Crimes Against National Security

Article 122
PIRACY

• 2 Ways of Committing Piracy

1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
2. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers

• Elements:

1. That a vessel is on the high seas/Philippine waters

2. That the offenders are not members of its complement or passengers of the vessel
3. That the offenders –
1. attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy but robbery in the high seas)
2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers

• High seas: any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a
foreign gov’t
• PD 532 has been already repealed
• Piracy in high seas – jurisdiction is with any court where offenders are found or arrested
• Piracy in internal waters – jurisdiction is only with Philippine courts
• For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy Mutiny

Robbery or forcible degradation on the high seas, without Unlawful resistance to a superior officer, or the raising of commotion
lawful authority and done with animo furandi and in the spirit and disturbances on board a ship against the authority of its
and intention of universal hostility. commander
Intent to gain is an element.
Attack from outside. Offenders are strangers to the vessel. (this Attack from the inside.
is the standing rule with the repeal of PD 532 which made it
possible for any person to commit piracy including a passenger
or complement of the vessel).

Article 123

QUALIFIED PIRACY

• CIRCUMSTANCES:

1. Whenever they have seized a vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may result to qualified mutiny)

• Parricide/infanticide should be included (Judge Pimentel)

• Note the new rape law. Death is imposed in certain types of rape
• There is a conflict between this provision and the provision on rape. Ex. If rape is committed on someone below 7 – death under the new rape law. But if rape
committed on someone below 7 during the time of piracy – RP to death. Irreconcilable.
• Murder/rape/homicide/physical injuries must have been committed on the passengers or complement

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Classes of Arbitrary Detention:

1. By detaining a person without legal ground

2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release
Article 124

ARBITRARY DETENTION

• ELEMENTS:

1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace
and order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be committed if with warrant).

• Detention: when a person is placed in confinement or there is a restraint on his person.

• Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable.
• Legal grounds for the detention of any person:
• Without legal grounds:
• Know grounds for warrantless arrest:
• For escaped prisoner – no need for warrant
• Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)

• Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the officers that he did it although he was not asked. X
was detained immediately. According to the SC, there was NO arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest
him.
• Continuing crime is different from a continuous crime
• Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and have not been punished or amnestied, then the rebels
continue to engage in rebellion, unless the rebels renounce his affiliation. Arrest can be made without a warrant because this is a continuing crime.

1. commission of a crime
2. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

1. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime
2. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

1. Crime is about to be, is being, has been committed

2. Officer must have reasonable knowledge that the person probably committed the crime

Article 125

DELAY IN THE DELIVERY OF DETAINED PERSONS

• ELEMENTS:

1. That the offender is a public officer or employee

2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial authority within:

1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent

2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent

• Really means delay in filing necessary information or charging of person detained in court. May be waived if a preliminary investigation is asked for.
• Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied with upon the filing of the complaint with the judicial
authority (courts, prosecutors – though technically not a judicial authority, for purposes of this article, he’s considered as one.)
• The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the
court.
• To escape from this, officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Such waiver is not violative of
the accused constitutional right.
• What is length of waiver? Light offense – 5 days. Serious and less serious offenses – 7 to 10 days. (Judge Pimentel)
• Article does not apply when arrest is via a warrant of arrest
• If offender is a private person, crime is illegal detention

Arbitrary Detention (124) Delay in Delivery of Detained (125)

Detention is illegal from the beginning. Detention is legal in the beginning, but illegality starts from the
expiration of the specified periods without the persons detained having
been delivered to the proper judicial authority.
Article 126
DELAYING RELEASE

ELEMENTS:

1. That the offender is a public officer or employee

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

• Three acts are punishable:

• Wardens and jailers are the persons most likely to violate this provision
• Provision does not include legislation

1. delaying the performance of a judicial or executive order for the release of a prisoner
2. delaying the service of notice of such order to said prisoner
3. delaying the proceedings upon any petition for the liberation of such person

Article 127
EXPULSION

ELEMENTS:

1. That the offender is a public officer or employee

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

• 2 acts punishable:

1. by expelling a person from the Philippines

2. by compelling a person to change his residence

(The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion)

i.e.,Villavicencio v. Lukban: prostitutes’ case

• Does not include undesirable aliens; destierro; or when sent to prison

• If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing him to change his address here
• Threat to national security is not a ground to expel or change his address.

Article 128
VIOLATION OF DOMICILE

ELEMENTS:

1. That the offender is a public officer or employee

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

• Aggravating Circumstance (medium and maximum of penalty imposed):

• If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280)
• When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense, the crime
committed by the public officer is grave coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art
287)
• A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is
having unlawful possession of opium
• 3 acts punishable:
• “Being authorized by law” – means with search warrant, save himself or do some things good for humanity
• There must be expression that entry is denied or that he is asked to leave
 • Papers and effects need not be part of a crime.

1. offense committed at nighttime

2. papers or effects not constituting evidence of a crime be not returned immediately

1. person enters dwelling w/o consent or against the will

2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being asked to

Article 129

SEARCH WARRANTS MALICIOUSLY OBTAINED

ELEMENTS:

1. That the offender is a public officer or employee

2. That he procures a search warrant
3. That there is no just cause

ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH
WARRANT LEGALLY PROCURED

ELEMENTS:

1. That the offender is a public officer or employee

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

• Search warrant is valid for 10 days from its date

• Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a public officer, commanding him to search for
personal property described therein and bring it before the court
• No just cause – warrant is unjustified
• Search – limited to what is described in the warrant, all details must be with particularity
• Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
• Abuse examples:

1. X owner was handcuffed while search was going-on.

2. Tank was used to ram gate prior to announcement that a search will be made
3. Persons who were not respondents were searched

Article 130

• ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:

1. That the offender is a public officer or employee

2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other belongings of any person
4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present

• Order of those who must witness the search:

• Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. Latter is preferred for objective determination.

1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced by the searching party)

Article 132

INTERRUPTION OF RELIGIOUS WORSHIP

• ELEMENTS:

1. That the officer is a public officer or employee

 2. That religious ceremonies or manifestations of any religion are about to take place or are going on
3. That the offender prevents or disturbs the same

• Circumstance qualifying the offense: if committed with violence or threats

• Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But
if done in a private home, it’s a religious service
• Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage
• X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Is X liable? X may be liable under Art
133 because X is a private person.
• When priest is solemnizing marriage, he is a person in authority, although in other cases, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS

• ELEMENTS:

1. That the acts complained of were performed –

1. in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is material)
2. during the celebration of any religious ceremony

2. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet

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

CRIME Nature of Crime Who are Liable If Element Missing

Prohibition, Interruption and
Dissolution of Peaceful
Meeting (131)
Interruption of Religious
Worship (132)
Crime against the fundamental
law of the state
Crime against the fundamental
law of the state
Public officers, Outsiders If not by public officer = tumults
Public officers, Outsiders If by insider = unjust vexation
If not religious = tumult or alarms

If not notoriously offensive = unjust

vexation

Offending the Religious Crime against public order Public officers, private If not tumults = alarms and scandal
Feeling (133) persons, outsiders
If meeting illegal at onset = inciting to
sedition or rebellion

CRIMES AGAINST PUBLIC ORDER

Article 134
REBELLION OR INSURRECTION

• ELEMENTS:
 1. That there be –

1. public uprising and

2. taking arms against the government (force/violence)

2. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

1. i. the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

• Persons liable for rebellion

1. Any person who:

1. promotes

2. maintains, or

3. heads a rebellion or insurrection; or

2. Any person who, while holding any public office or employment, takes part therein by:

1. engaging in war against the forces of the government

2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation
absorbed in rebellion);
4. Any person merely participating or executing the command of others in rebellion

• Success is immaterial, purpose is always political

• Rebellion used where the object of the movement is completely to overthrow and supersede the existing government
• Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to
particular matters or subjects
• Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t
• Purpose of the uprising must be shown but it is not necessary that it be accomplished
• A change of government w/o external participation
• RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. If there is no public uprising, the crime is of direct assault.
• Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be ACTUAL participation
• Not necessary that there is killing, mere threat of removing Phil is sufficient
• Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion.
Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such
• A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance
of rebellion cannot be complexed
• If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be
embraced by rebellion (People v. Fernando)
• Read People v. Hernandez and Enrile v. Salazar
• Person deemed leader of rebellion in case he is unknown:
• Any person who in fact:

1. directed the others

2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A

COUP D E’TAT

• ELEMENTS:

1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
 5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of power
7. Singly or simultaneously carried out anywhere in the Philippines
1. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support
or participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power

• Crime may be committed by a single person, any government employee and even by civilian
• Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy or stealth

Treason (114) Rebellion (134) Coup d’etat (134-A) Sedition (139)

Crime against National Crime against Public Order Crime against Public Crime against Public Order
Nature of Crime Security Order
levying war against the gov’t; Public uprising See article. Rising publicly or tumultuously
Overt Acts (caused by more than 3 armed
men or provided with means of
OR AND
violence)

adherence and giving aid or Taking up arms against the

comfort to enemies gov’t

Purpose of Deliver the gov’t to enemy See article. Seizing or diminishing See enumeration in article.
objective during war state power.

Article 139

SEDITION

• ELEMENTS:

1. That the offenders rise –

1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any popular election
4. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the
execution of any administrative order
5. to inflict any act or hate or revenge upon the person or property of any public officer or employee
6. to commit for any political or social end, any act of hate or revenge against private persons or any social class (hence, even private persons may be offended
parties)
7. to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof

2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:

• Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently
engenders it.
• Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that uprising is tumultuous. In rebellion – there must be taking up of
arms against the government.
• Sedition – purpose may be either political or social. In rebellion – always political
• Tumultuous – caused by more than 3 persons who are armed or provided with means of violence
• Preventing public officers from freely exercising their functions
• In sedition – offender may be a private or public person (Ex. Soldier)
• Public uprising and the object of sedition must concur
• Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case were independent of each other.
• Preventing election through legal means – NOT sedition
• But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition
• Persons liable for sedition:

1. leader of the sedition, and

2. other persons participating in the sedition
Article 146

ILLEGAL ASSEMBLIES

• Two (2) Types of illegal assemblies:

a. Meeting of the first form

1. Meeting, gathering or group of persons whether in a fixed place or moving

2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons

b. Meeting of the second form

1. Meeting, gathering or group of persons whether in a fixed place or moving

2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

• Not all the persons present at the meeting of the first form of illegal assembly must be armed
• Persons liable for illegal assembly
• Responsibility of persons merely present at the meeting
• Presumptions if person present at the meeting carries an unlicensed firearm:

1. the organizers or leaders of the meeting

2. persons merely present at the meeting (except when presence is out of curiosity – not liable)

1. if they are not armed, penalty is arresto mayor

2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional

1. purpose of the meeting is to commit acts punishable under the RPC

2. considered as leader or organizer of the meeting

Article 147

ILLEGAL ASSOCIATIONS

• ELEMENTS:
• Persons liable:

1. Organized totally or partially for the purpose of committing any of the crimes in RPC
2. Or for some purpose contrary to public morals

1. founders, directors and president of the association

2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

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

Article 148

DIRECT ASSAULT

• ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT

1. That the offender employs force or intimidation.

2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in
authority)
3. That there is no public uprising.
 • ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

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

• Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence
is absorbed
• Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious
character
• The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands)
• The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun)

Force Employed Intimidation/Resistance

Person in Authority Need not be serious Serious

Agent Must be of serious character Serious

• Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of
some court or governmental corporation, board or commission
• A barangay captain is a person in authority, so is a Division Superintendent of schools, President of Sanitary Division and a teacher
• Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the
protection and security of life and property. (Example. Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
• Even when the person in authority or the agent agrees to fight, still direct assault.
• When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance
nor for physical injuries, because he acts in legitimate self-defense
• There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties.
• When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked
• Circumstances qualifying the offense (Qualified Assault):
• Complex crime of direct assault with homicide or murder, or with serious physical injuries.
• Direct assault cannot be committed during rebellion.

1. when the assault is committed with a weapon

2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in authority

Article 149

INDIRECT ASSAULT

• ELEMENTS:

1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

• Indirect assault can be committed only when a direct assault is also committed
• To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of
the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack.

Article 151

RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)

• ELEMENTS:

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

• ELEMENTS:

1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Direct Assault (148) Resistant and Disobedience to a Person in Authority or Agents of

such Person (151)

PIA or his agent must be engaged in the performance of official PIA or his agent must be in the actual performance of his duties.
duties or that he is assaulted
Direct assault is committed in 4 ways – by attacking, employing Committed by resisting or seriously disobeying a PIA or his agent.
force, and seriously resisting a PIA or his agent.
Use of force against an agent of PIA must be serious and Use of force against an agent of a PIA is not so serious; no manifest
deliberate. intention to defy the law and the officers enforcing it.
Article 152

PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

• Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board
or commission.

1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private schools, colleges and universities
6. Lawyers in the actual performance of their professional duties or on the occasion of such performance

• Agent of Person in Authority – any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property.

1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority

• Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong
tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be
designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable
and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority.

Article 155

• TYPES OF ALARMS AND SCANDALS:

1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult).

• Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy
• Firearm must not be pointed at a person, otherwise, it is illegal discharge
• What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other Disturbances (153) Crime against Public Order Private persons, outsider
Alarms and Scandals (155) Crime against Public Order Private persons, outsider
Article 156

• ELEMENTS OF DELIVERING PRISONERS FROM JAILS:

1. That there is a person confined in a jail or penal establishment.

2. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
3. Offender is a private individual

• Prisoner may be detention prisoner or one sentenced by virtue of a final judgment

• A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here
• It may be committed through negligence
• Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery.
• Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise

rticle 157

• ELEMENTS OF EVASION OF SERVICE OF SENTENCE:

1. That the offender is a convict by final judgment.

2. That he is serving his sentence which consists in deprivation of liberty (destierro included)
3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of return immaterial).

• A continuing offense.
• Offenders – not minor delinquents nor detention prisoners
• If escaped within the 15 day appeal period – no evasion
• No applicable to deportation as the sentence
• Flimsy excuse for violating destierro – not acceptable
• Circumstances qualifying the offense (done thru):

1. unlawful entry (by “scaling”)

2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or intimidation
4. connivance with other convicts or employees of the penal institution

Article 160

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)

• ELEMENTS

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

• Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence, or while serving
the same.
• Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special laws
• Reiteracion: offender shall have served out his sentence for the prior offense
• A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent
• If new felony is evasion of sentence – offender is not a quasi-recidivist
• Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible)
• Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)

CRIMES AGAINST PUBLIC INTEREST

Article 168

• ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT:

1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit
not payable to bearer is forged or falsified by another person.
2. That the offender knows that any of those instruments is forged or falsified.
 3. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.

• Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes

Article 169

FORGERY

• How forgery is committed:

• if all acts done but genuine appearance is not given, the crime is frustrated

1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document
2. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein.

Article 171

FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER

• ELEMENTS:

1. That the offender is a public officer, employee, or notary public.

2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.

Requisites:

1. That there be an intent to imitate, or an attempt to imitate

2. That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other

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

1. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.
2. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.

Requisites:

1. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding; and
2. That such person/s did not in fact so participate in the act or proceeding
3. Making untruthful statements in a narration of facts;

Requisites:

1. That the offender makes in a document statements in a narration of facts

2. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person

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

1. Altering true dates. – date must be essential

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

Requisites:

1. That there be an alteration (change) or intercalation (insertion) on a document

2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of the document
4. That the change made the document speak something false.
5. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement
contrary to, or different from, that of the genuine original; (if no knowledge, falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. (genuine document)
7. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.

• There is no crime of attempted or frustrated falsification of public document

 • Persons liable – public officer, employee or notary public or ecclesiastical minister
• If offender does not take advantage of his public position, he may still be liable for falsification of documents by a private person
• Document: any written statement by which a right is established or an obligation is extinguished
• Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article
• Counterfeiting – imitating any handwriting, signature or rubric
• Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact exist

Article 172

FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)

• ELEMENTS

1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position.
2. That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which changes its meaning.
7. That the falsification was committed in any public or official or commercial document.

• Under this paragraph, damage is not essential, it is presumed

• Defense: lack of malice or criminal intent
• The following writings are public:
• Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable instruments
• Cash disbursement vouchers or receipts evidencing payments are not commercial documents
• A mere blank form of an official document is not in itself a document
• The possessor of falsified document is presumed to be the author of the falsification

1. the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive,
whether of the Philippines or of a foreign country.
2. Public records kept in the Philippines.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT

• ELEMENTS :

1. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171.
2. That the falsification was committed in any private document (must affect the truth or integrity of the document)
3. That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of private document) to a third party or at least the
falsification was committed with intent to cause such damage.

• Not necessary that the offender profited or hoped to profit from the falsification
• A document falsified as a necessary means to commit another crime must be public, official or commercial
• There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa
• If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the
falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage.
• A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized
by law
• The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records.

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

• ELEMENTS:

1. Introducing in a judicial proceeding:

1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not necessary)
 4. that the offender knew that a document was falsified by another person.
5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or at least was used with intent to cause such damage.

2. Use in any other transaction

• The user of the falsified document is deemed the author of falsification, if:

1. the use is so closely connected in time with the falsification

2. the user had the capacity of falsifying the document

Falsification of Private Documents Falsification of Public/Official Documents

Prejudice to third party is an element of the offense. Prejudice to third persons is immaterial, what is punished is the violation of
public faith and perversion of truth which the document proclaims.

Article 177

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:

• 2 ways of committing the crime:

1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t.
2. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position, and
without being lawfully entitled to do so.

• In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public
officer.
• In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority
• A public officer may also be an offender
• The act performed without being lawfully entitled to do so must pertain:

1. to the gov’t
2. to any person in authority
3. to any public office

Article 178

USING FICTITIOUS NAME AND CONCEALING TRUE NAME

• ELEMENTS (using fictitious name) :

1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a passport)

• ELEMENTS (concealing true name):

1. that the offender conceals –

2. his true name, and
3. all other personal circumstances.
1. that the purpose is only to conceal his identity.

Use of Fictitious Name (178) Concealing True Name (178)

Element of publicity must be present Publicity not necessary

Purpose is to conceal a crime, to evade the execution of a judgement, or Purpose is to conceal identity
to cause damage
Article 180

• ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:

1. That there be a criminal proceeding.

2. That the offender testifies falsely under oath against the defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is either acquitted or convinced in a final judgment (prescriptive period starts at this point)

• Requires criminal intent, can’t be committed through negligence. Need not impute guilt upon the accused
• The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted
• The witness who gave false testimony is liable even if the court did not consider his testimony
• Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:

• False testimony by negative statement is in favor of the defendant

• False testimony need not in fact benefit the defendant
• A statement of a mere opinion is not punishable
• Conviction or acquittal is not necessary (final judgement is not necessary). The false testimony need not influence the acquittal
• A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this
article. If he merely denies the commission of the offense, he is not liable.
• Basis of penalty: gravity of the felony charged against the defendant

Article 182

• ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:

1. That the testimony must be given in a civil case.

2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing the same to be false.
5. That the testimony must be malicious and given with an intent to affect the issues presented in the said case

• Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
• Basis of penalty: amount involved in the civil case

Article183

ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:

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

• 2 ways of committing perjury:

• Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial proceedings and affidavits
• A false affidavit to a criminal complaint may give rise to perjury
• A matter is material when it is directed to prove a fact in issue
• A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his
jurisdiction
• There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate
• Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient
• Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings
 • False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates
an actual trial where a judgment of conviction or acquittal is rendered
• A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under
circumstances rendering him guilty of perjury.
• The false testimony is not in a judicial proceeding

1. by falsely testifying under oath

2. by making a false statement

CRIMES COMMITTED BY PUBLIC OFFICERS

Article 203

• WHO ARE PUBLIC OFFICERS:

1. Takes part in the performance of public functions in the Government, or

2. Performs public duties as an employee, agent or subordinate official in the gov’t or any of its branches

• Notes:

1. Public officer must derive his authority from:

2. direct provision of law
3. popular election
4. appointment by competent authority
5. Public officers: embraces every public servant from the lowest to the highest rank
6. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer
7. Misfeasance: means improper performance of an act which might be properly be performed
8. Malfeasance: means performance of an act which ought not to be done
9. Nonfeasance: means omission of an act which ought to be done

Article 210

• ELEMENTS OF DIRECT BRIBERY:

1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or present by himself or through another
3. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not necessary) or
2. in consideration of an execution if an act which does not constitute a crime, but the act must be unjust (delivery of consideration is necessary), or
3. to refrain from doing something which is his official duty to do
4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties

• For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer. A private person may commit this
crime only in the case in which custody of prisoners is entrusted to him
• Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties
• Cannot be frustrated, only attempted or consummated.
• Bribery exists when the gift is:
• Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the
gift is liable for attempted corruption of a public officer
• The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or services
• If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime
• The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery
however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion

1. voluntarily offered by a private person

2. solicited by the public officer and voluntarily delivered by the private person
3. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by
giver is not corruption of public officials due to involuntariness).

Bribery (210) Robbery (294)

When the victim has committed a crime and gives When the victim did not commit a crime and he is intimidated with arrest
money/gift to avoid arrest or prosecution. and/or prosecution to deprive him of his personal property.
Victim parts with his money or property voluntarily. Victim is deprived of his money or property by force or intimidation.
ANTI-GRAFT AND CORRUPT PRACTICES ACT
RA 3019

• Persons Liable:

1. Any public officer who shall perform any of the following acts:
2. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business,
transaction, application, request, or contact with the government in which such public official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the Philippines, the vice-president, the president of the
Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t
(Sec. 5).

1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent
authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or
offense.
2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for any other person in connection with any contract
or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law.
3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the
public officer, in any manner of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given
or to be given.
4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency
thereof or within one year after its termination.
5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the
discharge of his official, administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the
purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party.
7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer
profited or will profit thereby.
8. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his
official capacity, or in which he is prohibited by the constitution or by any law from having any interest.
9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or
group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the
board, committee, panel or group.
10. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit,
privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or
releasing such information in advance of its authorized release date.

This prohibition shall not apply to:

1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the gov’t along the same
line of business;
2. Any transaction, contract or application already existing or pending at the time of such assumption of public office;
3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a profession.
5. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business
enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress
during his term.
6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or
before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation
from office (Sec. 7).

II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)

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

III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan (Sec. 10).

IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11).

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

Article 211

• ELEMENTS OF INDIRECT BRIBERY:

1. That the offender is a public officer.

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

• The gift is given in anticipation of future favor from the public officer
• There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer
• There is no attempted or frustrated indirect bribery
• The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of
the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office
• Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under PD 46.
• The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service

Article 211-A

• ELEMENTS OF QUALIFIED BRIBERY

1. Public officer entrusted with law enforcement

2. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death
3. (if lower penalty than stated above, the crime is direct bribery)
4. In consideration of any offer, promise or gift

Article 212

• ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:

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

• The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished
• Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following
circumstances:

1. information refers to consummated violations

2. necessity of the information or testimony
3. the information and testimony are not yet in the possession of the State
4. information and testimony can be corroborated on its material points
5. informant has been previously convicted of a crime involving moral turpitude

• See the Anti-graft and Corrupt Practices Act

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

RA 7080

1. Definition of Ill-gotten wealth:

Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates,
and/or business associates by any combination or series of the following means or similar schemes:

1. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury.
 2. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project or by reason of the office or position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or
government-owned or controlled corporations and their subsidiaries;
4. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation, including the promise of
future employment in any business enterprise or undertaking.
5. By establishing agricultural, industrial or commercial monopolies or other combinations, and/or implementation of decrees and orders intended to benefit
particular persons or special interests;
6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the
damage or prejudice of the Filipino people and the Republic of the Philippines.

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

1. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the Sandiganbayan.

1. Rule of Evidence:

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

1. Prescription of Crime:

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

Article 217

• ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY :

1. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers)
2. That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified theft)
3. That those funds or property were public funds or property (even if private funds if attached, seized, deposited or commingled with public funds)
4. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. (it is not necessary that the
offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed)

• Malversation is otherwise called embezzlement

• It can be committed either with malice or through negligence or imprudence
• In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation
• The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa
• When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation
of the same constitutes malversation
• A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior, he cannot
be held liable under this article
• Private individuals can also be held liable for malversation under 2 circumstances:

1. when they are in conspiracy with public officers; and

2. when they have charge of national, provincial or municipal funds, revenues or property in any capacity

• In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating
fraud or malice
• The measure of negligence to be observed is the standard of care commensurate with the occasion
• When malversation is not committed through negligence, lack of criminal intent or good faith is a defense
• The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that
he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified,
and he immediately pays the amount from his pocket, the presumption does not arise
• Returning the embezzled funds is not exempting, it is only mitigating
 • There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the
missing amount is found in an unaccustomed place
• A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation
• Demand as well as damage to the government are not necessary elements

Malversation (217) Estafa with Abuse of Confidence (315)

Funds or property usually public Funds/property are always private

Offender is usually a public officer who is accountable for the
public funds/property
Crime is committed by approaching, taking, or
misappropriating/consenting, or through abandonment or
negligence, permitting any other person to take the public
funds/property
Offender is a private individual or even a public officer who is not
accountable for public funds/property
Crime is committed by misappropriating, converting, or denying
having received money, goods or other personal property

Article 220

• ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation):

1. That the offender is a public officer.

2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation even if applied to other public purpose).
4. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance.

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

Article 223

• ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION

1. That the offender is a public officer (on duty).

2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape

• Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense
• The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner.
Neither is mere leniency or laxity in the performance of duty constitutive of infidelity
• There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment

Article 224

• ELEMENTS OF EVASION THROUGH NEGLIGENCE:

1. That the offender is a public officer.

2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
3. That such prisoner escapes through his negligence.
4. Penalty based on nature of imprisonment

• The article punishes a definite laxity which amounts to deliberate non-performance of a duty
• The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation
• The liability of an escaping prisoner:

1. if he is a prisoner by final judgment, he is liable for evasion of service (art 157)

2. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender).

Article 225

• ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER :

1. That the offender is a private person (note: must be on duty)

 2. That the conveyance or custody of a prisoner or person under arrest is confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence

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

Article 235

• ELEMENTS OF MALTREATMENT OF PRISONERS:

1. That the offender is a public officer or employee.

2. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries)
3. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either –

• by the imposition of punishments not authorized by the regulations, or

• by inflicting such punishments (those authorized) in a cruel and humiliating manner, or

1. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

• The public officer must have actual charge of the prisoner in order to be held liable
• To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while
• Offender may also be held liable for physical injuries or damage caused

Article 238

• ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :

1. That the offender is a public officer.

2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.

• There must be formal or written resignation

• The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the
crimes against national security. The penalty is higher. This involves the following crimes:

1. treason
2. conspiracy and proposal to commit conspiracy
3. misprision of treason
4. espionage
5. inciting to war or giving motives to reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy country
9. piracy and mutiny on the high seas
10. rebellion
11. conspiracy and proposal to commit rebellion
12. disloyalty to public officers
13. inciting to rebellion
14. sedition
15. conspiracy to commit sedition
16. inciting to sedition

Abandonment of Office or Position (238) Dereliction of Duty (208)

There is actual abandonment through resignation to evade the Public officer does not abandon his office but merely fails to
discharge of duties. prosecute a violation of the law.