HIJACKING LAW In qualifying piracy when it is accompanied by murder. Whenever the offenders seize a vessel by boarding or firing upon the same What if in the same problem. What the law says is whenever they have seized among the crimes under article 123 that will qualify a vessel. the crime committed is qualified piracy. it is necessary that it is the vessel itself also touched the private parts of the woman. So even if the physical 2. It will not equipment or personal belongings. when the said lady 2. Whenever the crime is accompanied by murder. the offenders have abandoned their victims without means of saving themselves. Even if there is boarding or firing of the woman with lewd design shall be liable for of the said vessel. (1) first whenever the offenders have Third circumstance. Whenever the pirates have abandoned their passenger who did not want to give the necklace but one victims without means of saving themselves of the men did was that before taking the said necklace 3. 151 . the breast that must be seized. The offenders have What circumstances that would qualify mutiny? committed piracy and they left the victim without According to Reyes and according to the book of legal means of saving themselves. By compelling the pilot of an aircraft of foreign injury that accompanied the commission of piracy is registry to land in Philippine territory or by slight. already become qualified piracy. One of the passengers did not Republic Act 6235 otherwise known as An Act want to give her necklace and so what the man did was Prohibiting Certain Acts Inimical to Civil Aviation more he slapped the woman after then they forcibly took the popularly known as the ANTI-HIJACKING LAW. and (2) lastly whenever the crime is rape. said necklace.

Under the FIRST ACT by compelling the pilot of an Where lies the difference? aircraft of Philippine registry to change its course or If the aircraft is a passenger aircraft. ammunitions. And on the cartolinas were his these first two acts will be qualified by the following demands from the government. 248 . On the other hand. Let’s first distinguish the Philippines materials or substances which are first acts. guns all over his body at the said aircraft of foreign registry is within Philippine gunpoint he boarded the bus and hijacked the bus. As a result the media 2.Kidnapping and Serious Illegal case of piracy. And lastly. 134 – Rebellion physical injury the crime will not then be qualified  Art. the law says serious physical of the following acts punishable under the RPC: injuries. 267 . The PNP was trying to 3. So there was chaos everywhere. the mere act of destination or by seizing or usurping control thereof carrying or loading flammable and explosive substances while it is in flight. If what accompanied the commission of  Art. There lies the opened for purposes of disembarkation. acts. the territory and the seizure and usurpation thereof will children were forced to board the bus. 324 . there is no requisite that it is in flight was parked in Luneta Park and suddenly there comes at the time of the seizure or usurpation. corrosive substances. in case of an aircraft which is of What if there is a bus and the bus is full of children. 122 – Piracy hijacking is only slight physical injury and not serious  Art. aircraft. is allowed. First. government to release his brother who is a member of the NPA who is being incarcerated by the military be 1. Second. explosive. By exploding or attempting to explode any bomb came. X already give rise to a violation of RA 6235. serious physical injuries X was arrested. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 These are the first two acts. under RA 6235 windows of the said bus. Whenever the act of hi-jacking is accompanied mediate so he will surrender but it took them 12 hours. He had arms. to recover and transfer funds to his crew or passenger of the aircraft account in the amount of 2M. flammable substances. by carrying or loading on board a  RA 5207 – Atomic Energy Regulatory and cargo aircraft operating as a public utility in the Liability Act  RA 6235 – Anti. Thereafter X placed cartolinas on the In so far as these two acts are concerned. corrosives or  RA 6969 – The toxic Substances and hazardous poisonous. difference between the third and the fourth act. homicide. told the children to stay inside the bus and nothing will happen to them. the parents of the children came. It suffices that X. terrorism is committed when the offender commits any the law is specific. for the circumstances. By firing upon the pilot or the member of the released. We will notice that third following circumstances. Is X liable for terrorism? How is or rape terrorism committed? These three acts will qualify the first two punishing Under Sec. The third act punishable under anti-hi jacking under the RPC or any of the following crimes law is by carrying or loading on board a punishable under special penal laws: passenger aircraft operating as public utility in the Philippines materials or substances which  PD 1613 – Law on Arson are flammable. But in  Art. the members of the cabinet arrived. Upon entry. by murder.Crimes involving Destruction If the offender commits any of these acts punishable 3. physical injuries is used in its generic Detention term  Art. people from all or explosives for the purpose of destroying the walks of life came. and Nuclear Waste Control Act 4. explosives. That is in case of hijacking. if the aircraft is of Philippine will already give rise to the crime but if the aircraft is a registry it is necessary that the seizure or usurpation cargo aircraft the carrying or loading of poisonous or must take place while the aircraft is in flight. It foreign registry.Murder physical injuries. corrosive or poisonous. 134 A – Coup d’ Etat because the law specifies that it must be serious  Art.Hijacking Law 152 . flammable.3 of RA 9372—Human Security Act of 2007. The crime will only arise if the said carrying or loading An aircraft must is said to be in flight the moment all of these substances is not in accordance with the rules external doors had been closed following the and regulations issued by the Air Transportation Office embarkation until all of these external doors been or the Civil Aviation Aeronautics Board.

sufficient information and substance to bring about and thereafter he is acquitted or the case is dismissed. Prior to the next hearing the judge acted upon on the merits of the case and rendered a decision. an the state after X was acquitted of the crime of terrorism unlawful demand to the government. crimes which are not necessarily included in terrorism. 153 . The absorption is involved  PD 1866 as amended – Decree Codifying the in terrorism. the populace in order to coerce the government to give illegal possession of unlicensed firearms. sow fear What if in the same problem. he can no longer be subsequently prosecuted for any other felony or offense necessarily included in the crime charged. he can no Manufacture. The reason is provided for in section 49 of RA 9372. among the predicate crimes mentioned in section 3. a conspirator will also be liable. one of the minors was and panic among the populace because these are found by X beautiful and so X raped the said Girl. it becomes prosecute him for the crime of rape? Can the state terrorism. can the state still file a case of illegal possession of unlicensed firearms against him because all the ammunitions and firearms in his body were unlicensed? Can the state charge him with serious illegal detention because he detained the children minors for a period of 12 hours? Can the state prosecute him for these crimes considering that he has been acquitted of the crime of terrorism? The answer is no more.Piracy and Anti. Upon his acquittal. mentioned stated in section 3. Under section 4. He must first longer be prosecuted of serious illegal detention. dealing in . commit any of these predicate crimes but such commission of these predicate crimes created. Acquisition or longer be prosecuted of any crime. offenses or felonies necessarily If the offender commits any of these crimes that are included therein? mentioned. whenever a person is charged of an act under RA 9372 based on a valid complaint or information. It is absorbed. the state can still prosecute him of the in the crime of terrorism will be held liable. Ammunitions or felony necessarily included therein. Hence. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016  PD 532 – Anti. Under Therefore. they are not crimes necessary included sections 5 and 6. widespread and extraordinary fear and panic among among the predicate crimes that were mentioned. under section 49 of RA 9372. Can coupled with a demand from the government. this is known as the THEORY OF Robbery Law of 1974 ABSORPTION in terrorism. Such acquittal or dismissal of the case shall be a bar to another prosecution or any other offense or felony necessarily included therein. Therefore. kidnapping and serious illegal detention.Highway Therefore. the crime committed is no longer be prosecuted because illegal possession of terrorism and the penalty is 40 years imprisonment unlicensed firearms is among the predicate crimes without the benefit of parole. During the arraignment he pleaded not guilty. Hence. case of terrorism or dismissal of the case. hence he can in to an unlawful demand. prosecute him of violation of RA 7610? The answer is yes because rape and RA 7610 are not In case of terrorism not only the principal is liable. Therefore. A person who has been acquitted for the Laws on Illegal and Unlawful Possession. thereby sowing or creating a condition of The predicate crimes that were mentioned. Explosives What are these crimes. he can no So that is how terrorism is committed. The judge acquitted X of the crime of terrorism. What if in the same problem. of any offense or Disposition of Firearms. even an accomplice and an accessory therein. so let us say that X was charged with the crime of terrorism.

– Any (1) public officer officer or employee or employee who. That of reclusion temporal. if the detention public officer or employee can commit the crime. 3. barangay captain shall have exceeded 6 months. any other ailment requiring the compulsory be a public officer or employees vested with the confinement of the patient in a hospital. the offender must 3. Arbitrary detention by delaying the release of INTERRUPTION. He has continued for more than 15 days but not must be a public officer or employee who is vested with more than 6 months.18. if he acted The in his private capacity. There is detention when the said When you say fundamental laws of the state it is the offended party is in incarceration. or Article 267. In all these instances. shall suffer. 3. requires that the offender detains a person and the 2. authority to effect arrest and detain a person. PROHIBITION. Detention is without a valid ground 1. Not any 3. Arbitrary detention by detaining a person without legal ground under Article 124 Chapter One 2. Police 4. So the acts punished under title two are the intent to restraint of his person or liberty must be acts in violation of the Bill of Rights inscribed in our manifest. (3) detains 2. if the detention officers. Even if the offender is a public officer or employee. The second element requires that the said offender detains another. because the Constitution is the highest whenever there is restraint of his person or liberty. serious illegal detention or 268 slight illegal 2. in captivity or Constitution. The offender is a public officer or employee. evident or otherwise it could be any other Constitution. 124. if the detention has continued more than 3 but not more than 15 Who is the offender? days. The penalty of arresto mayor in its maximum Under Article 124. medium and maximum periods. they can be held for liable arbitrary detention. So law of the land. arbitrary detention is committed by period to prision correccional in its minimum any public officer or employee. if the detention has not exceeded 3 days. The penalty of prision mayor. Arbitrary detention. Detention. within 12. The third element requires that detention was without legal grounds. Arbitrary detention is committed by any public ART. judges. commission of a crime. members of congress. shall be considered legal grounds for the detention of any person. The second element period. Arbitrary detention by failing to deliver the detained person to the proper judicial authorities ARBITRARY DETENTION OR EXPULSION. Offender detains a person a person. there is no valid ground for detention. 154 . the liability is either under 1. The first among these is Arbitrary crime but not arbitrary detention. So in arbitrary detention. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Title Two THREE KINDS OF ARBITRARY DETENTION. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. The penalty of prision correccional in its third element that detention is without a valid ground. and authority to effect arrest and detain a person. (2) without legal grounds. violent insanity or detention. AND DISSOLUTION OF prisoners despite the judicial or executive order to PEACEFUL MEETINGS AND do so under article 126 CRIMES AGAINST RELIGIOUS WORSHIP ELEMENTS OF ARBITRARY DETENTION UNDER Section One. 36 hours under article 125 VIOLATION OF DWELLING. Detention is without legal grounds if detention is not based on a warrant of arrest or when the said offended party was arrested and his arrest does not fall under the circumstance of a valid warrantless arrest or when the said offended party is suffering from insanity or any other ailment which requires compulsory confinement. ARTICLE 124 Arbitrary detention and expulsion 1.

for crimes or offenses punishable by do it. said commission of snatching cellphones but he will not 2. He was being compelled to admit to the always snatching cellphone. Having violated LTO rules and detention. the incarceration is without valid ground. it cannot be regulations he must only be given a ticket but that is said that there is arbitrary detention. X however was firm he did not admit the said snatching and so he 121As amended by E. valid warrantless arrest 3. That was in the morning. respectively. he was just there near the lamp post. not sufficient for him to be placed behind bars. He was not being placed behind bars. for purposes of investigation otherwise if he does not He came back in the afternoon and released the said come back the next time they see him they will kill him. however the investigating officer was not around. So he was brought to the investigation room however. 155 . 36 hours. or their that he will return after two hours asking X if he is equivalent. for crimes or offenses punishable by investigator. X would get out of the precinct and arbitrary detention? ask if the investigator is in but if the investigator is out Yes. The said investigator told him to admit the light penalties. Hence. the detention is without The arresting officers are not liable for arbitrary legal ground. or their equivalent and will going to admit the crime he will stay in the precinct. Detention is by virtue of a warrant of arrest Again the answer is no because there is no 2. since What if a driver entered a one way street? Despite the the investigating officer was not around so the arresting sign in the street that entry is prohibited he entered the officer told him that he needs to be investigated and street. it could be any other crime but not arresting police officer said he must be investigated arbitrary detention. X was a suspect for coercion. 18 hours. he would again leave. 59 and 272. and a traffic enforcer arrested him. Are the arresting officers liable for arbitrary detention? 1. Nos. he was investigated by the 1. If the detention is based on the circumstances of a manifestation to detain the person. If a persons is suffering from violent insanity or any Next question suppose we are in the latter part of book other ailment requiring compulsory confinement II. The police What if we are in the latter part of book two. ready to admit the commission of the crime. arbitrary detention to lie there must be a manifestation he was arrested by the police officers and he was on the part of the public officer to detain a person. . It is the fact that is imposed in him that if upon the (1) public officer or employee who (2) shall he does not come back to be investigated they will kill detain any person for some legal ground and (3) shall him. placed him that he can leave but he must make sure to come back behind bars. person. for crimes. brought to the nearest police station. There is no regulations is not a valid ground for incarceration or detention. At the time the police saw commission of the crime against his will. 1987. Hence. or their equivalent. He was not placed in captivity. he told the police officers and investigators afflictive or capital penalties.The penalties threats because they threatened to kill him if he will not provided in the next preceding Article shall be imposed come back. He detains a driver. What if in the same problem. 7. The next officer is liable of arbitrary detention. 12 hours.O. The obvious question if he is not liable for arbitrary detention. what crime then is committed by the arresting police officers? What if the police officers were conducting a patrol and The arresting police officers are liable for grave they saw X near the lamp post. So for him. 125. So the arresting police officer told him unless he correctional penalties. or offenses punishable by Thereafter. Are the police officers liable for He is a public officer vested with authority to effect arbitrary detention? arrest. the Absent that. 3. After which. Under the LTO rules and restrained of his person or liberty. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 VALID GROUNDS FOR DETENTION was released. what intent is to detain him. The crime ART. Thereafter. Delay in the delivery of detained persons to committed by the said arresting officers was grave the proper judicial authorities121. The second element is wanting. then is the crime committed? The crime committed is grave threats. Is the police officer liable for the crime of So because of that. The police left. The police officer is liable for arbitrary detention. fail to deliver such person to the proper judicial authorities within the period of. He was being compelled to do something snatching cellphones and a person attested that he is against his will. 1986 and July 25. Nov.

The offender is a public officer or employee appropriate charge. to The third element requires that the public officer fails communicate and confer at any time with his to deliver the detained person to the proper judicial attorney or counsel. 12 Under section 5 of rule 113 of Rules of court. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 In every case. a peace officer may even equivalent. When a crime in fact has just been committed and arrested to the proper judicial authorities in consonance the police officer has probable cause based on with Article 125 of the Revised Penal Code. That means all their equivalent refers to without a warrant arrest a person: their equivalent even in cases of violation of special penal laws. or their following circumstance. 36 hours offender or releasing of the person upon the posting of for crimes punishable by afflictive penalties or their bail. It does not mean physical delivery of the body of the accused. The fiscal doesn’t belong to the second element requires that the offender arrest and judiciary. But the fiscal The legal grounds being referred to under article 125 cannot accept the bail and order the release of the are circumstances for a valid warrantless arrest. Saturday they could not file a case final sentence or temporarily detained while his courts are closed. 18 hours for crimes punishable by courts that have the power to order the arrest of the correctional penalties or their equivalent. The delivery must be done with the proper 3. because the law says “or their equivalent”. a penal institution or a place where he is serving The following day. information or complaint before the 2. is actually committing or is attempting based on violation of special penal laws. judges of their equivalent. and so they arrested 3. So the fiscal does not belong to the judiciary. He detains a person for some legal ground proper court. delivery means legal. The said public officer fails to deliver the detained judicial authority. the offender is a public officer or employee vested A fiscal a public prosecutor is not within the meaning of with authority to effect arrest and detains a person. The judicial authority. of the accused until upon the posting of the said bail. When the person to be arrested is an escapee from X. Because if a person is arrested by virtue of warrant of arrest he need not be delivered to proper judicial What if the crime committed of the person arrested is a authority. the person detained transferred from one penal institution to another 1. constructive UNDER ARTICLE 125 delivery. equivalent Is the fiscal within the meaning of judicial authority? Again. authorities. What are these legal grounds being referred to in Article 125? The fiscal can only recommend bail. So the detention referred herein is by virtue violation of a special penal law? Is the arresting police of a valid warrantless arrest. the filing of the 1. person to the proper judicial authorities within 12 hours for the crime punishable by light felonies or Judicial authority refers to courts of justices. shall be informed of the cause of his detention (Escapee) and 2. placed him behind bars. the arresting to commit a crime (In flagrante Delicto) police officer has the obligation to deliver the person 2. That was Friday evening. case is pending or has escaped while being Monday was declared a special non-working holiday courts are close so the arresting police officers filed the 156 . Sunday. personal knowledge of facts and circumstances that the person to be arrested is the one who committed What if the police officers were conducting a patrol and the crime (Hot Pursuit) they saw X in the act of stabbing Y. and the President and not Chief Justice Sereno. under the hours. It refers to delivery. The head of the fiscal is Secretary De Lima detains a person for some legal ground. Therefore. ELEMENTS OF ARBITRARY DETENTION The word DELIVER. Only the judges are this does not differ to a circumstance wherein allowed to fix the bail and order the temporary liberty incarceration is by virtue of a valid warrant of arrest. Note accused for temporary liberty. officer mandated to follow article 125? Is the arresting police officer required to deliver the accused to the So what are these valid warrantless arrest proper judicial authorities? circumstances? Yes. shall be allowed upon his request. That in his presence the person to be arrested has the crime for which the offender is being arrested is committed. courts are also closed. even if the crime committed or 1. for crimes punishable by light penalties.

Are the for the director of prisons or jail warden to abide to such police officers liable for arbitrary detention under order will make them liable for delaying release. correccional shall be imposed upon any public officer or 3. Failure 157 . or unduly delays is he liable of delaying release? 2. 18. complaint or information. 18. These 12. or that there is a proceeding upon a petition for the ART.The penalty of prision liberation of such person. the proceedings upon any petition for the drugs which is a non-bailable offense. 2. the performance of any judicial or executive appear. article 125? No. Performance of such judicial or executive order Islands or for the release of the prisoner 2. shall expel any person from the Philippine b. . of the jail warden to do so will make them criminally It refers only to time that courts are open to receive the liable under Article 126. the delay in the performance of the judicial order or the 2. The filing of the case. Expulsion. Offender unduly delays the: employee who. upon receipt of such order did not release the prisoner. After a preliminary investigation the fiscal liable under article 125. The police officers are not a prisoner. even if liberation of such person. Offender is a public officer or employee An example of a judicial order for the release of a 2. and so the judge provisionally dismissed the order case and in the said order of dismissal the judge ordered 1. release of the prisoner or detention prisoner. any public officer or employee In so far as illegal possession of dangerous drugs is 1. 36 hours refers to working hours. illegal possession of dangerous drugs and the other is selling of dangerous drugs. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 case Tuesday only 8 oclock in the morning. Proceedings upon the petition for the release of residence. 126. In this case the judge 3. Offender is a public officer or employee. you What if a person is accused of two crimes? One is for do not include that to the 12. prisoner.1. . So whenever the courts are closed to receive the complaint filed against them. Compels a person to change residence provisionally dismiss the case.2. 18 and 36 hours.The penalties provided for dangerous drugs is raffled to RTC Branch 6 and the in Article 124 shall be imposed upon selling of dangerous drugs is raffled in RTC Branch 83. the judge b. Delaying release.2. if the said public officer has a reason for such non-performance to the said judicial ELEMENTS order he cannot be held liable. 127. 1. the service of the notice of such order to said The answer is no because he still has a pending case prisoner or before Branch 83 and the case is selling of dangerous 2. failure hours. Expels any person from the Philippine failure of the fiscal to produce any witness. Therefore. Service of notice of such order to the prisoner 1.1. He either: prisoner let say for example the judge because of the a. the delivery was made beyond Example of an executive order issued for the release of 36 hours under Article 125. a. such prisoner Expulsion is committed by any public officer or The crime will only arise when the said public officer or employee who expels any person from the Philippines or employee without valid reason delays the performance compels a person to change residence when in fact he is of the judicial or executive order for the release of a not authorized by law to do so. who delays for the period of time specified concerned the fiscal failed to present any witnesses. the therein PDEA agent who tested the dangerous drugs did not 1. The department of justice has finds no probable cause against the accused and the issued an administrative circular interpreting 12. Therefore. The illegal possession of ART. The jail warden prisoner. There is a judicial or executive order for the executive order of release is only without valid reason. for the release of a prisoner or detention the immediate release of the accused. not being thereunto authorized by law. the other case was already been provisionally dismissed the jail warden has all the right to continuously detain ELEMENTS OF DELAYING RELEASE him because he is still holding trial for another case— sale of dangerous drugs. 36 fiscal will order the release of the said prisoner. Offender is not authorize do so by law will issue an order for the release of the accused. shall compel such person to change his c. So the crime will only arise if 1.

Having surreptitiously entered said dwelling and being required to leave but he refuses to leave. or The third element provides for the ways of committing 2. the power to implement a search but at the court. 158 . (2) not So. Against the will of the latter residence. So who may be the offender? 2. offense be committed in the night-time. He enters the dwelling of another either: Philippines or to compel a person to change his a. 1. If the 1. Searches papers or effects found therein without and maximum periods. If the place where he is compelled not to enter time of the search he is not armed with the search is his place of residence. Having surreptitiously entered said dwelling he can deport a person from the Philippines to and being required to leave but he refuses to another country.1. without the previous consent of such owner. compelled to change his residence. the penalty shall be prision correccional in its medium 2. owner thereof. A judge can compel a person to change his The offender is a public officer or employee but not all residence. The offender is a public officer or employee 2. and Judicial authority means a judicial order. If the offender is a public officer or employee but he Section Two. warrant. having surreptitiously entered said dwelling. of the latter. conduct a search he must present to the owner or the possessor of the house or the dwelling. therefore he can be warrant. c. This power is exercised by the leave Bureau of Immigration as the alter ego of the President. being required to leave the premises. it is a search 2. 2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 PERSONS GIVEN THE AUTHORITY TO EXPEL A ELEMENTS PERSON FROM THE PHILIPPINES OR COMPEL A PERSON TO CHANGE HIS ADDRESS 1. correccional in its minimum period shall be imposed upon (1) any public officer or employee who. That he is not authorize by judicial authority to There are certain public officers or employees who are enter the dwelling of another given the authority to expel a person from the 3.2. By entering the dwelling of another against the will search made by the offender. they are authorized by law to do so. acted under his private capacity the crime is not Violation of domicile violation of domicile rather it can be trespass to dwelling or trespass to property under Article 280 or ART. of a crime be not returned immediately after the 1.2. Before a public officer or employee may 2.1. b. . in order for the crime of violation of domicile be being authorized by judicial order. 128. previous consent of such owner 3. if any papers or effects not constituting evidence the crime of violation of domicile.The penalty of prision 281. Violation of domicile. search papers or other effects found therein The second element provides that the offender is not 1. He a crime wherein the penalty imposed upon him is must be a public officer acting under color of authority. President who has the inherent deportation power. shall enter any dwelling against the will of the employee acting under colors of authority. shall refuse to do so. He searches papers or effects found therein without previous consent of such owner 1. for example a person who is convicted of public officer or employee can commit the crime. authorized by judicial authority to enter the dwelling of or another. destierro where the convict is prohibited from that means that the public officer or employee has the entering a place entered in the judgment of the authority. committed the offender must be a public officer or 1.

door is open. without previous consent of such owner What about the fact that he refuses to leave? Under the second act. Second act is also not present he of entering which does not mean without the consent of has not yet conducted a search. he is not liable for violation of domicile. Implied Prohibition— an implied prohibition or opposition is when the door of the house is close. Without the previous consent of act which would irritate or annoys the said owner of the the owner having granted him to search. But the opposition is when the said owner of the house told police officer did not leave but he stayed put in the the public officer that he cannot enter the house. express. and then the owner of the house said “you cannot The door of the house is open and a police officer who conduct any search because you are not armed with a wanted to conduct a search entered the house all the search warrant”. The first that the entry is done candidly. is the police officer liable for violation when there is a note which states that “no entry” or of domicile? no one is allowed to enter. the owner opened discovered the entry and asked the public officer to it and allowed the police officer to enter. it is necessary that the entry is therefore there is an implied opposition to enter his done surreptitiously. This time. the offender searches papers or The fact that he refuses to leave only annoyed the owner effects found therein without previous consent of such of the house. Is leave the police officer liable for violation of domicile? Yes. opposition to enter. he went to the second floor of the house 2. search would amount to violation of domicile. Is the police officer liable for violation of domicile? 159 . Nevertheless the police officer way to the second floor of the house. He is already liable because the door is close. officer said they are looking for stolen car stereo in the area. officer entered. Under the third act. entering surreptitiously mean entry therefore is against the will of the owner. before question is what is the crime committed? conducting the search he must first seek the previous The crime committed is only unjust vexation. Even if the public officer is allowed to enter the dwelling by the owner of the house that doesn’t mean Let us say we are in the latter part of book II. any conduct of house but it is not violation of domicile. SECOND ACT: Searches papers or effects found therein He has not yet conducted a search. rather it is the refusal of the public officer to leave when the owner of the house The police officer knocked at the door. therefore it is not an entry against the will. Therefore. owner. or house. these are express Still. it is any consent of the owner. the police means nobody is allowed to enter. This moment the door is open. Entry against the will means there is an present since the door is open anybody can enter. The permission to allow the public officer to conduct a police officer who wanted to conduct a search open the search. Therefore the said police officer is not liable for violation of domicile. secretly. There is no prohibition or opposition to enter. entry against the will means the act the owner of the house. this What if in the same problem the door is open. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 FIRST ACT: By entering the dwelling of another No. The opposition. there is no prohibition to enter. 1. door and having realized that it is not locked. rise to violation of domicile. Express Prohibition—an express prohibition or and the owner saw him and asked him to leave. Are the police officers liable for house saw him and the owner told him to leave and he violation of domicile? left. it means anybody may enter. there is no violation of domicile. opposition or prohibition can either be implied or It means anybody is welcomed to enter the said house. The owner of the conducted a search. He is not liable for violation of domicile because the against the will of the latter. he entered. The door is open therefore anybody can enter. Once inside the house before conducting a THIRD ACT: Having surreptitiously entered said search the owner of the house saw the police officer and dwelling and being required to leave but he refuses to the owner of the house told him to leave and he left. The police leave after the surreptitious entry. there is a prohibition from entering. Permission to enter does not mean that it is also a The door of the house is close but it was not locked. hence it cannot be said to be against the will of Under the first act. It is not act is already committed which constituted violation of however mean that entering surreptitiously will give domicile even if he left the house. The third act is not also the owner. the second that he is also allowed to initiate the search.

were not immediately they can be held liable for violation of domicile and the returned that will be considered as circumstances to drug paraphernalia cannot be admitted as evidence qualify the crime. violation of Are these drug paraphernalia admissible as evidence domicile is already committed. The search was not conducted when they were about to leave. a police officer would see a contraband— drug Again. Is The said table is near the door where they will pass by the police officer liable for violation of domicile? and it can be evident that there is a drug paraphernalia He is not liable for violation of domicile. There is no violation of domicile. while his eyes is roaming What if in the same problem the owner of the house told around to look for the area where he should search. The third act. In your conducted a search without the precious consent of the constitutional law you have studied under the bill of owner. “hindi sinasadya. they are authorized mandated by law to already give rise to violation of domicile. The said police officer disguised himself as is illegal in nature and they may be held for violation of one of the guest so he entered together with the other domicile. house right now” and the police officer left the house. you are the police officer in the area obeyed. paraphernalia on their way out. It is a different story if they or any instruments or effects found therein which does conducted a search and they saw drug paraphernalia. rights that even if they have not conducted a search. they were allowed to leave but he never left. If the said entry to the house of another is without being Note. against the owner of the house. before leaving the police officers against the will. allowed to enter the house. because they were taken under the so-called ‘plain violation of domicile is still committed because he view doctrine’ under constitutional law. drug paraphernalia” These police officers are authorized by law. were not given permission and they were about to leave. not constitute as evidence. of domicile is not committed. the them that they cannot conduct search there is no stolen owner of the house saw him and went after him and told car stereo inside my house. guest. He is not yet in the act of conducting the police officers liable for violation of domicile? How a search. they saw a table. so the gate of the house and the given consent to conduct a search. And so. mandated by law to seize the drug paraphernalia under the plain view doctrine. The gate and the door are open so ceased and confiscated the said drug paraphernalia. And the police officers him “I know you. 160 . seize this drug paraphernalia. Hence. It suffices that entry is against the will. he left. get out of my with the search but on their way out. nakita sa table. however the moment he was evidence to be used against the owner of the house? recognized and ordered to leave. because they are contrabands in their very own eye. If when he was ordered to The entry is not against the will. and they are about to leave and did not proceed even if you are in disguise I recognize you. hence such search in and out. entry is not in the table. Although A police officer has been conducting surveillance on the they were permitted. So one time it were not allowed to conduct a search. they were not was the birthday of X. a well-known drug pusher. They saw drug each other. The owner of the door of the house were both open where guests can come house refused their conduct of search. violation The police officer is not liable for violation of domicile. is it admissible as an because he was in disguise. While inside the house he tried to look for the area to conduct a search. they did not conduct Please note that this three acts are separate and the search when they were not allowed to search by the distinct from each other so if the entry is against the owner of the house but they confiscated drug will you need not answer the second and the third act. his entry is done surreptitiously about the drug paraphernalia. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Yes they are liable for violation of domicile. they house of X. Note that in the second against the owner? problem that I gave he was allowed to enter but Yes. that they saw it inadvertently when they are not armed with a search warrant is done in the nighttime conducting a search. he can be held liable for violation enter and they did not conduct the search because they of domicile. these three acts are separate and distinct from paraphernalia is a drug per se. The commission of any of these acts will paraphernalia. Are anybody can enter.

5. or.2. officer applied for a search warrant against neighbor B. When the search warrant was maliciously procured A public officer is said to have exercised unnecessary without just cause severity in the implementation of the said warrant 2. the public officer exercised unnecessary severity in A police officer is mad at his neighbor B. address and to bring it before the court. 3. witnesses residing in the same locality. The violation of domicile is still committed even if the public search warrant was maliciously procured and a conduct officer is armed with a search warrant. Searching domicile without witnesses. even mayor in its maximum period to prision correccional in if the public officer is judicially authorized. in the absence of the through searching questions and answers under 4. Police officer the search was conducted in the absence of the A armed with a search warrant proceeded to the house 161 . The police officer and the witnesses must testify only as to facts personally known to them.2. The search warrant must be for one specific offense.The REQUISITES OF A VALID SEARCH WARRANT: penalty of arresto mayor in its medium and maximum periods shall be imposed upon 1. having legally procured the same.1. any member of his family. in cases where a search is proper. So these are the requisites for the issuance of a valid search warrant. when in the conduct of the search he exercised such the public officer exceeded the authority in the physically injurious or any acts which will not be in search warrant. UNDER ARTICLE 130 based on my surveillance there are dangerous drugs inside his house” and the judge believed him and so the 4. When the search warrant even if legally procured. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ART. he told the judge “Judge I am asking a search warrant. use unnecessary severity in executing the search particular things stated in the particular same. latter. . shall exceed his authority or judge directing for peace officer or public officers to 2. Search warrants maliciously obtained and owner of the house or any member of the family or abuse in the service of those legally obtained .In any two persons residing in the same locality. other belongings of any person. shall search the (1) domicile. accordance with law. 130. the penalty of arresto In these four instances under article 129 and 130. A police officer is said to exceed the authority of the search warrant when he goes beyond what is stated in UNDER ARTICLE 129 the search warrant. ART. 2. still violation of domicile is pesos shall be imposed upon committed by the said public officer.1. 1. (2) papers or (3) by the issuing judge. 4. of a search with a maliciously procured search warrant is akin to a search without a search warrant. When the search warrant even if legally procured. . conducting a search they are not armed with a search warrant. any public officer or employee who shall procure a search warrant without just cause. addition to the liability attaching to the offender for the commission of any other offense. 129. without the presence of two witnesses. in their default. or named by the applying police officer or his 4. or is armed its minimum period and a fine not exceeding P1. When the search warrant even if legally procured.3. 1. 1. There must exist probable cause.000 with a search warrant. In the following instances violation of domicile is still committed in the conduct of a search. A search warrant is an order in writing issued in the 2. So the police the implementation of the said warrant. Article 128 punishes violation of domicile because the 6. a public officer or employee 2. judge issued a search warrant against B. name of the people of the Philippines signed by the 2. If any of this requisite is absent then Article 129 and 130 provides for instances wherein the search warrant is procured without just cause. The issuing judge has determined probable cause 4. who. The search warrant must specify the place to be public officer in entering the dwelling of another and in searched and the persons or things to be seized. oath and affirmation in writing as the testimony 4. The probable cause must be determined personally 3. 3.

Therefore. Therefore. the police search because it has been issued by the judge in the officers proceeded with the search. The the door. one is necessary to commit the other. Because even if they should be complex because the admissible as evidence against the owner of the house. Should B allow the search warrant. the liability attaching to the offender for the commission A allowed them to enter the house and conduct the of any other crime. They conducted a exercise of his function. He may file a case for violation of domicile under article 129 because the search warrant is The Supreme Court said. B knew it was procured police officer went to the said place he knocked at the without just cause because he knew that there is no door and Pedro opened the door. Article 129 does not allow complexity of crime. Are you going to complex violation of domicile and the police officers may be held liable for violation of perjury? Considering that without the forgery violation domicile. So are you going to complex it? these pieces of evidence. the police officer may be held liable for violation the police officer asked Juan. Aside from this house is located at 123 but they conducted a search at motion B can also file the following cases against police 321. search and they found drug paraphernalia. appliance looking for dangerous drugs. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 of B and showed it to B. they exceeded the authority in the said against the police officer. right? Without perjuring himself before the judge the police officer Are the evidence admissible against the owner of the could not have been able to get the search warrant and house? conduct the search. they found B should allow the police officer to conduct the search. The wife of the owner of the house could no longer control herself and A search warrant is issued against Pedro. What crime or crimes may be filed by address but I am not Pedro I am Juan. of domicile has not been committed. having conducted a search different from the address stated in the search warrant. In conducting the search the police officers prohibited by the law by Article 129 in case of violation turned upside down each and every furniture and every of domicile. And Pedro said. the owner of the house which is Juan opened wife suffered slight physical injuries and the furniture the door he told to the police officer that “this is my were destroyed. The police officers have to follow the search warrant through the officer perjured himself in order to be able to get a letter. Under Article 48. Police testified falsely against him before the judge. the search warrant is procured without just cause and second he can also file specifically stated. where is the house of of domicile under Article 129 because they exercised Pedro? And Juan pointed the house of Pedro to the unnecessary severity in the implementation of the police officer. Third act has been violated. and Pedro read the dangerous drugs inside his house. If they go beyond from what is stated from the search warrant. B knew that it was an illegally Pedro. it was confiscated after an invalid search therefore. B may also file perjury search warrant. It is expressly provided The police officers is armed with a search warrant and that the liability of violation of domicile is in addition to went to the house of A and showed the search warrant. officer A. So are the police officers liable So the police officer conducted the search. The police officers cannot exercise a case of perjury against the police officer because he any discretion in the conduct of the search. therefore I will the owner of the house against the police officer? not allow you to conduct a search inside my house” So First. When the procured search warrant. Even if the said search warrant was maliciously warrant. you complex the two. therefore I am not allowing you to conduct a procured still the owner should allow him to conduct the search inside my house” Nevertheless. search warrant So here. “I am Pedro but I have police officer to conduct the search? different address than that which is stated in the search Yes. dangerous drugs inside. so the police officer went to the house of search warrant. Not only 162 . for violation of domicile under Article 129? Are the evidence obtained in the house admissible in the court So what now is the remedy of B against the said police as evidence against the owner of the house? officer? Yes they are liable for violation of domicile because they B may file a motion to quash the search warrant or a exceeded the authority in the said search warrant motion to suppress the evidence in case pieces of because the said search warrant stated that the said evidence are found inside his house. So the everything has already been broken but the police police officer went to the house of Pedro and knocked on officer slapped the wife of the owner of the house. they are considered fruits of the poisonous tree because if an offense is a necessary means to commit the other. It was stated so he told the police officer to stop because almost that Pedro is living at 123 Balukbaluk Street. dangerous drugs are not No. Hence it must be given respect. And it was at 321 Balukbaluk Street. Therefore. complexity of crime is search. perjury is a necessary No they are not because under the constitutional law means to commit violation of domicile.

interruption and dissolution of peaceful meetings Should the owner of the house file separate charges of these crimes? Or should they complex them considering ART. crimes. 2. independently or employee who shall hinder any person against the police officers. So the police officers conducted a search inside 3. you 2. if the owner of the house is present he shall expression or any freedom to join any lawful be the one to witness the conduct of the search. domicile. First it must be witnessed by the owner of the house. the police officers may be held liable for violation of 1. from attending any of its meetings. Article 130 provides for a hierarchy of the holding of a peaceful meeting.2. or Article 129 states that the liability for violation of 2. Complexity of 2. interruption and dissolution of that malicious mischief and slight physical injuries are peaceful meetings.1. Thereafter they found two plastics of shabu underneath the pillow in the ELEMENTS bed. Although malicious mischief and slight physical 2. Prohibition. prevent a person to exercise his rights under the Bill of Rights. his freedom to petition the government for this case the owner of the house is present but he is not redress of grievances. either alone or together with others.The penalty of prision correccional manifestation of the exercise of unnecessary severity in in its minimum period shall be imposed upon the implementation of the search warrant. either alone or together with remain in the sala why we conduct a search inside your others. Are the police officers liable for violation of domicile? Are the two plastic sachets of shabu The offender must be a public officer and performs any admissible as evidence against the owner of the house of the following acts: A? Yes. Prohibiting or hindering any person from the owner of the house is absent. domicile shall be in addition to the liability attaching to the offender for the commission of any crime. To exercise his freedom of speech.3. shall prohibit or search warrant it cannot be complex. or by dissolving witnesses who must be present in the conduct of the the same. They are also fruits of poisonous tree. . Prohibition. search. without legal ground. tanods witnessed the search. 131. That did not cure their violation under Article 130. from joining any lawful association or 2. freedom of Therefore. If 3. together with them are The same penalty shall be imposed upon any public two barangay tanods brought by the police officers. So in organization. it must be conducted addressing. so the police officers went to the house of A. 1. without legal ground. the owner of the house may also file malicious be held liable for violation of domicile and the evidence mischief because they deliberately caused damaged to confiscated is inadmissible as an evidence for being the properties of the owner of the house. So these are felonies that go allowed to witness the search instead the barangay against the rights installed in the 1987 Constitution. hence. And officer or employee who upon reaching the house they showed to A the search 1. any petition to the authorities for corrections of abuses or redress of grievances. tanods residing in the same locality. shall dissolve the same. A search warrant was issued against A. Prohibiting or interrupting. any petition to the authorities for the correction the bedroom of A and it was witnessed by two barangay of abuses or redress of grievances. Therefore The same penalty shall be imposed upon a public officer three cases should be filed separately. the police officer may 163 . from addressing. shall prohibit or hinder any person warrant and they told A his wife and his children. liable for slight physical injuries because of slapping the owner of the house. any public officer or employee who. injuries are manifestation of the implementation of the 2. bedroom. in the presence of any member of the family. 1. If any of the members of the owner of the house is not present it must be witnessed by two persons coming So under Article 131 the intention of the offender is to from the same locality. Therefore they are liable for three Section Three. crime is prohibited by the law itself under article 129. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 that. Hindering any person from joining any lawful association or from attending any of its meetings. interrupt the holding of a peaceful meeting.

ELEMENTS Crimes against religious worship 1. distinct crime but rather they shall aggravate or qualify the crime of interruption of religious worship. Section Four. here comes a public faithful. but in means of violence or by means of threats. 133. is performed either in the place dedicated to religious worship or during the celebration of a religious Interruption of religious worship is committed by public ceremony. the belief of a religion. It is committed by any public officer or employee or If the crime shall have been committed with violence or private individual who performs acts notoriously threats.1.The a. the ceremonies or the faithful. 132. Acts complained of were performed: ART. manifestations of any religion. And the said acts medium and maximum periods. to prohibit the said distinct charge. In a place devoted to religious worship (It is not penalty of prision correccional in its minimum period necessary that there is religious worship) shall be imposed upon any public officer or employee b. it will not constitute a separate and officer has all the right to dissolve. .2. the priest will only aggravate the penalty to be imposed unruly or illegitimate or for illegal purpose the public upon him. 1.1. anyone who. The fact that he used threat and threatened and for a lawful purpose. officers or employee and there is a religious ceremony or a manifestation of any religion that is ongoing or is Who is the offender in offending the religious feelings? about to take place and the offender prohibits or Article 133 is the only crime under title 2 wherein the interrupts the same. The use of Article 133 it may be committed by a public officer or violence or threats shall not constitute a separate and employee and also a private individual. they are made criminal in shall perform acts notoriously offensive to the feelings nature under Art 131. and the are going to conduct a mass I will kill you” so the priest offender attack. So what is the crime committed religion. The second element requires that the offender performs acts which are notoriously offensive to the feelings of the There is a mass to be celebrated. the penalty shall be prision correccional in its offensive to the feelings of the faithful. Offending the religious feelings. freedom of expression. during the celebration of any religious assemble. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 For the crime to arise it is necessary that the meeting He cannot be held liable for grave threats but rather he that has been dissolved or prohibited by the said public must only be held liable for interruption of religious officer or employee must be a meeting that is peaceful worship. hence.2. in a place devoted to religious worship or association as well as the freedom to peaceably 1. shall prevent or disturb 2. . slaps of the said dogma of the religion did not proceed in the conduct of the mass so the patrons or attempt to damage the object of veneration of the said inside the church left. When you say acts that are notoriously officer who does not belong to the same religion so the offensive to the feelings of the faithful it refers to the police pointed a pistol to the priest and said that “if you ritual. meeting. offender is both a public officer or employee and a private individual. freedom to join a local 1. of the faithful. speech. ART. the dogma. From Article 124 to Article 132 the If the said act of prohibiting or interrupting is done by offender is always a public officer or employee. It is in violation of a personal freedom of 1. if there is any? Is he liable aside from interruption of religious worship for grave threats because he threatened to kill the priest? 164 . Acts must be notoriously offensive to the feelings of 1. Interruption of religious worship.The The commission of the public officer of any of these acts penalty of arresto mayor in its maximum period to would constitute a crime because the acts would be in prision correccional in its minimum period shall be violation of the Bill of Rights under the 1987 imposed upon Constitution. Since these acts would constitute a violation ceremony of these constitutional rights. During the celebration of any religious who ceremony 1. If the meeting is not peaceful.

with the use of a lead pipe. went inside a Catholic church. He went near the altar. performed in a place devoted to religious worship or during celebration of any religious ceremony. He put down the said crucifix. hence. a Catholic must offend the feelings not only a particular religion church. he stepped on it and then thereafter. Therefore. X. although it offended the feeling of the Catholics. there is no need that there is a but all kinds of religion if the same happens to them. offending religious feelings? The offender is a private individual. when the act is committed in a place devoted to religious worship. the crime under Article 133 is not committed by the said offender. He spread and poured the host on the floor. and then thereafter saw the crucifix. It suffices that it be committed in a place devoted to religious worship. 165 . CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Legal luminaries are one in saying that for it to be said The third element is also present. the crime or act was a notoriously offensive to the feelings of the faithful it done in a place devoted to religious worship. it is not necessary that there be a religious ceremony ongoing. Is the act notoriously offensive to the feelings of the people? I would say yes because if the same acts would be done on the object of veneration of the Muslims. the act was said to be notoriously offensive to the feelings of the Catholic. it is notoriously offensive to the feelings of the faithful because it will apply to any religion. Buddhists. At the PICC there is this art exhibit.” Therefore. PICC is not a place devoted to religious worship and the said art exhibit is not a religious ceremony. The law uses the disjunctive word “or. he opened the same realizing that it was not closed. they would also feel offended. the symbol of Jesus Christ. Then he went to the tabernacle. he broke the same. Is the artist or painter liable under Article 133? The artist is not liable under Article 133. He took the chalice that contains the host which are being received by the Catholics as the representation of the body of Christ during the Holy Communion. It suffices that the said acts were notoriously offensive to the feelings of the faithful The third element provides that the said act must be were performed in a place devoted to religious worship. religious ceremony ongoing. among the arts exhibited is the painting of Jesus Christ and there was a thing (condom) attached in the face of Jesus Christ. Is A liable under Art 133. Therefore. then he spat on them and stepped on them. a private individual. There was causing of damage to Jesus Christ and to the body of Christ which are venerated by the Catholics. It was a controversy before.

a swift attack rebellion because rebellion is a crime of the masses it 2.1.1.1. by any person or persons. 2. directed against course of commission of coup d’etat common crimes such 3. 1. needed for the exercise and continued Chapter One possession of power. Purpose of uprising or movement is either to: The essence of rebellion is an armed public uprising.2.1. violence.The crime Civilian support is not an element in case of coup D’etat of coup d'etat is whereas civilian support is a necessary element in 1. any of their powers or prerogatives Coup D’etat v. October 24.A.A. CRIMES AGAINST PUBLIC ORDER 3. other armed forces. Remove from the allegiance to said aside from public uprising there must be the taking of government or its laws arms.5. 9372 166 . singly or simultaneously carried out anywhere in the Philippines ART. 3. assault. and. with or without civilian support or participation 2. burning of of the Philippines.1. police or those holding public office or 2. public office or employment with or without civilian 2. Deprive the Chief Executive or Congress. by rising publicly and taking arms against the 6. Public uprising.3. for the purpose of seizing or diminishing state to said Government or its laws.1. homicide. The territory of the Philippines or any part thereof. Rebellion or insurrection. the territory of the Philippine Islands or any part thereof. What if in the course of commission of rebellion or in the 3. How committed122.1.2. Taking of arms against the Government 2. of any of their powers or Republic of the Philippines.3. communication networks. accompanied by involves a multitude of people. inflicting of physical injuries had been 3. communications network. of any body of member of the military or the police or those holding 2. The crime of rebellion or insurrection is committed 6.2. installation. 2. That there be: Philippines for the purpose of seizing or diminishing 1.2. 134. any committed by the participants to the said rebellion. power. 2. 1990 and is now considered as acts of terrorism under R.4. coup d’état 2. employment. Whereas.2. duly constituted authorities of the Republic as killing of person. or houses. military camp or installation. Coup D’etat is committed when any person who is a 2. . belonging to the military or police or 1.2. holding any public office or employment Government 7. threat. violence.1. threat.2.3. naval or support commits a swift attack accompanied by 2.2. intimidation. strategy or 2.2.2. intimidation. SEDITION AND DISLOYALTY 5. stealth. land. strategy or stealth depriving the Chief Executive or the Legislature.1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Title Three 3. for the purpose of removing from the allegiance 8.1. So 2. Coup d'etat. 6968. or: The essence of Coup D’état is there is a swift attack 2. 134-A.2. Rebellion ART.2. the military. wholly or partially. 6. . does not involve a multitude of people it suffices that it 2.2.2. state power. or any public utilities or other facilities needed for the exercise and ELEMENTS continued possession of power of the government turned out singly or simultaneously in any part of the 1. How committed. directed against the duly constituted authorities of the wholly or partially. public office or employment.2. Any body of land. the police or those holding 2. public utilities or other facilities 4. REBELLION. is committed by the military.1. or any military camp or prerogatives. naval or other against the duly constituted authorities committed by armed forces. What case or cases should be filed against the offender? 122As amended by R. murder.

Before however the theory of absorption in rebellion may lie in favor of the offender. The rationale remains the robbery. whether punishable under a special law or general attendant circumstances in the instant case. Under the charge. They stated that what happened is not an ambush but rather an armed encounter where there 123 The prosecution tries to distinguish by contending that harboring same and cannot be punished either separately therefrom or by the or concealing a fugitive is punishable under a special law while the application of Article 48 of the Revised Penal Code. not suffice. and then the NPA followed him and then thereafter the NPA shot him. The NPA filed their counter-affidavit. which are mere components or ingredients. Thus: are perpetrated in furtherance of the political offense. xxx (People v. participant concealed and harbored another rebel. While on his way absorbed in the crime of rebellion? home a member of the NPA saw him. rebellion. become absorbed in the crime of rebellion and can itself to common crimes but also to offenses under special laws which not be isolated and charged as separate crimes in themselves. mere self-serving testimony that absorbed in the crime of rebellion under the theory of the killing is done to foster the ideals of the rebels will absorption in rebellion. The crime to be charge against A is rebellion. espoused and fostered the ideas of the were charged with murder and multiple frustrated accused. 528) The Hernandez and other related cases under one law will not bar a prosecution under the other. they common crime and rebellion or coup d’etat as the case contended that they should be charged with rebellion may be. As a result one public officer died with rebellion. and he was arrested in the act of killing no separate and distinct charge for murder. the the military and members of the NPA in Lanao Del said infliction of physical injuries the said burning of Norte. Therefore. Absence of such connection between the murder. the Yes. conviction should be murder. There must be an evidence to show in and several others were fatally wounded. arson. This mention common crimes as absorbed in the crime of rebellion. There must be additional evidence to show in what way the said killing has promoted the ideals of So. what way that the commission of these common crimes Reinforcement arrived. the crime committed by the participant in the absorption in rebellion because obviously the said said rebellion is a violation of a special penal law? killing was done in connection with the commission of Violation of PD 1829 Obstruction of justice. It will not be considered absorbed in the crime theory of absorption in rebellion common crimes which of rebellion. Supreme Court in a case in your book. (Ponce Enrile “This does not detract. or committed in rule that the theory of absorption in rebellion cases must not confine furtherance thereof. Amin. according to the Supreme Court in the case of police officer died. constrain us to law. What crime or physical injuries or arson. even violation of special penal laws if they are the NPA. homicide. are committed in furtherance of. So he was not murder. the NPA’s were arrested. another person in the course of rebellion. G. there is arrested. The same. at p. charged with many cases. contended that he is liable for the crime of rebellion and Gringo Honasan now Senator Honasan. absorbed. then it will constitute a separate and distinct not murder. Absence of such evidence the appropriate committed in furtherance of rebellion they are also charge and conviction is murder. Mere membership in a him in furtherance of rebellion. What is the crime to be charge Enrile vs. Supreme Court said. The killing is absorbed by the crime of rebellion under the theory of What if. as provided in the Revised Penal Code. No. murder. in this case during the time of Cory against the said person? Aquino. 93335 September 13. Amin123. doctrine the prosecution’s theory must fail. 1990) a crime form part and parcel thereof.R. Senator Enrile was charged with many cases. supra. Hence they are rebel group like NPA. These argument is specious in rebellion cases. It was an armed encounter and so there was an houses committed in furtherance to or in connection exchange of gunfire. They are absorbed in the crimes should be filed against him? commission of the crime of rebellion or coup d’etat. however. hence. kidnapping etc. multiple frustrated murder and The said person will be charge the case of murder. and hence. They had promoted. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Only one case that is rebellion or coup d’etat. incident to or in connection to the crime of rebellion or coup d’etat are A was among the participants in a rebellion. rebellion case is based on the Revised Penal Code. In the light of the Hernandez common crimes refer to all acts of violence such as murder. 189 SCRA 573. it is necessary There was an armed encounter between the members of that there is evidence to show that the said killings. prosecution Hernandez. he was considered absorbed in these crimes. All crimes. however. only one appropriate charge should be murder and appropriate case and it should be rebellion because the murder. so a rebellion. He violation of PD 1829 because he harbored then Col. Is violation of PD 1829 Obstruction of Justice also A police officer was on his way home. from the rule that the ingredients of vs. are absorbed by the 167 . Supreme Court said there multiple frustrated murder and even violation of PD is no evidence showing in what way the said killing has 1829 a special penal law are all committed allegedly by promoted the ideals of the NPA.

but rather amendment or legislative enactment that such act can be done.” first and fundamental duty of the courts is merely to apply the law “as hence. before the arraignment of the case the members of the NPA who were the accused In the case of Gonzales vs. Supreme Court the NPAs. (Gonzales vs. 124 There is no merit in petitioners’ argument that they can no longer It is only the Constitution or the law that bestows jurisdiction on the be charged before the court martial for violation of Article 96 of the court. No. they filed a motion before did the Supreme Court said? the RTC of Makati contending that violations of The Supreme Court said that the appropriate charge Articles of War is already absorbed in the crime of coup should be murder and multiple frustrated murder. The absorbed and in furtherance of the alleged crime of coup d’etat. tribunal. Despite their confession. frustrated murder and add a new case of rebellion in Violation of Articles of War cannot be heard. 498 offenses. denied the said motion to quash and so the case reached the Supreme Court via a petition for certiorari.” Evidently. Court. Trillanes and filed a motion to quash or to dismiss the said company where charged before the RTC the crime of information of murder and multiple frustrated murder. jurisdiction of the same court. SCRA 445. G. 2006) 168 . nothing compares absorbing the commission of common crimes. The theory of absorption in rebellion and Coup Supreme Court further said if let us say the case was d’etat would lie only in cases which could be heard by put into trial. therefore no evidence has yet been presented by the crime of Coup D’etat.R. And it is only through a constitutional Order of February 11. the charge would be said the RTC was wrong. murder and multiple frustrated murder the same court. whereas violation of the Articles of War is to withdraw the case for murder and multiple is only under the jurisdiction of the Military Court. In this case. within the jurisdiction of any civilian court. d’etat. it is a crime on its own. Absent that evidence. void. 164007 August 10. the Can violation of Articles of War be absorbed in the crime fiscal of Lanao filed a case of murder and multiple of Coup D’etat? frustrated murder. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 was exchange of gunfire’s. triable by said court (RTC). 2004 as “not service-connected. the crime coup d’etat is under the jurisdiction of civilian court Therefore Supreme Court said what the fiscal should do RTC of Makati. such declaration by declaration. not as they like it to be.” What the law has conferred the court should not take away. What While the case was in trial. in making such they find it. promoted. according to the Supreme murder and multiple frustrated murder. it is it. no one is the same as violation of the Articles of War necessary that there must be an evidence to show in hence. espoused or fostered the ideals of the accused. the RTC of Makati granted the motion saying Supreme Court said the hearing is still in its initial that indeed violation of Articles of War is absorbed in stage. body or officer over the subject matter or nature of an Articles of War because the same has been declared by the RTC in its action which can do so. The RTC. therefore. the defense in order to show in what way the said killing and wounding has fostered and promoted the ideals of The case reached the Supreme Court. Abaya124. it is not consonance with the evidence presented by the defense. Further Supreme Court Said violation of Articles of War So before a person may be charged with rebellion is sui generis. coup d’etat and in the Military Court particularly in Should the said information for murder and multiple violation of Articles of War particularly acts murder be quashed? In that case the RTC of Lanao unbecoming of an officer and a gentleman. frustrated murder. coup So the initial case to be filed is murder and multiple d’etat cannot absorb violation of articles of war. unlike any other law it cannot be absorbed by what way the commission of the common crimes has coup d’etat or rebellion. hence. practically amended the law which expressly vests in the the RTC constitutes grave abuse of discretion tantamount to lack or court martial the jurisdiction over “service-connected crimes or excess of jurisdiction and is. And so. and then during the trial of the case the defense presented evidence that indeed it was committed for It refers only to cases or crimes which are under the purposes of rebellion. Abaya. coup d’etat cannot absorb violation of the Articles of War.

The same way in the manner of committing conspiracy Any person merely participating or executing the and proposal to commit coup d’etat commands of others in a rebellion shall suffer the penalty of reclusion temporal.1.000. 1.4. banners or 1. 1. There is conspiracy to commit rebellion when two or more persons come to an agreement concerning the commission of rebellion and they decide to commit it. rebellion or insurrection. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ART. 1. spoke for them. finances. Penalty for rebellion. under the command of unknown leaders.A. by prision representations tending to the same end correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5. ART. any person who. on behalf of the 3. signed receipts and other documents issued 3. 1990 and is now considered as acts of terrorism under R. or coup d'etat shall be acts specified in Article of this Code.00).000.The conspiracy and hostility against the Government. in their name. shall continue to discharge the duties of their or executes directions or commands of others in offices under the control of the rebels or undertaking a coup d'etat shall suffer the penalty of 3. any person who in fact 3. emblems. Conspiracy and proposal to commit coup 1. . speeches. 3. proposal to commit coup d'etat shall be punished by 2. - The penalty of prision correccional in its minimum Any person who leads or in any manner directs or period shall be imposed upon public officers or commands others to undertake a coup d'etat shall suffer employees the penalty of reclusion perpetua. Offender does not take arms or is not in open d'etat. maintains. the rebellion 3. 125As amended by R. without taking arms or being penalty of reclusion temporal in its maximum period. performed similar acts.2. The conspiracy and proposal to commit rebellion or proclamations. shall accept appointment to office under them. insurrection. shall be deemed a leader of such a rebellion. 2.Any person who promotes. insurrection or coup There is proposal to commit rebellion when a person d'etat125. Disloyalty of public officers or employees . Inciting a rebellion or insurrection. The inciting is done by means of speeches. 136.The Any person not in the government service who penalty of prision mayor in its minimum period shall be participates.6. ART. . 137. in open hostility against the Government. 3. 1.2. emblems. October 24. abets imposed upon or aids in undertaking a coup d'etat shall suffer the 1. 9372 169 . 138. or who decided to commit rebellion proposes its execution heads rebellion or insurrection shall suffer the penalty to some other person or persons. 6968. 2. of reclusion perpetua. shall incite others to the execution of any of the When the rebellion. by means of 1. other representations tending to the same rebels end. insurrection. writings. banners or other insurrection shall be punished respectively. or coup d'etat. writings. or in any manner supports.4. proclamations. prision mayor in its maximum period. . or 3.5.1.00). who have failed to resist a rebellion by all the means in their power.000.3. or Any person in the government service who participates.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2.A. 135. He incites others to rise publicly and take arms prision mayor in minimum period and a fine which shall against the Government for any of the purposes of not exceed eight thousand pesos (P8. 3. ELEMENTS ART.3. directed the others.

How committed. private persons or And if you will look in the purposes of sedition. To prevent the promulgation or execution of any law social in nature. To prevent the National Government. for any political or social end.1. any provincial or municipal government or (3) any public officer thereof So just like rebellion. if the 4.2. To prevent the (1) National Government. in order to attain by what the government wants to implement.1. The intention is to hate or revenge against private persons or any prevent the government from promulgating something social class. or The purpose of sedition is not to overthrow the 5.2. for any political or social end. wants to implement. 5. 4. To prevent the RH Law. It person or property of any public officer or only requires public uprising but does not require that employee. And then those against the RH Bill held rally. municipality or province. These are the force. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ART. any act of hate or revenge against 4. or employee or national done tumultuously and it is done by means of fraud. force. 170 . is done by force or intimidation or any other unlawful 2. Hence. intimidation or by any other means outside the purposes of sedition. not to destabilize the government. So sedition is just like an ordinary rally except that it is 3.1. to go against what the government wants to enforce. purpose of sedition is either political or social in nature. who rise of sedition? 1. or any implement. government or any local government. Illustration: There is a new law. any in case of sedition is not primarily political in nature it person. so again.2. Sedition is a crime of protest and or the holding of any popular election. 2.1. any act of is not to overthrow the government. Sedition. The intention in case of sedition 4. in sedition.3. To despoil.2. any rally. the promulgation or execution of any law or that it disturbs public peace and order. sedition does not require 3. legal methods for any of the following purposes: So the purpose of sedition can either be political or 1. from freely exercising its or his functions. or the National can also be social in nature.The crime of sedition is committed by persons What is the essence of sedition? What is the gravamen 1. it will or property of any public officer or employee. It is a crime of protest or dissent against provincial or municipal government or any public lawful authorities. let say the TRO of the any of the following objects: RH Bill has been lifted. . there must also be 2. it is a crime of the masses. or 2.1. To commit. So the intention 5.3. functions. outside the legal methods. In such away it 1. It suffices that the said uprising 4. purpose of sedition is to go against what the government of all its property or any part thereof. replace it with the government of the rebels. or prevent the execution of any administrative order. or to inflict any act of hate or revenge Sedition is committed when there is public uprising upon any public officer. the National Government (or the government. 2. for any political or social end. prevent the execution of any administrative There must be public uprising. any person. any protest. To inflict any act of hate or revenge upon the that the said uprising must be with the use of arms.2. it is akin to 2. by other means outside of legal methods. they were against the implementation of 1. there be use of arms. The Government of the United States). any social class. To commit. Government of all its property or any part thereof. the holding of any popular election. and or that is to promulgate or to uphold. To despoil. for any political or social end.1. 139. and purpose of rebellion is to overthrow the government and 5.2. To inflict any act of hate or revenge upon the person committed through unlawful means. become a seditious act. or (2) methods it is now considered as a seditious act. tumultuously The gravamen of sedition is a public uprising against 2. must be done tumultuously that is carried out by means 4. the 5. intimidation. people but unlike rebellion. publicly and 1. against superior authority. it involves multitude of order. dissent against what the government wants to 2.2. that is officer thereof from freely exercising its or his sedition. or public uprising. if they carried out this rally in such a way 1. municipality or province.2.2.1.

CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ART. 2.4. circulate the purposes of rebellion or sedition. 1987 171 .6. 142. How then they differ? From proposal to authorities thereof. publishing.2.1. emblems. 1. who shall knowingly conceal such evil practices. scurrilous libels against the Government (of the United States or Inciting to rebellion the offender induces people to rebel the Government of the against the government. in the crime of sedition.6. the peace of the community.1. publish.000 pesos. constituted authorities thereof.The penalty of prision ELEMENTS correccional in its maximum period and a fine not exceeding 2. 187. rebellion or inciting to sedition.4. or circulating. or sedition? 1.000 pesos. Who is the offender in inciting a rebellion? Inciting 1. writings.2. which lead or tend to stir up the people shall suffer the penalty of prision mayor in its minimum against the lawful authorities or period and a fine not exceeding 10. speeches.5. Conspiracy to commit sedition. writings. which tend to 1.000 pesos shall be imposed upon 1. But.3. Because if he is a party to a rebellion or 2.O. other representations tending to the Whether it be inciting to rebellion or sedition the same end. Inciting to sedition is committed by an offender who is Conspiracy to commit sedition is committed when two not a party to sedition incites others to uprise for the or more persons come to an agreement concerning the purposes of sedition and the said inciting is done by the commission of sedition and decide to commit it.1.2.7. ART.7.2.Persons conspiring to commit the crime of sedition shall be There is no such crime as inciting to coup d’etat but punished by prision correccional in its medium period there is a crime as inciting to sedition. scurrilous libels 1. without taking any direct part which constitute sedition by means of speeches. Writing. who shall sedition then the appropriate charge is sedition or 2. to disturb 2.2. cartoons. disturb the public peace.3. writings. 1. or participant. disturb the public peace.2. should incite others to the accomplishment 2. which suggest or incite rebellious conspiracies or riots. 1. or 126 Reinstated by E. against the government or any of the duly 1.6. upon any person or persons sedition. which tend to instigate others to cabal and meet together for unlawful purposes. proclamations. emblems. or commit rebellion distinguish from inciting to rebellion? 2. the safety and order of the penalty of prision correccional in its maximum period Government. which tend to disturb or obstruct any lawful officer in executing the functions of his office. 2.1. etc. utter seditious words or speeches. in proposal to commit rebellion Commonwealth) of the Philippines a person also induce another to rebel against the or any of the duly constituted government.6. Penalty for sedition.1. 141.5. banners. ART.1. he merely incites others to uprise for any of 2. .2. any person who. No. Inciting others to the accomplishment of any acts 1. Uttering seditious words or speeches which tend to of any of the acts which constitute sedition.1. or 2. there is no such crime as proposal to commit sedition.2.2. 1. Inciting to sedition126.4. proclamations. banners or other representations tending to the same end. Other persons participating therein shall suffer the 2. 140.2. write. or offender must not be a participant to the rebellion or 2.1.3.000 pesos. and a fine not exceeding 2.1. rebellion as the case may be and not merely inciting 2.2.The leader of a sedition 2. emblems. So he must not be a 2. June 5. or and a fine not exceeding 5. . by means of 3. or 2. proclamations.2. said speeches. .

it cannot be offset by any mitigating was found in possession of unlicensed firearm while circumstance. G. Malinao. Mendoza129 the Supreme Court Only one case that is sedition. rebellion. or attempted coup d’ etat. the violation of this (People vs. when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws. A was arrested B died. In case of inciting to rebellion the inducement or cases should be filed against A? is done publicly whereas in case of proposal to commit Only one case and that is homicide and the use of rebellion the inducement is done secretly. So as long as the unlicensed firearm is used in What if there is a participant in attempted coup d’etat killing a person. Under PD 1866127 as amended by RA 8294 if an unlicensed firearm is used in the commission of the So if the act committed with the use of unlicensed crime of rebellion or insurrection. unlicensed firearm shall be a special aggravating circumstance.A. possession of unlicensed firearm. such violation shall be absorbed as an with Homicide is to be understood in its generic sense as to include element of the crime of rebellion or insurrection. 1866 as discussed in the Barros case penalty which is equal to that imposed under the preceding section for illegal possession of or whether Murder or Homicide is committed with the use of an firearms. What case or cases should be filed against A? In the case of People vs. Malinao128 the use of an absorbed in the crime of rebellion. Manalang. participating in the said sedition. There is no separate and distinct charge of illegal possession of unlicensed In case of inciting to rebellion the person who incites has firearm under PD 1866 as amended by RA 8294. Use of Loose Firearm in the Commission of a because under R. 301 SCRA 66. According to the Rebellion. No. G. What case or cases should be filed against him? What if the crime committed is another crime? Not homicide. or attempted coup d’ etat. That if the crime committed with the use of a loose firearm is circumstance in the crime of homicide or murder and no longer treated penalized by the law with a maximum penalty which is lower than that prescribed in the as a separate offense in its aggravated form. the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided.R. he was be considered as an aggravating circumstance. 29. A is a participant to sedition and he has arrested. SEC. 423 SCRA 34. not rebellion. 10591. coup d’etat such use of unlicensed firearm shall be whether it be murder.A. the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of unlicensed firearm. Why it apprehended then he was frisked. whether for illegal use of firearm in its crime committed with the use of a loose firearm is penalized by the law with a maximum aggravated form under P. That if the however that in either case. (People vs. 170 SCRA 149 [1989]) If the crime is committed by the person without using the loose firearm. sedition or attempted coup d’etat. whether it be homicide. not yet decided to commit rebellion whereas in proposal to commit rebellion the offender already decided to A shot B. or in connection with the crime of rebellion of insurrection. sedition. killing wherein the penalty is reclusion perpetua to death. What case another. unlicensed firearm in the act of killing shall be considered a special aggravating circumstance. the imposable penalty is death. Mendoza. No. A. it is absorbed.R. What case or cases should be filed against A? Because the Supreme Court said so. not parricide. – The use of a loose firearm. attempted firearm is any act of killing. the use of an unlicensed firearm in a Crime. murder and parricide. not murder. 109279-80 January 18. 8294. sedition or coup d’etat. Sedition is the only said that the word murder is used in its generic sense charge because the use of unlicensed firearm is therefore it includes parricide and all other kinds of considered as absorbed in the crime of sedition. 128148 February 16. in committing the commit rebellion and he proposes its execution to act of killing be used an unlicensed firearm. It should be noted preceding section for illegal possession of firearm. whether absorbed in the commission of the crime of rebellion or it be infanticide all acts of killing the use of unlicensed insurrection. circumstance as provided for under PD 1866 as There is no separate and distinct charge for illegal amended. it is a special aggravating he was arrested and an unlicensed firearm was found in circumstance. 1999) 128 Applied to the present case. he Therefore. Proposal to Commit Rebellion Only attempted coup d’etat. (People vs. Act shall be considered as a distinct and separate offense. There is only one firearm shall be considered a special aggravating charge. In PD 1866 as amended the law says that when homicide or murder such use of unlicensed firearm shall A was among the participants in a rebellion. No. appellant may not now be convicted of illegal possession of firearm in its aggravated form by considering the commission of Murder or Homicide as an aggravating circumstance 172 . CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Inciting to Rebellion v. The act of possessing unlicensed firearm is Supreme Court in People vs. shall be considered as an aggravating murder or homicide case is considered simply as a special aggravating circumstance: Provided. which he/she is found guilty. whether it be parricide.D. or incident to. further. 2004) 129The word “homicide” used in the special complex crime of Robbery If the violation of this Act is in furtherance of. Nos. he was searched and is a special aggravating? an unlicensed firearm was found in his possession. his possession. not 127Further Amended by R.

R. 170562 June 29. offender? The Supreme Court interpreted the term “was PD 1866 has been amended by RA 8294 which provides committed” under Section 1of PD 1866 as amended by that. with multiple homicide. and a . the Supreme Court also affirmed the aside. he could detention with rape and also illegal possession of not produce any license as well as permit to carry.R. And the said offender was rape. however. The coup d’ etat. it has no the RPC because the said rape was committed with the permit to carry. UPDATES The same thing happened in the case of Sison vs. there can be no 195. outside the legal methods against the government. the Supreme Court said the illegal possession of unlicensed firearm conviction must be set What if in the same problem the offender was a aside. he was searched and a . People in both cases the unlicensed firearm in a sedition? So the offender was a accused were charged with violation of gun ban and the participant in the sedition. What if in the case Court means that there is conviction by final judgment of People vs. in a protest carried out other charge is illegal possession of unlicensed firearm. 2007) separate offense of simple illegal possession of firearms. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 sedition. Hence. in an attempted coup d’ etat considered a qualifying circumstance in the crime of against the government. the conviction for illegal It is only upon conviction by final judgment of the possession of unlicensed firearm the Supreme Court violation of COMELEC gun ban that the said conviction said must be set aside. You are not yet convicted for conviction by final judgment in the case of direct assault violation of COMELEC so both cases can still prosper. G. Yes. aggravating circumstance. Since direct assault with multiple attempted homicide was committed 187229 February 22. and bodily searched. at gun point. (Sison vs. 2012) in this case. insurrection. if the use of an unlicensed firearm is in RA 8294 the law says that a person can only be furtherance of.45 cal pistol said the moment there is conviction for the violation of was found in his possession without license and permit COMELEC gun ban then the conviction for illegal to carry. the moment there is COMELEC gun ban. People131 and What if the offender was found in possession of these also in the case of Escalante vs. Court of Appeals. 130Ifhomicide or murder is committed with the use of an unlicensed “other crime” is murder or homicide. What if the offender who is a participant in the rebellion People130. such use of an unlicensed firearm shall be considered as an becomes merely an aggravating circumstance. incident to. the Supreme Court said your multiple attempted homicide and also illegal possession motion to quash the information should be denied of unlicensed firearm. The said woman was raped. it must be for illegal possession unlicensed firearm must be set set aside. not a separate offense. conviction on unlicensed firearm. frisked and a . not attempted coup d’etat.45 caliber pistol was in this case is qualified rape under Article 266-B under found in his possession. G. When the case reached the crime/s are committed by the said offender? Supreme Court. he was asked to produce the license. Hence. Can both cases prosper? Yes. What crime/s are committed by the said use of unlicensed firearm. vs. Sr. So was arrested and then thereafter was frisked. appellant can no longer be held liable for illegal 131 “x x x A simple reading [of RA 8294] shows that if an unlicensed possession of firearms. illegal possession of firearms firearm. attempted homicide. if the 173 . No. What unlicensed firearm. 526 SCRA firearm is used in the commission of any crime. So Will both cases prosper? the offender was found as a participant in a seditious Yes it will both prosper. sedition or attempted provided that no other crime was committed. because according to the Supreme Court you are only being accused of having committed violation of Both cases will prosper. Ladjaalam the crime committed with the brought about by successful prosecution or a judicial use of unlicensed firearm is direct assault with multiple admission. that conviction must be set aside. 666 SCRA 645. however the use of unlicensed firearm shall be participant in coup d’ etat. however. both cases can prosper. It has no license. However. the conviction made by the Supreme Court bodily searched. the Supreme Court act. What crime/s are committed by the said possession of unlicensed firearm must be set aside. No. He was frisked. So the proper term is. or in connection with the convicted of simple possession of illegal firearms crime of rebellion. People.45 caliber pistol was found on so the charged filed was kidnapping and serious illegal his waist. Direct assault with In the case of Celino Sr. he was while she was being raped a gun was pointed at her. (Celino. offender? What about in the case of Celino Sr. vs. such use of unlicensed firearm shall be phrase “was committed” according to the Supreme absorbed as an element of the crime.

city or municipal council or board. or in connection with the crime of rebellion. amending PD 1866 as amended by RA 8294. insurrection. it shall be considered as an aggravating circumstance. or any of its committees. 187. whether it is a crime Congress. Act tending to prevent the meeting of the connection with the crime of rebellion or insurrection or Assembly and similar bodies132. Section 1 of PD 1866 as amended by Congress of the Philippines or any of its committees RA 8294 had been totally repealed. and he committees or divisions thereof. shall be imposed upon attempted coup d’ etat.2. Who is the offender? So if the offender who is a participant in the crime of The offender is any person.The penalty of prision attempted coup d’ etat. The offender may be a public sedition was found in possession of a loose firearm. 1. by force or fraud. divisions thereof. separate and distinct charge. But if the said loose firearm has nothing to do with the commission of the crime. that shall be 2.1. of any provincial board or city or of loose firearm shall be considered as an aggravating municipal council or board. . or subcommittees. constitutional commissions or it is only when the loose firearm is in furtherance of. had been deleted. subcommittees. or in ART. Offender who may be any person prevents such considered as absorbed in the said crimes. was further CRIMES AGAINST POPULAR REPRESENTATION amended by RA 10591. insurrection or attempted coup d’ etat that the of the Philippines) or use of a loose firearm shall be considered as an element 1.2.1. then this use 1. circumstance. Crimes against legislative bodies and similar bodies Under these new laws. be absorbed in the crime of rebellion. meeting of the Congress. in fact under the repealing 1. RA 10591 Sec 29 (2) if the use of a loose firearm is in furtherance of. constitutional commissions or If the offender committed the crime of sedition. The reason is that under Sec 29 (1) it is provided that when the use of a loose firearm is inherent In case of acts tending to prevent the meeting of in the commission of the crime. it will constitute a separate and distinct charge. 1.000 pesos. 1987 174 . of any of its committees or of the crime. such use of loose firearm shall correccional or a fine ranging from 200 to 2. the loose firearm shall constitute a such meetings either by force or by fraud. 2013. Under this new law. constitutional commissions or divisions thereof or any of the provincial board or city or municipal council or But if the crime was committed without the using the board and the offender who may be any person prevents loose firearm. which was approved last year.2. it shall constitute as a special aggravating liable under Article 143. if officer or employee or even a private person as long as the loose firearm was inherent in the commission of the he prevents the meeting by force or fraud he becomes crime. prevents the meeting Therefore. circumstance. No. 132 Reinstated by E. of the National Assembly (Congress rebellion.O. longer included. or was found in possession of a loose firearm. any person who. Sedition is no meeting by force or fraud.2. it is committed when there is a projected punishable under the RPC or crime punishable by SPL. Section One. insurrection or or both. Note that the crime of sedition 1. it is only the commission of the crimes of 1. based on RA 10591. ELEMENTS So again note. That there be a projected or actual meeting of the clause of RA 10591. incident to. 1.2. June 5.3. or attempted coup d’ etat.2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Chapter Two But PD 1866 as amended by RA 8294. 143. May 29.4. or any of the provincial board or incident to.

of any of its committees or a. shouted the same several times. a person. 187. While Senator A 3. The offender can be any as to whether it will be extended or not. from the gallery stood up and held up a banner saying 3. force. There is a meeting. 1. farmers are liable under Art 144. 1. They can be held liable for There are two kinds of violation of parliamentary disturbance of proceedings because they behave in such immunity. or 2. or 1.4.2. casting his vote or from stood up.2.1.1. 3. has been prosecuted for violation of Article 144 Disturbance of Proceedings.4. subcommittees. in the presence of any such bodies should ART.1. proceeding. any public officer or employee who shall. 1. There is a meeting of Congress or any of its 2. 2. constitutional commissions or divisions Assembly (Congress of the Philippines) thereof or any of the provincial board or city or 2.1. 145. 264. a 1. the moment he prevents a member of Congress group of farmers who served as audience in the gallery from expressing his opinion. 1987 134 As amended by Commonwealth Act No. June 5. intimidation. Disturbance of proceedings133. there 3.1. No.1.3. b. to prevent any member of the National committees. the penalty of prision correccional shall be illegal use of the pork barrel some Senators and imposed upon Congressman. a manner as to incur the respect due the said senate One is punish by prision mayor then the other one is committee hearing and also disturbed the said punish by prision coreccional. The offender commits any of the following acts: 2.000 pesos shall in contempt of court. Suddenly. the National Assembly (Congress of the in such a manner as to interrupt the proceedings or Philippines) or impair the respect due to the said Congressmen. The 1. The Sergeant at Arms of the House of Representatives went to the group of 133 Reinstated by E. a bill has to be passed saying there offender who can be any person prevents any member will be an extension of the Comprehensive Agrarian of Congress from attending its meeting. There are two acts punish under Article 145. arrest or search any member thereof.2.2. Behaves while in the presence of any such 2.1. from attending the meetings of municipal council or board 2.3.O. from expressing his opinions or casting his vote. except in case such member has committed the security forces of the senate arrested them. of any of its committees or subcommittees. Disturbs any of such meetings. any person who shall use 2.3. April 22.1. to interrupt its proceedings or 1. of any provincial board or city or municipal Violation of parliamentary immunity council or board. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ART. constitutional commissions or committees or divisions thereof. . proceedings or to impair the respect due it. threats.2. 144. any person who disturbs the meetings of session of Congress ongoing and the offenders behaved 1. to impair the respect due it. Aside from being cited of arresto mayor or a fine from 200 to 1. or Section Two. - behave in such manner as The penalty of prision mayor shall be imposed upon 2. are they criminally liable? be imposed upon They are liable under Art 144. So resource persons were invited. constitutional commissions or bodies in such a manner so as to interrupt its committees or divisions thereof.2. 1938 175 . There was this session ongoing in the House of The first act punish of prision mayor is (1) when the said Representatives.3. and What if there is a senate committee hearing about the 3.4. ELEMENTS 1. And there was this votation ongoing opinion or casting his vote. while the Assembly (Congress) is in regular was asking the resource person suddenly five women or special session. “NO TO PDAF” they shouted no to PDAF several times. Aside a crime punishable under this Code by a from being cited in contempt these five women persons penalty higher than prision mayor. they raised a placard and they shouted at the attending his meeting he becomes liable for violation of same time “no to the extension of the CARP law!” They parliamentary immunity. 1.1. expressing his Reform Program. the Assembly (Congress) or 2. fraud 1. Violation of parliamentary immunity134.The penalty farmers and they arrested them. were also audience who are listening.

since of violation of parliamentary immunity is committed by the crime he has committed carries a penalty higher any public officer or employee. The judge found probable cause and a warrant of arrest Who is the offender? was issued against Congressman A. or Senator A constituted violation of parliamentary 2. The police officers. It is not beyond 1. Are the said police officers liable for violation correccional in its maximum period to prision mayor in of parliamentary immunity under Art 145? its medium period shall be imposed upon the organizers They are liable for violation of parliamentary immunity or leaders under Art 145. warrant of arrest was issued against Senator A. rebellion or murder. of any meeting in which the audience is incited immunity under Art 145. Are the police officers liable under Art 145. Congress was in its regular Congress has committed a crime which is session even if they were on Christmas break. crime committed by the said Congressman A carries a 176 . violation of parliamentary immunity? 1. Congressman A was charged with attempted homicide. They are not liable for violation of parliamentary 1. for the purpose of committing any of the prision mayor therefore.1. When the crime committed by special session. a violation of parliamentary immunity. they’re still on the regular session. immunity under Art 145 because although the arrest 2. . They arrested ART.The penalty of prision Senator A. the police officers went to Senator A and they served the said warrant of arrest.4. then the said Congressman may be search any member of congress while Congress is in arrested anytime even if Congress is in its regular or session or special session. Are the police officers liable for Persons merely present at such meeting shall suffer the violation of parliamentary immunity under Art 145? penalty of arresto mayor. So a attempted homicide is only prision correccional which is private individual. Congress was in its regular session and 1.1. So they went on December 25 REQUISITES OF THE SECOND OF VIOLATION OF on the house of Congressman A and they arrested PARLIAMENTARY IMMUNITY Congressman A. Congressman A was charged with the crime of double 2. armed with the said warrant of arrest went to the halls of Congress and they went to the Chapter Three session hall of the senate and while attending the ILLEGAL ASSEMBLIES AND ASSOCIATIONS session.2. unless they are armed. Therefore.2. not beyond prision mayor. that member of of parliamentary immunity. sedition or The court issued a warrant of arrest. The (2) second act murder is reclusion perpetua to death therefore. The police officers 2. the said member of Congress is penalized by a penalty not higher than prision mayor. crime of double murder filed against Congressman A. Second. the offender can penalty higher than prision mayor.3. The RTC judge found probable cause and so. in which case the penalty shall be prision was done while Congress is in its regular session. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 In so far as the second act is concern. 146. session hall of congress and there they arrested Congressman A. attended by armed persons its minimum and medium period. the crime committed is attempted homicide. insurrection. Congress is on its special or regular session. a businessman against Senator A. The penalty for only be a public officer or employee.5. of any meeting the crime of libel is punished by prision correccional in 1. would be liable for the RTC. And so the RTC found probable cause on this 2. treason. Who shall arrest. Illegal assemblies. the correccional. The police officers The offender is only a public officer or employee and he looked for Congressman A but they could not locate him either arrest or makes a search of a member of Congress so they decided to serve the warrant of arrest inside his house on Christmas day. the public officers’ arrest of crimes punishable under this Code. to the commission of the crime of 2. assault upon a person in authority or his upon the receipt of the warrant of arrest went to the agents. or than prision mayor. It is necessary that the crime of the said arrest or at The police officers are liable under Art 145 for violation the time of the said search . the police officers The fiscal found probable cause and filed a case before in arresting Congressman A. the penalty for Senator A was charged with the crime of libel. Congress punishable by a penalty not higher than prision was in its regular session despite the break because mayor these breaks constituted only recess of Congress but 2. 2.

or group of persons. REBELLION OR INSURRECTION. paragraph. it does not only mean firearms or is a crime a felony punishable under the RPC. So if they are not armed the penalty is lower only arresto mayor. The police officers arrested A. rebellion or understood to include a gathering or group. meeting. simultaneous bank robberies on a particular day and time. Are they liable of illegal assembly? armed persons. Here as you have studied in book I. is to commit acts punishable under this Code. unlicensed firearm. So A. 3. rebellion or insurrection. persons A. 177 . a gathering.C or moving and it is necessary that it be attended by and the 20 persons. police arrived because they got a tip that there is that gathering of a group of persons whether in a fixed place agreement on-going. they are liable for illegal Anything which can be used to cause injury or violence assembly. sedition or direct assault. but if they are armed the penalty is higher that is prision correccional. IS INCITED TO THE 1. propose to them the commission of simultaneous bank whether in a fixed placed or moving. All the pistols. The problem did not state that A. a fixed place or moving. on another that is considered as arms. SEDITION OR 2. ASSAULT TO PERSONS IN AUTHORITY. robberies around Metro manila. gathering or group of persons. the penalty of arresto mayor unless they are armed the penalty will be prision correccional. The audience. Can they be held liable for any crime? This time no because what they have is conspiracy to commit robbery and there is no such crime as conspiracy to commit robbery. whether in insurrection. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 If any person present at the meeting carries an A MEETING IN WHICH THE AUDIENCE.C and the purpose is to commit robbery. There is a meeting. B and C all armed gathered 20 people in order to 1. What if in the same problem. it shall be presumed that the purpose of said COMMISSION OF THE CRIME OF TREASON. the word "meeting" shall be the commission of the crime of treason. the So the first element requires that there be a meeting. I said in the problem that only A. or even stones. because if you will look into Article 146 the law treason. whether armed or not. After their agreement here comes the police. lead pipes. The meeting is attended by armed persons. and the organizers of the said UNDER THE RPC. is incited to As used in this article. they propose this idea to 3. B and C are armed they gathered 20 persons for purpose of committing robbery and there was an agreement. And they all agreed to commit crimes punishable under the Code. B and C met these 2. Take note “is incited” to commit the crime of Yes. and ELEMENTS 4. Are these 20 men also liable? is incited. 2. What do you mean by armed persons? Yes they are liable for illegal assembly there is this Armed persons mean that the said meeting must be meeting and the said meeting was attended by armed attended by any person who are in possession of arms. assembly as well as persons merely present at the said meeting. A MEETING ATTENDED BY ARMED PERSONS FOR In either kind of illegal assembly the offenders can be COMMITTING ANY OF THE CRIME PUNISHABLE both the leaders. sedition or direct says that persons who are merely present shall suffer assault. There is a meeting. elements are present therefore. It could be knives. WHETHER ARMED OR NOT. It When you say arms. ELEMENTS A.B. whether in a fixed placed or moving. the police arrived.B. B and C are armed What would bring about the crime is when the audience the 20 men are not armed. The purpose of the meeting is to commit any of the these 20 people. people in a secluded place. insofar as he is concerned. he shall be considered a leader or organizer of the meeting within the purview of the preceding 1.

Their idea is to use minors as kubradors so that people? they could not be arrested or if arrested would soon be A. 2. or 1. medium and maximum periods and a fine not exceeding 2. These out of the streets.3. purpose of committing any of the crimes punishable shall suffer the penalty of prision correccional in its under the Code. for some purpose contrary to public morals. Being armed is Violation of Article 147 illegal associations the second immaterial in the second act of illegal assembly. In the second kind of illegal association the purpose is for committing any of the crimes which is in violation of A. What crime second act because the audience were incited to commit is committed? rebellion even if none of them is armed.2. overthrow the government and jueteng lords met in a certain hotel and their purpose is because of his speech. or 2. 147. employ force.3. Colonel X uses speech proclamation to incite the people to rebel. without a public uprising the founders. C and Colonel X as well as the 500 people are all released and then in the said meeting they elected their liable for illegal assembly under Article 146. And so this 500 men association if the said special penal law involves arrived they seated and upon sitting. The police propagate and to spread jueteng to the provinces arrived they were all arrested. any person in authority or in illegal assembly there are. Colonel X. for the attainment of any of the purpose the purpose of committing any of the crimes enumerated in defining the crimes of punishable under this Code or rebellion and sedition. engaged in the performance of official duties. note that the is not punishable. while TWO KINDS OF ILLEGAL ASSOCIATION 2.000 pesos. just like 2. Illegal associations. B and C gathered 500 men and women in Quezon public morals. B and C is to incite this by the association is to commit a crime that is fined or people to rebel against the government because of the punished by a special penal law there is still illegal anomalies of the government. there is no such crime as conspiracy intention in forming the said association is to commit a to commit robbery.1. directors.4. Association totally or partially organized for the 2. Colonel X went to the platform and took the microphone and started inciting the people to uprise. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 conspiracy is only a mode of committing a crime and it Under the first kind of illegal association.3.1. morals. and presidents 1. or 2. 1.4. his proclamation.2. . when the assault is committed with a weapon or 178 . here comes violation of public morals. DISOBEDIENCE TO. . the audience to form an association and their objective is to were indeed incited to commit rebellion.Any person or persons who. 2. So those ASSAULT UPON. 2.B and C Colonel X as well as the 500 jueteng. attack. on occasion of such performance. he is not a party to rebellion therefore the crime Chapter Four committed by Colonel X is inciting to rebellion.2.4. of associations totally or partially organized for 1.The penalty of prision correccional in its minimum and medium periods and a ART. shall employ force or intimidation 1. 2. the president and How about Colonel X? organizers. any of his agents.1. under the officers. penalty of arresto mayor. Therefore even if the purpose intended City and the purpose of A. Direct assaults. In the first problem it only becomes crime punishable under the RPC. seriously intimidate or resist Under Article 147 we have illegal association. AND RESISTANCE AND were the crimes committed.000 pesos shall be imposed upon 1. go The jueteng lords of Southern Tagalog region. What form of illegal association because jueteng is an illegal matters is the audience is incited to commit rebellion or gambling and jueteng is considered as against public sedition.2. purpose contrary to public morals. B. shall Mere members of said associations shall suffer the 2. 148. illegal assembly because it was attended by armed persons. fine not exceeding 1. Associations totally or partially organized for some P1.1. PERSONS IN AUTHORITY AND THEIR AGENTS ART. and so an association was formed. What is/are the criminal despite the campaign of the government against liability of A. In case of illegal associations not only members are liable but also the founders.

2. Without public uprising . 2. There is no public uprising. exercise of his duties. So who are the persons in authority for purposes of Article 148 or 149? The answer is under Article 152. employing force or by seriously intimidating or by seriously resisting any person in authority or any of The second element provides that: person assaulted is a his agents. 1. Person assaulted is a person in authority or an agent of persons in authority. So these are the persons who is a person in authority or his agent in the are deemed to be persons in authority. in times of sedition. (c) makes a serious intimidation. on occasion of the commission of any of the of hands to a person in authority already qualifies direct crimes defined in the next preceding article. because whenever there is 3.2. not exceeding P500 pesos shall be imposed. 1. (c) 1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 2. principal element is that there be a public uprising If none of these circumstances be present . by employing force or But if the subject of the assault is only an agent of intimidation for the attainment of any of the person in authority the attacked or the force employed purpose enumerated in defining the crimes of must be serious in nature so as to show defiance of rebellion and sedition. Under the third paragraph Article 152 teachers. you include under Article 3 Section 388 of the Local Government Code for purposes of article 148 and 179 . deemed to be a person in authority. direct assault cannot be committed because rebellion and sedition requires public uprising ART. direct assault does not require public uprising. 2. correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon The first element of the second form of direct assault: 1. ELEMENTS OF THE SECOND FORM OF DIRECT First. official duties. force or makes a serious intimidation. In case of intimidation. The offender knows that the one he is assaulting be persons in authority. So in times of rebellion. be persons in authority. while engaged in the performance of person in authority or an agent of persons in authority. An element which of prision correccional in its minimum period and a fine is inconsistent with each other.2. when the offender is a public officer or If you will notice whatever kind of direct assault there employee. Now. or on the occasion of such performance. (b) employs force. 149. authority. assault.1. a barangay chairman or a barangay captain is resistance. in case of resistance 2. (b) employs force. . Indirect assaults. or (d) makes a serious Second. persons in charge with the maintenance of authority or his agent was (a) engaged in the public and duly recognized private schools. Offender (a) makes an attack. or (d) makes a serious 1. hence the mere act of pushing a person in authority is already a direct assault because a hand has TWO WAYS OF COMMITTING DIRECT ASSAULT been laid to a person in authority. any person who shall make use of offender (a) makes an attack. when the offender lays hands upon a person in rebellion. whenever there is sedition wherein a authority. the penalty direct assault cannot be committed. That at the time of the assault the person in professors. 5. by both must be serious to amount to direct assault. any person directly vested with jurisdiction ASSAULT whether as an individual or as a member of some court or government corporation board or commission. intimidation resistance. colleges and performance of official duties or that the assault is universities and lawyers in the actual performance of done on (b) occasion of such performance of his their professional duties or on occasion of the official duty. upon 2. Without public uprising. by attacking. their agents because if you were to look Article 148 the mere laying 3. 3.1. or is no public uprising.The penalty of prision whereas. any person coming to the aid of the If the person attacked is a person in authority it is not authorities or necessary that the attacked or force employed is serious. The more popular form of direct assault is the second Under Article 152 the following persons are deemed to form. performance of their professional duties are deemed to 4.

whatever jurisdiction but. official duty. assault with homicide. You cannot complex slight physical injuries with direct assault. the victim was in the performance of his his official duty. It suffices that at the time of the assault. members of the Lupong Tagapamayapa are considered But if at the time of the said assault the person in as persons in authority within their jurisdiction. direct assault is committed. uprising. Direct assault duties. lumabas na siya sakanyang jurisdiction. When you say the resulting felony is only a light felony like slight “is done on occasion of performance of official duty” it physical injuries. authority or his agent is in the performance of his official duties. and Barangay or a member of the Lupong Tagapamayapa is plain less serious physical injuries but not direct a person in authority within his jurisdiction. Pag assault. councilman. a member of Sangguniang plain homicide. How can you say attacking another is defying So these are said to be agents of person in authority. hindi na siya person in authority that is in case of Sangguniang So when you say on occasion of such performance of Barangay and Lupong Tagapamayapa. authority was not engaged in the performance of his official duty and the reason behind the assault was of A barangay captain is always a person in authority in personal motive a personal vendetta it is plain murder. means that the attack was by reason of. a police officer or a person who comes to the aid of a person in authority are deemed to be agents of Knowledge is important on the part of the offender person in authority. You always complex it because the direct assault is the reason behind the resulting The (2) second situation is the assault is done on felony. because the essence of direct assault is defiance of authority. because of the past performance of his official duty. If at the time of the assault the persons in with the resulting felony. second paragraph any person who by direct provision of the law by election or by appointment by competent The fourth element requires that: the offender knows authority is charge with the maintenance of public that the one he is assaulting is a person in authority or order and the protection of life and property such a his agent in the exercise of his duties. First because under Article 48 you cannot So if the person in authority or his agent at the time of complex a light felony right? You cannot complex a light the assault was not engaged in the performance of his felony under Article 48 and second. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 149 not only is a barangay captain or chairman but also of that person in authority pass performance of his the members of the Sangguniang Barangay and the official duty. So there are TWO SITUATIONS under the third The fifth element requires that: there is no public element. Does The third element provides that: at the time of the that mean one has to memorize Article 152 to know who assault the person in authority or his agent was (a) are persons in authority or agents of persons in engaged in the performance of official duties or that the authority? No. because of the pass performance of his official duty. plain serious physical injuries. authority when in the first place he did not know that the person he assaulted is a person in authority. If assault slight physical injury is already absorbed. under Article 152 official duty. Under the (1) first situation the person in authority or Whenever direct assault is committed and there is a his agent was engaged in the performance of official resulting felony you always complex. regardless of the motive behind the said act because the person in authority is engaged in the actual If the victim died direct assault with murder or direct performance of his official duties. hence they must be always complex except when occasion of performance of official duty. in case of direct official duty determine the motive behind the assault. it is always and always direct assault Direct assault is the reason behind the resulting felony therefore. assault is done (b) on occasion of such performance of that person. It How about agents of person in authority? Who are will only apply when the person in authority was agents of person in authority? assaulted while he is not in the performance of his The answer is also under Article 152. official duty it means the assault was by reason of. When the offender assaulted the person in authority because you assaulted a person somehow definitely that person 180 .

the accused was brought out of the 181 . it is the performance of his official duties always direct qualified because the offender used a weapon. the mayor died. What crime is committed by X? So what is the crime committed? The mayor is not engage in the performance of his official duty. What is the crime committed? 1. The first two qualifying assault with murder. what is the crime committed? there was treachery. there is treachery. was a personal vendetta. but the third qualifying circumstance family. a person in authority. Slight physical What if in the same problem. the upon a person in authority. The mayor at the head of the mayor. Note that the mayor was at that time 3. therefore the reason of X What are the circumstances which would qualify direct for killing the mayor was of personal reason. Obviously in What if in the same problem. Therefore the crime committed is not direct assault but plain murder because obviously So in the exam. hence there is for shooting the mayor after coming out of the church another crime of murder. Offender lays hands upon a person in authority engaged in the performance of his official duties. The offender is a public officer or employee with murder. X is a person who tried to injury is absorbed in direct assault. in the performance of his official duty you have to know the motive behind the assault. the offender makes use of a from the household chores. So you complex direct assault was that X was a former gardener of the mayor. Therefore. is direct assault because the attack was done on X was able to get near the mayor and then he fired shots occasion of the performance of official duty. So same crime committed qualified direct qualify direct assault. how you get perfect points. Since the mayor is not hands will not qualify direct assault. third paragraph. The mayor was about to board the vehicle. The offender used a weapon. Assault is committed with a weapon The crime committed is still qualified direct assault 2. So if the person in authority or the Qualified direct assault with murder. he used a firearm. Weapon refers to anything that can cause injury or harm. in gardening he cut a forbidden rose. Personal vendetta. What is the motive The mayor is in his actual performance of his duty. therefore regardless of the motive behind the assault it The first qualifying circumstance refers to the use of is always and always direct assault. it does not only mean firearms. weapon. obtain a loan from the mayor a day prior to the killing but the mayor denied his loan. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 will be injured no matter how slight. What is the crime committed by X? only apply if the victim is a person in authority. circumstance would apply even if the person assaulted is either a person in authority or agent of persons in What if the mayor just heard the mass together with his authority. Here comes X. The behind the assault? The mayor’s past performance of his mayor was delivering a speech after the flag ceremony duty therefore the crime committed is direct assault. the reason of X committing the crime. here specifically states whenever the offender lays hand comes X on board of a motorcycle. so he was discharged assaulting the mayor. X was a former employee of the mayor at the city hall who was dismissed due to anomalous So. In with murder. Now in killing the said mayor. Knifes You do not consider the motive behind the assault the bolos lead pipes and anything which can cause injury. what is the died so it is direct assault with murder obviously there crime committed? was treachery. The mayor died. out of personal vendetta. laying of hands as a qualifying circumstance will transaction. If the In the problem the mayor was not engaged in the victim is a mere agent of person in authority laying of performance of his official duties. Know the motive. So the reason for the assault weapon. mayor died. this time. If the person in authority or the agent is in complex with murder because…Last paragraph. it is the motive. So that is assault regardless of the motive. X shot the mayor. So after the hearing the judge locked his chamber. He killed assault? the mayor out of personal motive. the crime committed is direct assault. moment the person in authority or agents of persons in authority is engaged in the actual performance of his A public officer attacking another public officer that will official duties. in the assault he killed the mayor. what is the motive? Qualified direct assault with murder. It explaining something to his constituents. second paragraph agent is not in the performance of his official duty know it is direct assault because. qualified The mayor is in the actual performance of his duty he is direct assault with murder. The judge has just rendered judgment convicting the accused in the case.

Now. A pedestrian a result the accused also got mad of Y and so the accused crossing the street saw the situation. When the accused attacks ASSAULT the ELEMENTS are: Y he attacks an agent of person in authority. What crime As against the judge. Y suffered only slight physical upon such person coming to the aid of the authority injury. Therefore the assault? crime committed is qualified direct assault with serious The subject was an agent of persons in authority. At the time of the assault he was in authority who at the time of the assault was engage not in the actual performance of his official duty. injuries again you cannot complex it because it is a light Under Article 152 he becomes an agent of persons in felony and it is considered as absorbed. so X thereafter. Y saw the to the police officer and boxed the police officer several situation and so he came to the aid of the said judge. The committed by the accused against the judge and against police officer suffered less physical injuries while the Y the person who came to the aid of the said judge? pedestrian suffered slight physical injuries. the person who come to the authority. Therefore as authority. Under 1. 182 . therefore What about the pedestrian? Who was the subject of the he laid hands upon a person in authority. the said accused box the judge. A person comes to the aid of such authority or his crime committed as against Y who came to the aid of the agent. Obviously the motive of the said crime is direct assault. hands upon him since he is a mere agent of persons in The judge suffered serious physical injuries. So as against complex it with serious physical injuries because the the police the crime committed is direct assault with direct assault was the reason behind serious physical less serious physical injuries. or his agent. He suffered less serious physical accused was because of the judge conviction against injuries so you complex it so therefore Direct Assault him. But isn’t it that How come in the problem in so far as the judge is the accused laid hands upon Y? concern the person who comes to his aid the crime Yes but the said laying of hands will not qualify direct committed as I said is direct assault not indirect assault because Y is only an agent of persons in assault. judge who is a person in authority is direct assault 3. So the 2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 chamber. how come under Article 149 INDIRECT agent of persons in authority. traffic was heavy. came to the aid of the person in authority becomes an As against Y. hence aid of the judge? when he too was assaulted the crime committed as Who is the victim of direct assault? It is the judge a against him is indirect assault under Article 149 of the person in authority. by Congress without amending Article 149. So there is direct assault with serious physical injuries. The police officer fell on the ground. so you authority it will not qualify direct assault. it is absorbed in the crime of direct assault. A person in authority or his agent is the victim of Article 148 when you assault an agent of persons in any of the forms of direct assault. box the pedestrian. A physical injury. Now. Therefore the crime committed is direct assault. so the pedestrian also box Y until the security guard arrived and the immediately went to help the said policeman. authority the crime committed is direct assault. injuries. That the offender makes use of force or intimidation under article 148. So only one crime that is direct assault. the judge is a person in authority or crimes are committed by X? based on Article 52 3rd paragraph. because of the judge performance of his official with Less Serious Physical Injuries. When the pedestrian came to his aid he did not become an agent of person in What about as against Y. the crime committed is direct assault. And so accused was arrested. so in the performance of his official duty. So what are the crimes committed as against the judge? Congress amended Article 152 by saying that one who Qualified direct assault with serious physical injuries. Then the judge went out of the office. The accused although was in handcuff so X one of the driver of a car caught in the traffic was went to the judge and box the face of the judge several so mad. cars were not moving and his conviction. When Y came to the aid of this RPC. So Y. he remains to be a private individual. when he came to the aid of the judge becomes an So you now ask. so the judge is a The police officer who was box was an agent of persons person in authority. What crime or crimes is/are this angered X. therefore the know the motive. The reason is because Article 152 was amended authority. pedestrian came to his aid. Despite his accused saw the judge still filled with anger because of presence. The said pedestrian suffered slight physical person in authority who is the victim of direct assault. the The police officer is manning traffic. Even if X laid duty. As times. against the pedestrian it is indirect assault. He alighted from his vehicle and went directly times until the judge fell on the ground.

2010. People. The crime committed is so this pedestrian came to the aid of the MMDA officer. one of her of a competent authority to maintain order and the students. if the victim is a person in authority. 135 Celig v. he kicked the pedestrian thereafter he and someone came to his aid that someone is deemed an boarded the vehicle and left. caught Mariano. he being deemed an agent of a person in kicked suffered Slight Physical Injuries. the crime committed by assaulted. Therefore the crime committed against without any warning. So he is deemed an agent calling Mariano's attention. he remains to be a private individual. 152 of the RPC. a lady professor. So when that someone is Serious Physical Injuries while the pedestrian who was also assaulted. if there is inconsistency what should you do When the MMDA officer was being mauled by the according to the rules on statutory construction? You driver. What crime or crimes. When he someone came to his aid and that someone was also too was assaulted by the driver. authority is Direct Assault under Article 148. It being a light felony. she confiscated his of a person in authority. another student. So in so far as the who was in the performance of her duties on the day of MMDA officer is concerned the crime committed is the commission of the assault. The crime committed against that someone the said driver is Indirect Assault. examination booklet and sent him out of the room. G. The MMDA officer suffered agent of a person in authority. Mariano then assault therefore you have to complex it so the crime turned his ire on Dencio and punched him repeatedly. slapped her on the face. respect to the pedestrian who came to the aid of the MMDA officer? So.R. What crime or authority. Mariano the MMDA officer is Direct Assault. He tried to stop the drive from pursuing his attacks on the MMDA officer. 183 . if any. in reconciling Article 149 and Article pedestrian came to the aid of the MMDA officer who is 152. No. A pedestrian passing that someone was also subjected with force and saw the incident. In so far as the beat the red light. It is absorbed The MMDA officer stopped the driver of the car who in the crime of Indirect Assault. Indirect Assault would only alighted from the car and without warning boxed the result if the victim of the direct assault is an agent of a MMDA officer several times until the MMDA officer person in authority. The MMDA officer will be issuing a driver is Indirect Assault. and someone came to his aid and was already lying on the ground. The vehicle stopped the MMDA pedestrian is concerned. The pedestrian is only indirect assault. He is deemed an agent of person in authority because he is charged by provision of the law or by appointment Miss Reyes. Second. the public officer being attacked. So the driver got mad at the If the victim of Direct Assault is a person in authority pedestrian. causing Mariano extreme embarrassment. indirect assault will only apply if the victim of an agent of a person in authority. July 28. when he slapped Miss Reyes. Laying of hands qualify Direct Assault only authority expressly mentioned in Art. did Injuries. it will not qualify Direct Assault because he is a mere agent of Person in First. Miss Reyes. repeatedly punched Dencio. Even if the offender laid hands on him. who became an agent of the person in authority when he came to the aid of a person in authority. a pedestrian came to his aid. and intimidation by the offender. The MMDA officer would have inflicted grave injuries on Miss Reyes had suffered Serious Physical Injuries by reason of the said not Dencio. a victim of Direct direct assault is a mere agent of person in authority and Assault. intervened. cheating during an examination. the crime committed by the officer went to him. suffered only Slight Physical Injuries therefore you cannot complex it. When the reconcile the two. Mariano commit? (BAR 2013) Mariano is liable for two counts of direct assault135. Mariano approached MissbReyes and official function. Aside from protection of life and security. when he Direct Assault with Serous Physical Injuries. 173150. In class the He was attacked by the driver in the performance of his following day. who is a person in Authority. Article 149 do not apply instead it is Article crimes were committed by the said driver? 148 because an assault upon an agent of a person in The MMDA officer is an agent of person in authority. ticket to him so he asked for his license so that he can get his name but the driver instead of giving his license So again under Article 149. committed is Direct Assault with Serious Physical causing him injuries. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 agent of person in authority without correspondingly What about the crime committed by the driver with amending Article 149. indirect Assault.

Such laying of hands will not qualify Direct Assault 1. in so 1. to answer any legal inquiry or under Article 148 an attack on an agent of a person in 2. he should be charged with Direct Assault with Less Serious Physical Injuries. placed under affirmation or deemed to be an agent of a person in authority and 2. 150. the crime committed is Indirect Assault. Mario committed the National Assembly. refuses. Pedro who came to the aid of an agent of a person in authority came to the aid of Ms. in order for Direct Assault to arise it is necessary that the How about the crime committed by Mario in so far as victim of Direct Assault is only an agent of a person in Pedro is concerned? authority and someone came to his aid. or because laying of hands will only qualify Direct Assault 1. Reyes. who was a victim of Direct 1.1. any person who. Ms.4. third paragraph. In so far as Ms.3. 1. Therefore. Pedro suffered Slight Physical injuries. to obey such But why is the crime committed by Mario. hence. Article 149 will not apply because that someone who came to the aid of the person in authority Mario slapped the teacher and the teacher suffered Less who is the victim of Direct Assault under Article 152 is Serious Physical Injuries. crime of Direct Assault because under Article 148. Reyes was being attacked by Mario. Mario laid hands upon the said Article 152 without likewise amending Article 149.2. being present before any such legislative or Assault? Why not Indirect Assault? constitutional body or official. or if it is made on a Person in Authority. books.4. Article 149 Indirect Assault only applies if the victim of Therefore under Article 152. when he too was Pedro became an agent of a person in authority. Hence. its special or standing committees and therefore it cannot be complexed with Direct Assault. At the time and someone came to his aid. an by the Constitutional Commissions. and person in authority. is deemed an agent of a person in authority. without legal excuse. Article 149 with Article 152.1. you reconcile. member authorized to summon witnesses. the Constitutional Commissions and Pedro deemed to be an agent of a person in authority. any 2. Therefore. Reyes is concerned. therefore the crime committed is so it is provided in Statutory Construction that when Qualified Direct Assault with Less Serious Physical there are two conflicting provisions what you do is that Injuries. refuses to be sworn or person who comes to the aid of a person in authority is 2. a person in authority. under Article 152 2nd paragraph. before any commission or committee far as Pedro is concerned the crime committed by Mario chairman or is Direct Assault. deemed to be an agent of a Person in Authority. Mario also committed Direct mayor or a fine ranging from two hundred to one Assault against Pedro who was deemed to be an agent thousand pesos. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Explained further crime committed by Mario in so far as Pedro is concerned is also Direct Assault. If the victim of Direct Assault is a person Mario was Direct Assault.1. in that case. the 2. National Assembly. Mario laid hands upon 1. 1. Direct Assault is a mere agent of Person in Authority Reyes is considered as a person in authority. Therefore.6. the moment Pedro came who is the victim of Direct Assault remains to be private to aid of Ms. Pedro being deemed as an agent of a person in authority. shall be imposed upon Reyes. and that someone was of the assault she was engaged in the performance of his subjected to force employed by force and intimidation by official function. Why the crime is committed Direct 2.1.2. Disobedience to summons issued by the too was being boxed by Mario. its committees. attend as a witness before the 1. authority is also Direct Assault. its committees. having been duly summoned to Assault. It subcommittees. in so far as summons.3.8.5. Mario when he slapped the The reason for this conflict is that congress amended face of the teacher. is absorbed by Direct Assault. individual. Ms. when he ART. a less grave Felony. Reyes was a teacher in the performance of her official function. when he too was attacked. 184 . or Pedro is concerned. the crime committed by the offender.1. The reason is that under Article 152 2nd paragraph. a light felony. Reyes. to produce any 2. attack on an agent of person in authority is considered subcommittees or divisions. therefore.4.4.The penalty of arresto as Direct Assault. or both such fine and imprisonment of a person in authority when he came to the aid of Ms. in authority.7. . subcommittees. 1. That someone When Ms. (Congress). its committees or subcommittees. Pedro assaulted. divisions.

2. 151. upon receipt of the summon he immediately incriminate him into the commission of the crime. documents.1. papers. Is he liable under Article 150? the crime. when required by them to do so in the be imposed upon any person who exercise of their functions. he allowed 3. because under your constitution bill hearing. documents. any person in authority. Refusing to be sworn or placed under affirmation And fifth act he induces disobedience to a summons. to obey summons of the Congress. 1. Inducing disobedience to a summons or refusal to be 2. while engaged in the performance of official These acts are punished under disobedience to duties. or legal excuse for not appearing. or sworn by any such body or official.1. the penalty of it is necessary that he has no legal excuse for his arresto menor or a fine ranging from 10 to P100 pesos disobedience to the said summons. records in his possession. or 3.1. Lukes if he is being asked to produce a book but the producing Hospital. papers. however. . he does not only want not to commissions and its committees. So on the day of the said hearing he was not of the book will incriminate him for the commission of able to appear. disobedience to a summon or himself to be sworn in. that he does not know or he does not want to answer any of this questions then he became liable under A Senate hearing about anomaly in the DENR. 2.4. so therefore he has a valid. 2. summons. incriminate the said person then he has all the right not to answer the said questions.1.2. and he appeared during the said hearing. however when the Senate chair 3. In the problem that shall be imposed upon the offender. Restraining another from attending as a witness in preceding articles such legislative or constitutional body. Resistance and disobedience to a person in 3. of the person who got an invitation.2. witnesses. refusal to be sworn by any such body or members began asking questions he began saying or official. ART. is he liable under Article 150? The answer is no because he has a valid excuse he has a legal excuse for not appearing in the said committee The answer is no. if the said answer to the question would as disobedience to summons issued by Congress. as a witness. a 2.3.4.2. sub-committees or appear to the said hearing he also restrains other divisions. authority is not of a serious nature.1. 2. 2.2. 3. When the disobedience to an agent of a person in Under the first act for one to be liable under Article 150. the offender restrain another from and subcommittees. who shall restrain another from attending he also becomes liable under Article 150. Refusing to answer any legal inquiry or to produce authority or the agents of such person. X received the summon What if he refuses to answer because his answer would however.2.4. once 3. when required by them to do so in Under the second act the offender receives the summon the exercise of their functions. he appeared. of rights “no person can be compelled to be a witness against himself” therefore if the production of the said So under Article 150 the following acts are considered books. the Constitutional attending as a witness. or by any commission or committee persons who are being invited by the said committee chairman or member authorized to summon hearing not to appear. a summon from the Senate Committee Chair was X. I gave the said person who received the summon was 185 . who shall induce Under the third act punished. 1. And one Article 150. while being before such legislative or constitutional body or official. 2. its special or attending committees Under the fourth act. charged in the hospital. shall resist or seriously disobey 5.The penalty of any books. or records in his arresto mayor and a fine not exceeding 500 pesos shall possession.4. not being included in the provisions of the 4. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 2. What suffered hypertension and he was brought to St.4.2. the agents of such person.1. Refusing without legal excuse. The same penalty shall be imposed upon any he is asked to raise his hand in order to swear to tell the person truth and nothing but the truth he refuses to be sworn 3.

Is Mang Pedro ART. 3.2. Note that in Article 151.1. individual or 2. authority.3. by appointment by competent authority. 1. persons charged with the supervision of either by a Person in Authority or an Agent of a Person 3. Code. professors and Resistance and Disobedience the order may be given 3.3.2. 1. the 3. Hence Pedro to go home. Mang Pedro sat on the floor. 3. 1st paragraph. And the other one is simple was ongoing. public or duly recognized private schools. 148. . 19. Code. 2. Police officer X order was only an agent of person in authority . colleges and order is given only by an agent of a person in authority.2. 1985 186 .4. But in case of Simple Disobedience. barrio councilman. 3. Sept. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 There was this fiesta and there was this singing contest.2. universities. 1. barangay leader and agent of a person in authority police officer X cannot be 3. is charged with performance of official duty or gives a lawful order 2. A person in authority or his agent is engaged in the 1. 873. Who shall be deemed as such136. An agent of person in authority is engaged in the 2.1. 1. 1. Mang Pedro just sat on the stage looking at the audience. A barrio captain and a barangay chairman shall 2. hence. commission. Such disobedience is not serious in nature. Simple disobedience. instead of obeying police crime committed is simple disobedience. some court or ELEMENTS OF SERIOUS DISOBEDIENCE 1.2. the protection and security of life and 2. Mang Pedro. the maintenance of public order and to the offender. any person who comes to the aid of persons considered as serious in nature.3. went on stage. governmental corporation. 299. 3.2. teachers.4.3. He had taken a bottle of beer and he kept shouting and In the problem that I gave the person who gave the shouting. That the act of the offender is not included in the A provisions of Arts. June 12. 1. by election or 1. any person directly vested with jurisdiction. While the singing contest serious disobedience. board. 1973 and Batas Pambansa Blg.1. in case of 2. roaming around the stage. by direct provision of law or ELEMENTS OF SIMPLE DISOBEDIENCE 1. he is liable under Article 151 2nd paragraph Simple In applying the provisions of articles 148 and 151 of this Disobedience. person who. He ordered Mang the near the canal it is not serious disobedience. or 1. and 150.2. in Authority. When ordered to go in authority. Such disobedience is not of a serious nature. home. 2.2.2. performance of official duty or gives a lawful order shall be deemed a person in authority. person in authority or his agent. Resistance and serious disobedience 1. he was shouting and shouting. shall be deemed an agent of a person in authority.1. such as a 3. as a member of 1. Persons in authority and agents of persons in liable of any crime? authority.1. to the offender. The offender resists or seriously disobeys such also be deemed a person in authority.In applying Mang Pedro is liable under Article 151 that is simple the provisions of the preceding and other articles of this disobedience. he just sat on the stage in front of the audience.2. 3. 149. TWO ACTS PUNISHED whether as an 1. officer X. 1.1. Article 151 punishes two acts we have resistance and There were so many audience. and 136 As amended by PD No. The offender disobeys such agent of person in property. Suddenly here comes Mang Pedro who disobedience. barrio policeman and The act of Mang Pedro disobeying an order made by an 3. the who was manning the said event in order to ensure police officer the offender disobeyed him he just sat on Peace and Order went to Mang Pedro. 152.

if the act is not included in the provisions of articles 131 and 132. lawyers What are the acts punish under tumults and other 4.3. shall interrupt or disturb 2. if caused by more than three persons 2. he told The penalty of arresto menor and a fine not to exceed person X. Burying with pomp the body of a person who has disturbance in a been legally executed. There is a qualification “if the act is not included in Articles 131 that is Prohibition.2.1. Interruption and The disturbance or interruption shall be deemed to be Dissolution of Peaceful Meetings and 132 Interruption tumultuous of Religious Worship. Interrupting or disturbing public performances. shall bury with pomp the body of a person was disturbed. OTHER DISTURBANCE OF PUBLIC ORDERS Chapter Five 1. Making any outcry tending to incite rebellion or its medium period to prision correccional in its sedition in any meeting association or public place minimum period and a fine not exceeding 1. public Under the first act: Causing any serious disturbance in 2. .1. he also 1. ACTS PUNISH UNDER TUMULTS AND shall be deemed persons in authority.000 pesos 4. the 1. Displaying placards or emblems which provoke a shall be imposed upon disturbance of public disorder in such place.3. individuals and public officer and by many people.1. 131 and 132 upon persons causing any disturbance or interruption of a tumultuous character. 187 . peaceful meetings. 1.The penalty of arresto mayor in 3. 1.1. he is there for purposes of the which provoke a disturbance of the public order. a public place.1.1. shall make any outcry tending to incite things negative to the president.3. office or establishment. public place. functions or causing such disturbance must be planned.2. office. Article 153 is not committed 3.1. he was against the pork barrel but he was not against the President. gatherings. he began attacking the use. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 4. One of the public rebellion or sedition or officers in attendance heard this and that is not the 3. provided with means of violence. in the actual performance of their disturbance of public orders? professional duties or 4.2. to stop. by 1. performances. 2. armed or against the pork barrel and it was attended by private 2. or of the President but he went beyond the limit. any person who in any anomalous use of pork barrel by Congressmen’s. functions or gatherings or peaceful The penalty next higher in degree shall be imposed meetings if the act is not included Arts. Tumultuous disturbance or interruption liable act is not included Arts. And so what he did. 153. otherwise. attacked the president below the belt saying personal 2. or So these are the five acts punished as tumults and other 1. the meeting of article 85. 131 and 132 to cause disturbance. who are There was this rally in EDSA. The act of 2. on the occasion of such performance. the rally in EDSA was 2. Tumults and other disturbance of public functions or gatherings or peaceful meetings if the orders. association. What crime or crimes are committed by who has been legally executed. The meeting was interrupted. When X did not stop he brought out P200 pesos shall be imposed upon these persons who in his gun and fired shots in the air so the meeting was violation of the provisions contained in the last clause dissolved.1. or be the deliberate intent to cause disturbance. ART. any person who shall cause any serious 5. 1. And he also begun attacking the pork barrel 1. Under the second act: Interrupting or disturbing public performances. Then suddenly X went to the stage and took the microphone The penalty of arresto mayor shall be imposed upon and as the leader. Causing any serious disturbance in a public place.2. pork barrel. public place.2. Senators. or disturbance of public orders. meeting. PUBLIC DISORDERS office or establishment 2.1. 1. in such place shall display placards or emblems reason why he is there. establishment. 2. there must 2.2.

2. or disturbance of public disorder in such place. the people believed and the no persons went to MOA. against the government then the crime committed is inciting to rebellion or inciting to sedition and not under A newspaper provides or has stated in its headline Article 153. with all the extravagance of a hero. you distinguish if the crime committed is Article 131 or Article 153? ART. which may endanger the public order. under Article 153 the intention of the offender 2.1. published. Any person who shall maliciously publish or to incite rebellion or sedition in any meeting association cause to be published any official resolution or or public place related to the fourth act and that is.000 pesos shall be in the said meeting.2.1. shall publish or cause to be published as news any false news Another distinction.The penalty of arresto mayor and Article 131 if the said public officer is not a participant a fine ranging from P200 to P1. The economy was affected. to the constituted authorities or the liability is under Article 153 not Article 131. cause damage to the interest or credit of the exercising his freedom of speech. arrived on that day because they believed what was 188 . 2. Interruption and Dissolution of Peaceful prescribe by law is death.2. (3) utterances or (4) speeches 2. headline. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 the said public officer? Is the public officer liable under A person is said to be legally executed when he Article 131? committed a heinous crime wherein the penalty Prohibition. words.1. Now after his death he was being buried as if How would you distinguish Article 131 and Article 153? he was a hero.1. Any person who shall print. or In both acts. (3) be some unconscious outburst of emotion not periodicals.2. death penalty was imposed on Meetings or under Article 153 that is tumults and other him because he was convicted and the said death disturbances of public order.2. whereas Article 153 Tumults and criminal is buried as if he was a hero it will arose public other disturbances of public order can be committed sympathy against the government as if the government both by public officers or employees and private has committed a grave mistake in killing or legally individuals. penalty has to be implemented and so he died by lethal injection. Unlawful use of means of publication and If the offender is a public officer the crime commited is unlawful utterances. it is necessary that the act of making an distribute or cause to be printed. then Articles 131 and 132 can be committed only by public it is considered as violation of Article 153 because if this officers or employees. or (4) leaflets intentionally calculated to incite the people to rebellion 4. publish. or extol any act punished by law. shall encourage disobedience In the example the public officer is a member was a 2. justify. The public officer must be an imposed upon: outsider in so far as the said meeting is concern. which are classified as anonymous. in case of Article 131 the intention 1. or any other means of publication violation of Article 153. Because of this to commit sedition or rebellion. or by (2) is to cause disturbance to public order. or of the offender is to prevent a person from freely 1. or sedition because if the act of the offender is or intentionally calculated to incite the people to rebel 4. . praise. without proper authority. to the law or participant of the said meeting or assembly therefore.1. Mall of Asia. You cannot bury this person as if he is a hero with all the extravagance otherwise Article So what if the offender is a public officer? How would 153 is violated. 3. executing this person. 2. If the said public officer is one among those who participated 1. document displaying placards or emblems which provoke a 3. whereas. 154.1. or Unconscious outburst of emotion 4. freedom of expression State. will be bombed. No foreigners also a person who has been legally executed. So it must be an unconscious outburst of tomorrow at exactly 12:00 noon the biggest mall in the emotion not intentionally calculated to incite the people country.1. or outcry the act of displaying placards or emblems must distributed (1) books. Any person who by means of (1) printing. (2) pamphlets. (2) in the said meeting then the crime committed is lithography. Any person who by the (1) same means. before they have been published officially. which do not bear the real printer's name. The third and the fourth act making any outcry tending 3. and so as a result thereof there was decrease The last act punish is: Burying with pomp the body of in sales.

but it must be followed because it has other explosive within any town or public place been enacted by Congress and it has been approved by calculated to cause alarm or danger. or which are classified as 2. 2. shall discharge any constituted authorities or by praising. 155. or 3. The said law has been enacted by Congress it has to be followed.2. firecracker. The problem that I gave falls under this first act. The Under the last act punish.1. the name of the printer because otherwise they can be held liable under Article 154. offensive to another or anonymous.The penalty of arresto 1. Printing. place. if there was amusements. means or by words. utterances or speeches. .1. while wandering about at night or publisher of the said newspaper knew that their news 3. in case of official prejudicial to public tranquility. other explosives any official resolution or document without proper 1. be held liable under Article 154? The answer is yes by encouraging disobedience to the PUNISHABLE ACTS law. shall cause any disturbance or scandal in the government and there is this group of people giving public places. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 written as headline in the said newspaper. firecracker. publishing or distributing books. provided that the circumstances of the case these leaflets encourages the people. Any person who within any town or public interest or credit of the State. 4. Any person who.1. the publisher. or cause damage to the 1. Any person who shall instigate or take an active officially. Even because they have already printed it.2. Is the said if it is classified as anonymous then Article 154 is publisher of the leading newspaper liable under Article violated. it is necessary that whenever publisher of the newspaper knew that it was false news you make printing it must contain the real printers but nevertheless they published the said newspaper name and it must not be classified as anonymous. or leaflets which do not bear 2. Alarms and scandals. calculated to cause alarm or danger.1. Unlawful Use of Means of Publication? would be this publication by members of those The said publisher is liable under Article 154 Unlawful candidates there is always at the bottom the name of Use of Means of Publication. Disturbing public peace while wandering about at this official resolution to be punishable under Article night or while engaged in any other nocturnal 154 it must be done maliciously. Maliciously publishing or causing to be published 1. So you will notice during election time there 154. rocket. ACTS PUNISHED ART.2.1. periodicals.3. 4. resolution or document note that for the publication of 3. lithography or any other means of imposed upon: publication. Causing any disturbance or scandal in public places said official resolution then the crime is not committed. firearm. rocket. By publishing or causing to be published. no malice on the part of the offender in publishing the 4. As such. Let us say that the RH Law is already been enforced by 4. other disorderly meeting the real printer’s name.2. as news any false news which may endanger the public order.2. Discharging any firearm.1. while intoxicated or otherwise. or state. provided Article 153 is not applicable. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or Under the third act punished. leaflets to any person who gets out of the church.2.1. extolling any act punished by law. Any person who. Encouraging disobedience to the law or to the 1. or before they have been published 2. 2. while engaged in any other nocturnal was false news but nevertheless they published the amusements.1.1. part in 4. they are liable under Article 154. any charivari or pamphlets. by means menor or a fine not exceeding P200 pesos shall be of printing. tells the people not shall not make the provisions of article 153 to follow the provisions of the RH bill. Therefore. 1. 2. provided that it is not 189 . the President. same causing damage to said interest or damage to the shall disturb the public peace. The 3.2.1. by the same 1.4. 3. justifying or 1. or Supreme Court. and 4. If you are questioning a law go to the 1. while intoxicated or otherwise. Therefore. authority. 2. Can these people applicable. prejudicial to public tranquility.2.3.

What crime is committed? alarms and scandals because he causes disturbance of The crime committed is alarms and scandals. serious in nature otherwise Article 153 is the one violated. A person was drunk so from a drinking spree he is now on his way home. bribery. it committed by X? being a light felony. ladies. the public peace and tranquility. by taking the guards by surprise.3. when X went there he saw his Alarms and Scandals under Article 155 is a light felony. The ignore the irritating voice. the offender convicted of Alarms X is liable for attempted murder. there were so many people in the park X went there. But what if aside from singing went in the middle of the park where this people are he took hold a bat and he would bang all the gates of the having merry making and then thereafter X pulled out house repeatedly. 190 .D. What if in the same problem. intimidation. It 1. even if the penalty prescribe by law is a light penalty of Arresto Menor. He is not in his own self he is singing There were so many people in the park here comes X.2. intention of the offender is to cause disturbance of public peace and order. cannot sleep you are so irritated. order is one such penalty. So it is just waste of time. enemy Y so he pulled-out his firearm and with intent to The penalty under the law is only Arresto Menor. all guest were gone only your 2. what is produce instead of music is noise. neighbor is singing on top of his voice. You upon are creating noise disturbing public peace and order. What crime is note even if the penalty is only of Arresto Menor. So you shall be imposed. who is liable 2. 1. When you do a serenade for the benefit of probation. correccional in its minimum period shall be imposed therefore. Even if Y is not hit. It is committed when there is a prisoner convicted menor. shall take place outside of said establishments is only for purpose of the bar and the exam. However when it is charivari. The people were He would pass-by he would bang he becomes liable for so afraid. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 serious in nature. He cannot avail of the It is a mock serenade. any person who shall remove from any jail or Crime committed is alarms and scandals. wasting your time. the penalty of arresto mayor the voice was so ugly irritating to the ears. instead of using of arresto mayor in its maximum period or prision musical instrument we make use of broken cans kettles. or 3 o’clock in the morning. top of their voice. it is a light felony. penal establishment any person confined therein or What if you have a neighbor and it was the birthday of 2. So it was okay. is an overt act directly connected to murder. Provided that it is not intention is to disturb public peace and order. X on his own his way home. So under Article 156 that is delivery of prisoners from The penalty for alarms and scandals is only arresto jail.The penalty woman. Delivery of prisoners from jails. by final judgment or a detention prisoner but who must waste of money of paying a lawyer because you are be in jail or in a penal institution and the offender irritated by the said voice. shall help the escape of such person.1. under alarms and scandals? But in real life do not file a the same penalties shall be imposed in their minimum case of alarms and scandals because you will just be period. Therefore Alarms and Scandals under Title 3 is against public the crime committed is attempted murder. . however it was already 2. you make good music in order to encourage the said ART. and Scandals cannot avail the benefit of probation the fact that he fired the said firearm with intent to kill under P. You cannot sleep If other means are used. all the gates of the house? his firearm and fired shots in the air. 968 because among those disqualified to there is already an attempted felony because the said avail the benefit of probation is any person who has charging the said firearm with intent to kill against Y been convicted of the crime involving public order. 156. It is only for the purpose of removes or helps in the escape of the prisoner. by means your neighbor and your neighbor rented a videoke and of then your neighbor together with the guest is singing on 2. Can the said person be held liable for alarms and scandals? If the escape of the prisoner Yes it is disturbance of public peace and tranquility. Y however was not hit. But kill he shot Y. The offender What is charivari? has to execute the said sentence. violence. you use guitars you put your best foot forward. because if it is serious in nature said bar exams but in real life you should just patiently the violation is Article 153 not Article 155.

Article 157 prisoners from jail under Article 156. hence. The circumstances which may qualify the penalty in ELEMENTS delivering of prisoners from jail are: If the said act of helping in the escape of prisoner is committed by means 1. are those serving in Muntinlupa in the new bilibid prison. That the offender removes therefrom such person. employees of the penal institution. punishes Evasion of Service of Sentence. jail because in so far as the custodian is concern when he helps in the escape of the prisoner the liability is Article 156 is the crime committed by the person who infidelity in the custody of prisoners under Article 223. by escaping during the term of his final judgment. by means of unlawful entry. of prision correccional in its medium and maximum or helps the escape of such person periods shall be imposed upon 1. he can be In case of evasion of sentence the offender is a prisoner an insider in the penal institution. He evades the service of his sentence by escaping during the term of his sentence. Offender is a convict by final judgment. Evasion of service of sentence. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ELEMENTS Chapter Six EVASION OF SERVICE OF SENTENCE 1. provincial jail. sentence which involves deprivation of liberty and the said offender evades the service of sentence by escaping The custodian cannot commit delivering prisoners from during the term of his sentence. Hence prisoner who escapes from the penal institution? crime committed will be infidelity in the custody of If the prisoner is a prisoner convicted by final judgment. (5) roofs. prisoners under Article 223 and not delivering of he becomes liable under Article 157. There is a person confined in a jail or penal establishment ART. he can be an outsider convicted by final judgment and he must be serving a to the said penal institution except the custodian. assist in the escape of the prisoner or those who removes The government entrusted upon him the custody of the the prisoner from jail. Provincial jail they are merely detention prisoners. or unless they are proven guilty beyond reasonable doubt. by breaking (1) doors. Manila However. 3. of violence. (2) false keys. he can be a private individual. (4) judgment. He is serving his sentence which consists in deprivation of liberty. or either be a detention prisoner or a prisoner convicted by 4. (3) deceit. (2) windows. A mere detention prisoner those in the city jail.The penalty 2. if such evasion or escape shall have taken City Jail. Quezon City Jail or those in the Municipal place Jail. they are still presumed innocent walls. Prisoners convicted by final judgment imprisonment by reason of final judgment. 2. by using (1) picklocks. In evasion of service of sentence who is the offender? The offender is a prisoner convicted by final judgment. Detention prisoners are not yet convicted by final 2. 3. What about the crime committed said prisoner and therefore the moment he helps in the by the prisoner who is removed from the penal escape of a prisoner there is breach of trust and institution? Or what is the crime committed by said confidence repose by him by the authorities. The offender can be any person he can be a public officer or employee. (3) gates. any convict who shall evade service of his Who is the prisoner being referred to under Article 156? sentence He can be a detention prisoner or prisoners convicted by 2. or (6) floors. municipal jail they cannot commit evasion of sentence because they are only there because they have no money to post bail or the crime they are accused of is a non-bailable offense and the evidence of guilt is strong but they are not yet proven guilty. . through connivance with other convicts or final judgment. In case of delivering prisoners from jail the prisoner can (4) violence or (5) intimidation. intimidation or by using bribery. 157. 191 . 1. Detention prisoners those in the city jail. the penalty shall be prision correccional in its maximum Who is the offender who may commit the crime? period.

That night. another crime. Y happens to be a rich man. night. That he is tired of his life inside. because they are not guard. It will penalty for evasion of service of sentence? not constitute a separate of distinct charge but it would be a circumstance that would qualify the imposable 1. therefore. and that is Direct Bribery under Article X informed Y that he already wanted out of the penal 210. His friend was inside based on the judgment of the court he becomes liable for the jail or penal institution. Infidelity in X is a prisoner convicted by final judgment. roofs or for Delivering Prisoners from Jail under Article 156 floors. windows. Y asked the guard to allow his friend to behind bars of course he wants to get out he does not escape. The guard agreed and so a check in the case they are arrested can they be held liable of evasion amount of P100. false keys. When the custodian agreed. What crime or crimes is/are committed by X. he penal institution. Y did not only talk to 223.000. and Y assist in the escape evasion of service of sentence. the custodian already agreed become liable for evasion of service of sentence the to allow his friend X to leave that night. institution. and the front gate of the penal institution. and so he was of the said prisoner. also allow his friend to leave he would give him three prisoners escaped from Quezon provincial jail in P100. Y gave to the said custodian a In infidelity in the Custody of Prisoners. gates. the fact that bribery What are the circumstances which will qualify the was used would qualify the imposable penalty. So the custodian would be liable for 2 crimes. He told the Direct Bribery because he received Bribe money in custodian that if he would allow his friend to leave that order to allow the escape of the said prisoner. penalty in Delivering Prisoner from Jail. Using picklocks. involves deprivation of the prisoner be behind bars even if the prisoner is liberty. So Y also 192 . enters the place which he is prohibited from entering Delivering Prisoners from Jail. You always hear from the news. connives in escape of the prisoner under his custody. or conniving with the escape of the Prisoner under To help his friend. Conniving with other convicts or employees of the custody of prisoner X. Destierro as you have studied in hence.000. But since the custodian received serving his sentence. his friend X would still pass by the guard Bribery. talked to the custodian of prisoner X. Hence the said custodian because he knew that even if the said when the custodian received bribe money. Y before leaving the penal institution Article 223. under Article check in the amount of P 500. Y. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 talked to the guard at the front gate of the penal Therefore the law recognizes the fact that if such person institution. If the escape is done through an unlawful entry. Since Y assisted in the escape of his friend by means of giving bribe money. disguise. he being the custodian.000. he is liable under Article 157 Evasion of Service Book I is a penalty which does not include of Sentence but such escape was done in connivance imprisonment the offender is only prohibited from with the employees of the penal institution. by the said custodian of X and by the said guard The second element requires that he must be serving a at the front gate of the penal institution? sentence that involves deprivation of liberty. the custodian becomes liable for his best friend visited him. Bribery is not a qualifying circumstance. is a deprivation of liberty although partial not total in nature. deceit. X was able to escape from the penal persons convicted by final judgment. In so far as the custodian is concerned. bribe money from Y. 3. the penalty the custody of Prisoners by connivance with the escape imposed on him was Reclusion Perpetua.000 was issued by Y in favor of the said of sentence? The answer is no. guard in the front gate of the penal institution would three prisoners escape from Palawan provincial jail. walls. The custodian is liable under Article 223. When the convict sentenced with destierro In so far as Y is concerned. by Y. and if this moment he leaves. entering a place stated in the judgment of the court. and that Infidelity with the Custody of Prisoners by consenting he was begging Y for help. he is liable under Article 156. of his friend. His for evasion of sentence to arise it is not necessary that sentence. one institution. therefore X is convicted by a prisoner of final judgment. According to him. qualified by bribery. convicted by destierro. Breaking door. Reclusion Perpetua. he would give the said custodian P 500. and he escapes during the term of his sentence. So Y is liable 2. violence or intimidation. he being given 4. Hence there Penal institution. One day during his visiting hours. After their conversation. it the Evasion of Service of Sentence will be qualified by also involves deprivation of liberty because there is a the act being in connivance with the employees of the prohibition for him to enter a certain place. he becomes custodian would allow him to leave the penal liable for a separate and distinct charge of Direct institution. and the other one is under Article 210.

157. RPC).A convict who shall evade the service of his 1. nor of any negligence on committed by Chito. Two counts of Corruption of Public Officials 1. b. earthquake.00. on the occasion of disorder resulting from a and Vincent. he is liable for the crime of Direct Bribery cause in as a co-principal of Chito by indispensable order to allow the escape. Article 156 qualified by bribery. but when Chito gave her P50. or other calamities.00 in consideration of the order she qualified by Bribery under Article 156.000. committed the crimes of: two prisoners to be brought out of jail. What crime or crimes. the Clerk a. The Branch Clerk of Court committed the crimes of: penal institution that is under Article 157. 3. Delivery of Prisoners from Jail (Art. She then prepared an Order requiring the Evasion for leaving unguarded the prisoners appearance in court of Willy and Vincent. refused. 171. ostensibly as escorted by him and providing them an witnesses in a pending case. and delivered the Order to the jail warden b. and he helps or assist indispensable cooperation if he was aware of the in the escape of prisoner X and he did so by receiving criminal plan of Chito to have them escape from bribe money. 2. Willy committed the crime of Delivery of Prisoners The guard at the front gate of the penal institution is from Jail (Art. committed the crime of Evasion of 1. Falsification of Public Documents. Edwin. or 193 . Edwin. a. as a principal institution is concerned. conflagration. and his cousin Vincent. Willy and Vincent were there being no showing that he was aware of what able to escape. RPC). 3. 156. RPC) for accepting the 2. 156. explosion. he would not be liable for said Bribery if used in removing a prisoner from Jail under crime if he escaped pursuant to human instinct Article 156 is a qualifying Circumstance. RPC). he received bribe money. earthquakes. the prisoner by final judgement committed Service of Sentence (Art.2. being a prisoner serving sentence by final So to summarize the crimes committed are as follows: judgment.000. as a co-principal of Vincent by indispensable To secure a release of his brother Willy. and the jail warden? Explain your custody of prisoners. consenting the escape of the prisoner . he is liable under Article 156. who is serving enabled Vincent to evade service of his sentence. if any. 156. Direct Bribery (Art. to enable is liable also of Delivering Prisoners from Jail under the prisoners to get out of jail. for working out the escape of prisoners Willy 1.00 as who. answer. RPC). Willy. otherwise. Vincent. The guard at the front gate of the Penal Institution forging the judge's signature thereon. RPC) as a principal by not the custodian of prisoner X. Infidelity in the Custody of Prisoners. violation of Article 156 Delivering Prisoners from Jail. only. prison and he did escape pursuant to such criminal Delivering Prisoners from Jail qualified by Bribery. 172[1]. had been his subordinates had done. issued to enable the prisoners to get out of jail. by leaving the penal institution where he a. she specifically conniving with or consenting to consented. 223. Therefore. At first. X.00 to leave the two inmates to escape (Art. Chito also unguarded and allowing them the opportunity gave Edwin P50. The custodian is liable for Infidelity in the Custody b. (Art.3. RPC). The jail warden did not commit nor incur a crime. and unguarded for three minutes and provide them with an 6.000.000. escape being in connivance with the employee of the 4. RPC) shall have been confined. Evasion of Service of Sentence (Art. Direct Bribery for receiving the P50. RPC). Delivery of Prisoners from Jail (Art. the Branch Clerk of his part that would amount to infidelity in the court. conflagrations. 158. Edwin. the jail guard who escorted the prisoners in Clerk of Court to issue an Order which would allow the getting out of jail. the crime committed is by inducement (Art. sentence for homicide. 210. She forged the judge's opportunity to escape (Art. Evasion of service of sentence on the occasion The crimes committed in this case are as follows: of disorder. allowed Willy and Vincent to go out of jail consideration for leaving the prisoners in the company of an armed escort. Vincent. plan. Y is liable for Delivering prisoners from jail P50. . 1. Thus.1. 157. (BAR 2014) ART. Chito committed the crimes of: sentence. signature. RPC) for escaping Evasion of Service of Sentence qualified by the during the term of his imprisonment. RPC). d. Falsification of Public Document for forging the of Prisoners under Article 223 by conniving and judge's signature on said Order (Art. and further c. 210. Chito asked the RTC Branch 5. a detention cooperation for making the false Order that prisoner. cooperation for making the false order and 4. and 1. opportunity to escape. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 In so far as the guard at the front gate of the penal c. 212. in turn.

2. which in no case shall exceed 6 months. What if in the same problem despite the fact that he This time the law requires that he must be serving a heard the President announced that the calamity had sentence in a penal institution. similar catastrophe. And sentence which shall not exceed 6 months. authorities Hours later he saw the President in TV announcing that 3. shall suffer an increase of A is a prisoner convicted by final judgment and then 2. the penal institution there will be a better deduction 2/5 So it is not in the act of leaving but in the act of failing deduction if he will survive. or to give him up to the authorities that will give rise to 1. He is serving his sentence under the original sentence. And there is a disorder already lapsed he did not returned within 48 hours. announcement from the chief executive. He was so loyal to Under Article 158 there is another kind of evasion of the government that after leaving he still returned. Congress 137 See page 22 194 . So he is given a hours. within 48 hours following the issuance of a the earthquake had already lapsed and there will be no proclamation by the Chief Executive more aftershocks. So there will the fifth element requires that he failed to give himself be an additional 1/5 on the remainder of his sentence. sentence in a penal institution. and later on he Again the offender is a prisoner convicted by final discovered that everybody had left he is the only one judgment. 1/5 of the time still remaining to be served there was this earthquake. up to proper authorities despite the fact that the He is given an additional penalty of 1/5 from the President has already announced the passing away of remainder of his sentence but shall not exceed 6 this calamity. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 1. The crime will only arise if he failed to give himself up to the proper authorities So yung umalis 1/5 deduction. Because if he will not survive he will not benefit from this. He gave himself up to the proper 3. shall be entitled to the deduction provided in credit a premium by the state for he already left.5. service of sentence. leave the penal institution? He just heed under the table while the earthquake was ongoing. This is known under Book I article 98 as special allowance for loyalty. What is the effect of his criminal liability of his act of returning to Convicts who. What is the effect on his criminal this time he must be serving his sentence in a penal liability? institution and then there was this calamity and he This has been amended by Republic Act 10592 which escapes at the time of this calamity. but the one who stayed within 48 hours from the time that the Chief Executive who is so loyal to the government who did not even leave had announced the passing away of the said calamity. hours from the said announcement by the chief executive that the said calamity has already lapsed had What if he is so loyal to the government that he did not already passed away. was approved last May 29. earthquake explosion or any other the authorities looked for him and he was arrested. He failed to give himself up within 48 months. 2. So conflagration. during a mutiny in which he has not the crime. if he shall fail to give himself up to the with the other prisoners left the penal institution.2. magnitude 7 so everything was shaking.1. at the new bilibid prison. calamity or there is a mutiny in which he has not What is the effect on his criminal liability? participated. Always a prisoner by final judgment but by who stayed there. there will be a deduction of the authorities within the above mentioned period of 48 1/5 form his term of original sentence. Again the offender is a prisoner Therefore he is given a prize. a reward and that is convicted by final judgment and he is serving his deduction of 1/5 form his original sentence. evasion of service of sentence. shall give themselves up to There will be a deduction. participated. So X together 3. The fourth element requires that the said There is an additional 1/5 from the remainder of his prisoner escapes during this calamity or disorder.1. announcing the passing away of such authorities within 48 hours after hearing the calamity.4. There was this earthquake 2. under the circumstances mentioned in the penal institution? the preceding paragraph. and then returned. he left article 98137. 2013 and based on this amendment by Congress the said person who did not The mere act of leaving the penal institution during the leave the penal institution in times of calamity will be time of this calamity will not immediately give rise to given a deduction of 2/5 from his sentence.

While in the house he saw the of pardon exceeds or is more than 6 years. violates any of the terms he becomes liable for evasion 1.1. ART. He commits evasion judgment. 159. of service of sentence. any of offender must always be a prisoner convicted by final the conditions of the said pardon.2. while serving the same. Here under the 2nd circumstance whereas a mutiny is an act of insubordination of the Evasion of Service of Sentence is not a substantive subordinates or the inmates against the head of the offense because no new penalty is reposed on the said penal institution. The offender shall be imposed with a new 195 . the one who left and returned. The moment he Besides the provisions of Rule 5 of article 62. So therefore he duly escaped and he left On the other hand. Unlike SERVICE OF PENALTY IMPOSED FOR an absolute pardon which is not subject to any condition ANOTHER PREVIOUS OFFENSE a conditional pardon is subject to strict conditions. 160. So those are the 3 ways in which Evasion of Service of . CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 recognizes the fact that this person is more loyal that penalty of Prision Correccional in its minimum period. shall violate any of the conditions of such offender escapes penal institution in times of pardon. any person who shall commit a felony after of service of sentence. no new penalty will be imposed on him. offense. Article 158. if the penalty remitted by the grant the penal institution. a riot is Evasion of Service of Sentence is considered as not a not a mutiny because it is a fight among inmates substantive penalty. having been granted offender escapes the penal institution. before beginning to serve such sentence. 1. Therefore the moment a convicted prisoner has ART. He is announcement by the President. being referred to under Article 159. the convict who. Article 159 evasion of service of sentence by violation of Those are the three kinds but note whatever be the kind conditional pardon. Article 159 Evasion of Service of Sentence by original sentence. Penalty. Other cases of evasion of service of sentence . offender. That is the changes Here Evasion of Service of Sentence for violation of brought about by RA 10592 it was approved last May conditional pardon of Article 159 is a substantive 2013. the convict shall then suffer the unexpired portion of his 3. If the penalty remitted by the grant of pardon does not exceed 6 years for having violated the terms and conditions of the pardon. Evasion of Service of Sentence when the 2. the said calamity. if the penalty remitted by the granting of such declaration of the executive of the passing away of pardon be higher than 6 years. having been convicted by final judgment. Article 157 Evasion of Service of Sentence when the 1. - comply with the strict conditions. The offender is a convict by final of Evasion of Service of Sentence whether it is in Article judgment and he was granted conditional pardon by the 157 or under Article 158 or under Article 159. shall be punished by the maximum period of the The answer is it depends. During the time of a riot A who was not a participant in the said riot. period shall be imposed upon 1. 2.The penalty of prision correccional in its minimum Sentence can be committed. authorities within 48 hours following the 1. violation of conditional pardon. or Is Evasion of Service of Sentence under Article 159 a 1. It is a substantive offense because a new penalty is imposed on the offender. Even if the President announcing that the riot already lapsed and offender violates the terms or the conditions of his he immediately returned within 48 hours from the pardon. the Chief Executive but he violated any of the terms. Commission of another crime during service accepted his conditional pardon it means he has to of penalty imposed for another offense. substantive offense? 2. he be given the deduction of 1/5 on his sentence? Since no new penalty is imposed upon the offender. Upon his return will only required to serve the remainder of his sentence. conditional pardon by the Chief Executive. calamity and failed to give himself up to the proper However. There are two situations penalty prescribed by law for the new felony. The answer is no because a riot is not a mutiny. Chapter Seven Just like an absolute pardon a conditional pardon will COMMISSION OF ANOTHER CRIME DURING not free the offender from his criminal liability.

2. 2. shall be pardoned at the age of 70 years if 1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Any convict of the class referred to in this article.1. right? Quasi-recidivism is a special aggravating circumstance it is not a felony. 196 . unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. A quasi recidivist is any person who after having been convicted by final judgment shall commit a felony before serving his sentence or while serving the said sentence. who is not a habitual criminal. And under Article 160 the maximum period of the penalty prescribed by law shall be the one imposed hence it is a special aggravating circumstance. when he shall complete it after reaching the said age. 1. Quai-recidivism is misplaced because you have studied this already in book I. or 1. Article 160 should be in book I because it is not a felony but a special aggravating circumstance. Book II speaks of felony then suddenly there is Article 160. he shall have already served out his original sentence.

and COUNTERFEITING OF COINS 3. 2.Any person who (1) makes. Philippines. 2. is liable under Article 162 Y is liable under Article 162 because he knows that the said Regardless of the coin. despite such knowledge he moment it is copied the offender becomes liable for used the same.000 pesos. Making and importing and uttering false FORGERIES coins139. nevertheless Y used the said document in a transaction. 1. 163. 4202. The was a forgery.A. the president. 3 ACTS PUNISHED UNDER ARTICLE 163 1. nevertheless. Central Bank of the Philippines below ten- centavo denomination. CRIMES AGAINST PUBLIC INTEREST Counterfeiting Coins138 Chapter One ART. That any person who shall violate this Decree shall. There is counterfeiting of coins when the offender X forged the signature of the president in a public imitates a genuine and authentic coin. Counterfeiting of Coins because what is being punished by the state is the act of counterfeiting or imitating the 138 PD No. 247 July 18. Using forged signature or counterfeit seal or 3. Y.000 mutilate. the signature or stamp of the Chief Executive. 1965 Philippines. who shall forge 2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Title Four Section Two. old or vintage coins. 161. if the upon any person who shall knowingly make use of counterfeited coin be currency of a foreign 1.The penalty Philippines of ten centavo denomination or of reclusion temporal shall be imposed upon any person above. a falsified one. crime committed is counterfeiting of coins. as long as it is a genuine of document contains the forged signature of the authentic coin. in any manner whatsoever. Counterfeiting of coins. Forging the great seal of the republic of the 3. the signature or of the minor coinage of the Philippines or of the 3. on the other hand. and 197 . That it shall be unlawful for any person to willfully deface. forging the Philippines or coin of the Central Bank of the signature or stamp of the Chief Executive . What crime or crimes is/are said to be committed by X In counterfeiting of coins. Counterfeiting the great seal of the if the counterfeited coin be silver coin of the Government of the Philippine Islands. in connivance with counterfeiters. ART. or it document. burn or destroy. (2) imports. the Great Seal of the Government of the medium periods and a fine of not to exceed Philippine Islands or P2. be punished by a fine of not more than P20. . a counterfeited one. then he gave the said document to Y. Prision correccional in its minimum period and stamp. the counterfeit seal or country. . forged signature or stamp mentioned in the preceding article. and that it was X who forged the same.000 pesos. The offender document. upon 1. tear. . Forging the stamp of the President. 3 ACTS PUNISHED UNDER ARTICLE 161 2. importers. Forging the signature of the President. or Section One. could be a coin which is in circulation during the old times. Prision correccional in its minimum and 1. currency notes and coins issued by the Central Bank of the 139 As amended by R. ART. It can be a coin X is liable under Article 161 because he was the one who issued by the Bangko Sentral ng Pilipinas in present forged the signature of the president in the said circulation. the coins which may be the and Y? subject of counterfeiting can be any coin. Prision mayor in its minimum and medium periods and a fine not to exceed P10.The penalty of prision mayor shall be imposed a fine not to exceed P1. Altering false coins. No. 1973: 2.000 pesos. false coins. He is liable under Article 162. and 1. approved June 19. Y knew copies the peculiar design of the said coin and creates a that the signature of the president in the said document spurious one. 162. conviction. or it could be a coin of foreign currency. if the counterfeited coins be any 2. stamp of the Chief Executive. and/or by imprisonment of not more than 5 years. shall suffer: Forging the seal of the Government of the Philippine Islands. or (3) utters. Importing of false coins. The moment that it is imitated.

shall possess false or mutilated coin 2. necessary for the coins that are the object of mutilation shall suffer a penalty lower by one degree than that must be one that is in present circulation. mutilated by another person with knowledge that the public will not receive it because it is not current the said coin is counterfeited or mutilated. But they can be ART. the 1. and C were playing Kara y Kruz offender brings into Philippine ports any of these before they would throw the coin in the air. any person who shall mutilate coins of the legal issued by the Bank Sentral ng Pilipinas. TWO ACTS PUNISHED UNDER ART. Possession of Counterfeited or Mutilated Coins by crime of Mutilation will not arise under Article 164. coins that must be the subject of Mutilation must be 3. therefore part of the metal coin were scrapped. The another with intent to utter the same knowing that reason is that the coin being old and vintage. Importation and held liable under P. it is 2. 247 being currency of the United States or of the a Special Penal Law. Mutilation of Coins. they did not gather the metal dust. and C who are kargadors in the public market. content on the street of the ground on the cemented passes away from one person to another.2.000 pesos shall be imposed upon bursts. utterance of mutilated coins. the crime will immediately arise. . IMPORTATION OF FALSE COINS What if the offenders are three men A.The person who knowingly. Actually uttering coins which are counterfeited or vintage coin is mutilated and it is given to the public.D. After scrapping the metal circulates. metal content of the said coin. without Mutilation of Coins is committed when the offender connivance. ART. although without the connivance mentioned in when the offender scraps or scratches the part or the the preceding articles. Old and Vintage coins. not in present circulation. coins that are of legal tender. the public the same is counterfeited or mutilated. or the contents thereof has been taken off is a vintage coin. Selling of false or mutilated coin. regardless of the kind of coins the act of foreign currency cannot be the subject of Mutilation counterfeiting will arise.D. with intent to utter the same. import or utter mutilated current coins. P. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 peculiar design of the said coin and to make a spurious circulation. they would counterfeited coins. 247 punishes any person who willfully mutilates. exceed P2. connivance with mutilators or importers. If an old and 2. ELEMENTS 1. There must be intent to utter. these pavement. But if the coin mutilated is one of present circulation and then it is Under the first act punished. under Article 164. gives away from one person to another. turns or destroys any coin or currency note 1. still the currency of the Philippines. counterfeited coins. or scratched. There must be possession. There must be knowledge. While waiting for the Importation of false coins is committed when the goods to arrive A. will not be deceived even if it is mutilated. intrinsic value of the coin thereby deceiving public interest. coins which are in present 198 . or in of its metal content. first scratch the coin in the street. 1.1. we have possession of given to another person.D. Mutilation of coins. . 165. So in so far as Mutilation of Coins is concerned. They are not liable under Article 164. and that person is deceived coins counterfeited or mutilated by another person with because in taking a part of the metal content of the intent to utter the same knowing that it is counterfeited content of the coin the offender in effect diminishes the or mutilated. Philippine Islands or For as long as the coin has been scrapped or scratched 2. takes off a part of the metal content of the said coin. Hence. 2. One which is prescribed in said articles. B. as well as coins of one. hence. 164. or In Mutilation of Coins for the crime to arise.The penalty of prision correccional in its minimum period and a fine not to P. Are they liable under Article UTTERING FALSE COINS 164? They are not liable under Article 164 because they do Uttering false coins is committed when the offender not have intent to mutilate. there was not intent to mutilate. B. currency. shall actually utter such coin. 247. intent to mutilate is not required. the 2. 165 If the coin which has been scrapped.

of under Article 165? whatever denomination.5. 199 . knowledge that the coin in his possession is a counterfeited or mutilated one. The last element requires that the offender has obligations and securities. Had he it also includes constructive possession of the said coin had knowledge. checks. importing. police officers saw the five 10 peso counterfeited coins. The vendor gave X bread that is worth 50 pesos. counterfeited. bills. drawn by or upon authorized officers of the Counterfeited coins with intent to Utter in knowing United States or of the Philippine Islands. certificates of indebtedness. By reclusion temporal in its minimum period and a fine not to exceed P10.3. Article 165 for possession of counterfeited coins The second element requires intent to utter. he has the intent to utter the same. The vendor said that X 1. is an obligations or and so the police officers were following X. a tip that X had been circulating counterfeited coins. if the falsified in buying other things. He bought bread Philippines Islands. was charged under Article 165 for possession of 1. of the said vendor.6. the Section Three. The vendor 1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 The first element requires that there must be However. therefore. vendor for the money paid by X. national bank notes. importing and uttering false or forged notes. or peso coins. Forging treasury or bank notes. By prision mayor in its medium period and a can use it as change to other customers or he can use it fine not to exceed P5. drafts for money. worth 50 pesos. It is said to be under constructive was absent. – The (1) counterfeited or mutilated by another with intent or forging or falsification of treasury or bank notes or knowledge that it is counterfeited or mutilated. There is no possession. he would not have given the said person for as long as the coin is under control and dominion of of X the bread worth 50 pesos. There was the intent to utter. and uttering Under the second act punished actually uttering coins. he has the intent to utter the same by any banking association duly authorized by since the vendor placed the counterfeited coins inside law to issue the same.8. such false or forged notes and documents. shall be punished as follows: 2. and they inquired from the 1. By prision mayor in its maximum period and a and dominion. and X paid the vendor five 10 peso coins which The word "obligation or security of the United are all counterfeited. He 3. 1. it was under his control 2. he was in possession. peso coins paid to him were all counterfeited.000 pesos. So he police asked the 1. and so the vendor 1. Actually uttering the said coins.4. the said vendor cannot be held liable under possession. if the falsified or altered document is a circulating note issued Second element. and arrested the said vendor. vendor if X bought anything. The police officers got document which has been falsified. The police officers confiscated the said counterfeited 10 1. Thereafter X hurriedly left States or of the Philippine Islands" shall be held worrying that the officers are after him. that they are counterfeited. ART. fine not to exceed P5. which have been or First element.9. and there the 1. bonds. the third element is lacking. The counterfeited may be issued under any act of the Congress coins were found under his possession and dominion. or altered.1. the said drawer. Forging treasury or bank notes on other documents payable to bearer.000 pesos. 166. X was so security (of the United States or) of the hungry he passed by a bakery store. obligations and securities. if the X was been followed by the police. certificates or other obligations and securities payable to bearer and (2) the importation and uttering in ELEMENTS connivance with forgers or importers of such false or 1. forged obligations or notes. opened the opened the cash register. Since the third element the offender.000 pesos. Is the said vendor liable and other representatives of value.2. of the United States or of the Philippine The counterfeited coins were found in the cash register Legislature. certificates of deposit.7. Knowledge on the part of the offender that the coin that he is uttering is counterfeited or mutilated. offender has intent to circulate this counterfeited coins. fractional notes. brought bread worth 50 pesos. The officers to mean all arrived in the said bakery. The possession here does not only refer to knowledge on the part of the said vendor that the 10 physical possession or actual possession of the said coin. 1.

any figures. 3. and second. 2. counterfeiting. the instrument is said to be payable to order when Philippines. 167 and 168 punishes the acts of forging counterfeiting. a treasury or bank note or therefor. or signs contained 1. plus delivery.4. 2.2. words or shall suffer the penalties of prision correccional in its 2. letters.2. bearer.2. by any means the 3. words. 1. when the offender commits the act of 1. utter. in connivance with the forgers or importers. If what has been falsified is a coin. 2.1. . So we now go to Falsification In order to bring about the crime of falsification.1. therein. How is forgery committed? shall suffer the penalty next lower in degree than that The answer is simple under Article 169. the crime committed is falsification.1. 2. If what has been falsified is a document. prescribed in said articles.1. any person who shall evasing.4.1. it is payable to bearer.1. ART. the appearance of a true and genuine document. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 or counterfeited document was issued by a ART. importing and uttering the appearance of a true genuine document. import or 2. other document of credit not payable to 2. letters. with intent to use any of the false or falsified instruments referred to in this section. By giving to issued by a foreign bank duly authorized 1.Unless the note or instrument payable to bearer or payable to act be one of those coming under the provisions of any order. when the forged or altered document is a circulating note or bill 1. 169. counterfeiting or 2. referred to in this section may be committed by any of 4.2.000 pesos.1.1.3. of the preceding articles.2.3. the great seal of the Republic of the hand. signs contained therein. 200 . An instrument is payable to bearer when it can be If what has been falsified is the stamp or the signature transferred by the mere act of delivery. 2. as well as instruments payable to bearer or payable to order. medium and maximum periods and a fine not exceeding P6. A document or a writing is said to be a document in the legal sense of the word if it is capable of creating rights or extinguishing obligations. treasury or bank notes. On the other of the president. – 2.1. any 2. 1. Counterfeiting. instrument payable to order or 2. Any person who shall 2. it punishes the If what has been falsified treasure or bank notes or act of possessing forged currency notes or instrument instruments payable to bearer or payable to order. 167. Likewise. have in his possession. By prision mayor in its minimum period and a the following means: fine not to exceed P2. erasing. or payable to order. When is there forgery? When do you say that the offender has committed acts of forgery? ART. 1.2. .1. it is called Articles 166.1. it can be transferred only upon the endorsement coming from the payee thereof. substituting. or uttering by any 1. substituting. figures.3. it is necessary that the writing that has been falsified must be a document in the legal sense of the word.2. How forgery is committed.2.2. is a writing. Illegal possession and use of false treasury or There is forgery when the offender gives any currency bank notes and other instruments of credit.The forgery foreign government. the crime committed is forgery. instruments not payable to bearer. By 1. 168.2. payable to bearer or order mentioned therein. called forgery. forge. altering 3.000 pesos. knowingly use or means. any instrument. 1.2.

House of the Legislature or official document there is no need for damage or intent 2. it must be issued by evidence of the acts stated therein. X was in it is now considered as a public document or an official possesion of these falsified and unfilled out forms of document. An official document is a document which is issued X. the thing in his possession are fake forms of driver’s license. municipal council. commercial or private document.000 pesos shall be imposed But if the document falsified is a private document. A private document is any deed or instrument was charged with falsification of a public document. They are not complete. resolution. crime committed will depend on the kind of the said Falsification of legislative. They are not capable a public official in the exercise of his official function. telegraph. upon damage or intent to cause damage on the part of the 1. and telephone message. Falsification of legislative documents. the crime of Falsification on the said document 1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 So it is necessary that the writing is capable of FOUR KINDS OF DOCUMENTS WHICH COULD BE extinguishing rights or creating obligations. X can be only be It is necessary to determine the kind of document which held liable under Article 176. fake forms of defined and regulated by the code of commerce or Driver’s License. Fake or falsified unfilled up forms of driver’s All official documents are considered as public license. commercial. public. document the moment that the said public document becomes part of public records. and he was selling these to the people any mercantile laws. document must be complete by itself. The said document must be susceptible of becoming evidence of 1. If the offender falsifies a public. without proper authority offender is a material element.2. X is not A private document may be considered as a public liable of falsification. penalty of prision correccional in its maximum period and a fine not exceeding P6. Instruments or Implements for Falsification. . X was arrested and he 4.2. they are not susceptible of becoming considered as an official document.3. 1. any person who. official or commercial document damage or intent to cause damage on the part ART. Hence. So the police arrested X and 3. The said THE SUBJECT OF FALSIFICATION. and he by a public official in the exercise of his official was selling fake forms of Driver’s License. they are not yet documents in the documents but not all public documents are considered legal sense of the word. offender. Otherwise the crime committed notary public or a competent public official with all is not falsification of document. Is executed by any private individual without any X liable as charged of falsification of the said public intervention of a notary public or any competent document? public official by which document any disposition or X is not liable of falsification of public document because agreement is true evidence or set forth. Driver’s license which are instruments or implements for purposes of Falsification. A commercial document is document which is found in the possession of X falsified. So if a private document So what crime then is committed by X? is submitted to a public official and now becomes part of X is liable under Article 176 that is Possession of public records and thereafter a certified copy released. no name. If the document falsified is a public document. 170. any provincial board or to cause damage? 2. ordinance 2. Without damage or therefor alters any without intent to cause damage on the part of the 1. of creating rights or extinguishing obligation. has been the subject of falsification because whether it is a public. or will not arise. as official document. official. the police got function. the Section Four. Before a public document may be no address. therefore. private documents. damage or intent to cause damage is not a material element because a public document is presumed by law to be 201 . applying for a driver’s license. a tip about these acts of X. bill. was found outside the premises of the LTO. why is it when the document falsified is an 2. and wireless.1.The of the offender is not necessary to commit the crime. 2.1. the solemnities required by law. enacted or approved or pending approval by Why is it that when the document falsified is a public either document.3. A public document is a document issued by the the facts stated therein. hence. and document.

Making untruthful statements in a narration of Article 171 is silent as to the kind of document that has facts. The reason is that the crime of falsification civil status of persons. 4. (2) taking advantage of his official position. Since it presumed by law to be 8. Making any public officer or employee. But the offender being a 6. handwriting. document. alteration or intercalation in a genuine necessarily follows that the document which has been document the subject of falsification under Article 171 is a public 6. signature or offender public officer or employee. or notary Who is the offender under Article 171? who. protocol.The penalty of prision 3. or a notary shall falsify a document by committing any of the public. therefore. is falsified what you are in effect is saying that the 8.3. it is deemed to be evidence of the the issuance thereof in a facts stated therein. 171.3. What you are in effect is doing is perverting the truth which is being proclaimed by the said The same penalty shall be imposed upon any document. which changes its meaning. Issuing in an authenticated form 7.1. it 6. rubric.000 pesos shall be imposed upon any (1) public officer. He instead has taken advantage of his public 2. or If the offender is an ecclesiastical minister. or public would no longer believe in the said public 8. or otherwise intervened 2. Damage or the intent to cause damage is not ecclesiastical minister a material element in Falsification of a Public 1. or a crime to arise. or a notary public.1. or an ecclesiastical minister. following acts: The second element requires that in committing the 1. who shall commit any of the offenses Document. 2. a document purporting to be a copy of an If the person who committed the crime of falsification is original document when no such original an ecclesiastical minister. The offender takes advantage of his official ART. when he has made. mayor and a fine not to exceed P5. or an ecclesiastical minister. being a crime against public interest. registry.2. been falsified. Intercalating any instrument or note relative to authentic and genuine.2.2. said to have taken advantage of his official position 2.1. notary or ecclesiastic minister. document. official book. the crime 7. Attributing to persons who have participated in The third element requires that the offender falsifies a an act or proceeding statements other than document.1 act or falsified.2. including in such a copy a statement will arise if the document that he falsified will affect the contrary to. document has been falsified. If the document that he genuine original. or falsified does not affect the civil status of a person. . official document or a commercial document.1. those in fact made by them. (3) The offender is a public officer or employee. Counterfeiting or imitating any crime it is necessary that the said offender must have 1. enumerated in the preceding paragraphs of this article. Causing it to appear that persons have in the preparation of the document that he falsified. taken advantage of his public function or position. 2. when they did not in fact so participate. The offender falsifies a public document. with respect to any record or document of such damage or intent to cause damage is a material character that its falsification may affect the element. it is necessary that there has been damage caused to the private ELEMENTS OF ARTICLE 171 offended party or to any other person in order for said 1.1. notary public. that of the civil status of the said person. prepared. But if the document falsified is a private document.2 proceeding position in the commission of the crime.2. Article 171 did not state what kind of 5. employee. or different from. when a public document 8. employee or functions or position. Falsification by public officer. or a notary public is 1. or participated in any when he is the custodian of the document that he 2.1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 authentic and genuine. 3. The 1. when will the crime arise? exists. Altering true dates. 7.1. The offender is a public officer or employee. 2. the said ecclesiastical minister is still liable but not under 202 .

There were 12 heirs.2. The reason being that a baptismal certificate would and the offender copies or imitates.2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Article 171 but he will be liable under Article 172 These are the different acts of Falsification. signature or rubric. What is the crime committed by A? signature or rubric. 6. What do you mean by counterfeiting? But what If priest falsified the baptismal certificate of Counterfeiting is the act of imitating any handwriting. rubric. The heirs of the decedent were 7. While in Article 172? counterfeiting there is an original handwriting. or appear that both A and B who were in another country 8.2. to the crime of falsification because although this 5. 7. Article 171 because a certificate of marriage would affect the civil status of a person.1. which changes its meaning. A. an original signature. when they did not in fact so participate. What are the different acts of falsification under Article Is counterfeiting the same as simulating? 171 which is also the same acts of falsification under Counterfeiting is not the same as simulating. an act or proceeding statements other than those in fact made by them. handwriting. that will give rise facts.3 act or 2. and these Falsification of Public. Attributing to persons who have participated in WHEN THEY DID NOT IN FACT SO PARTICIPATE. What is the crime committed by the said priest? (1) COUNTERFEITING OR IMITATING ANY The crime committed by the priest is falsification under HANDWRITING.1. PARTICIPATED IN ANY ACT OR PROCEEDING 3. handwriting. Intercalating any instrument or note relative to the said document. Causing it to appear that persons have counterfeiting and simulation are punished as acts of participated in any falsification. participated in the said extrajudicial settlement of X. SIGNATURE OR RUBRIC. signature or signature or rubric is produced out of mere imagination.3.1.1. 1. Making untruthful statements in a narration of participated in an act or proceeding. protocol. However 2 of these heirs. Article 171 would also be the same acts of Falsification under Article 172. It is inexistent and the offender merely produced one 2. He caused it to 8. Both 2. Altering true dates. that of the of the said document. or country. registry. The priest falsified the certificate of marriage of A. Counterfeiting or imitating any offender. or different from.2. in case of simulating there is no original 1. including in such a copy a statement Philippines at the time of the preparation and execution contrary to. It is Falsification under the 2nd act.1. hence it is impossible for them to have signed 8. 172. the said not actually affect the civil status of a person. signature or rubric.1. alteration or intercalation in a genuine document A notary public prepared this affidavit for extrajudicial 6. Article 171. Issuing in an authenticated form dividing the estate extrajudicially. 2. official book. or public. 1. What crime is committed by the said the issuance thereof in a notary public? 8. Here the offender makes it appear that persons have 4. signature or rubric which is copied or imitated by the 1. an original rubric. Official or a Commercial acts of Falsification which are enumerated under Document by a Private Individual. both A and B were in another genuine original. a document purporting to be a copy of an and all these 12 heirs are signatories under the said original document when no such original document that was the document made by the notary exists. 6.4 proceeding (2) CAUSING IT TO APPEAR THAT PERSONS HAVE 2. Making any the offender made it appear otherwise. There is an original crime committed is under Article 172 and not under one and the offender copies the said handwriting.1. It requires that there is an original The priest would be liable for Falsification under Article handwriting.2. out of imagination that is simulation. hence the handwriting.3. 203 . signature or rubric. settlement of estate. A and B are not in the 7. persons did not participate in the said act or proceeding. The said handwriting.

3. 204 . Falsification of Public. and two next preceding article. since the document falsified is a (7) ISSUING IN AN AUTHENTICATED FORM A Public. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 when in truth and in fact they did not participated in ART. with the intent to cause such damage. (4) MAKING UNTRUTHFUL STATEMENTS IN A and NARRATION OF FACTS. public or official document or participated in the said act or proceedings.2. of the councilors dissented with the said ordinance. Official or Commercial Document. damage to the DOCUMENT PURPORTING TO BE A COPY OF AN offended party or intent to cause damage is not an ORIGINAL DOCUMENT WHEN NO SUCH element. letter of exchange or will arise when the offender attributed to these persons 1.The penalty of prision correccional in its medium and maximum periods and a (3) ATTRIBUTING TO PERSONS WHO HAVE fine of not more than P5. ORIGINAL. and they of the acts of falsification enumerated in the were approving. 2. the moment that the 1. embraced in the next preceding article. The document being Public. in any of the foregoing subdivisions of this anymore explain their dissent.2. or because after stating their no vote. Official or Commercial Document. statements wherein to cause such damage. Official or Commercial other than those in fact made by them. to the damage of another or who. a public officer. statements other than those made in fact by them. Sanggunian Secretary stated in the said minutes that shall be punished by the penalty next lower in degree. shall use any of the false they stated their dissenting opinions but in truth and in documents fact no such statement were made by such councilors 2. Official or ORIGINAL EXISTS. OR Falsification to arise. REGISTRY. The crime 1. Falsification by private individual and use of the said extrajudicial settlement of the estate. persons have preceding article in any participated in an act or proceedings. FALSIFICATION OF PUBLIC. THAT OF THE GENUINE Private Individual.000 pesos shall be imposed PARTICIPATED IN AN ACT OR PROCEEDING upon: STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM.1.1.2. OR INCLUDING IN SUCH A Commercial. the Sanggunian Secretary becomes liable for Falsification under the THREE ACTS PUNISHED third act. statements than that which have been made by these 2. however. Even if the offender is a private individual. So these persons 1. shall knowingly introduce in evidence in any secretary of the Sanggunian.3. produced judicial proceeding or the minutes of the said session statements were already 2. 2. But since the article. they did not 2. WHICH CHANGES ITS MEANING. (5)ALTERING TRUE DATES. OR OFFICIAL BOOK. The and crime will arise because he attributed to them other 2. . Document by a private individual. he attributed to these councilors statements 1.1. they were voting an ordinance. these two explained their votes. Even of the offender is a mere DIFFERENT FROM. falsified documents. OR (8) INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO THE ISSUANCE THEREOF IN A PROTOCOL. 3. or persons. 172. OFFICIAL OR COMMERCIAL DOCUMENT BY A PRIVATE (6) MAKING ANY ALTERATION OR INDIVIDUAL INTERCALATION IN A GENUINE DOCUMENT Here the document that has been falsified is a Public. to the damage of a third party. any other kind of commercial document. Any private individual who shall commit any of the falsifications enumerated in the next Under the said third act punished. no damage is required for the crime of COPY A STATEMENT CONTRARY TO. shall in any private document commit any There was this Sanggunian Bayan session. 1. and so they just stated a no vote without any explanation for Any person who their dissenting opinion. Use of Falsified Document. 2. Any person who. Falsification of a Private Document by any person. with the intent attributed to the said councilors.

He is deemed to be the person who 3.1. once 2. that he is the one who falsified the said document then the appropriate charge is Falsification of a Public THREE ACTS PUNISHED Document. engaged in the service of sending or receiving wireless. If the document falsified is a Falsified Document. It is 3. of any private corporation or concern also applies. during trial on the merits. He was not the person who falsified the same private document. telephone and messages.1. and use of said falsified messages. and Public Document. The charge is wrong. whoever be the offender. and in case evidence would show that he is document used. falsified the said document. damage ART. not an element. and it was verified to be a falsified one. wireless. upon acquittal he can still be document. document using in a single and official transaction. instead they found another person who individual without the intervention of a notary public or falsified the same and he was merely using the said competent public official. the Government or falsification are punished as enumerated in Article 171 1. If a person possesses 1. So in case of falsification of a private document. there must be damage or at least there must was charged with Falsification of a Public Document be intent to cause damage. with the intent of cause such prejudice. Falsifying fictitious wireless telegraph.2. falsifier of the said document.2. Is the charge correct? 3. evidence Under the 2nd act punished the document falsified is a revealed that he was not the one who falsified the said private document.3. one that is executed by a private document. So in this 1. Uttering fictitious wireless telegraph. Double jeopardy would USE OF FALSIFIED DOCUMENT not set in. falsifies the same.1. but if the Falsified Document is used in . telephone case since X is found in possession of a falsified and messages. Can he is still be prosecuted for the the person who falsified the same. Absent damage or intent to was found to be the person who did not falsify the cause damage. whoever be of the said charge. telephone arrested. utters a fictitious in an official transaction. The proper charge for X would be Any person who shall use such falsified dispatch Falsification of Public Document. Therefore the judge acquitted him private document. he should be prosecuted for Falsification of a and messages. hence. or whether he is a private The answer is yes.1. telegraph or arrested. Under the third act if the document falsified is used in a Judicial Proceeding. who a falsified public document and he was using the same 3. or at least intent to cause Jeopardy would not set in because the element of damage. the same acts of 1.1. Double caused in the offended party. telegraph and or intent to cause damage on the part of the offender is telephone messages. in a judicial transaction. it is necessary that there must be damage prosecuted for Use of Falsified Document. not the falsifier then he should be charged with use of Falsified Document. to the prejudice of a third party or a falsified document. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 FALSIFICATION OF A PRIVATE DOCUMENT BY So let us say he was charged with Falsification of a ANY PERSON Public Document. Since the law presumes shall suffer the penalty next lower in degree. Falsification of Public Document and Use of Falsified Document are different. He was charged with Use of falsified 3. Falsification of wireless.1. If based on evidence the person of X individual. and so X was 3. He was found using the same 3.2. 2. 205 . whether he is a public crime of Use of Falsified Document? officer or employee. cable or telephone message X was found in possession of a Falsified Document. telephone message of any system or Document under Article 172. there is no crime of Falsification of a document. Note that in Article 172. 173. any officer or employee of crime to arise. Using falsified fictitious wireless telegraph. the law presumes that he is the 2. cable. Therefore. In Use of Falsified Document is damage an element? So you have the first charged by Falsification of a Public It depends on where or what transaction is the falsified Document.The penalty of prision correccional in its medium and any other official transaction then damage or intent to maximum periods shall be imposed upon cause damage becomes a necessary element for the 1. and not use of Falsified Document. Although X was using the said falsified document.

CRIMINAL LAW REVIEWER
John Ree Esquivel-Doctor |2016

The first act, Uttering fictitious wireless telegraph, and witness saying that in the scheduled hearing the
telephone messages; and the second act, Falsifying witness must present a medical certificate that indeed
fictitious wireless telegraph, telephone messages can be he was hospitalized on this day of hearing. And so the
committed by persons whether he is an officer or counsel informed the witness that in the next hearing
employee of any institution engaged in the business of he must present a medical certificate as to his serious
sending or receiving wireless telegraph and telephone illness. Upon learning this order of the court this
messages. witness became worried because he was not actually in
the hospital. He just didn’t want to go to court and
The third act use of fictitious wireless telegraph, testify. Now he has to produce a medical certificate, and
telephone and messages can be committed by any so what he did was that he went to a friend doctor, and
person. he asked his friend doctor to issue a medical certificate
saying that on the said day of trial he was sick, and that
Section Five. he could not get out of bed, and therefore could not
Falsification of medical certificates, testify in court. Out of friendship the doctor acceded to
certificates of merit or services and the like. the request of friend W, and so on the next scheduled
date of hearing. This witness upon his appearance
ART. 174. False medical certificates, false certificates of before the court produced and submitted to the court a
merits or service, etc. - The penalties of arresto mayor medical certificate issued by this friend doctor saying
in its maximum period to prision correccional in its that on the previous date of hearing the said witness
minimum period and a fine not to exceed P1,000 pesos was seriously ill, hospitalized and could not get out of
shall be imposed upon: the hospital ; hence, the failure to testify on the said
date. Upon the said filing or submission of the said
1. Any physician or surgeon who, medical certificate before the court, what crime or
1.1. in connection, with the practice of his crimes is/are committed by the doctor who issued the
profession, medical certificate, as well as the said witness who
1.2. shall issue a false certificate; and submitted and filed the said falsified medical certificate
2. Any public officer who shall issue a false before the court?
certificate of The doctor shall be liable under Article 174, whereas the
2.1. merit of service, said witness shall be liable under article 175.
2.2. good conduct or
2.3. similar circumstances. THREE ACTS PUNISHED UNDER ARTICLE 174
1. Any physician or surgeon who in the connection of
The penalty of arresto mayor shall be imposed upon any his practice or profession shall issue a false medical
private person who shall falsify a certificate falling certificate;
within the classes mentioned in the two preceding 2. Any public officer who shall issue a false certificate
subdivisions. of merit, certificate of service, certificate of good
conduct, or any other kind of false certificate;
ART. 175. Using false certificates. - The penalty of 3. A private individual who shall make a false
arresto menor shall be imposed upon any one who shall certificate of merit, certificate of good conduct or
knowingly use any of the false certificates mentioned in service, or shall make a false medical certificate.
the next preceding article.
The first one if the surgeon, if the doctor, if the
The defense counsel was to present his witness in a physician in connection with the practice of his
court hearing; however before the start of the hearing, profession shall issue a false medical certificate. The
the defense counsel received a call from the said witness second one if a public officer who shall issue a false
that he was indisposed, he was not available during the certificate of merit, certificate of service, certificate of
day of hearing because he was in the hospital, and that good conduct, or any other kind of false certificate.
he couldn’t get out of bed because he was seriously ill.
So when the hearing started the defense counsel This usually happens in the barangays. A constituent of
informed the honorable court that he has no witness for the barangay will go to the barangay chairman and ask
that day, and the his witness called him, saying that he that he be issued a certificate of good moral character
is in the hospital and was seriously ill, and so he move although in reality he is a menace in the said barangay.
for a resetting of the said case. The judge granted the The said barangay shall issue a medical certificate
resetting of the said case but together with the said showing that this person is of good moral conduct, that
granted motion, the judge also issued an order to the is a false certificate of moral conduct.

206

CRIMINAL LAW REVIEWER
John Ree Esquivel-Doctor |2016

The last person penalized under Article 174 is a private TWO ACTS PUNISHED
individual who shall make a false medical certificate or 1. Introduction to the Philippines of any stamp, dyes,
a false certificate of merit or service. marks, or any other instruments or implements for
falsification or counterfeiting;
Under Article 175, the person liable is not the one who 2. Possession with intent to use these instruments or
made, or who prepared the said false medical certificate, implements for falsification.
or false certificate of merit. He is any person who had
knowledge that the thing in his possession is a false Remember the problem that I gave in the initial
medical certificate, or a false certificate of merit, or a discussion of Falsification. A person was found outside
false certificate of service. He shall make use of the the LTO office, and the said person was found in
same. possession of falsified unfilled out forms of Driver’s
license. I said that the crime committed is not
So in the problem that I gave, the doctor is liable under Falsification of Public Document but rather under
Article 174 because he issued a false medical certificate, Article 176 possession of instruments or implements for
despite the knowledge of the fact that X was not in falsification. He was in possession of falsified forms of
reality ill, he issued a medical certificate saying that X, driver’s license. They were unfilled out forms, no date,
the witness was ill on the said date of the hearing. When no name, no etc.. So they are not evidence of the facts
X presented and submitted this to the court despite stated therein therefore they are not yet considered as
knowledge that it is a false medical certificate, X document. They are mere unfilled out forms; hence,
becomes liable under Article 175 for having used the they are merely considered as instruments or
false medical certificate. implements which are used for falsification. The
offender is therefore liable under Article 176 that is
Section Six. possession of instruments or implements for
Manufacturing, importing and possession of falsification.
instruments or implements intended for the
commission of falsification. Chapter Two
OTHER FALSITIES
ART. 176. Manufacturing and possession of
instruments or implements for falsification. - The Section One.
penalty of prison correctional in its medium and Usurpation of authority, rank, title, and improper use
maximum periods and a fine not to exceed P10,000 of names, uniforms and insignia.
pesos shall be imposed upon
1. any person who shall ART. 177. Usurpation of authority or official
1.1. make or introduce into the Philippine functions140. - Any person
Islands any 1. who shall knowingly and falsely represent
1.1.1. stamps, himself to be an officer, agent or representative
1.1.2. dies, of any
1.1.3. marks, or 1.1. department or
1.1.4. other instruments or implements 1.2. agency of the
1.2. intended to be used in the commission of the 1.2.1. Philippine Government or
offenses of counterfeiting or falsification 1.2.2. of any foreign government, or
mentioned in the preceding sections of this 2. who, under pretense of official position,
Chapter. 2.1. shall perform any act pertaining to any
2. Any person who, person in authority or public officer of the
2.1. with the intention of using them, Philippine Government or any foreign
2.2. shall have in his possession any of the government, or any agency thereof,
instruments or implements mentioned in 2.2. without being lawfully entitled to do so,
the preceding paragraphs, shall suffer the penalty of prision correccional in its
shall suffer the penalty next lower in degree minimum and medium periods.
than that provided therein.

140 Reinstated by E.O. No. 187, June 5, 1987

207

CRIMINAL LAW REVIEWER
John Ree Esquivel-Doctor |2016

TWO ACTS PUNISHED the drivers stuck in traffic, alighted from his vehicle and
1. Usurpation of Public Authority went in the middle of the street. Thereafter, he manned
2. Usurpation of Official Function the traffic and eased the flow of the traffic. He
performed an act pertaining to an MMDA officer or a
The first act which is Usurpation of Public Authority is traffic enforcer, a public officer. Is he liable under
committed when any person knowingly or falsely Article 177, for Usurpation?
represents himself to be an officer, agent or a He is not liable for Usurpation, although he performs an
representative of any department or agency of the act pertaining to a public officer. He is not liable because
Philippines government or any foreign government. he did not perform the said act under false pretense of
official position or without being lawfully entitled to do
In case of Usurpation of Public Authority, the offender so. His only intent was to ease the flow of traffic. It was
is not required to perform any act. The moment he done under a civic spirit to help ease the flow of traffic.
falsely misrepresents himself to be an officer agent or There was no showing that he had intent under false
representative of any department or agency of the pretense to be considered as a public officer. Such being
Philippine government or Foreign government, the the case, he is not liable under Article 177.
crime will immediately arise.
X is the city mayor, he was charged before the office of
The second act punished is Usurpation of Official the Ombudsman. He was charged for an administrative
Function is committed by a person who performs an act case before the office of the ombudsman. The office of
pertaining to a public officer or a person in authority the ombudsman while investigating the same, placed
under false pretense of official position and without the city mayor under preventive suspension for a period
being lawfully entitled to do so. of 6 months. He was placed under preventive
suspension under 6 months. The DILG enforced the
Under the second act punished, Usurpation of Official said order and placed X the city mayor under preventive
Function, here it is required for the crime to arise, that suspension for a period of 6 months. The DILG
the offender must perform an act pertaining to a public designated the vice mayor as the acting city mayor.
officer, or pertaining to a person in authority. Note that After just 90 days of preventive suspension, the city
it must be under false pretense of official position and mayor just went back to office, and he now again
without being lawfully entitled to do so. performs the function of the mayor. He now again
performs the function of the mayor, and he signs
In performing the said act pertaining to the public documents which should be signed by a mayor. So he
officer or pertaining to a person in authority, it is was charged with the crime of Usurpation under Article
necessary that it must be done under false pretense of 177. Is he liable as charged? He contended that he went
official position, and without being lawfully entitled to back to office after preventive suspension because
do so. If a person performs an act pertaining to public according to his counsel the maximum period that a
officer or a person in authority but he has no intent to person can go under preventive suspension is only for a
state that he was the said public authority. It was not period of 90 day, and since it is beyond 90 days he
done under false pretense of official position, and it can’t immediately assumes office. So according to him, he is
be said that it falls under Article 177. not liable for usurpation under Article 177. If you were
the judge would you convict him or would you acquit
There was this heavy traffic and there was no traffic him on the ground of his contention?
officer, no policemen, traffic enforcer, and the traffic In the case of Miranda vs. Sandiganbayan141, the
was very heavy. No vehicle was moving and so X one of Supreme Court said that the said city mayor is liable

141Not all acts of usurpation of authority or official functions involve official. Fraud on the government is also not an essential element of
“fraud upon government.” The essence of usurpation of authority the offense. The offense usually results in injury to private parties
under Article 177 of the RPC is false and malicious representation. who are victimized by pretenders to public office.
The “gravamen of the offense of usurpation of authority is the false
representation, maliciously made, that one is an officer, agent or On the other hand, the gravamen of “fraud upon government” in
representative of the Philippine Government or any foreign Section 13 of RA 3019 is the public officer’s act of defrauding the
government.” Fraud on the government is not an essential element of government. It is necessary that the act should defraud the
the offense. The mere act of making a false and malicious government. Usurpation of authority, while involving fraudulent
representation that one is a government officer is sufficient to means, does not necessarily involve fraud on the government. The
constitute the offense, whether or not the act defrauds the fraud may be committed only against private parties and not against
government. The essence of usurpation of official functions under the government. (Miranda vs. Sandiganbayan, 464 SCRA 165, G.R.
Article 177 of the RPC is performing, under pretense of official No. 154098 July 27, 2005)
position and without lawful authority, an official act pertaining to an

208

He was must be done publicly. Attorney X during investigation was asked of his real name. suspension for a period of 6 months. Instead of stating that he was Any person who conceals his true name and other attorney X. 178. he correctly stated the name of his 2.3. investigated. the said city mayor is liable to Usurpation X went to a sauna bath parlor. damage to public interest. his age. the fact that he disclosed his 209 . whereas. . Suddenly police officers entered the said place. the order of the office of the Ombudsman for a period of in case of concealing true name. he personal circumstances shall be punished by arresto did not disclose his real name.2. The purpose of the offender is crime or to evade an execution of a judgment. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 under Article 177. it is necessary that the use of the fictitious name did not disclose his name. and the name of his three children. Attorney X is not liable under Article personal circumstance. For this. publicity is not an 6 months. therefore. Although he used a different name. he was 2. any person who shall publicly use a fictitious bath parlor is in reality a prostitution den. the name of his wife. evading the execution of a judgment or Together with attorney X and others. evade execution of a judgment or to cause Second his contention was wrong that he can only be damage to public interest. 2. he had no intention to conceal a 3.1. or to cause 3. 2. causing damage. personal circumstances. The offender conceals his real name and other under Article 178. not only 90 days. So among those arrested. he revealed that he is a TWO ACTS PUNISHED married man. No Ombudsman lifting the said preventive suspension. The element of publicity is required. the office of the circumstances because his purpose is to conceal his real Ombudsman has the right to place in preventive identity. and performs the act of the mayor. and brought to the PNP station was attorney X. The police officers raided ART. In case of concealing true placed under preventive suspension for a period of only name. moment that he goes back to office.2. He revealed his other circumstance. He is liable for Usurpation. for the purpose of that were there were arrested. The purpose of the offender is to conceal his real concealed his real name. In case of using fictitious name. Fictitious name. Therefore.A.The penalty of arresto mayor and a fine not to search warrant because they were able to prove before exceed 500 pesos shall be imposed upon the issuing judge the said place as thought as a sauna 1. he said that he was Y. Using fictitious name and concealing true the said place. he element. the purpose of the offender is to conceal his real 90 days refers only to violation of R. So if the conceal his real name but also his other personal case filed is just an administrative case. there must be an placed under preventive suspension by the DILG upon element of publicity to consummate the crime. When asked to state the name of his wife 1. 2. he did not conceal his other identity. He has to comply with the said order. he commits the crime purposes. Hence it is necessary that not only does he not refer to violation of administrative cases. and which is the name of Y. concealing a crime. even without the Ombudsman lifting the The other distinction between the two is in their said preventive suspension order. and all persons 2. to conceal a crime. He did not reveal. Concealing true name wife. the purpose of Usurpation. It is not necessary that the act of concealing cannot just go back to office without the office of the one’s name and circumstances be done publicly. he revealed his real age.3. although he Name. to cause damage to public interest. He uses this fictitious name publicly. 3019 but it does identity. Using fictitious name and of his children. Therefore he is not liable in 3. When asked about his menor or a fine not to exceed 200 pesos. Is attorney X liable under Article 178 for Using Fictitious name? ELEMENTS OF USING FICTITIOUS NAME Attorney X is not liable under Article 178 for Using 1. or Using Fictitious name. and 178 of concealing true name because although he 2. age. the name of In so far as the first act is concerned Using Fictitious his children. of the offender in using a fictitious name is to conceal a crime. and while he was under Article 177. As such the name search warrant was issued by the court.1. to evade execution of a judgment. When asked on whether he was married or single. receiving services from an attendant. 3. and his address. Is Attorney X then liable for concealing true name? ELEMENTS OF CONCEALING TRUE NAME Attorney X is also not liable of concealing true name 1. The police officers were able to secure a name. The offender uses a name not his real name.

Y is not an alias of Attorney X because Under C. is not available to get it. or in case of literary.A. no person can use a name other than his name well as in the case of People vs. Is attorney X liable under C. He was asked by his that which he is registered under the Bureau of counsel to get a copy. a pen name. In relation to Estrada. Thus. and then his identity will already be civil registrar. This evidence for these representations to be admissible.A. hence. the Supreme Court said that the use registrar. So he said he did not want to What is an Alias? use his own name. the police. 164368-69 April 2. A substitute name will transaction without showing that henceforth. and the terms of Ursua. attorney X is not liable for Concealing intended to be used publicly and habitually in a true name. as it deals a fatal blow on the People’s claim that for public consumption by the fact alone that Lacquian and Chua were Estrada habitually used the Jose Velarde alias. lithography. Estrada Information. The name Y that Anti-Alias Law. he used at during the investigation of X is not an Alias of attorney X. at the local civil Sandiganbayan143.R. Lacquian was the Chief of Staff with whom he shared time in the Information. 142 as amended Attorney X is not liable under C. These are the instance wherein the use of a name other In that case of Cesario Ursua vs. or any transaction.A. 142 as amended. the public who had no access to Estrada’s privacy and to the Court of Appeals. 142 as amended the because Y is not an alias of attorney X.A. G. or other than the name complaint filed against him. when he used the name Y substitute name as approved by a competent Judicial instead of attorney X during the investigation made by authority. cinema. 112170 April 10. Therefore. television or etcetera. He has no used or intended to be used by a person publicly and intention to conceal his true identity. a pseudonym may be So here Y is not an alias of attorney X because he used used under any of the following circumstances. Cesario Ursua than a real name other than which he is registered at went to the office of the Ombudsman to get a copy of the birth at the local civil registrar. This is so in the case at bench. So an Alias is a name or names used or divulged. another issue that the allegation of time and matters of the highest and strictest confidence.A. No. 142 representations to these people were made in privacy and in secrecy. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 other circumstance. in radio. even if he used a habitually usually in business transaction other than different name because the police officers can just go to the name by which he is registered at birth at the local his real address. 142 as amended. So under C. CA. attorney X sports. the So why is attorney X not liable under C. 256 SCRA 147. Nos. (Ursua vs. Court of Appeals142. with no iota of intention of publicity.A. or at the bureau of immigration as registered of the name other than a person’s real name in a single upon entry into the Philippines.A. 1996) confidential matters that transpired in Malacañan where he sat as 143Separately from the constitutional dimension of the allegation of President. Estrada and for which he is registered at birth. 583 SCRA 302. For. the name of the staff of the said 142Hence. were actually alleged in the and maintain the privacy and secrecy of his affairs. other entertainment purposes. 142 as amended. 142? Anti-Alias law? Attorney X is not liable under C. as practice. (People vs. to our mind.” as it does not amount to a customary practice or use. G. business transaction. Lacquian and Chua were not part of C. it is provided that except said name Y is not used habitually in a business for writing. he only be used when allowed by a competent or judicial wanted to be known under such name is not under the authority. or in athletic events where the use of a pseudonym is a normally accepted In the case of Cesario Ursua vs. assuming the “habitual. constituting a lawyer-friend bound by his oath of office and ties of friendship to keep violation of the offense charged. so he was the one tasked to get the copy of the complaint.A. prohibition of C. it means that he does not have Under C. All of Estrada’s reason alone dictates the dismissal of the petition under CA No.A. Since the messenger of the counsel Immigration upon his entry into the Philippines. C-163 does not necessarily the user intends to be known by this name in addition to his real name indicate his intention to be publicly known henceforth as Jose from that day forth does not fall within the prohibition contained in Velarde. or as a is not liable under any crime. 142 as amended. The same holds true for Estrada’s repeated use of an alias within a single day cannot be deemed alleged representations with Ortaliza and Dichavez. while Chua was a our above conclusion raise relates to what act or acts. 142 as amended. 2009) 210 . or television. 142 as amended an alias is a name or names intention to conceal his real identity. the also inside the room at that time. henceforth showing that he would be using the said or in athletic events wherein it is a person in the field of name Y in any other transaction. No. In any the name while only in a single transaction without entertainment purposes. Estrada. the use of a fictitious name or a different name belonging to The presence of Lacquian and Chua when Estrada signed as Jose another person in a single instance without any sign or indication that Velarde and opened Trust Account No. The conclusion we arrived at necessarily impacts on the could not be said to have intended his signing as Jose Velarde to be People’s case.R.

It was done in secrecy. Estrada for violation of CA 142 as amended. In the instant case Supreme Court said dress which does not belong to any organization. Again an Alias is a name. habitually. and now the mayor of the city of Manila Joseph Ejercito Estrada. therefore. logged down the name of Oscar Perez. It does that there was no showing that Joseph Estrada not belong to any class of person. uniform or dress pertains to a Chua. uniforms or habitually because there was no evidence that he used 1. The offender makes use of an insignia. uniform or account in Equitable PCI bank.2. The use of the name Oscar penalty of arresto mayor shall be imposed upon Perez in a single transaction without henceforth he uses 1.1.The other transaction after. 2. to an office not held by such person or This case of Cesario Ursua V. So he used and signed his name an office not held by him. as such the Supreme Court acquitted within the prohibition of CA 142 as amended. the offender using it is not a 142 as amended. Estrada and member. He was convicted by the lower friends and therefore cannot be considered as public in court. bank.1. uniform or dress of any 211 . they are not public in so far as was conducted that Cesario Ursua used and logged Estrada is concerned because they are his friends. Former president. When the case reached the Supreme Court. so far as Estrada is concerned. or must pertain to an office which is not held by the said offender. and so he was charged with violation PCI bank before his 2 friends. Sandiganbayan. down a different name in the logbook of the therefore. 2. Chua. and Lacquian. the Second. this person only intended to use the name Jose Velarde publicly. 179. pertaining 2. As such. office of the Ombudsman without showing henceforth a single use in that particular transaction is beyond CA that he wanted to be known under such name is not 142 as amended. The imagined this insignia. Inside the office of the dress. to a class of persons of which he is not a Supreme Court in People vs. Illegal use of uniforms or insignia. his friend lawyer. the use of the name Jose Velarde was not done Supreme Court said that the use of a different name. an investigation persons are concerned. his former class of persons for which he is not a member. The said offender uses such insignia. his friend lawyer. The said insignia. he was charged with violation of CA 142 as Note that under the 2nd element for the person to be amended. the Anti- Alia Law. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 counsel which is Oscar Perez was the one used by trust account Jose Velarde in his trust account. These 2 persons are his of CA 142 as amended. He used ELEMENTS the name Jose Velarde in afixing his signature in a trust 1.2. member. and habitually usually in business So if the offender is wearing an insignia. he signed it in the presence of 2 persons Atty. The Supreme Court said that there was no showing that the said accused used the name Oscar Perez in any ART. Jose Velarde instead of Joseph Estrada in affixing his 3. the signing of the name Jose Velarde was not Ombudsman that he used the name Oscar Perez instead done publicly. any person who shall publicly and improperly it in any other transaction is outside the ambit of CA make use of 142 as amended. inside of Equitable of Cesario Ursua. the Anti-Alias law.3. He did not use the name 1. the Supreme Court citing Cesario said insignia. acquitted Cesario Ursua. uniform or dress out of nowhere. CA was cited by the 2. when it reached liable for Illegal use of Uniform Insignia or Dress the the Supreme Court. Convicted by the lower court. uniform or signature on a trust account. . dress it in any other transaction. or intended to be used publicly. uniform or transactions. the prosecution did not show any evidence the use of the name of Oscar Perez in a single showing that Joseph Estrada used the name Jose transaction that is to get a copy of the complaint in the Velarde in any other transaction thereafter. persons present when he affixed his signature in the it is not the insignia. or names used. the Cesario Ursua so with the consent of Oscar Perez. or to Executive Secretary. his former Executive Secretary. and Cesario Ursua went in the Office of the Ombudsman he Lacquian. insignia. uniform or dress must pertain to a class Ursua vs. dress publicly and improperly. and he was able to get the complaint for Cesario Ursua but someone So the Supreme Court said that in so far as this two recognized Cesario Ursua. Therefore. The Supreme Court therefore 1. So persons present were Atty. CA said that Estrada is not liable under CA of persons of which.

if the defendant this and the three preceding articles of this shall have been sentenced to reclusion temporal section. cannot be estimated. 3. ART. . minimum period and a fine not to exceed 1. articlethe offender shall further suffer a fine not to exceed 1. The penalty of prision correccional. 181.Any person False Testimony against a defendant. or False testimony 2. we have False Testimony in other cases In cases provided in subdivisions 3 and 4 of this including Perjury. 182. . uniform or dress was brought forth by speculation. 2. if the defendant shall have been sentenced to any Articles 180. maximum period to prision correccional in its 2. 183. the penalty of prision correccional in its ELEMENTS OF FALSE TESTIMONY minimum period and a fine not to exceed 6. 1. or reclusion perpetua. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 organization or of any class of persons. 2. upon any material matter before a competent ART. . and given is either convicted by final judgment. False testimony in civil cases.2. AGAINST A DEFENDANT 1. period and a fine not to exceed 1. These are the elements of ART. Section Two. shall suffer the penalties of arresto mayor in its 1. sentenced to death. shall testify under oath. who knowingly makes untruthful statements by the offender. There is a criminal proceeding.Any person authorized to administer an oath in person who shall give false testimony against the cases in which the law so requires. 181. The penalty of prision mayor.000 IN FAVOR OF THE DEFENDANT pesos.000 pesos. found guilty of false testimony in a civil case shall suffer 1. if the defendant 1. not being included in the provisions of the next preceding articles. 2. shall commit any of the falsehoods mentioned in 2. acquitted in the said case in which the false testimony has been given. adorned out of ART.The penalty of arresto mayor in its because such specifically requires that such insignia. make an affidavit. False testimony against a defendant. 180. the person 2. 2.2. the use of an imaginary insignia. 182. 4. and pesos. 5. and 2. and 183 refers to False other afflictive penalty. if the 1. The penalty of arresto mayor. . and period to prision correccional in its minimum 3.1. It is necessary that the offender uses it and publicly and improperly. if the prosecution is for a felony 4. and Testimony.000 3. defendant in any criminal case shall suffer: Any person who. False testimony in other cases and perjury in imagination. Article 182 we have False Testimony in Civil Cases. if the amount in controversy shall exceed 1. The defendant to whom the false testimony was punishable by an afflictive penalty.1. The offender knows that his testimony is false. or 2. the penalty of arresto mayor in any other case. Article 183. The penalty of reclusion temporal. which the offender is not a member or an office not held 1.Any person who shall give false testimony in favor of ELEMENTS OF FALSE TESTIMONY the defendant in a criminal case. or shall have been acquitted. the penalty of arresto mayor in its maximum defendant.000 pesos. The offender testified falsely against the defendant. There must be a criminal proceeding. shall suffer the respective penalties provided therein. maximum period to prision correccional in its minimum uniform or dress must belong to a class of persons for period shall be imposed upon any person. False testimony favorable to the defendants. Articles 180 and 181 we have False Testimony in shall have been sentenced to a correctional Criminal Cases. 3. The offender knows that his testimony is a falsity. cannot be considered under Article 179 solemn affirmation. shall not exceed said amount or bearing the same is not liable under Article 179 because 2. penalty or a fine.000 pesos. The offender testifies falsely in favor of the 2. if the amount in controversy 212 . in case of a solemn affirmation made in lieu of defendant in said case shall have been an oath. False Testimony in Criminal Cases can either be against a defendant or in favor of a defendant.

Therefore. so the judge convicted the said accused. the X saw how the accused killed the victim. of Appeals. The offender did so with malice and intent to affect would be dependent on the penalty that would be the issues relative to the said civil case. The case is premature. The judge believed the witness X. the heirs of the victim filed a case case of violation of Article 180 False Testimony against against the false witness X. there must first be conviction by final judgment before a case for False The accused was charged with the crime of Homicide. After the trial on the merits. and judge convicted the accused of the crime of Homicide. The testimony of X and the judge convicted the accused. They filed a case for a defendant against X. defendant in whose favor the False Testimony had been given must first be convicted by final judgment. Testimony against a defendant under Article 180 may The accused was charged with homicide for having be filed before false witness X. The prosecution presented the witness X. This time the case will prosper At the instant the answer is no. in case of False Testimony in The filing of the false testimony case against false favor of a defendant. while the case is element requires that the said defendant to whom the pending appeal before the Court of Appeals. Here the said defendant elements except the fourth element. because the penalty that would be imposed on him 4. X testified falsely in favor accused stabbing repeatedly the victim to death. killed the victim so the case is now on trial. and so this defense presented X a false witness. He knew that X was not present at the accused to have committed the crime of Homicide. there is no requisite in which the defendant whose the False Testimony is given must first be It is premature because under Article 180 the penalty convicted by final judgment or acquitted by the crime to be imposed on the false witness is dependent on the charged. he appealed In case of False Testimony against a defendant. Since the penalty to be imposed on the False witness is always dependent on ELEMENTS OF FALSE TESTIMONY the penalty imposed on the defendant. it is necessary IN CIVIL CASES first that there be conviction of final judgment before 1. Is X liable as charged? Or will violation of Article 181 False Testimony in favor of a the case of False testimony against X prosper? X defendant against the false witness X. Therefore. and the accused knew that X was a the said witness X said that it is impossible for the false witness. the fourth element in False Article 181 there is a fixed penalty to be imposed on a Testimony against a defendant under Article 180 false witness. the said final judgment or acquitted. so the accused appealed his conviction before the Court The accused appealed to the Court of Appeals. while the case is pending appeal before the case of false testimony against the witness X. and false Testimony had been given must first be convicted by testimony in favor of a defendant have almost the same final judgment or acquitted. the accused killed the victim. The offender knows his testimony is a falsity. Although convicted by the RTC. he saw the court in favor of the accused. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Note that false testimony against a defendant. the 4 th to the Court of Appeals. scene of the crime. Will prosper? the case prosper? Yes the case will prosper. X was brought Same problem. X testified in open witnessed X testified in open court that. The offender testifies falsely on issues pertinent to Testimony because at the moment you do not know yet the said civil case. During based on the statement of the family that this witness the time for the defense to present his witness. Hence. imposed on the said defendant. He accused to kill the victim because he was with him at was actually a paid witness. that of the accused. there is no requisite that the witness X under Article 180 is premature. After scene of the crime. He filed a Court of Appeals. At the same time the accused also filed a Meanwhile. while the false testimony is given must either be convicted by said case has not yet been decided with finality. and the fiscal believed case of Homicide was filed against the accused. because under Article 181. X said that it was impossible for the was the testimony of X but X was a false witness. and the said accused was not yet convicted by final judgment. There is no such requisite because under element is wanting. penalty imposed on the defendant. this false witness may be prosecuted for False 2. He was not present at the the exact date and time of the said killing. There is a Civil Case. the trial on the merits the judge did not believe the said judge convicted the said accused. The penalty to be imposed on the false requires that the defendant against whom the False witness is not dependent on the penalty imposed on the 213 . Whereas in False accused cannot file a False Testimony case against the Testimony in favor of a defendant this last element is false witness X. the penalty that will imposed on this false witness 3. and so a along by the family of the victim. Will the case definitely is liable but before he can be said liable. absent. or The filing of the case is premature because the fourth acquitted.

the said accused can immediately file In Perjury for the crime to arise it is necessary that the a case of False Testimony against the false witness who False Testimony under oath or the affidavit must be testified falsely against him. like Falsification. the witness was presented by the prosecution. Therefore right after the filing. requires that the defendant against him the False Testimony has been given must either be convicted by The second element requires that statement under oath Final Judgment or acquitted. The fourth element of Article 180 2. Therefore. the statement must be under oath. stabbing the victim until executes an affidavit on a material matter . and it is an acquittal. The said statement under oath or affidavit on a witness X was not present at the scene of the crime. the acquitted the accused. we have False Testimony in other Perjury is the violation of the Solemnity of the oath. Testimony in Civil cases must refer to an actual civil perjury will not arise because the second element is case. it falls under Article 183 not 214 . A that is duly authorized to receive. The reason is is not made before such officer. or defendant killing the victim. In case of False Testimony under Article 180 and if the falsity is not made before the competent officer 181 which is False Testimony in criminal cases. and the witness falsely testified against ELEMENTS OF PERJURY the defendant. any heir s of 183 False Testimony in other proceedings as well as the victim. In the said statement or in the said affidavit. Making a statement under oath. comes a witness. right after his acquittal. it is necessary that the same is Right after the acquittal. Here oath. but not Perjury. or the affidavit is made before a competent officer duly authorized to receive and administer the oaths. deliberate assertion of falsehood on a material matter made before a competent authority What if same problem. made before a competent officer duly authorized to receive and administer oath because the essence of Under Article 183. The case will prosper because 1. The said statement under oath or affidavit is on reasonable doubt. and victim. and so the judge 3. believe the testimony of witness X. So cases. any victim. If the False Testimony is given in a special proceedings. The third element requires that in the said statement like for example a declaration of nullity of marriage. when you say affidavit. Now that the accused was required by law. Therefore. It is Right after the acquittal of the said accused. the accused immediately filed under oath. The witness X said that. he saw the 1. against the officer duly authorized to receive and administer defendant. and administer the case of homicide was filed against the accused. right after Article 182 because Article 182 is Civil cases. absent. After trial on the merits. Perjury is the willful. a case of False Testimony against the defendant’s false witness X. but material matter must be made before a competent he testified falsely against the accused. but in truth and in fact. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 defendant in case of conviction. The defendant makes a statement under oath. subject to appeal. he can immediately affidavit must be made before a competent officer duly file a case of False Testimony against the defendant authorized to receive and administer oaths because if it under Article 180 against false witness X. right after necessary that the said statement under oath or the acquittal of the said defendant. Acquittal is not other crime. Affidavit. Executing an affidavit on a material matter. the crime can be any that acquittal is immediately executory. the victim died. the accused killed the victim. under oath the offender made a willful or deliberate petition for adoption. False duly authorized to receive and administer the oath. acquitted upon his acquittal he immediately filed a case of False Testimony against the false witness X. case of False Testimony against the false witness under Article 181 that is False Testimony in favor of a What is Perjury? defendant. the judge did not the oath. Will the case prosper? TWO WAYS OF COMMITTING PERJURY Yes the case will prosper. the false 2. He filed The first element that the offender makes a statement a case against X for violating Article 180 False under oath or executes an affidavit on a material Testimony against a defendant because X a false matter. Article the giving of False Testimony. witness testified falsely against him the defendant. or any other person may immediately file a Perjury. the judge acquitted the accused based 4. The judge said that there was no offender made a willful and deliberate assertion of sufficient proof to show that the said accused killed the falsehood.

when under oath he So if the offender stated falsities in a document which is did not state his real properties in the said Statements required to be under oath. He did not state his real properties. Perjury. It is necessary in a judicial proceedings. In his Statements of Assets Liabilities and Net worth. What crime or crimes were ELEMENTS committed by the said witness? 1. The offender offers in evidence a false witness or a He is liable of Perjury and not of false testimony. What crime if not the crime committed because it cannot be any is committed? Is he liable of Perjury? considered as a crime against public interest. the crime committed is of Assets Liabilities and Net worth he becomes perjury. required by law. and the witness testified under oath. imprudence or out of mere negligence. the witnesses. The said accused is not liable of Perjury because a driver’s license as well as a cedula or a community tax A public officer submitted his Statements of Assets certificate is not required to be under oath. is committed by the said accused? The crime committed is perjury not false testimony but The law requires that there must be a willful and Perjury because labor cases are administrative deliberate assertion of falsehood. It cannot be done out of mere proceedings. or community tax certificate. He also did The offender is liable of Falsification. Therefore. So when the false statement under oath is made in a non-judicial proceedings the crime committed is Then we have the last element requires that the said perjury. but if the false statement under oath is made oath or affidavit must be required by law. The statement under oath. hence. 184. All the provided in this section. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 assertion of falsehood. witness or a false testimony. What crime if any committed with deliberate intent. the crime committed is false that the statement under oath or the affidavit must be testimony. So the complainant filed a case before the ART. and so the investigating person who shall knowingly offer in evidence a false prosecutor called the complainant. Article 180. Thereafter. He is false testimony. and not in a judicial proceeding. shall be punished as guilty of false prosecutor was asking clarificatory questions on the testimony and shall suffer the respective penalties witness. document which is not required to be under oath the crime committed is falsification. Falsification by no state his amount of money in the bank. Perjury can only be before a local sanggunian under oath. the said public officer stated So what crime has been committed by the offender? falsities. The offender offered the same either in a judicial or false testimony will be considered as a violation of proceeding or any other transaction. The statements that he made before the public prosecutor under oath were all falsities. if the said affidavit which offender stated falsities in his cedula or residence contains falsity is not required by law. if the said The offender stated falsities in his driver’s license. .Any Office of the Prosecutor. the offender becomes criminally liable just by the mere act of offering in evidence either a false The accused testified falsely in a labor case under oath. making false narration in a statement of facts in a he filed the same. evidence. The investigating proceeding. The offender knows that the said witness or said testimony made before the investigating prosecutor is testimony is a falsity. Administrative proceedings are not Judicial deliberate intent. Statements of Assets Liabilities and Net worth is required to be under oath. statements made by the witness were falsities. liable for Perjury under Article 183 because the said 2. then Perjury is certificate. and witness or testimony in any judicial or official the respondent and his witnesses. So the liability is falsification and not said public officer? perjury because these documents are not required to be He is liable for the crime of Perjury because a under oath. The said False statement 3. 181 or 182 if it is in a judicial proceedings but if it is in a none judicial proceedings the crime So in case of Article 184 or offering false testimony in committed is under Article 183 that is Perjury. hence good faith is a defense in Perjury. Liabilities and Net worth. therefore. X was a witness in a case filed before the office of the ombudsman. Offering false testimony in evidence . What crime if any is committed by the document. The accused testified falsely in an administrative case 215 . but if the said accused stated as falsities in a criminally liable for Article 183. It is done by means of proceeding. because Perjury is under Title 4 which is Crimes against Public Interest.

1. Any person who shall centum of the value of the thing auctioned. It is not necessary that the said because we already have Article 184.1. rise to the crime.000 price of the thing auctioned. The suborner procures a false to the crime. auction. in restraint of trade or commerce or auction.1. as a consideration for refraining from auction it is necessary that the best price would be given taking part in any public auction. 186. with intent to cause the reduction of the minimum period or a fine ranging from 200 to 6.2. Any person who of threats or by means of fraud. the person he procures the same shall not be liable for subornation in perjury. or ART. monopolies and combinations intention on the part of the offender is to cause the reduction of the price of the thing which is the subject ART. from public auctions. present. enter into any contract or agreement or 1. 2.1.3. It is not a crime punished under the RPC or any other artifice. If persons 2. Subornation in perjury is committed by the consideration for refraining from taking part in any suborner. It is not necessary that the person or the said witness who testified falsely be actually Note that whether it is the first act of solicitation or the convicted before the person who offered the same second act of attempting to cause bidders to stay away become criminally liable.2. By attempting to cause bidders to stay away from competition in the market.3. a mere attempt testimony or false witness in evidence. promises. shall take part in any conspiracy or TWO ACTS PUNISHED combination in the form of a trust or 1. soliciting any gifts or present as a perjury. 2. present. – of the said auction. or both. attempt to cause bidders to stay away from in the said auction therefore the public will not have the an auction by best price for the thing which is the subject of the 2. Machinations in public auctions. It is not necessary that the said gift or witness to perjure himself. That is the criminal intent of the offender. 1. By soliciting any gift or present as a consideration otherwise. so the Machinations. and to the public. shall monopolize any merchandise or object of trade or commerce. Article 184 is different from subornation in Under the first act. As such the crime will arise. It refers to public interest. 2. It is also not necessary that he actually necessary that the false witness that he procures must refrains from taking part in the public auction. Offering false bidders would actually not participate. 185.4. Monopolies and combinations in restraint of 2. public auctions by means of gifts. Before a suborner can be present will be received by the person who made the criminally liable for subrogation of perjury it is solicitation. If the false suffices that he makes this solicitation the crime will witness that he procures is not convicted of perjury then already arise. for refraining from taking part in any public 1. solicit any gift or promise It is criminal in nature because when there is a public 1. by means of threats or by means of fraud the RPC. threats. by means 2. Any person who shall 1.1. just by the mere to cause these bidders not to participate in the public act of offering a false witness or testimony will the give auction will then give rise to the crime. whether it is the first act or the second act the intention of the offender is to cause the Chapter Three reduction of the price of the thing which is the subject FRAUDS of the auction.The penalty of prision correccional in its 2. any other artifice. pesos. Section One.2. A suborner is one who procures a false public auction. It first be convicted of the crime of perjury. any person who shall would manipulate so that bidders would not participate 2.1. gifts. . Under the second act punished by attempting to cause bidders to stay away from public auctions by means of Subornation in perjury is not a crime punished under gifts.1.1.4. and 1. The mere act of soliciting will give rise witness to testify in court. 1.2. trade. shall be imposed upon: shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per 1.1. to prevent by artificial means free 2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Note that. or 216 .

And If the offense mentioned in this article affects any food these corporations. the president and each one of its agents or foreign market it is very low so they decided to import representatives in the Philippines in case of a and hoard the same because they know. shall combine with any other person or 3. producers. They cannot be penalized with of the combination. or competition in the market. Whenever any of the offenses described above is Chevron. that come foreign corporation or association. and false rumors or 2. the crime will arise. persons to monopolize said merchandise or object THREE ACTS PUNISHED 2. the prices will increase. processor of any merchandise or object of commerce or an importer of any Under the (3) third act. 186. producers. it can only be done by merchandise or object of commerce from any manufacturers. If the said 3. alter the price thereof by spreading market. the importer or the 3.2. making use of any other article to market.2. Combination to prevent free competition in the 2. or other articles of another in order to prevent free competition in the prime necessity. or importers who foreign country. What if the offender happens to be juridical persons. producer. shall be forfeited to the allowed the same shall be the one liable under Article Government of the Philippines. commerce or to increase the prices of the basic 3. of increasing the market price in order to commit any acts prejudicial to the lawful any part of the Philippines. of any such merchandise or object of commodities. imprisonment. What crime if any is 2. or imported merchandise or object of commerce is used. or of any article in the there be actual agreement. prevent the commission of such offense. Petron. shall be held liable as principals thereof. conspires. or connives.3. conspires or try to monopolize free 3. and Shell conspired and connived with committed by a corporation or association. Petron. lawful commerce.3. assembling or importation of such So under the third act. motor fuel or lubricants. in the manufacture. summer. processors or importers. restrain free competition in the market.1. Then who shall be liable? It is the president and the directors of the said juridical Any property possessed under any contract or by any persons or the said corporations. as well as Shell. not any person can commit that merchandise or object of commerce or with one. then. Juridical persons can’t sufficient for the imposition thereof that the initial be charged in court because even if convicted. or agree in any manner with any wholesaler or retailer. the penalty shall be that of prision market. who shall have knowingly permitted or failed to committed by these Chevron. knowingly permitted and who despite knowledge and being the subject thereof. being a manufacturer.3. the producer. 217 . The prices of oil in the 1. they steps have been taken toward carrying out the purposes cannot be imprisoned. processors. for the purpose of processor of the said articles or merchandise. processing. already give rise to the said crime.3. either as principal or agent. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 2. Under the third act the offender can either be the any other persons not so similarly engaged manufacturer. processed. conspires. associations who combination mentioned in the preceding paragraphs. commerce manufactured. associations. Who shall be held criminally liable? You cannot mayor in its maximum and medium periods it being charge these juridical persons. connives. shall combine. Any person who. These first two acts can be committed by any person 3. one another to hoard gasoline/oil. the offender happens to be corporations. in order to 1. that the Philippines.3.1. assembled in or imported into It is not necessary that there be actual monopoly.2.1. agrees with any other person in 3. who connives. person to perform acts prejudicial to local commerce or 3. produced.2. produced. The mere initial steps will manufacture of which such manufactured.4. associations conspired with one substance. conspire or agree in any to cause the reduction of the price or to cause the manner with any person likewise engaged increase the price of the basic commodities.3. Monopoly to restraint free competition in the 2. making transactions prejudicial to manufacturers. production.

2. Unfair competition.1. 8293. persons. the product being referred to Section Two. Importation and disposition of falsely marks. if made of gold. 2. 3. lubricants. prision correccional or a fine ranging from 200 to 1. fraudulent 3. they other precious metals or their alloys. the same. less by more than 1/2 karat.2. with names. or disposes articles or be the one charged in court. Who then should you prosecute? the actual fineness of such gold shall not be less by more It is the president. import or that the offender would have disposed the same. food products. 3.2. those directors who knowingly permitted and did not prevent ELEMENTS the commission of the crime despite knowledge should 1. less by more than 4/1000. of the people. if made of silver. or 2. merchandise. and false description145. . and 2. January 1. or ART. January 1.A. 1998) (R. 2. shall knowingly offender would have sold the same. brand. basic commodities. the basic needs of the people. basic needs quality of these precious metals or their alloys. 187. brands or marks of these articles or like for example. or mark.3. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 they aren’t liable for any crime for they are juridical But in case of watch cases and flatware made of gold. or both. 189. quality of said metals or alloys. 2. 188.000 pesos. here are misbranded articles. trade- 2. stamped. gold. Mere initial steps will suffice for the crime quality of these precious metals or their alloys. label.1. made of articles or merchandise are misbranded but imported 2. stamps. merchandise made of gold. 8293. shall be imposed on any person who For Article 187 to arise. The said offender knew that the said articles or conspiracy. silver.3. 2. label. fail to indicate the actual fineness or any other commodities. precious metals or their alloys. brands or ART.2. fraudulent registration 2. violation of Article 187 will arise.4. brands. If the thing subject of monopoly is basic commodities. brand. which fail to indicate the actual fineness or designation of origin. the stamps. The stamps. other precious metals. when the rest of the article shows that the quality or fineness thereof is 1.3. The offender imports. do not indicate the actual fineness and quality marked articles or merchandise made of gold. or service marks144. Subsisting and altering trade-mark. trade-name or service mark.A.4. silver. motor fuels. it is not necessary that the 1. Despite knowledge that he knew that these 2. It is not necessary that there be an merchandise fail to indicate the actual fitness or agreement. dispose of any article or merchandise articles. or ART.The penalty of are misbranded. than what is shown by said 3. the directors or the managers of than 3/1000 than the fineness indicated by said stamp. or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved. or of the said precious metals or their alloys. court. labeled or attached.1. their alloys. stamp. these organizations of these companies charged in brand.3. It is not necessary 1.4. label or 3. sell or suffices that the offender imported these misbranded 1. So in case of Article 187. marks of trade-mark. those presidents. Those managers. 1998) 218 . silver. 3. they are misbranded Frauds in commerce and industry articles because these products made of gold.4.4. to arise. it is not even necessary that there be 3. Any stamp. 144Superseded by the Intellectual Property Code 145Superseded by the Intellectual Property Code (R. printed. Hence. The product be it. silver or any other precious metals or alloys. It 1. sells. mark.1.

Comprehensive Dangerous Drugs Act of 2002 219 . The persons therein were arrested. precursor and essential chemical.000.00) to Five hundred thousand pesos when the foreign vessel arrived from a foreign country (P500. distribute dispatch in transit or transport any dangerous drug. trade.00) shall be imposed upon any person. unless ports already have the dangerous drugs in sight. before one can be held liable years and one (1) day to twenty (20) years and a fine for importation of dangerous drugs. to the Philippine ports the said dangerous drugs were unless authorized by law.000. In addition.00) shall be imposed upon any person. IMPORTATION OF DANGEROUS DRUGS quantity and purity. shall import or A foreign vessel was docked along Manila Bay. Absent authorized under this Act. administer.000. pesos (P10. who. who organizes. So it is necessary that the prosecution must prove that The maximum penalty provided for under this Section the said foreign vessel upon arrival into the Philippine shall be imposed upon any person. Are they liable under section 4? The penalty of imprisonment ranging from twelve (12) The Supreme Court said. upon arriving in the said place they thereof or substances derived therefrom even for floral. ∞∞∞ manages or acts as a "financier" of any of the illegal activities prescribed in this Section. DISTRIBUTION AND The penalty of twelve (12) years and one (1) day to TRANSPORTATION OF DANGEROUS DRUGS twenty (20) years of imprisonment and a fine ranging AND/OR CONTROLLED PRECURSORS AND from One hundred thousand pesos (P100. ADMINISTRATION. shall import or bring into the that evidence showing that upon the arrival the Philippines any dangerous drug and/or controlled dangerous drugs were already on board it cannot be precursor and essential chemical through the use of a considered as importation of dangerous drugs. The maximum penalty provided for under this Section shall be imposed upon any person. the same. give away to another. saw about five boxes of dangerous drugs and confiscated decorative and culinary purposes.00) shall be imposed imprisonment to death and a fine ranging from Five upon any person. but only diplomatic passport.00) shall be imposed upon any person.The penalty of life hundred thousand pesos (P500.The penalty of life quality or purity of these dangerous drugs.000. DISPENSATION. unless authorized by law. who. SALE. who. DELIVERY. Section 5. means involving his/her official status intended to facilitate the unlawful entry of the same. shall import any controlled already on board the said foreign vessel. 9165 Under section 4 of RA 9165. unless authorized by law. inside the said foreign vessel and so the police went to including any and all species of opium poppy or any part the place and there. the prosecution ranging from One hundred thousand pesos must be able to prove beyond reasonable doubt that (P100. So the moment dangerous drugs AND/OR CONTROLLED PRECURSORS AND have been brought to Philippine ports regardless of the ESSENTIAL CHEMICALS. the bring into the Philippines any dangerous drug. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Title Five146 IMPORTATION OF DANGEROUS DRUGS Republic Act No.000. including any and all species of opium 146 See R. TRADING. So it is necessary that the prosecution must prove when the diplomatic passport shall be confiscated and the vessel arrived in the Philippine ports the vessel has canceled. there is importation of Comprehensive Dangerous Drugs Act of 2002 dangerous drugs when the offender brings into Philippine ports any dangerous drugs regardless of its Section 4. diplomatic facilities or any other possession of dangerous drugs. police officer got a tip that there were boxes of shabu regardless of the quantity and purity involved.000.. . who acts as a "protector/coddler" of hundred thousand pesos (P500.000.000. who.A.00) to Five ESSENTIAL CHEMICALS.000. deliver.. shall sell.000.00) to Ten million dangerous drugs. pesos (P10.00) to Ten million any violator of the provisions under this Section. already the said dangerous drugs on board the said vessel. the offender imprisonment to death and a ranging from Five would become criminally liable for importation of hundred thousand pesos (P500. dispense. 9165.

1. and essential chemical. distribution or transportation of any 2. distribute. dispensation. In cases of violation of RA 9165. trading. giving away to another. so the price must be established. considered as illegal sale of dangerous drugs.00) to Five hundred thousand pesos (P500.000. Who is the buyer? Who is the seller of the said dangerous drug? It must be clearly identified no If the victim of the offense is a minor or a mentally doubt. So many acts punished under section 5.000. and (2) the messengers.00) to Five the said corpus delicti or dangerous drugs must be hundred thousand pesos (P500. the dangerous drugs dangerous drug and/or controlled precursor and itself as well as the price are established. but also the price must be established. It is the object.00) shall be imposed upon any person.000. the corpus proximate cause of death of a victim thereof. It is an aborted illegal sale of dangerous drugs which cannot be considered as a consummated sale but only an attempted illegal sale of 147 People vs. deliver. that is the dangerous drugs. couriers and buyer and seller. years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos ILLEGAL SALE OF DANGEROUS DRUGS (P100. the buyer and the seller are clearly imposed in every case. G. dispatching in transit. the maximum penalty shall be must be transferred or delivered from the hands of imposed in every case. The buyer and the seller are clearly identified.R. The corpus delicti. its existence. among these is selling dangerous drugs. give away to another. June 15.000. be imposed. shall sell. We have selling. the delicti is the dangerous drug itself. identified.00) shall be imposed transferred from the hands of the seller to the hands of upon any person. delivery. The dangerous drugs itself. trade. trading. its identity must be established. VELASCO Jr. meters from the school. 2011. the seller to the hands of the buyer. it is maximum penalty provided for under this Section shall the substance of the crime. object. or should a dangerous drug and/or a controlled precursor and essential chemical Second element. The maximum penalty provided for under this Section Under the second element. Because if the dangerous drugs was not given any violator of the provisions under this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging And the third element requires that it is necessary that from One hundred thousand pesos (P100. administering. administration. ELEMENTS OF ILLEGAL SALE OF DANGEROUS DRUGS If the sale. and consideration. the corpus delicti and the price are involved in any offense herein provided be the established. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 poppy regardless of the quantity and purity involved. administer. For drug pushers who use minors or mentally (Jurisprudential Elements: (1) the identities of the incapacitated individuals as runners. who acts as a "protector/coddler" of the buyer. Castro. J. Selling is the dispense. by the seller to the buyer then it is an aborted sale of dangerous drugs because there was no transfer of dangerous drugs from the hands of the seller to the hands of the buyer. 194836. that is. essential chemical transpires within one hundred (100) 3. dispensing. No. The price must manages or acts as a "financier" of any of the illegal be established because otherwise it cannot be activities prescribed in this Section. incapacitated individual. Including unless authorized by law. or in any other capacity directly connected delivery of the thing sold and the payment thereof 147) to the dangerous drugs and/or controlled precursors and essential chemical trade. distributing The penalty of imprisonment ranging from twelve (12) and transportation of dangerous drugs. who. 220 . shall act as a broker in any of such transactions. act of giving away dangerous drugs from one person to dispatch in transit or transport any controlled precursor another for money or any other consideration. The corpus delicti. or shall act as a broker in such transactions. delivery. or Section 5 punishes different acts. the maximum penalty shall be The first element. not only the corpus delicti shall be imposed upon any person who organizes.

G. 2011) Ritwal. X is liable for peso bills to X when suddenly he accidentally removed illegal sale of dangerous drugs. Upon the removal of the said eyeglasses and such fell on the So in case of illegal sale of dangerous drugs. Thus. However. The Supreme Court said. A as the poseur buyer has to remove his eye glasses. A upon receipt of the same was about to give the five 100 All the elements being present therefore. been consummated this brings the officers immediately went to scene and they arrested X. in the same problem. If you were the judge. (People vs. between A and X is already consummated. can there still be a conviction? 148 From the testimonies given.00 for each sachet trading. So the went to the place or the house of X was located. A the poseur that the said money be given to the drug handler. But X contended. Meanwhile dangerous drugs. A is the poseur-buyer. Even the consideration of P200. the buyer and the seller are both poseur-buyer. 653 SCRA 660. the seller. It is not necessary door. Based on the said operation. the drug vendor. X gave the same to A. X is the seller. that they were the poseur-buyers in the sale. will signal that the Even if the marked money was not given by the poseur- transaction is already finished and the police officers buyer to the drug seller. since the mark money was Rolando Laylo148. The corpus delicti that is their buy bust operation plan. So all the members of the team of the police requires that the price must be established. A shall act as the First element. It suffices that the price or the value A. buyer told X that he is going to buy shabu worth 500 pesos. his eyeglasses and the glasses fell on the ground. there is no requisite that there police officers positioned themselves nearby but in must be a simultaneous exchange of money and hiding so that X will not be able to see them. from the drug vendor X. selling dangerous drugs and so a buy bust operation was planned. And so during their buy bust operation planning. the sale was not consummated but merely attempted. the poseur buyer A was charged of illegal sale of dangerous drugs under Section not presented in court. would you convict or acquit The police officers got a tip that X was engaged in X? How would you rule on the contention of the said buying/selling dangerous drugs so they conduct a accused? surveillance in the house of X and based on the X is liable as charged.R. not given to him it cannot be illegal sale of dangerous drugs. The same plastic unlawful acts shall be penalized by the same penalty prescribed for sachets were likewise identified by the prosecution witnesses when the commission of the same as provided under this Act: x x x (b) Sale. appellant was charged with attempted sale of dangerous drugs. administration. He is liable for illegal sale of surveillance they are positive that he was engaged in dangerous drugs. Laylo. the assigned poseur buyer went alone to the gate of or amount of dangerous drugs being bought has been the house and knocked and it was X who opened the established beyond reasonable doubt. X was thereafter So what if. dispensation.—Any attempt or conspiracy to commit the following sachets which were found to be positive for shabu. The police officers believing that the said necessary that the money actually be given to the seller. The presented in court and so the poseur buyer did not mark money remained in the hands of A because even testify to the transaction of sale between him and the before A was able to give the mark money to X. Based on and the price are established. transparent sachets of shabu. according to X. A will be the one to buy dangerous drugs identified. pesos. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 dangerous drugs as found in the case of People vs. PO1 Reyes and PO1 Pastor testified Thus. That was the plan in the buy bust second element because the second element only operation. the dangerous drugs money in the amount of five 100 peso bills. the corpus delicti. presented in court. that is 500 transaction. So X was charged with illegal 5. the moment the sale the two plastic sachets of shabu. 221 . transaction has already been consummated because It suffices that the price be established. Therefore. distribution and had been made known by appellant to the police officers. The price. Attempt or identified appellant as the seller of the substance contained in plastic Conspiracy. the police officers gave A marked Second element. Both positively Section 26(b). No. Upon seeing X. Upon hearing that X went inside the house and The third element is also present because X gave the when X came back at the gate X showed to A two two plastic sachets of shabu to the poseur buyer. the transportation of any dangerous drug and/or controlled precursor and sale was interrupted when the police officers introduced themselves essential chemical. Even if the poseur buyer is not presented in police officers already arrived and arrested him. x x x. there is still the presence of the will already arrest X. The removal of the eyeglasses. court. as cops and immediately arrested appellant and his live-in partner 192235 July 6. it is not ground. It suffices that based on their plan it is the removal of the eyeglasses the value of the dangerous drugs being bought have that would signal that the sale/transaction has already been established by evidence beyond reasonable doubt. Article II of RA 9165 provides: Section 26. delivery. it cannot be illegal sale of dangerous sale of dangerous drugs but the poseur buyer was not drugs because he did not receive the mark money.

it is incumbent upon the prosecution to the electric post. He was in the act of delivering the said present the poseur buyer because in this case. Based on the definition of delivery poseur buyer will depend upon the facts and under RA 9165. ranging from One hundred thousand pesos (P100. it is only the poseur ∞∞∞ buyer who can testify as to the consummation of the said sale. So the drug is administered.000. 9165 Sec. it is necessary that the person making circumstances presented in the case. 5 of RA 9165.00) to Ten million pesos (P10. But if. marijuana and so B was charged for delivering Therefore it cannot be said that they know that the dangerous drugs.A.000. If the other police officers present could see and give you Php 1.00 and he took the box from him the police officers who witnessed were far from the and went to the other side of the street to the man near actual scene. it is it could be a defense. If based on the the delivery must have knowledge that the thing he is presentation of evidence in court the drug seller denied delivering is dangerous drugs. I will drugs. dive. this is just a valuable thing. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 The SC in a number of cases said that. testimony of the police officers will only be hearsay The box was also confiscated. “I have here testimony will only be in effect corroborative. the actual existence of the said sale or transaction. it was discovered that the contents of the box were buying. the box when the police suddenly arrived and arrested B.000. and a fine ranging from Five hundred thousand pesos (P500. dive or resort where any How is delivery of dangerous drugs defined under RA dangerous drug is used or sold in any form. it is inside this box? Why would you give me Php 1. MAINTENANCE OF A DEN.000. 9165? Any act of knowingly passing a dangerous drug to The penalty of imprisonment ranging from twelve (12) another. So just give it to that man But the moment the said accused testified and denied and here is Php 1.000. A told B. It is necessary that there be knowledge of group of persons who shall maintain a den. The transaction only being between the drug teller and the poseur buyer.” B was in need of money so he the existence of the actual sale of dangerous drugs and accepted the Php 1. Absent that knowledge. 149 R. personally or otherwise. DIVE OR and they witnessed the actual sale then it is not RESORT. the presentation A parked his vehicle near a sidewalk in front of B. the person delivering the dangerous drugs must have knowledge that the thing he is delivering must be The maximum penalty provided for under this Section dangerous drugs because under RA 9165 delivering has shall be imposed in every case where any dangerous been defined as the act of knowingly passing. B was of the poseur. If you agree to deliver this box to that man near other police officers witness the said sale of dangerous the electric post on the other side of the street. .The penalty of life imprisonment to death necessary for the poseur buyer to be presented. the street?” So A told B. he is not liable for incumbent upon the prosecution to present the said delivering dangerous drugs. “What is have witnessed the actual sale of dangerous drugs. The chemical is used or sold in any form. courier. years and one (1) day to twenty (20) years and a fine with or without consideration149. if the a box. poseur buyer.00 not necessary that the poseur buyer be presented in just for delivering this to that man on the other side of court. drugs. or the part of the person delivering dangerous drugs for resort where any controlled precursor and essential him to be criminally liable under Sec. His window of his car and called on B. 3 (k) 222 .” And so B asked A. B is not liable for delivery of dangerous drugs because B has no knowledge that the thing he is delivering is So the absence or the presence of the testimony of the dangerous drugs.000.00) DELIVERY OF DANGEROUS DRUGS shall be imposed upon any person or group of persons who shall maintain a den.00) to Five hundred thousand pesos It is necessary that there be knowledge on the part of (P500.00. delivered or sold to a minor who offender knows that the thing he is passing is dangerous is allowed to use the same in such a place.000. They are not present at the actual sale and box. they are only within the vicinity in hiding. “This is just a valuable jewelry. A lowered the of the sale of said dangerous drugs is not material. Hence.000. and by any means. And then thereafter.00) shall be imposed upon any person or the courier.000.00. other police officers are present nearby Section 6.buyer in court to testify as to the presence a cigarette vendor. Upon looking at the said evidence. Is B liable as charged? transaction had already lasted.

can the thousand pesos (P500. And among That the prosecution shall prove such intent on the part those arrested was Y. and Likewise. obviously they are aware that the said place is being Section 7. Upon arrival to the house of X. criminally liable. if they are aware of the nature of the violator of the provisions under this Section. dive session in my house. “Y. Is why criminally of the owner to use the property for such purpose: liable? Provided.00) to Fifteen million pesos And so Y told X. but upon reaching the house. There is a the death of a person using the same in such den. who is aware order to maintain the use and sale of dangerous drug. den. armed with a used in the furtherance of the crime: Provided. provisions of the next preceding. you go to my house tonight. or resort for the use and sale of dangerous drugs and who shall normally visit the same.000.000. 7. he is not aware that the said place was used I a. based on the facts.000. That the criminal complaint out upon seeing that it was a shabu session when shall specifically allege that such place is intentionally suddenly the police arrived. “Okay. the same shall be confiscated and escheated in favor of he saw that it was a shabu session. o’clock this evening. Any employee of a den. criminally liable? ∞∞∞ 223 .” And so at exactly 9 o’clock in the owner and/or operator. a den.” One million (P1. dive or resort.00) to Five hundred dangerous drugs. is aware of the nature of the place as such and shall For a mere visitor to be liable. it was a mahjong session.000. Y was on his way the government: Provided. And shall be imposed upon any person who organizes. Y why so shocked.The penalty of imprisonment Therefore the employees therein are criminally liable ranging from twelve (12) years and one (1) day to twenty under Sec. Y is not of dangerous drugs. Y was charged. said place and considering that they are employees. drop by my house at around 9 o’clock tonight. knowingly visit the same he is aware of the nature of the said place as one which is maintained for the use and sale of dangerous drugs. an employee of the said den. MAINTENANCE OF A DEN. (20) years and a fine ranging from One hundred thousand pesos (P100. I will drop by your house 9 (P15. And if you may wish to join our or resort. Y went to the house of X.000. he did not knowingly visit the same despite b.000. dive. EMPLOYEES AND VISITORS OF A DEN. Therefore. OR RESORT And second element requires that he shall knowingly FOR USE AND SALE OF DANGEROUS DRUGS visit the same despite knowledge that it is a place. search warrant.00) shall be imposed on the maintainer. as one being maintained as the use and sale of dangerous drugs and What about the employee in the said place? What about he did not knowingly visit the same. Y should persons visiting the said place? Can they also be held be acquitted based on the provision of Sec. not being included in the such knowledge. The police. Y didn’t know. or resort for the use and sale In this case. dive or resort is owned by a third person. aware of the nature of the said place. Sec. 7 of RA 9165. dive. Y thought all along that If such den. of the nature of the place as such. That the owner shall be included as Under Sec. or resort who has knowledge of the nature of the The maximum penalty provided for under this Section place as one use for the sale of dangerous drugs.000. dive. evening. can the employees therein.00) shall be imposed upon: Y is not liable because although he went to the said place. maintained for the use and sale of dangerous drugs. 7 requires that first. further. the penalty of death and a fine ranging from session. paragraph.00) shall be imposed upon workers therein. First. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Should any dangerous drug be the proximate cause of X told Y. DIVE. finally. Any person who. dive.00) to Five hundred thousand How about Y? pesos (P500. DIVE OR RESORT. The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One So in the said place which is for the use and sale of hundred thousand pesos (P100. 7. the following persons are also an accused in the criminal complaint. . they raided the said place. be held liable? any person. who acts as a "protector/coddler" of any The answer is yes. the second one is any person any person who has been manages or acts as a "financier" of any of the illegal an employee is aware of the nature of the said place as activities prescribed in this Section. or resort for use and sale of dangerous drugs.000. Section 6 punishes any person or group of persons who maintains any den.

Any phase of the manufacturing process was introduced drugs and their derivatives.00). shall engage in the the following quantities.00) to Ten million pesos (P10. Otherwise. heroin. Article XI of this Act. authorized by law. shall be imposed upon any person. and chemical or laboratory equipment in the clandestine 8. business.000. (P500. other dangerous drugs such as. shall possess any dangerous drug in who. undertaken or established under the following trimethoxyamphetamine (TMA). unless authorized by law.000. beyond therapeutic requirements. The presence of any controlled precursor and essential 7.000. without having any equipment in a clandestine laboratory shall be prima therapeutic value or if the quantity possessed is far facie evidence of the manufacture of dangerous drugs. from One hundred thousand pesos (P100. if the engineer. 10 grams or more of other dangerous drugs such as. Any phase or manufacturing process was as determined and promulgated by the Board in established or undertaken within one hundred (100) accordance to Section 93. and Under this section. 10 grams or more of cocaine or cocaine (P100. Any clandestine laboratory was secured or foregoing quantities. or any violator of the provisions under this Section. GHB. ranging from One hundred thousand pesos 4. gamma hydroxyamphetamine (GHB). hundred thousand pesos (P500. and those similarly designed or newly a. regardless of the degree of manufacture of any dangerous drug. 6. the penalties shall be graduated as protected with booby traps. unless (P10.000. The penalty of imprisonment ranging from twelve (12) 2. - AND/OR CONTROLLED PRECURSORS AND The penalty of life imprisonment to death and a fine ESSENTIAL CHEMICALS.000. TMA. Life imprisonment and a fine ranging from Four legitimate business operations.00) to Five e. who. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Section 8. dangerous drug. laboratory is a prima facie proof of manufacture of any but not limited to. if the The penalty of twelve (12) years and one (1) day to quantities of dangerous drugs are five (5) grams or twenty (20) years of imprisonment and a fine ranging more but less than ten (10) grams of opium.000. LSD.00) shall be imposed upon any person. years and one (1) day to twenty (20) years and a fine 3. the persons of any controlled those similarly designed or newly introduced drugs precursor or any essential chemical or any laboratory and their derivatives. controlled precursor and essential chemical.000.00) to Five hundred thousand pesos hydrochloride.00) to Five hundred thousand pesos (P500. PMA. if the quantity involved is less than the c. but not limited to. chemical hundred thousand pesos (P500. 5. . who acts as a "protector/coddler" of methamphetamine hydrochloride or "shabu". who.00) thousand pesos (P500.000. quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty The maximum penalty provided for under this Section (50) grams.00) shall be imposed marijuana resin or marijuana resin oil. 50 grams or more of methamphetamine unless authorized by law.000. 10 grams or more of heroin. MANUFACTURE OF DANGEROUS DRUGS Section 11. 10 grams or more of marijuana resin or marijuana resin oil. or three hundred 224 . follows: d. Any employment of a practitioner. shall manufacture any hydrochloride or "shabu".00). church or school premises. who organizes. Any clandestine laboratory was concealed with 1. upon any person.00) to Ten million pesos shall be imposed upon any person. without conducted in the presence or with the help of having any therapeutic value or if the quantity minor/s: possessed is far beyond therapeutic requirements. MDMA or "ecstasy".000.00) shall be imposed upon any person. It shall be considered an aggravating methylenedioxymethamphetamine (MDA) or circumstance if the clandestine laboratory is "ecstasy". lysergic acid circumstances: diethylamine (LSD). or hundred thousand pesos (P400. Imprisonment of twenty (20) years and one (1) day manages or acts as a "financier" of any of the illegal to life imprisonment and a fine ranging from Four activities prescribed in this Section.000.000. 2. 10 grams or more of morphine. cocaine or cocaine hydrochloride.00) to Five morphine.000. hundred thousand pesos (P400. 500 grams or more of marijuana.000. b. paramethoxyamphetamine (PMA). purity thereof: 1. 10 grams or more of opium.The penalty of life ranging from Five hundred thousand pesos imprisonment to death and a fine ranging Five hundred (P500. meters of a residential. POSSESSION OF DANGEROUS DRUGS. public official or foreigner.

injected. heroin. the The dangerous drugs was found under the pillow on the Board shall prescribe the necessary implementing beddings where he was sleeping. administering. 2. Such possession is not authorized by law. without having any therapeutic value presumed by law. injecting. if the contraband. penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from What does possession mean? Ten thousand pesos (P10. Then we have the third element requires that the ILLEGAL POSSESSION OF DANGEROUS DRUGS offender freely consciously possesses the said dangerous drugs.000. GHB. hundred (300) grams of marijuana. Since dangerous drugs are per se quantities of dangerous drugs are less than five (5) contraband. methamphetamine Therefore. Insofar as the second element is 500) grams of marijuana.00) shall be imposed upon any person. It is not necessary that there is ingesting. It apparatus and other paraphernalia fit or intended for is not necessary that the dangerous drugs be found on smoking. ingested or used a dangerous Is this second element for the prosecution to prove? Is drug and shall be presumed to have violated Section 15 the prosecution mandated or incumbent to prove that of this Act.00) to Four presumes the same because dangerous drugs are per se hundred thousand pesos (P400. it is the accused who has the burden of hydrochloride or "shabu". marijuana resin oil.00) to Fifty thousand Possession does not only mean actual physical pesos (P50. therefore it is the accused that must or if the quantity possessed is far beyond prove that he has the authority to possess the therapeutic requirements. TMA. dangerous drug. there is already illegal guidelines thereof. there is and various professionals who are required to carry already constructive possession. The accused is in possession of an item or object which and consciously possesses the said dangerous drug.000. There is animus posidendi. Section 12. consuming.00). and concerned. INSTRUMENT. administered to himself/herself. or less than three dangerous drugs found in his possession. instrument. LSD. the law presumes that any person in 3. his body or clothing. possession. or introducing any dangerous drug into the physical possession for as long as it is found in a place body: Provided. The accused freely and consciously possessed the said drug. marijuana resin or drugs does not have the authority to possess the same. shall possess or have possession for as long as the said dangerous drugs is under his/her control any equipment. under the control and dominion of the said offender. since they are per se illegal. or other dangerous drugs proving that he has the authority to possess the said such as. morphine. the said accused has possession of the said dangerous drugs when he has no authority to possess the same? 225 . apparatus and other paraphernalia in the practice of their profession. POSSESSION OF EQUIPMENT.000. He freely 1. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 (300) grams or more but less than five (hundred) The answer is no. possessor has smoked. Imprisonment of twelve (12) years and one (1) day possession of any dangerous drugs does not have the to twenty (20) years and a fine ranging from Three authority to possess the same. consumed. PMA. and ∞∞∞ 3. hence there is constructive possession. the offender was found in possession PARAPHERNALIA FOR DANGEROUS DRUGS. instrument. he knows that the ELEMENTS thing in his possession is a dangerous drug. That in the case of medical practitioners under the control and dominion of the person. is identified to be a prohibited drug. MDMA or "ecstasy". apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding The second element requires that the offender does not paragraph shall be prima facie evidence that the have the authority to possess dangerous drugs. unless authorized by law. such equipment. -The of an article or item identified to be dangerous drugs. possession of dangerous drugs because the said dangerous drugs were under his control and dominion The possession of such equipment. cocaine or presumes that any person in possession of dangerous cocaine hydrochloride. Possession also includes constructive who.000. and those similarly designed or newly introduced drugs and their So insofar as the second element is concerned it is derivatives. the law grams of opium. The law prima facie hundred thousand pesos (P300. APPARATUS AND OTHER The first element. but not limited to. instrument.

he/she shall suffer the penalty of police officers saw on the floor of the said house three imprisonment ranging from six (6) years and one (1) day persons. in which case the provisions stated therein shall paraphernalia. after a confirmatory test. So in order to give rise to illegal use of dangerous drugs or in any place in the company of at least two or more the third element requires that no other amount. provided for in Section 11 of this Act. X was walking on the street on his way home when ∞∞∞ suddenly here comes a snatcher. no persons it will aggravate the criminal liability of the other kind of dangerous drugs must be found in offender. – A person help the police officers who were nearby heard the shout apprehended or arrested. party. snatcher. the moment the person was found in possession of dangerous drugs in a meeting. injected dangerous drugs on dangerous drugs. USE OF DANGEROUS DRUGS. and C encircled and engaged in sniffing to twelve (12) years and a fine ranging from Fifty shabu. – Any person found possessing any So under the first element it is necessary that the dangerous drug during a party.000. A. Therefore.000. and C of their constitutional rights 226 . No other amount of dangerous drugs was found in his possession other than that what he is consumed. or in the proximate company of at least two PDEA agents or any other person using dangerous (2) persons. regardless of the quantity and purity of such dangerous drugs.00): Provided. used. the law presumes that the said person apply. administered or injected dangerous drugs to himself. then the be the one imposed. That this Section shall C whom they caught in the actual act of sniffing shabu. DURING PARTIES. he was found positive for use of any dangerous drugs. Second element. who is found to be positive for of X for help and so the police officer chased the use of any dangerous drug. consumed. gathering. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 When the offender is charged with illegal possession of to have in his/her possession such quantity of any drug paraphernalia what is the presumption of the law? dangerous drug provided for under Section 11 of this When a person is found in possession of drug Act. ∞∞∞ 3. because if any other amount of dangerous drugs was gathering. that he What if the offender was found in possession of actually consumed dangerous drugs. the maximum penalty possession of the said offender. instead the police officers arrested A. prescribed by law shall be the one imposed. B. POSSESSION OF DANGEROUS DRUGS or used. dangerous drugs in a party. The offender was found in the actual use of administered. After a confirmatory test. The maximum penalty prescribed by law shall that he has consumed or he was consuming. 1. B. If apprehended using any dangerous drug for police officer entered the said house. not be applicable where the person tested is also found They informed A. B. The police officer blew the whistle for the shall be imposed a penalty of a minimum of six (6) snatcher to stop but the snatcher would not stop. The snatcher immediately grabbed her handbag and so X shouted for Section 15. The police officers did not anymore follow the thousand pesos (P50. after his arrest he must go to the PNP Crime Lab for confirmatory testing and the test showed that he is positive for use of dangerous drugs. The law says. and pesos (P200. in a meeting. or at a social gathering offender was actually seen by the police officers by the or meeting. 2.00) to Two hundred thousand snatcher. ILLEGAL USE OF DANGEROUS DRUGS So the possession of these drug paraphernalia would ELEMENTS lead to the presumption that he consumed. appropriate charge is already illegal possession and not illegal use of dangerous drugs. The months rehabilitation in a government center for the snatcher entered a house that has an opened door first offense. the the second time. shall suffer the maximum penalties drugs. or in the company of at least two or more found in his possession other than the dangerous drugs persons. SOCIAL GATHERINGS OR MEETINGS. Upon entering. in a gathering? What is the effect on his criminal liability? The third element requires that no other amount of Under Section 13 of RA 9165 if a person is found in dangerous drugs must be found in his possession possession of dangerous drugs in a meeting. subject to the provisions of Article VIII of considering that the door of the house was open the this Act. Section 13. himself.

controlled precursors and representative or counsel. a partial laboratory frisked. and and thereafter brought A. After the confirmatory test A. and C. Within twenty-four (24) hours upon evidence. B. and controlled precursors and CONFISCATED. in the presence LABORATORY EQUIPMENT. The Board shall draw up the equipment so confiscated. plant were confiscated and/or seized. and C were found issued within twenty-four (24) hours after the actually using shabu. Based on these 2. as determined by the Board. and C two plastic sachets of shabu representative or counsel. AND/OR SURRENDERED essential chemicals. CUSTODY AND DISPOSITION OF dangerous drugs. The apprehending team having initial custody and the body and the clothing of A. The third dangerous drugs. or his/her sources of dangerous drugs. and C should only be charged with one case and and essential chemicals. receipt of the subject item/s: Provided. B and C were inventory and be given a copy thereof. examination results. A. when they were searched two plastic sachets of examination report shall be provisionally issued shabu were found from the pockets of their pants from stating therein the quantities of dangerous drugs each of their pants. plant officers against A. they shall be convicted be issued on the completed forensic laboratory for illegal possession of dangerous drugs because form examination on the same within the next twenty- each of their pockets two plastic sachets of shabu were four (24) hours. SEIZED. a representative from the media and confiscated the said dangerous drugs marked the same 1. So from A. within seventy-two (72) hours. But the third element is absent. plant sources of shabu. PLANT SOURCES OF instruments/paraphernalia and/or laboratory DANGEROUS DRUGS. shall be The first element is present. the Department of Justice (DOJ). however. Thereafter they searched/frisked 1. shall be 227 . physically inventory and shabu on the pocket of the pants of A.3. the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and Illegal use of dangerous drugs is not the appropriate quantitative examination. seized and/or surrendered. Therefore they can no longer be held still to be examined by the forensic laboratory: liable for illegal use because the third element of illegal Provided. two plastic photograph the same in the presence of sachets of shabu on the pocket of the pants of B and also 1. After the filing of the criminal case. or his/her of C. B.1. any elected public official Lab for testing and they also sent the dangerous drugs who shall be required to sign the copies of the for testing. plant sources of Section 21. what case or cases should be filed by the police confiscation/seizure of dangerous drugs. immediately after seizure search the police officers found two plastic sachets of and confiscation. found. and controlled precursors and element requires that no other amount of dangerous essential chemicals does not allow the completion of drugs must be found in their possession when they were testing within the time frame. – The PDEA shall take of the accused or the person/s from whom such items charge and have custody of all dangerous drugs. Instead. CONTROLLED equipment. That when after confirmatory test they are found positive for use of the volume of the dangerous drugs. a representative from the essential chemicals. B. including the DANGEROUS DRUGS. charge because the third element is absent for illegal 3. which shall be done under oath by the forensic laboratory examiner. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 and handcuffed them. And upon control of the drugs shall. civil society groups and any instruments/paraphernalia and/or laboratory elected public official. and C? sources of dangerous drugs. conduct an ocular ∞∞∞ inspection of the confiscated. 4. B. B. seized and/or surrendered dangerous drugs. B.2. A certification of the forensic laboratory use. and through the PDEA shall within PRECURSORS AND ESSENTIAL CHEMICALS. guidelines on the manner of proper disposition and for proper disposition in the following manner: destruction of such item/s which shall be borne by the offender: Provided. twenty-four (24) hours thereafter proceed with the INSTRUMENTS/PARAPHERNALIA AND/OR destruction or burning of the same. and C to the PNP Crime 1. That a final certification shall use is already absent. the Court shall. as well as media and the DOJ. The police officers 1. That those item/s of lawful commerce. Second element is also present. equipment.4. the accused or the person/s from whom such two plastic sachets of shabu on the pocket of the pants items were confiscated and/or seized. as well as that is illegal possession of dangerous drugs not illegal instruments/paraphernalia and/or laboratory use of dangerous drugs. were found in each of their pockets. found to be positive for use of shabu. controlled precursors A.

be burned or destroyed. a representative from the media. DOJ. the representative sample/s shall be kept to a minimum quantity as determined 1. possession of law enforcement agencies shall. The Board shall then issue a sworn certification as said inventory and who shall be required to sign the to the fact of destruction or burning of the subject same. with leave of court. and burning PNP Crime Lab and it is the very same dangerous drugs or destruction of seized/surrendered dangerous presented in court as evidence. shall photograph the same in the presence of the accused or from the person whom the dangerous drugs have been confiscated or in the presence of his 228 . The elected public official must be required to sign evidence in question. In case the said confiscated or in the presence of his counselor any offender or accused refuses or fails to appoint a other representative. item/s which. the law provides for the because by nature of dangerous drugs they can easily be procedure that the apprehending police officers must altered. The alleged offender or his/her representative or 2. shall request that it is given to the custodian for safekeeping. elected public official who shall be given a copy of the 5. together with the representative sample/s in the custody of the PDEA. a representative from the Department of accused or his/her counsel within seventy-two (72) Justice. Under section 21 it is provided that the apprehending team had initial custody of the dangerous drugs seized or confiscated shall first. That a representative sample. There must be a picture taking of the dangerous counsel shall be allowed to personally observe all of drugs in the presence of the accused or from the the above proceedings and his/her presence shall person whom the dangerous drugs have been not constitute an admission of guilt. physically inventory the same and second. The Chain of Custody Rule procedure will follow upon arrest of the offender and upon the seizure ensure that they will be no change in evidence from the of dangerous drugs. hours before the actual burning or destruction of the 3. disposition. and an elected public official. disposition and destruction within twenty-four (24) hours from receipt of the same. After the promulgation and judgment in the What is the so called Chain of Custody Rule? criminal case wherein the representative sample/s It is the duly recorded custody of dangerous drugs from was presented as evidence in court. 7. to the the court for leave to turn over the said time that it is presented in court as evidence. dangerous date and time wherein they had temporary custody of drugs defined herein which are presently in the said dangerous drugs. to the time representative sample/s to the PDEA for proper that is it destroyed. 6. b) Pending the organization dangerous drug which has been examined/tested at the of the PDEA. to the time termination of the case and. further. the by the Board. a representative from the representative after due notice in writing to the media. Transitory Provision: a) Within twenty-four (24) dangerous drugs must sign the same and must state the hours from the effectivity of this Act. there has been no drugs provided under this Section shall be substitution/change of evidence. and. in turn. It is to ensure that the dangerous drug Department of Health (DOH) and the accused/and seized/confiscated from the accused is the very same or his/her counsel. and an duly weighed and recorded is retained. a Provided. SC said that this Chain of Custody Rule is important Under Section 21 of RA 9165. and All persons who have temporary custody of the said 8. the trial the time that it is seized/confiscated to the time it is prosecutor shall inform the Board of the final presented in the crime laboratory for testing. the custody. In all instances. implemented by the DOH. the Secretary of Justice shall the inventory receipt and shall be given a copy of the appoint a member of the public attorney's office to same represent the former. time of confiscation to the time of testing to the time in presentation in court. shall be This is the procedure that must be followed by the submitted to the court having jurisdiction over the apprehending public officers: case. same must be stated in the inventory list. in the What is the purpose of the Chain of Custody Rule? presence of representatives of the Court. representative from the Department of Justice. Upon seizure/confiscation of dangerous drugs. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 donated. used or recycled for legitimate purposes: counsel.

CRIMINAL LAW REVIEWER
John Ree Esquivel-Doctor |2016

Compliance with the chain of custody requirement after testing they were found positive. And so the drug
ensures the integrity of confiscated, seized, and/or seller was charged with illegal sale of dangerous drugs.
surrendered drugs and/or drug paraphernalia in four (4) The contention of X was that he is not liable because the
respects: procedure under Sec. 21 have not been followed by the
police officers. The Chain of Custody Rule had not been
1. The nature of the substances or items seized; followed. Therefore according to the said accused, he
2. The quantity (e.g., weight) of the substances or cannot be liable for the said sale. Is the contention of the
items seized; accused correct?
3. The relation of the substances or items seized to the In People vs. Remigio and People vs. Gatlabayan151, the
incident allegedly causing their seizure; and SC held that even if the police officers or even if the
4. The relation of the substances or items seized to the PDEA agents or any other public officers failed to
person/s alleged to have been in possession of or comply with the rules, it is specifically stated in Sec. 21
peddling them. there can still be a conviction of a violation of RA 9165
if, (1) there is a justifiable ground while the public
In both illegal sale and illegal possession of prohibited officers failed to comply with the said procedure and (2)
drugs, conviction cannot be sustained if there is a the said apprehending public officers were able to
persistent doubt on the identity of the drug. The preserve the integrity and evidentiary value of the
identity of the prohibited drug must be established with dangerous drugs seized.
moral certainty. Apart from showing that the elements
of possession or sale are present, the fact that the If these two requisites are present even if the procedure
substance illegally possessed and sold in the first place in Sec. 21 had not been followed by the police officers
is the same substance offered in court as exhibit must there can still be conviction. So first, it is necessary that
likewise be established with the same degree of the police officers have a justifiable ground for the
certitude as that needed to sustain a guilty verdict 150. noncompliance of the procedure is Sec. 21 and second
they were able to preserve the integrity and evidentiary
An asset arrived at the Police Station and told the police value of the dangerous drugs seized. If these two
that in a certain alley in the public market, X was in the requisites are present, then there can still be conviction.
business of selling dangerous drugs. Time is of the
essence, if the police officers would look for a media This second element that the apprehending public
representative or DOJ representative by the time they officers were able to preserve the integrity and
arrive at the public market X would no longer be there. evidentiary value of the dangerous drugs seized, how
So the police officers immediately arrived at the said can the police officers preserve such integrity and
place with only an elected public official. They caught X evidentiary value?
in the business of selling dangerous drugs. They were Right after the confiscation. Right after the seizure of
able to confiscate from X five plastic sachets of the dangerous drug, these apprehending police officers
dangerous drugs. Right then and there the police must immediately mark the dangerous drugs so that
officers marked these five plastic sachets in the there will be no change in evidence in order to ensure
presence of the accused and an elected public official. that this is the evidence taken from this accused. So
They failed to bring a photographer. So the said right in the place where the said dangerous drugs were
dangerous drugs were inventoried. There were no confiscated in the presence of the accused, in the
photographs of the said dangerous drugs. The presence of an elected public official, it is necessary that
dangerous drugs were brought to the PNP Crime Lab, it must be duly marked in the said place by that they

150People v. Dela Cruz, G.R. No. 205821 October 1, 2014 Implementing Rules and Regulations relative to the custody,
151To be sure, Section 21(a), Article II of the IRR offers some flexibility photographing and drug-testing of the apprehended persons, are not
in complying with the express requirements under paragraph 1, serious flaws that can render void the seizures and custody of drugs
Section 21, Article II of R.A. No. 9165, i.e., “non-compliance with these in a buy-bust operation. In addition, the Court has already ruled that
requirements under justifiable grounds, as long as the integrity and the non-presentation of the pre-operation report is not fatal to the
the evidentiary value of the seized items are properly preserved by cause of the prosecution, because it is not indispensable in a buy-bust
the apprehending officer/team, shall not render void and invalid such operation. What determines if there was, indeed, a sale of dangerous
seizures of and custody over said items.” This saving clause, however, drugs in a buy-bust operation is proof of the concurrence of all the
applies only where the prosecution recognized the procedural lapses, elements of the offense, to wit: (1) the identity of the buyer and the
and, thereafter, explained the cited justifiable grounds, and when the seller, the object, and the consideration; and (2) the delivery of the
prosecution established that the integrity and evidentiary value of the thing sold and the payment therefor, which the prosecution has
evidence seized had been preserved. (People vs. Remigio, 687 SCRA satisfactorily established. The prosecution satisfactorily proved the
336(2012)) It can easily be gleaned that non-compliance with the illegal sale of dangerous drugs and presented in court the evidence of
procedural requirements under Republic Act No. 9165 and its corpus delicti. (People vs. Gatlabayan, 653 SCRA 803(2011))

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were able to preserve the integrity and evidentiary X was charged for illegal possession of drug
value of the dangerous drugs seized. paraphernalia under Sec. 12 and after trial, the judge
found him guilty beyond reasonable doubt of illegal
The chain of custody rule requires that the admission of possession of drug paraphernalia. Under Sec. 12 the
an exhibit be preceded by evidence sufficient to support penalty for such is 6 months and one day to the
a finding that the matter in question is what the maximum of four years. The judge imposed upon him
proponent claims it to be. It would include testimony the maximum penalty of four years. The penalty
about every link in the chain, from the moment the item imposed on the accused is within the probationable
was picked up to the time it is offered into evidence, in penalty because under PD 968, the penalty is six year
such a way that every person who touched the exhibit or below. And here, the maximum penalty imposed by
would describe how and from whom it was received, the judge is only the maximum of four years within the
where it was and what happened to it while in the probationable penalty. And so X filed an application for
witness’ possession, the condition in which it was probation under PD 968. If you were the judge, would
received and the condition in which it was delivered to you grant him probation? Is he allowed to apply for
the next link in the chain. Thus, if the prosecution failed probation?
to present the testimony of a police inspector who had The answer is yes. Because under Section 24, only those
the only keys to the evidence locker where the sachet of persons who are convicted of drug trafficking or drug
shabu, the unbroken chain of custody was not pushing cannot avail of the benefit of probation.
established and the accused must be acquitted152.
So if the offender has committed any other violation of
∞∞∞ the provisions of RA 9165 for as long as it is not drug
trafficking or drug pushing, he can avail of the benefit
Section 23. PLEA-BARGAINING PROVISION. – Any of probation law for as long as the penalty imposed on
person charged under any provision of this Act him is six years or below.
regardless of the imposable penalty shall not be allowed
to avail of the provision on plea-bargaining. So note, not all acts punishable under RA 9165 would
mean that the offender cannot avail of the probation. It
X was charged for violation of Section 11 of RA 9165, is only when he is convicted of drug trafficking or drug
illegal possession of dangerous drugs. In arraignment, pushing that he is not allowed to avail the benefit of
he pleaded not guilty however, later, he moved that he probation under PD 968 as amended.
wanted to change his plea to guilty to a lesser crime and
that is illegal possession of drug paraphernalia under ∞∞∞
Section 12 of the same Act. Is that allowed? Is plea
bargaining allowed in case of violation of RA 9165? Section 25. QUALIFYING AGGRAVATING
The answer is no. Under Section 23 of RA 9165, for any CIRCUMSTANCES IN THE COMMISSION OF A
violations of the provisions of RA 9165 the offender CRIME BY AN OFFENDER UNDER THE
cannot avail of the benefit of plea bargaining. INFLUENCE OF DANGEROUS DRUGS. –
Notwithstanding the provisions of any law to the
Whatever be the violation under R.A. 9165, plea contrary, a positive finding for the use of dangerous
bargaining is a prohibited act, the said offender cannot drugs shall be a qualifying aggravating circumstance in
plead guilty to a lesser offense. the commission of a crime by an offender, and the
application of the penalty provided for in the Revised
∞∞∞ Penal Code shall be applicable.

Section 24. NON-APPLICABILITY OF THE X killed the victim. After having killed the said victim,
PROBATION LAW FOR DRUG TRAFFICKERS AND the accused is believed to be under the influence of
PUSHERS. – Any person convicted for drug trafficking dangerous drugs because of the brutal manner of killing
or pushing under this Act, regardless of the penalty the said victim. And so upon the arrest of X, they also
imposed by the Court, cannot avail of the privilege brought X to the PNP Crime Lab for testing if he was
granted by the Probation Law or Presidential Decree under the influence of dangerous drugs and indeed it
No. 968, as amended. was found out he was under the influence of dangerous
drugs. Now that it is positive that he was under the

152 People v. Abetong, G.R. No. 209785, June 4, 2014, J. VELASCO
Jr.

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John Ree Esquivel-Doctor |2016

influence of dangerous drugs in the commission of the Can a mere attempt or a mere conspiracy bring about
crime of homicide or killing another person, what is the conviction in case of violation of RA 9165 under
effect of such positive finding for use of dangerous drugs attempted stages?
on the criminal liability of the offender? Although as a rule, in case of violation of special penal
Under Section 25, the positive finding shall be a laws, there are no stages in the commission of the crime,
qualifying aggravating circumstance in the commission under Section 26 of RA 9165, a mere attempt and
of any crime. Which means that the penalty to be conspiracy will already give rise to the crime in any of
imposed on the said offender will be higher or there the following circumstances:
would be a change on the nature of the penalty. The 1. Importation of any dangerous drug;
crime would be served with a higher penalty. 2. Sale, trading, administration, delivery,
distribution, transportation of dangerous drug;
NOTE: In Social Justice Society (SJS) vs. Dangerous 3. Maintenance of a den, dive, or, resort where any
Drugs Board153, the SC ruled that person charged with dangerous drug is used in any form;
a crime before the prosecutor’s office cannot be 4. Manufacture of any dangerous drug; and
subjected to mandatory drug testing. 5. Cultivation or culture plants which are the sources
of dangerous drugs.
∞∞∞
In these five instances, a mere attempt will already give
Section 26. ATTEMPT OR CONSPIRACY. – Any rise to the crime. Likewise conspiracy will already give
attempt or conspiracy to commit the following unlawful rise to the crime. And note, Section 26 says the penalty
acts shall be penalized by the same penalty prescribed will be the same as if the same crime had been
for the commission of the same as provided under this consummated.
Act:
a. Importation of any dangerous drug and/or In the case of People v. Rolando Laylo, the police officers
controlled precursor and essential chemical; where in civilian clothing, they were looking for drug
b. Sale, trading, administration, dispensation, pushers so they went near a store they stood by there
delivery, distribution and transportation of any and waited for persons selling dangerous drugs. Here
dangerous drug and/or controlled precursor and comes Rolando Laylo and his wife. He saw these two
essential chemical; persons in civilian clothing and he went near these two
c. Maintenance of a den, dive or resort where any persons and he told these two persons who were
dangerous drug is used in any form; actually police officers, “Gusto mo umiskor?” And the
d. Manufacture of any dangerous drug and/or police officers said, “Bakit? Meron ka?” And Rolando
controlled precursor and essential chemical; and Laylo said, “Oo, dos ang isa.” And then thereafter
e. Cultivation or culture of plants which are sources of Rolando Laylo opened his palm. And the plastic sachets
dangerous drugs. of shabu were on the palm of Rolando Laylo. After
seeing the dangerous drugs on the palm of Rolando
Laylo, the police officers immediately announced that
they are police officers and they arrested Rolando Laylo.
The wife was able to escape. So he was brought to court
and was charged with attempted illegal sale of
dangerous drugs. Is he liable for such crime?
Yes.

The court find the situation entirely different in the case of persons
153 The persons thus charged, by the bare fact of being hailed before the
charged before the public prosecutor’s office with criminal offenses prosecutor’s office and peaceably submitting themselves to drug
punishable with six (6) years and one (1) day imprisonment. The testing, if that be the case, do not necessarily consent to the procedure,
operative concepts in the mandatory drug testing are “randomness” let alone waive their right to privacy. To impose mandatory drug
and “suspicionless.” testing on the accused is a blatant attempt to harness a medical test
as a tool for criminal prosecution, contrary to the stated objectives of
In the case of persons charged with a crime before the prosecutor’s RA 9165. Drug testing in this case would violate a persons’ right to
office, a mandatory drug testing can never be random or suspicionless. privacy guaranteed under Sec. 2, Art. III of the Constitution. Worse
The ideas of randomness and being suspicionless are antithetical to still, the accused persons are veritably forced to incriminate
their being made defendants in a criminal complaint. They are not themselves. (Social Justice Society (SJS) vs. Dangerous Drugs Board,
randomly picked; neither are they beyond suspicion. When persons 570 SCRA 410(2008))
suspected of committing a crime are charged, they are singled out and
are impleaded against their will.

231

It validly impose qualifications on candidates for Section 29 punishes planting evidence. So here. the three departments of officer deliberately bumped the said neighbor and after government have no choice but to yield obedience to the that he surreptitiously inserted a small plastic sachet of commands of the Constitution. Random. committed by any person who shall surreptitiously If Congress cannot require a candidate for senator to plant any amount of dangerous drugs on any person for meet such additional qualification. the object and the If what has been planted on an innocent person in order consideration. Let us review the elements. He is liable for incriminating innocent persons under Article 363 of the RPC. Since that is so. xxx "planting" any dangerous drug and/or controlled precursor and essential chemical. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 The sale of dangerous drugs is only in the attempted of theft the police officer inserted inside the pocket this stage or is it already in the consummated stage? stolen ring. to the purpose of imputing upon him the commission of a be sure. the police void and has no effect. citizen in the democratic process of election should not be defeated by unwarranted impositions of requirement Same problem. What crime if any is committed? Only attempted. It is basic that if a law or an administrative rule violates any norm of the Constitution. Dangerous Drugs Board. compliance with Social Justice Society (SJS) vs. 36 (g) Declared Unconstitutional and purity. no act shall be valid if commission of a crime and in order that he would be it conflicts with the Constitution. And so the said police their defined functions. All candidates for public office whether appointed or elected both in the national or local government shall ∞∞∞ undergo a mandatory drug test. Whatever limits it shabu inside the pocket of the pants of the said imposes must be observed154. is also without such power. – xxx (g) attempted illegal sale of dangerous drugs. They are established. The Constitution is the basic law officer wanted to impute upon his neighbor the to which all laws must conform. CRIMINAL LIABILITY FOR PLANTING positive for dangerous drugs use shall be subject to the OF EVIDENCE. The said ring was stolen in a party and is being looked for by the owner and so to It is within the prerogative of educational institutions impute upon his neighbor the commission of the crime to require. two plastic sachets to impute upon the commission of a crime is dangerous of shabu and the price. In the discharge of able to arrest the said neighbor. AUTHORIZED DRUG TESTING. as a condition for admission. – Any person who is found guilty of provisions of Section 15 of this Act. hands of the seller to the hands of the buyer. neighbor. RA 9165 has a specific provision. This third element is absent because the police officers But if what had been planted to another person to immediately announced that they are police officers impute upon him the commission of a crime is any other even before the accused was able to give to them the said thing outside drugs then it is violation of Article 363 of dangerous drugs. shall suffer the penalty of death. what ∞∞∞ we have here is only attempted illegal sale of dangerous drugs. that issuance is null and A police officer was mad at his neighbor. First. Rolando Laylo was convicted of Section 36. Officers and Employees of Both Public and he surreptitiously inserted inside the pocket of the Private Offices are Constitutional neighbor a stolen ring. 570 154 155 Ibid SCRA 410(2008) 232 . those found to be Section 29. This is senator in addition to what the Constitution prescribes. we wanted to arrest the neighbor and so he tried to impute the commission of a crime upon him he Mandatory. drugs. the RPC and that is incriminating innocent persons under Article 363. the police officer is mad at his neighbor. The third element being absent the SC said that it is an aborted sale of dangerous drugs. the buyer and the seller are clearly identified. What crime is committed by the police officer? The police officer is liable under RA 9165 of Section 29. the COMELEC. Second. not otherwise specified in the Constitution 155. regardless of quantity Sec. In addition to the above stated penalties in this Section. The third element. Section 29 the dangerous drugs must be transferred from the planting of evidence. The right of a violation under RA 9165. “dos ang isa”. and Suspicionless Drug Testing of deliberately bumped the said neighbor and thereafter Students.

rule or regulation to the contrary. Where the offender is a minor. To be sure. by constitutional demand. as amended. Example of such is RA 9165. doubtless a legitimate concern of the government. – Notwithstanding any law. and equitable requirements. it is subject to fair. As regards public officers and employees. Thereafter the provisions of the RPC should be applied to him. the Court specifically held that: Like their counterparts in the private sector. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 reasonable school rules and regulations and policies. it is mandatory. Reyes. except in the case of minor offenders. government officials and employees also labor under reasonable supervision and restrictions imposed by the Civil Service law and other laws on public officers. 98 provides that if the offender is a minor offender and the crime that is committed is a violation if RA 9165 has the prescribed penalty of death it shall be considered as reclusion perpetua to death. shall not apply to the violations of RA 9165. LIMITED APPLICABILITY OF THE REVISED PENAL CODE. Exception to the rule: If the offender is a minor. reasonable. 156 Office of the Court Administrator vs. the provisions of the Revised Penal Code (Act No. 10 of the RPC that the provisions of the RPC shall apply supplementarily to the provision of special penal laws unless. Gutierrez. therefore you cannot apply the provision of RPC to the provisions of RA 9165. the special penal law provides otherwise. who. 621 SCRA 511(2010) 233 . A random drug testing of students in secondary and tertiary schools is not only acceptable but may even be necessary if the safety and interest of the student population. And if RA 9165 passes the norm of reasonableness for private employees. the right to enroll is not absolute. all enacted to promote a high standard of ethics in the public service. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. as amended. are to be promoted and protected. 3814). the more reason that it should pass the test for civil servants. it is provided that the provisions of the RPC. ∞∞∞ Section 98. The SC said in the case of People vs. under Section 98. I have discussed in Art. the law uses the word shall. Sec. are required to be accountable at all times to the people and to serve them with utmost responsibility and efficiency156. shall not apply to the provisions of this Act.

(a) The penalty of arresto mayor or a fine not exceeding two ART. 234 . shall sell or distribute the same without mechanical invention or contrivance to connivance with the importer of the same. sale and possession of lottery hundred pesos. any person who shall import into the Philippine 1. knowingly and without lawful purpose. allowed by law. game of scheme the result of which depends wholly or chiefly upon chance or hazard. shall be 4.3. 197. shall be imposed degree shall be imposed upon the upon any person who except during the period 1.The penalty of arresto arresto mayor or a fine ranging from two hundred or six mayor in its maximum period to prision correccional in thousand pesos. 2. ART. shall be imposed upon: its minimum period or a fine ranging from 200 to 2. 1. any boxing or carried on therein. imposed upon any person who. determine by chance the loser or winner of shall be punished by arresto menor. conductor. or Any person who shall knowingly and with intent to use 1. uninhabited place of any 2. any person who shall bet money or any object or 2. Illegal betting on horse race. shall be on horse races. which pertain to or are in any manner used in GAMBLING AND BETTING the game of jueteng or any similar game which has taken place or about to take place. paper or CRIMES AGAINST PUBLIC MORALS other matter containing letters. policy. figures. If the place where gambling is carried on article of value or representative of value has the reputation of a gambling place or 2. 1. shall be 1.2. .1. What acts are punishable in gambling. in any manner shall directly.1.3.2.1. any similar game. in its maximum period. in connivance with the importer.The penalty of 2. Any person other than those referred to in imposed upon subsections (b) and (c) who. or 2.3. banker in a game of jueteng or from 200 to 2. in the exploitation or use of any other 2. in the discretion of the value. under the same circumstances. any other form of lottery. or any other distribute the same. the penalty of tickets or advertisements. or both. building.1. or both. other means of transportation shall be imposed upon owned or controlled by him. or indirectly Islands from any foreign place or port any take part in any game of monte. 2. shall maintain or employ a (c) The penalty of prision correccional in its medium totalizer or other device or scheme for betting on degree shall be imposed upon horse races or realizing any profit therefrom. Betting in sports contests. other sports contests. . ART. dog races. vessel or arresto menor or a fine not exceeding 200 pesos.2. Any person who shall knowingly permit any form of gambling referred to in the preceding The possession of any lottery ticket or advertisement subdivision to be carried on in any shall be prima facie evidence of an intent to sell. banking.000 pesos. or a fine not money or any object or representative of exceeding 200 pesos. 2.2. 1. The penalty of arresto mayor or a fine ranging 3. any person who shall. . wherein wagers consisting of money. 198. 196. have in his possession any lottery list. or both. have in his possession lottery tickets or are made. or 1. them. or both. – 1.2. 2. 195.000 pesos. the culprit shall be 2. The penalty of arresto menor or a fine not (b) The penalty of prision correccional in its maximum exceeding 200 pesos. or 2. punished by the penalty provided for in this ART. ART. upon the result of that prohibited gambling is frequently 2. or advertisements. and. unhabited or distribute or use the same in the Philippine Islands. maintainer. articles of value or representative of value 1. or both. court. shall sell or percentage game. jueteng or lottery ticket or advertisement or. in case of recidivism.2. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 Title Six 2. 2. Importation. in the discretion of the court. signs or symbols Chapter One 3.2.

It is not necessary that someone must have seen offensive to morals. customs and decency because they performed their 157 Repealed by PD No. 449. based on this element it means a licensed cockpit. the Cockfighting Law of 1974 235 . cockfights at which bets are made. . The husband and the wife went to Luneta and the husband and the wife mingled with the people. If the highly scandalous act ART. For the crime to arise. public place within public knowledge or public view. shall offend against felony committed and not grave scandal. The said act or acts does not constitute a violation performed the highly scandalous act in a public place. the people were gone X and Y as a couple engaged in sexual congress there at Luneta Park.The penalties of arresto performed by the offender falls under any other mayor and public censure shall be imposed upon any provision of the RPC then that should be the person who appropriate charge. if the same be committed by any partnership. good customs or decency. at a place other than of the RPC therefore. if they have consented to or knowingly presumes someone has witnessed the crime or tolerated its commission.The penalty of But if the highly scandalous act was committed in a arresto menor or a fine not exceeding 200 pesos. 200. when no other 1. by betting money or witnessed the commission of the highly scandalous other valuable things. shall be deemed to be principals in the place. 199. Chapter Two Grave Scandal is a crime of last resort because you can OFFENSES AGAINST DECENCY AND only file a case of grave scandal if the highly scandalous GOOD CUSTOMS act performed by the offender would not constitute any other violation of the RPC. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 For the purposes of this article The first element requires that offender performs an 1. and being public.1. decency or can only be filed when no other case. that should be the appropriate 1. The place being public. Any person who directly or indirectly highly scandalous shall not fall under any other articles participates in cockfights. by any highly scandalous conduct act so this is a crime of last resort. shall be held punishable as a separate offense. the president and the directors or managers thereof If the highly scandalous act is committed in a public 2. good customs violation would constitute the performance of the said 2. 3. it was already 11:30. scandalous act. for the crime to arise it is 1. Any person who directly or indirectly necessary that the person or persons had/have participates in cockfights. the crime will immediately arise upon the offense performance of the act. Illegal cockfighting157. good or public view. It of any other provision of the RPC. good customs and decency is committed husband and wife have the right to engage in sexual either in a public place or within public knowledge congress but their acts become offensive to morals.1.2. The place being private. ART. good customs and decency. The highly 2. or who organizes crime otherwise it would not be considered as a felony. It suffices that they 2. 2. Grave Scandal 1. upon realizing that all public place or within public knowledge or public view. the law 2. on a day other than those permitted by law. The third element requires and for the place where it shall be committed. Grave scandal. that Grave Scandal is a crime of last resort. the commission of the crime. private place. scandalous/offensive acts may be committed either in a corporation or association. or both.3. they Grave Scandal is a highly scandalous act offensive to went to see the places there and when it was already morals and good customs and decency committed in a nighttime. it is necessary that in the discretion of the court. not expressly falling within any other article of this Code. The offender performs an act or acts which are Yes. any race held in the same day at the same place act. The said act or acts which are highly offensive to witnessed the commission of the act. . shall be imposed upon: someone must have witnessed the commission of the act. Are they liable ELEMENTS for Grave Scandal? 1. the law presumes that someone may have 3. The second element requires that the act which is 2. X and Y as morals.2. and these acts must be highly offensive to morals.

What kind of crime is live or in film. tend to abet traffic in and use of prohibited Why is there no grave scandal? drugs. in theaters. a. b. sculpture or literature Luneta Park. only the man 2. establishment selling the same shall be the one criminally liable. the owners/operators of the establishment scandal. or both such imprisonment and fine. fairs.2. give away or exhibit films. theaters. the second element is absent. doctrines openly contrary to public morals. exhibitions and indecent shows. Selling. published with their knowledge in any form. are contrary to law. 960 and 969 236 . 201? element is absent because the act of the man of having The author. indecent or immoral 25 years old. Those who shall 1. They all Art. they view the place. revised penal code of Article 266-A Here. shall include those which boyfriend? i. because the act that performed falls 1. acts or shows. offenders perform a highly scandalous act and the third and good customs. Publication of obscene literature wherein the will be held liable not of grave scandal but of statutory author. i. The second materials. 201. What about the second element? pictures of men and women engaged in sexual The second element which requires that the act must intercourse.1. there is no need for a person to witness which are offensive to morals158. They went to Luneta plays. lust or pornography. the girl and the immoral plays. iii. whether man. iv. the girl was 11 years old. the authors of obscene literature. . Who may be charged of violation of Art. or acts in fairs. and then thereafter when all that the obscene literature or indecent or the persons were already gone. the publisher. it being understood Park. Under Therefore the said man is liable for statutory rape. The act that X and Y performed would be highly scandalous 3. public order. because they had sexual congress. publicly expound or proclaim 1. giving away or exhibiting engravings. the following acts are said to be punished: grave scandal. as well as the owner of the sexual congress with a girl under 12 years of age. place within public knowledge or public view. These magazines contain nude are present. serve no other purpose but to satisfy the not for grave scandal but of statutory rape under Article market for violence. exhibit. 4. may be held criminally liable under Article 201. Those who shall sell. glorify criminals or condone crimes. cinematographs or A girl and a man. scenes. 266 constitutes the crime of statutory rape. which are prescribed by virtue committed by the said girlfriend and by the said hereof. giving rise to grave iii. Those who. But the man is liable ii. under place where these magazines were being sold.The penalty of prision shows. decrees and edicts. 2. morals. scenes. Public proclamation of doctrines contrary to public under a provision under another provision and that is morals. and thousand pesos. Immoral doctrines. or any other places. selling the same. X and Y. offend any race or religion. and 158 As amended by PD Nos. engaged in sexual congress. or literature which are contrary to public morals 1. the man was any other place. mayor or a fine ranging from six thousand to twelve cinematographs. The girl is not liable of any crime. The police officers armed with a police not constitute or must not fall in any other provision of warrant raided the said place and confiscated all these the RPC. acts or shows. And the place being prints. the commission of the crime. ii. element requires that it be performed either in a public lawful orders. engravings. 266 of the RPC. and The first element of grave scandal requires that the v. not Article 201. ART. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 sexual congress in a public place. publisher and the owner of the rape. obscene publications and 3. the editors publishing such literature. scenes. shall be imposed upon: sculptures. Along the University Belt there was this store and this So both the first and second element of grave scandal store sells magazines. established policies. Exhibition of obscene or immoral or indecent plays. They are lovers.

Penalty. No. So now Art 202 as amended only 2. shall 3. 2. And under RA No. for money or profit.000 pesos. for money or profit. 10158. 202 have already been amended by RA No. 2012. for money or for profit shall engage in sexual Any person found guilty of any of the offenses covered intercourse or lascivious conduct. CRIMINAL LAW REVIEWER John Ree Esquivel-Doctor |2016 ART 202. 10158 “An Act Decriminalizing Vagrancy”. healthy. As Amended. are deemed to be prostitutes.1. X is a graduate of a four-year course. by this article shall be punished by arresto menor or a fine not exceeding 200 pesos. ART. in the discretion of the court. and he has the capacity to apply for work and to have a decent job but he would not find work. Can X be charged for vagrancy under Art. 202. by RA. engage in sexual intercourse or lascivious conduct. Vagrants and prostitutes. not being included in the provisions of other articles of this Code. Any person having no apparent means of subsistence. habitually indulge in 3. Any person found loitering about public or semi- public buildings or places or trampling or wandering about the country or the streets without visible means of support. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose.A.The following are vagrants: 1.159 – For the purposes of vagrancy. 202 because vagrancy have already been decriminalized. habitually indulge in sexual intercourse or lascivious conduct. women who. 10158 we no longer have the crime of 159 As amended by R. by arresto mayor in its medium period to prision correctional in its minimum period or a fine ranging from 200 to 2. 3. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos. ruffians or pimps and those who habitually associate with prostitutes. for money or profit. 4.2. 3. What only remains is prostitution. Approved March 27. And these women. 10158. sexual intercourse or Prostitutes are women who. So this article. So are deemed to be prostitutes. 5. prostitution refers exclusively to women. by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2. in the discretion of the court. Prostitutes. 202? X cannot be charged for vagrancy under Art. Art. 237 .000 pesos. 3815. lascivious conduct. Penalty. punishes prostitution. or both. Amending For This Purpose Article 202 Of Act No. For the purposes of this article women who. He just roam around and saw houses of prostitutes. or both. and in case of recidivism. who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. Any idle or dissolute person who ledges in houses of ill fame. Any person who. and in case of recidivism. vagrancy as a crime as a felony have been decriminalize 1. Prostitutes. . Otherwise Known As The Revised Penal Code.