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Title XII.

Crimes against the Civil Status of Persons himself to be another and assumes the filiation or the

CHAPTER I: SIMULATION OF BIRTHS AND parental or conjugal rights of such another person.

USURPATION OF CIVIL STATUS CHAPTER II: ILLEGAL MARRIAGES


ARTICLE 347 - SIMULATION OF BIRTHS, ARTICLE 349 – BIGAMY
SUBSTITUTION OF ONE CHILD FOR ANOTHER,
Elements:
AND CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD (1) Offender has been legally married; 


Mode 1. Simulation of births; (2) The marriage has not been legally dissolved or, 
 in
case his or her spouse is absent, the absent spouse
Mode2. Substitution of one child for another;
could not yet be presumed dead according to the Civil
Mode 3. Concealing or abandoning any legitimate child
Code; 

with intent to cause such child to lose its civil status.
(3) He contracts a second or subsequent marriage; 


Notes: (4) The second or subsequent marriage has all the



 essential requisites for validity. 

Simulation of birth
ARTICLE 350 - MARRIAGE CONTRACTED AGAINST
Takes place when the woman pretends to be pregnant
PROVISIONS OF LAWS
when in fact she is not, and on the day of the supposed
Elements:
delivery, takes the child of another as her own.
(1) Offender contracted marriage; (2) He knew at the
Substitution of one child for another

time that–
This is committed when a child of a couple is
(a) The requirements of the law were not complied with;
exchanged with a child of another couple without the
or
knowledge of the respective parents.
(b) The marriage was in disregard of a legal
The substitution can also happen by placing a live child
impediment.
of a woman in place of another’s dead child.
ARTICLE 351 - PREMATURE MARRIAGE
Concealing or abandoning any legitimate child
Persons liable:
Requisites:
(1) A widow who is married within 301 days from the

 (1) The child must be legitimate

date of the death of her husband, or before having
(2) The offender conceals or abandons such child; and
delivered if she is pregnant at the time of his death; 


 (3) The offender has the intent to cause such child to
(2) A woman who, her marriage having been annulled
lose its civil status.
or dissolved, married before her delivery or before the
expiration of the period of 301 days after the date of the
ART 347 ART 246 legal separation. 

Offender: Any person Offender: The one who ARTICLE 352 - PERFORMANCE OF ILLEGAL

has the custody of the MARRIAGE CEREMONY

child PERSONS LIABLE:

Purpose: To cause the Purpose: To avoid (1) Priests or ministers of any religious denomination or

child to lose his civil obligation of rearing and sect, or civil authorities 


status. caring for the child. (2) who shall perform or authorize any illegal marriage
ceremony 


ARTICLE 348 - USURPATION OF CIVIL STATUS

This crime is committed when a person represents Title XIII. Crimes against Honor
ARTICLE 353 - DEFINITION OF LIBEL
Elements: . (1) A private communication to an officer or a board,

(1) There must be an imputation of– (a) a crime, or superior, having some interest or duty in

(b) a vice or defect, real or imaginary, OR the matter, made by any person in the

 performance of any legal, moral or social

 (c) any act, omission, condition, status, or
duty; 

circumstance;
(2) A fair and true report, made in good faith, 

(2) The imputation must be made publicly; 

without any comments or remarks, of
(3) It must be malicious; 


 (a) any judicial, legislative or other official
(4) The imputation must be directed at a natural or
proceedings which are not of confidential nature,

 juridical person, or one who is dead. 

OR
Defamation is composed of:

. (b) any statement, reportor speech delivered in
(1) Libel – written defamation

 said proceedings, OR 

(2) Slander-oral defamation
. (c) any other act performed by public officers in
(3) Slander by deed – defamation through acts 
 the exercise of their functions. 

Test of the defamatory character of words used: Defamatory remarks are PRESUMED malicious. The
Whether they are calculated to induce the hearers to presumption of malice is REBUTTED, if it is shown
suppose and understand that the person against whom by the accused that – (see discussion of Art. 361)
they (i.e. the defamatory words) were uttered was guilty 
 (1) The defamatory imputation is true, IN CASE the
of certain offenses; OR are sufficient to impeach his law allows proof of the truth of the imputation;
honesty, virtue or reputation, or to hold him up to public
(2) It is published with good intention; AND
ridicule.

 (3) There is justifiable motive for making it
Malice in fact – may be shown by proof of ill-will,
Privileged communication is NOT PRESUMED
hatred or purpose to injure.
malicious.
Malice in law – presumed from a defamatory
Kinds of Privilege:
imputation. Proof of malice is not required. (Art.
Absolute Qualified
354, par.1)
NOT actionable. Narrow Actionable IF
 Bad faith is
But where the communication is privileged, malice
and few:
 (1) Privileged proven (malice in Fact)
is not presumed from the defamatory words.
speeches in Based on par 1 and 2 of
It is essential that the victim be identifiable,
congress
 (2) Statements Art 354, although the list
although it is not necessary that he be named.
made in is not exclusive
Defamatory remarks directed at a group of persons
judicial proceedings as
is not actionable unless the statements are all-
long as they are relevant
embracing or sufficiently specific for the victim to
to the issue
be identifiable.
(3) Military affairs
Libel published in different places may be taken
together to establish the identification of the
offended party.
ARTICLE 354 - REQUIREMENT FOR PUBLICITY

General rule: MALICE IS PRESUMED in every Malice in Fact Malice in Law


defamatory imputation.
Presumed 
 defamatory To be proved by
Exception: in privileged communications, namely: character of statement prosecution ONLY IF
malice in law has been of public interest are privileged and constitute a valid
rebutted defense in an action for libel or slander.
ARTICLE 355 - LIBEL BY WRITING OR SIMILAR
MEANS
Statement is presented to Can be
 evidence of:

Libel may be committed by means of:
court, and the latter will (1) Good motives AND
decide whether it is (1) Writing;

Justifiable ends; or

defamatory or not (2) Printing;
(2) Privileged character

 (3) Lithography;


 (4) Engraving;

Requisites of privileged communication under par. 
 (5) Radio;

1 of art. 354:
 
 (6) Photograph;

(1) That the person who made the communication had 
 (7) Painting;
a legal, moral or social duty to make the 
 (8) Theatrical exhibition;

communication, or, at least, he had an interest to be
(9)Cinematographic exhibition;
upheld;
or

(2) That the communication is addressed to an officer
(10) Any similar means. (e.g. video broadcast)
or board, or superior, having some interest or duty in
Common characteristic of written libel: their permanent
the matter.
nature as a means of publication.
(3) The the statements in the communication are made
Use of amplifier system is not libel but oral defamation
in good faith without malice in fact.
(slander). But the defamation made in the television
That the statement is a privileged communication is a
program is libel.
matter of defense.
ARTICLE 356 - THREATENING TO PUBLISH AND
To overcome the defense of privileged communication OFFER TO PREVENT SUCH PUBLICATION FOR A
under par. 1 of art. 354, it must be shown that: COMPENSATION

1) The defendant acted with malice in fact; or Acts Punished:


 2) There is no reasonable ground for believing (1) Threatening another to publish a libel concerning –
the charge to be true. him, his parents, spouse, child or other members of his

Fair and true report of official proceedings
 Official family 


proceedings refer to proceedings of the 3 branches of (2) Offering to prevent the publication of such libel for
the government: judiciary, legislative, and executive. compensation or money consideration.

Requisites: ARTICLE 357 - PROHIBITED PUBLICATION OF ACTS


REFERRED TO IN THE COURSE OF OFFICIAL

 (1) That it is a fair and true report of a judicial,
PROCEEDINGS (GAG LAW)
legislative, or other official proceedings which are not
Elements:
confidential in nature, or of a statement, report, or
speech delivered in said proceedings, or of any other (1) Offender is a reporter, editor or manager of a

act performed by a public officer in the exercise of his newspaper, daily or magazine; 


functions. (2) He publishes facts connected with the private life of

(2) That it is made in good faith; and another; 



 (3) That it is without comments or remarks (3) Such facts are offensive to the honor, virtue and
reputation of said person. 

Doctrine of fair comment: Fair commentaries on matters
Requisites of violation: deed.

(1) That the article published contains facts connected Slander by deed and acts of lasciviousness –
with the private life of an individual; and distinguished by presence of lewd designs. If such is

(2) That such facts are offensive to the honor, virtue present, it is an act of lasciviousness.

and reputation of said person. Slander by deed and maltreatment – the nature and
ARTICLE 358 - SLANDER effect of maltreatment determines the crime committed.

Slander, or oral defamation is composed of two kinds: If the offended party suffered from shame or humiliation
caused by the maltreatment, it is slander by deed.
(1) Simple slander


 (2) Grave slander Slander by deed and unjust vexation – If it merely


annoys and irritates, without any other concurring
Factors that determine the gravity of the oral
factor, it is unjust vexation. If the irritation or annoyance
defamation:
was attended by publicity and dishonor, it is slander by
(1) Expressions used 

deed.
(2) Personal relations of the accused and the
ARTICLE 360 - PERSONS RESPONSIBLE FOR

 offended party. 
 LIBEL
(3) The surrounding circumstances. 
 (1) The person who publishes, exhibits or causes the
ARTICLE 359 - SLANDER BY DEED publication or exhibition of any defamation in writing or
Elements: similar means. 


(1) Offender performs any act not included in any other (2) The author or editor of a book or pamphlet. 

crime against honor; 
 (3) The editor or business manager of a daily
(2) Such act is performed in the presence of other 
 newspaper magazine or serial publication. 

person or persons; 
 (4) The owner of the printing plant which publishes a
(3) Such act casts dishonor, discredit or contempt 
 libelous article with his consent and all other persons
upon the offended party. who in any way participate in or have connection with
Slander by deed is a crime against honor which is its 
 publication. 


committed by performing any act which casts dishonor, Where to file the criminal action? It depends on
discredit, or contempt upon another person. who the offended party is.
Slander by deed is of two kinds If he is a public officer, the criminal action can only

(1) Simple slander by deed be instituted in either:

(2) Grave slander by deed (1) RTC of the province or city where the libelous

There is no fixed standard in determining whether a 
 article is printed and first published, OR 


slander is serious or not; hence the courts have (2) RTC of the province or city where he held office 
 at
sufficient discretion to determine the same, basing the the time of the commission of the offense 

finding on the attendant circumstances and matters If he is a private person, the criminal action may be
relevant thereto. brought in:

Slapping the face of another is slander by deed if the (1) RTC of the province or city where the libelous
intention of the accused is to cause shame or 
 article is printed and first published, OR 

humiliation. (2) RTC of the province or city where he actually
Fighting the offended party with intention to insult him is resided at the time of the commission of the 
 offense 

slander by deed. Civil and criminal action must be filed with the same
Pointing a dirty finger constitutes simple slander by court.
ARTICLE 361 - PROOF OF TRUTH the source of offender made offender made
When admissible? the defamatory the utterance, the utterance,

(1) When the act or omission imputed constitutes a utterance is where the by which he

crime regardless of whether the offended party is a unknown and source of the directly

private individual or a public officer. 
 the offender defamatory incriminates or

(2) When the offended party is a Government simply repeats nature of the imputes to an

employee, even if the imputation does not constitute a or passes the utterance is innocent person

crime, provided it is related to the discharge of his same to blemish known, and the commission

official duties. 
 the honor offender makes of a crim


reputation a republication
Rule of actual malice:
another thereof
Even if the defamatory statement is false, NO liability
can attach IF it relates to official conduct, UNLESS the
public official concerned proves that the statement was
made with actual malice, i.e., with knowledge that it was
false or with reckless disregard of WON it was false. Incriminating Perjury by Defamation

ARTICLE 362 - LIBELOUS REMARKS Innocent making False


Person Accusations
(1) Libelous remarks or comments 


(2) connected with the matter privileged under the Act of planting Giving of false Public and


 provisions of Art. 354, 
 evidence and statement under malicious


the link in order oath or making imputation
(3) if made with malice, 

to incriminate an a false affidavit, calculated to
(4) shall NOT exempt the author thereof nor the
innocent person imputing o the cause dishonor,

 editor or managing editor of a newspaper from
person the discredit, or
criminal liability. 

commission of a contempt upon
CHAPTER II: INCRIMINATORY MACHINATIONS
crime the offended
ARTICLE 363 - INCRIMINATING INNOCENT party
PERSON

As far as this crime is concerned, this has been ARTICLE 364 - INTRIGUING AGAINST HONOR
interpreted to be possible only in the so-called planting
(1) Intriguing against honor is referred to as gossiping:
of evidence. If this act is resorted to, to enable officers
the offender, without ascertaining the truth of a
to arrest the subject, the crime is unlawful arrest
defamatory utterance, repeats the same and pass it on
through incriminating innocent persons.
to another, to the damage of the offended party 


(2) This crime is committed by any person who shall


This crime cannot be committed through verbal make any intrigue which has for its principal purpose to
incriminatory statements. blemish the honor or reputation of another person. 


Intriguing Slander Incriminating


Title XIV. Quasi-Offenses
Against Honor Against Person
ARTICLE 365 - IMPRUDENCE AND NEGLIGENCE
Quasi-offenses punished: harm as a result of the course actually pursued? If so, it

(1) Committing through reckless imprudence any act was the duty of the actor to take precautions against its

which, had it been intentional, would constitute a grave mischievous results, and the failure to do so constitutes

or less grave felony or light felony; 
 negligence.

(2) Committing through simple imprudence or Doctrine of last clear chance

negligence an act which would otherwise constitute a 
 The contributory negligence or the party injured will
grave or a less serious felony; 
 not defeat the action is it be shown that the accused

(3) Causing damage to the property of another through might, by exercise of reasonable care and prudence,

reckless imprudence or simple imprudence or have avoided the consequences of the negligence of

negligence; 
 the injured party.

(4) Causing through simple imprudence or negligence Emergency rule


some wrong which, if done maliciously, would have An automobile driver who, by negligence of another and
constituted a light felony. 
 not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid

Reckless Imprudence: collision or injury is not guilty of negligence if he makes


(1) The offender does or fails to do an act 
 such a choice which a person of ordinary prudence
(2) The doing of or the failure to do the act is placed in such situation might make even though he did

 voluntary
(3) It be without malice 
 not make the wisest choice.
(4) Material damage results 

(5) There is inexcusable lack of precaution on the

 part of the offender, taking into consideration:
(a) His employment/occupation 
 Elements involved in medical negligence cases:
(b) Physical condition 
 (D.B.P.I.)
(c) Degree of intelligence 


(d) Other circumstances regarding the (1) Duty 



persons, time and place 
 (2) Breach 

Inexcusable lack of precaution
(3) Injury 


 Factors to be considered in determining (4) Proximate causation 

inexcusable lack of precaution:

1) Employment or occupation


2) Degree of intelligence and physical condition of the Requisites for the application of res ipsa loquitur:
offender; and

(1) The accident was of a kind which does NOT
3) Other circumstances regarding persons, time, and

 ordinarily occur UNLESS someone is negligent; 

place.

(2) The instrumentality or agency which caused the


Simple Imprudence injury was under the exclusive control of the 
 person in
(1) There is lack of precaution on the part of the charge; and 

offender 

(3) The injury suffered must NOT have been due to
(2) The damage impending to be caused is not

 any voluntary action or contribution of the person
immediate or the danger is not clearly manifest. 

injured. 

Test of negligence: Would a prudent man, in the
position of the person to whom negligence, foresee
The prosecution has provided sufficient, clear and
convincing basis for the conclusion that Lourdes (2) Inciting to War or Giving Motives for Reprisals (Art
fell off the bus due to the reckless act of the 118) – This can be committed even if the Philippines is
petitioner. Article 365 of the Revised Penal Code not a participant. 

states that reckless imprudence consists in: (3) Violation of Neutrality (Art. 119) – The Philippines is
not a party to an on-going war. 

(1) voluntarily, but without malice, 


(2) doing or failing to do an act from which 
 ART 114 – TREASON


(3) material damage results 

Treason is a breach of allegiance to a government,
(4) by reason of inexcusable lack of precaution on
committed by a person who owes allegiance to it.

 the part of the person performing or failing to

 perform such act, 

MODE 1: Levying War Elements:
(5) taking into consideration:
(1) The offender is a Filipino or resident alien 

(a) his employment or occupation; 

(2) There is a war in which the Philippines is 
 involved
(b) his degree of intelligence; 


(c) his physical condition; and 

(3) The offender levies war against the government 

(d) other circumstances regarding persons, 
 time and
place. 

MODE 2: Adherence to the Enemy and Giving of Aid
or Comfort
 Elements:
Title I. Crimes against National Security
(1) The offender is a Filipino or resident alien 

Crimes against national security can be tried only in the
(2) There is a war in which the Philippines is involved
Philippines, as there is a need to bring the offender

here before he can be made to suffer the
(3) That the offender adheres to the enemies, giving
consequences of the law.
them aid or comfort 


In the case of crimes against the law of nations, the


Requirements:
offender can be prosecuted whenever he may be found
Levying war requires the concurrence of two
because the crimes are regarded as committed against
things:
humanity in general.
(1) that there must be an actual assembling of 
 men;

Treason by a Filipino citizen can be committed outside
(2) for the purpose of executing a treasonable 
 design
of the Philippines. Treason by an alien must be
by force.
committed in the Philippines.
Adherence and giving aid or comfort to the enemy
must concur. Adherence to the enemy means intent to
General rule: Almost all of these are crimes committed
betray. Aid or comfort means an act which strengthens
in times of war.
or tends to strengthen the enemy in the conduct of war
Exceptions: The following can be committed in times
against the traitor’s country and an act which weakens
of peace:

or tends to weaken the power of the traitor’s country to
(1) Espionage (Art 117) – This is also covered by
resist or to attack the enemy. [Cramer vs. US]
Commonwealth Act No. 616 which punishes conspiracy
to commit espionage.
When the killings and other common crimes are
charged as overt acts of treason, they cannot be (3) Lawful obedience to a de facto Government
regarded: (1) as separate crimes, or (2) as complexed
with treason. ARTICLE 115 - CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
CONSPIRACY TO COMMIT TREASON
Exception: But this rule would not preclude the
Elements:
punishment of murder or other common crimes as
such, if the prosecution should elect to prosecute the (1) There is a war in which the Philippines is involved

culprit specifically for these crimes, instead of relying on 


them as an element of treason. (2) At least two persons come to an agreement to– 


(a) Levy war against the government; or


Two Ways of Proving Treason (b) Adhere to the enemies, giving them aid or comfort


 (1) Testimony of at least two witnesses to the same (3) That person proposes its execution to other
overt act; or 
 persons 


(2) Confession of accused in open court. (4) They decide to commit it 


Adherence may be proved: PROPOSAL TO COMMIT TREASON

(1) By one witness, 
 Elements:

(1) There is a war in which the Philippines is involved


(2) From the nature of the act itself, or 


(3) From the circumstances surrounding the act. 
 (2) At least one person decides to–

(a) Levy war against the government; or


Aggravating Circumstances (b) Adhere to the enemies, giving them aid or comfort


 Cruelty and ignominy are aggravating circumstances General rule: Conspiracy and proposal to commit a

in treason. felony is not punishable under Article 8.

Exception: Under Article 115, mere conspiracy or


proposal to commit treason is punishable. This is
Defense of Suspended Allegiance and change of
because, in treason, the very existence of the state is
sovereignty are not accepted because:

endangered.
(1) A citizen owes an absolute and permanent
allegiance to his Government;
The two-witness rule does not apply to conspiracy or
(2) The sovereignty of the Government is not
proposal to commit treason because this is a separate
transferred to the enemy by mere occupation;
and distinct offense from that of treason.

 (3) The subsistence of the sovereignty of the
legitimate Government in a territory occupied by the
ARTICLE 116 - MISPRISION OF TREASON
military forces of the enemy during the war is one of the
Elements:
rules of International Law; and
(1) Offender owes allegiance to the government, and is
(4) What is suspended is the exercise of the rights of
not a foreigner
sovereignty.
(2) He has knowledge of conspiracy to commit treason
against the government 

Good Defense in Treason:
(3) He conceals or does not disclose and make known
(1) Defense of duress
the same as soon as possible to the governor or fiscal
(2) Uncontrollable fear
of the province in which he resides, or the mayor or MOTIVES FOR REPRISALS
fiscal of the city in which he resides 
 Elements:

(1) Offender performs unlawful or unauthorized acts 



Misprision of treason is a crime that may be committed (2) The acts provoke or give occasion for

only by citizens of the Philippines. It cannot be
(a) A war involving or liable to involve the 
 Philippines;
committed by a resident alien.
or


 (b) Exposure of Filipino citizens to reprisals on 
 their


Article 116 does not apply when the crime of treason is persons or property 

already committed by someone and the accused does The intention of the offender is immaterial. The law
not report its commission to the proper authority.
considers the effects produced by the acts of the
accused.
The offender in misprision of treason is punished as an Acts:
accessory to treason. Note that Article 116 does not 1. The raising, without sufficient authorization, of troops
provide for a penalty. However, the offender is a within the Philippines for the service of a foreign nation
principal in the crime of misprision of treason. against another nation.

2. The public destruction of the flag or seal of a foreign


ARTICLE 117 – ESPIONAGE
state or the public manifestations of hostility to the head
MODE 1: Entering of establishment to obtain or ambassador of another state.
confidential information regarding defense of the
ARTICLE 119 - VIOLATION OF NEUTRALITY
Philippines
Elements:
Elements:
(1) There is a war in which the Philippines is not
(1) That the offender enters a warship, fort, or naval or
involved
military establishment or reservation; 

(2) There is a regulation issued by a competent
(2) That he has no authority therefor; 

authority to enforce neutrality
(3) That his purpose is to obtain information, plans,
(3) Offender violates the regulation

 photographs or other data of a confidential nature
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE
relative to the defense of the Philippines. 

COUNTRY

Elements:
MODE 2: Disclosing by public officer of confidential
(1) It is in time of war in which the Philippines is
information to a foreign representative

 involved 

Elements:
(2) Offender makes correspondence with an enemy
(1) That the offender is a public officer; 


 country or territory occupied by enemy troops 

(2) That he has in his possession the articles, data 
 or
(3) The correspondence is either –
information of a confidential nature relative to the
(a) Prohibited by the government, or 

defense of the Philippines, by reason of the public office
(b) Carried on in ciphers or conventional
he holds; 

signs, 
 or 

That he discloses their contents to a representative of a
(c) Containing notice or information which
foreign nation.

 might be useful to the enemy. 


ARTICLE 121 - FLIGHT TO ENEMY'S COUNTRY


ARTICLE 118 - INCITING TO WAR OR GIVING
Elements:
(1) There is a war in which the Philippines is involved said vessel passengers of vessel

 Intent to gain is essential Intent to gain is not
(2) Offender must be owing allegiance to the essential. The offenders
government 
 may only intend to ignore
(3) Offender attempts to flee or go to enemy country 
 the ship’s officers or they

(4) Going to the enemy country is prohibited by may be prompted by a

compete 
 desire to commit plunder.

ARTICLE 122 - PIRACY IN GENERAL AND MUTINY


ON THE HIGH SEAS OR IN PHILIPPINE WATERS

Elements: ARTICLE 123 - QUALIFIED PIRACY

(1) The vessel is on the high seas or Philippine waters Elements:



 (1) The vessel is on the high seas or Philippine waters
(2) Offenders are neither members of its complement 

nor passengers of the vessel 
 (2) Offenders may or may not be members of its
(3) Offenders either – 
 complement, or passengers of the vessel 


(a) Attack or seize that vessel; or
 (3) Offenders either – 


(b) Seize the whole or part of its cargo, its equipment or (a) Attack or seize the vessel; or

personal belongings of its complement or passengers (b) Seize the whole or part of its cargo, its equipment,
(4) There is intent to gain or personal belongings of its crew or passengers

Acts Punished in Piracy: 
 (4) The preceding were committed under any of the

(1) Attacking or seizing a vessel on the high seas or following circumstances:


 in Philippine waters 
 (a) Whenever they have seized a vessel by 
 boarding

(2) Seizing the whole or part of its cargo, 
 complement or firing upon the same; 


or passengers while the vessel is on the high seas or in (b) Whenever the pirates have abandoned their victims
Philippine waters 
 without means of saving 
 themselves; or 


(c) Whenever the crime is accompanied by 
 murder,

Definition of High Seas
 The Convention on the Law homicide, physical injuries or rape 


of the Sea defined it as parts of the seas that are not


included in the exclusive economic zone, in the Title II. Crimes against Fundamental Laws of the

territorial seas, or in the internal waters of a state, or in


State
the archipelagic waters of an archipelagic state.
Crimes under this title are those that violate certain
Definition of Piracy

provisions of the Bill of Rights.
It is robbery or forcible depredation on the high seas,
All offenses under this title can only be committed by
without lawful authority and done with animo furandi
public officers except offending the religious feelings.
and in the spirit and intention of universal hostility
ARTICLE 124 - ARBITRARY DETENTION
Definition of Mutiny

Elements:

 It is the unlawful resistance to a superior officer, or the
raising of commotions and disturbances. (1) That the offender is a public officer or employee

Piracy Mutiny (2) That he detains a person


Person are stranger to Person are crew or (3) That the detention is without a legal ground.
(3) He fails to deliver such person to the proper

Arbitrary Illegal Detention Unlawful 
 judicial authorities within – 


Detention Arrest (a) 12 hours for light penalties


(b) 18 hours for correctional penalties


 (c) 36 hours for afflictive or capital penalties


Public (1) Private person; Any
officer has 
 OR 
 person This is applicable only when the arrest is without a

authority to warrant. But the arrest must be lawful.


(2) Public 
 officer
make 
 who is acting in a At the beginning, the detention is legal since it is in the
arrests and private capacity or pursuance of a lawful arrest. Detention becomes
detain beyond the scope arbitrary when the:
 (1) Applicable period lapses
persons of his official duty (2) Without the arresting officer filing a formal charge
with the proper court.

The periods stated are counted only when the


prosecutor’s office is ready to receive the complaint or
information. Nighttime is not included in the period.
Violate the Deprive the offended Accuse
“Delivery” means the filing of correct information with
offended party of his personal the
the proper court (or constructive delivery -- turning over
party’s liberty offended
the person arrested to the jurisdiction of the court). The
constitutional party of a
purpose is to determine whether the offense is bailable
freedom crime he
or not. (Upon delivery, judge or court acquires
against did not
jurisdiction to issue an order of release or of
warrantless commit,
commitment of prisoner.)
arrest deliver him
The elements of custodial investigation are:
to the
proper 
 (1) The suspect is deprived of liberty in any

authority, significant manner;

and file (2) The interrogation is initiated by law enforcement


the 
 authorities; 

necessary (3) The interrogation is inculpatory in character. 

to
ARTICLE 126 - DELAYING RELEASE
incriminate
Elements:
him
(1) Offender is a public officer or employee 


(2) There is a: 


(a) Judicial or executive order for the release of a


prisoner or detention prisoner, OR
ARTICLE 125 - DELAY IN THE DELIVERY OF
(b) A proceeding upon a petition for the liberation of
DETAINED PERSONS TO THE PROPER JUDICIAL
such person
AUTHORITIES
(3) Offender without good reason delays –
Elements:
(a) The service of the notice of such order to the
(1) Offender is a public officer or employee 


 prisoner 

(2) He detains a person for some legal ground 

(b) The performance of such judicial or 
 executive
order for the release of the 
 prisoner; OR 
 (2) Search of moving vehicles; 


(c) The proceedings upon a petition for the 
 release of (3) Evidence in plain view; 

such person 
 (4) Stop and frisk; 

ARTICLE 127 – EXPULSION (5) Customs searches; AND 

Elements: (6) Consented warrantless search.
(1) Offender is a public officer or employee 
 ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY
(2) He either– OBTAINED, AND ABUSE IN THE SERVICE OF

(a) Expels any person from the THOSE LEGALLY OBTAINED

Philippines; OR 
 Elements of procuring a search warrant without just

(b) Compels a person to change cause:

residence 
 (1) Offender is a public officer or employee 


(c) Offender is not authorized to do so by (2) He procures a search warrant 



law. 
 (3) There is no just cause 

ARTICLE 128 - VIOLATION OF DOMICILE Elements of exceeding authority or using
Acts punished: unnecessary severity in executing a search warrant

(1) Entering any dwelling against the will of the owner legally procured:

thereof 
 (1) Offender is a public officer or employee 


(2) Searching papers or other effects found therein (2) He has legally procured a search warrant 

without the previous consent of such owner, OR 
 (3) He exceeds his authority or uses unnecessary
(3) Refusing to leave the premises, after having 
 severity in executing the same. 

surreptitiously entered said dwelling and after having ARTICLE 130 - SEARCHING DOMICILE WITHOUT
been required to leave the same 
 WITNESSES
Elements COMMON to the three acts: Elements:
(1) Offender is a public officer or employee 
 (1) Offender is a public officer or employee 

(2) He is not authorized by judicial order– (2) He is armed with search warrant legally 
 procured
(a) To enter the dwelling; 
 


(b) To make a search therein for papers (3) He searches the domicile, papers or other
or other 
 effects; or 
 
 belongings of any person 


(c) He refuses to leave, after having (4) The owner, or any members of his family, or two

 surreptitiously entered such 
 witnesses residing in the same locality are not
dwelling and been required to present. 

leave the same 
 RULE 116: SEARCH AND SEIZURE

Qualifying circumstances: A search warrant is an order in writing -
(1) Night time 
 . (1) Signed by a judge 

(2) Papers or effects not constituting evidence of a . (2) Directed to a peace officer, commanding him to

 crime are not returned immediately after the search 
 search for personal property described
made by the offender. 
 therein and bring it before the court 

Exceptions to the warrant requirement: Requisites for issuing a search warrant:

 (1) Search incidental to an arrest; (1) Probable cause, in connection with one specific

 offense, to be determined personally by the judge peaceful meeting, or by dissolving
AFTER examination under oath or affirmation of the the same 

complainant and the witness he may produce 
 (b) Hindering any person from joining any
(2) Particular description of: 
 lawful association, or from

(a) Place to be searched; AND
 attending any of its meetings 


(b) Things to be seized which may be anywhere in the (c) Prohibiting or hindering any person

Philippines from addressing, either alone or

An officer may break open any outer or inner door together with others, any petition to

or window of a house or any part of a house or the authorities for the correction of
abuses or redress of grievances 

anything therein WHEN these circumstances
concur: NOTES:

(1) He is refused admittance to the place of directed The government has a right to require a permit before


 search; 
 any gathering can be made. HOWEVER, the

(2) His purpose is to execute the warrant to liberate government only has regulatory, NOT PROHIBITORY,
powers with regard to such requirement.

 himself or any person lawfully aiding him when

 unlawfully detained therein; and 
 The permit should state the day, time, and place of the

(3) He has given notice of his purpose and authority. 
 gathering.
 If the permit is denied arbitrarily, OR the
officer dictates the place where the meeting is to be
The warrant must direct that it be served in the daytime.
held, this article is VIOLATED.
HOWEVER, it can be served at any time of the day or
night WHEN the affidavit asserts that the property is on If in the course of the assembly, which started out

the person or in the place ordered to be searched. peacefully, the participants committed illegal acts like
oral defamation or inciting to sedition, a public officer or
A search warrant shall be valid for ten (10) days from its
law enforcer can stop or dissolve the meeting.
date. Thereafter, it shall be void.
Two criteria to determine whether this article would
The officer seizing the property under the warrant must
be violated:
give a detailed receipt for the same to the lawful
(1) Dangerous tendency rule – applied during times
occupant of the premises in whose presence the search

 of national unrest such as to prevent coup 
 d’etat. 

and seizure were made.

In the absence of such occupant, the officer must: (2) Clear and present danger rule – applied during

 times of peace. Stricter rule. 

(1) leave a receipt in the place in which he found the
seized property; 
 ARTICLE 132 - INTERRUPTION OF RELIGIOUS
WORSHIP
(2) In the presence of at least two witnesses of
Elements:
sufficient age and discretion residing in the same
locality. 
 (1) Offender is a public officer or employee 


ARTICLE 131 - PROHIBITION, INTERRUPTION AND (2) Religious ceremonies or manifestations of any

DISSOLUTION OF PEACEFUL MEETINGS 
 religion are about to take place or are going on 


Elements: (3) Offender prevents or disturbs the same 


(1) Offender is a public officer or employee 
 ARTICLE 133 - OFFENDING THE RELIGIOUS
FEELINGS
(2) He performs any of the following acts:
Elements:
(a) Prohibiting or interrupting, without
legal ground, the holding of a (1) Acts complained of were performed in a place
devoted to religious worship, OR during the celebration
of any religious ceremony 


(2) The acts must be notoriously offensive to the Rebellion Treason


feelings of the faithful. 

The levying of war against The levying of war against
An act is NOTORIOUSLY OFFENSIVE to the
the government during the government would
religious feelings when a person:

peace time for any constitute treason when
(1) Ridicules or makes light of anything constituting purpose mentioned in Art. performed to aid the
religious dogma
 134 enemy; it would also
(2) Works or scoffs at anything devoted to religious constitute adherence to
ceremonies the enemy, giving him aid


 (3) Plays with or damages or destroys any object of and comfort

veneration of the faithful

Always involves taking up Mere adherence to the


Title III. Crimes against Public Order arms against the enemy giving him aid and
ARTICLE 134 - REBELLION /INSURRECTION government. comfort
Elements:

(1) There is a public uprising and taking arms against


the government; 

Rebellion Subversion
(2) The purpose of the uprising or movement is:
Crime against public order Crime against national
(a) To remove from the allegiance to the security
government or its laws the
Philippine territory or any part
There must be public Being officers and ranking
thereof, or any body of 
 land,
uprising to overthrow the members of subversive
naval, or other armed forces; or 

government groups constitute
(b) To deprive the Chief Executive or
subversion
Congress, wholly or partially, of
any of their powers or

 prerogatives 
 Rebellion Sedition

Rule on Complexing of Rebellion There must be taking up It is sufficient that the

Rebellion cannot be complexed with, but absorbs other of arms against the public uprising be

crimes committed in furtherance of rebellion. There is government. tumultuous.

no complex crime of rebellion with murder and other


common crimes. The purpose is always The purpose may be
Rebellion Insurrection political. political or social.

Object is to completely A movement seeking to


overthrow and supplant effect some change of
the existing government minor importance or to ARTICLE 134-A - COUP D’ ÉTAT

prevent the exercise of Elements:


governmental authority (1) Offender is a person or persons belonging to the
with respect to particular military or police or holding any public office or
matters or subjects employment; 

(2) It is committed by means of a swift attack shall be deemed a leader. 

accompanied by violence, intimidation, threat, strategy ARTICLE 136 - CONSPIRACY AND PROPOSAL TO
or stealth; 
 COMMIT COUP D’ ÉTAT, REBELLION OR
INSURRECTION
(3) The attack is directed against the duly constituted
Mode 1: Conspiracy to commit coup d’état,
authorities of the Republic of the Philippines, or any
rebellion or insurrection
military camp or installation, communication networks,
public utilities or other facilities needed for the exercise Elements:

and continued possession of power; 
 (1) Two or more persons come to an agreement to

(4) The purpose of the attack is to seize or diminish swiftly attack or to rise publicly and take arms against

state power. 
 the Government for any of the purposes of rebellion or

Coup d’etat, when considered as Terrorism insurrection; 


(2) They decide to commit it. 




 A person who commits an act punishable as coup
d’etat under Article 134-A of the Revised Penal Code, Mode 2: Proposal to commit coup d’état, rebellion

including acts committed by private persons, thereby or insurrection

sowing and creating a condition of widespread and Elements:


extraordinary fear and panic among the populace, in . (1) A person has decided to swiftly attack or to rise
order to coerce the government to give in to an unlawful publicly and take arms against the
demand shall be guilty of the crime of terrorism. Government for any of the purposes of
ARTICLE 135 - PENALTY FOR REBELLION, rebellion or insurrection; 

INSURRECTION OR COUP D’ ÉTAT
. (2) Such person proposes its execution to some
Persons liable for rebellion, insurrection or coup other person or persons 

d'etat
ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS
(1) The leaders:
 OR EMPLOYEES

(a) Any person who promotes, maintains or Elements:

heads a rebellion or insurrection; or
 . (1) Offender is a public officer or employee; 


(b) Any person who leads, directs or commands others . (2) Offendercommitsanyofthefollowingacts:
to undertake a coup d'etat; (2) The participants: (a) Failing to resist a rebellion by all
. (a) Any person who participates or executes the the means in their power; 

commands of others in rebellion or (b) Continuing to discharge the duties
insurrection; 
 of their offices under the control
. (b) Any person in the government service who of the rebels 

participates or executes directions or (c) Accepting appointment to office
commands of others in undertaking a coup under them. 

d’etat; 
 ARTICLE 138 - INCITING TO REBELLION OR
. (c) Any person not in the government service who INSURRECTION

participates, supports, finances, abets or aids Elements:


in undertaking a coup d'etat. 
 . (1) Offender does not take arms or is not in open
. (d) If under the command of unknown leaders, any hostility against the government; 

person who directed the others, spoke for . (2) He incites others to the execution of any of the
them, signed receipts and other documents acts of rebellion; 

issued in their name on behalf of the rebels . (3) The inciting is done by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same Sedition Coup d’etat

end. 
 There is no distinction as Offender belongs to the


ARTICLE 139 - SEDITION to who may commit; a military or police or
Elements: private individual may holding any public office

(1) Offenders rise publicly and tumultuously; 
 commit the offense or employment

(2) Offenders employ force, intimidation, or other



 means outside of legal methods; 
 Primary purpose is to To seize or to diminish
disturb public peace state power
(3) Purpose is to attain any of the following objects:

(a) To prevent the promulgation or


execution of any law or the holding
Sedition Treason
of any popular election; 

It is the raising of It is the violation by a
(b) To prevent the national government or
commotions or subject of his allegiance
any provincial or municipal
disturbances in the State. to his sovereign.
government or any public officer
from exercising its or his functions,
or prevent the execution of an
ARTICLE 140 - PERSONS LIABLE FOR SEDITION
administrative order; 

. (1) The leader of the sedition; 

(c) To inflict any act of hate or revenge
upon the person or property of any . (2) Other person participating in the sedition 


public officer or employee; 
 ARTICLE 141 - CONSPIRACY TO COMMIT


SEDITION
(d) To commit, for any political or social
Elements:
end, any act of hate or revenge
against private persons or any (1) Two or more persons come to an agreement and a

social classes; 
 decision to rise publicly and tumultuously to attain any


of the objects of sedition;
(e) To despoil for any political or social
end, any person, municipality or (2) They decide to commit it.


province, or the national ARTICLE 142 – INCITING TO SEDITION

government of all its property or Mode1. Inciting others to the accomplishment of


any part thereof. 
 any of the acts which constitute sedition by means

NOTES: of speeches, proclamations, writings, emblems, etc.

Tumultuous: If caused by more than three persons who Elements:

are armed or provided with the means of violence. . (1) Offender does not take direct part in the crime of
sedition; 


SEDITION REBELLION . (2) He incites others to the accomplishment of any

There must be a public uprising. of the acts which constitute sedition by

There must be taking up means of speeches, proclamations, writings,


It is sufficient that the
of arms against the emblems, cartoons, banners, or other
public uprising is
government. representations tending towards the same
tumultuous.
end. 


Political or social purpose Always a political purpose


Mode 2. Uttering seditious words or speeches (a) He disturbs any of such meetings; 

which tend to disturb the public peace; (b) He behaves while in the presence of
Mode 3. Writing, publishing, or circulating any 
 such bodies in such a
scurrilous libels against the government or any of manner as to interrupt its
the duly constituted authorities thereof, which tend proceedings or to impair the
to disturb the public peace. respect due it. 


Elements: ARTICLE 145 - VIOLATION OF PARLIAMENTARY


IMMUNITY
(1) Offender does not take part in the crime of sedition.
Mode 1:
(2) He uttered words or speeches and writing,
publishing or circulating scurrilous libels and that Using force, intimidation, threats, or frauds to prevent
any member of Congress from attending the meetings
. (a) Tend to disturb or obstruct any lawful 
 officer in
of Congress or of any of its committees or
conducting the functions of his 
 office; 

subcommittees, constitutional commissions or
. (b) Tend to instigate others to cabal and meet
committees or divisions thereof, or from expressing his

 together for unlawful purposes; 

opinion or casting his vote;
. (c) Suggest or incite rebellious conspiracies or
Elements:

 riots; OR 

. (1) Offender uses force, intimidation, threats or
. (d) Lead or tend to stir up the people against 
 the
fraud; 

lawful authorities or to disturb the peace of
. (2) The purpose of the offender is to prevent any
the community, the safety and order of the
member of Congress from:
government. 

(a) Attending the meetings of the
Congress or 
 of any of its
CHAPTER II - CRIMES AGAINST POPULAR
committees or constitutional
REPRESENTATION

 commissions; 

ARTICLE 143 - ACTS TENDING TO PREVENT THE
MEETING OF THE CONGRESS OF THE (b) Expressing his opinion; OR 


PHILIPPINES AND SIMILAR BODIES (c) Casting his vote. 


Elements:

(1) There is a projected or actual meeting of Congress Mode 2: Arresting or searching any member thereof

or any of its committees or subcommittees, while Congress is in regular or special session, except

constitutional committees or divisions thereof, or of any in case such member has committed a crime

provincial board or city or municipal council or board; punishable under the Code by a penalty higher than
prision mayor.
(2) Offender, who may be any person, prevents such
meetings by force or fraud. Elements:

ARTICLE 144 - DISTURBANCE OF PROCEEDINGS . (1) Offender is a public officer of employee; 


Elements: . (2) He arrests or searches any member of

. (1) There is a meeting of Congress or any of its Congress; 


committees or subcommittees, constitutional . (3) Congress, at the time of arrest or search, is in


commissions or committees or divisions 
 regular or special session; 

thereof, or of any provincial board or city or . (4) The member arrested or searched has not
municipal council or board; 
 
 committed a crime punishable under the
. (2) Offender does any of the following acts: Code by a penalty higher than prision mayor.

 under 
 the RPC 


CHAPTER III – ILLEGAL ASSEMBLIES AND . (2) He is considered a leader or organizer of the
ASSOCIATIONS 
 meeting.
ARTICLE 146 - ILLEGAL ASSEMBLIES ARTICLE 147 - ILLEGAL ASSOCIATIONS

Mode 1: Any meeting attended by armed persons . (1) Associations totally or partially organized for
for the purpose of committing any of the crimes the purpose of committing any of the
punishable under the Code; crimes punishable under the Code; 


Elements: . (2) Associations totally or partially organized for

(1) There is a meeting, a gathering or group of persons, some purpose contrary to public morals.

whether in a fixed place or moving; 


. (2) The meeting is attended by armed persons; 
 Persons liable for illegal associations:


. (3) The purpose of the meeting is to commit any of (1) Founders, directors and president of the


 the crimes punishable under the Code. 
 association;

. Mode 2: Any meeting in which the audience, (2) Mere members of the association.

whether armed or not, is incited to the Public Morals: matters which affect the interest of
commission of the crime of treason, society and public convenience, not limited to good
rebellion or insurrection, sedition, or customs
assault upon person in authority or his Illegal Assembly Illegal Associations
agents.
There must be an actual Actual necessary meeting
Elements: meeting or assembly not
. (1) There is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
What is punished are the What is punished is the

meeting and attendance the act of forming or
. (2) The audience, whether armed or not, is incited therein organizing the association
to 
 the commission of the crime of treason,
rebellion or insurrection, sedition or direct
Persons liable:
 Persons liable:

assault. 

(1) Organizers or (1) Founders,
Persons liable for illegal assembly:

leaders of the directors,
(1) The organizer or leaders of the meeting;
meeting president
(2) Persons merely present at the meeting, who

 (2) Persons present 
 (2) The members
must have a common intent to commit the felony
of illegal assembly.
Notes:


In the first form of illegal assembly, the persons present
at the meeting must be armed. But the law does not
require that all the persons present must be armed. The
unarmed persons present at the meeting are also liable.

Presumptions if a person carried an unlicensed firearm:

. (1) The purpose of the meeting insofar as he is



 concerned is to commit acts punishable