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TITLE ONE  Who are these traitors? enemies by giving them EXAMPLES OF ACTS OF ADHERING TO THE ENEMIES BY
CRIMES AGAINST NATIONAL SECURITY AND THE  These enemies are troops of aid or comfort. GIVING AID OR COMFORT:
LAW OF NATIONS (Articles 114 – 122) the enemy state which is in war Adherence to the o By giving the enemies information,
with the Philippines. Filipino enemies— mean that transportation, arms, supplies, all of these will
ARTICLE 114 – TREASON men like the MILF, NPAs, even the Filipino citizen or the weaken the defense of the Philippines and
if they are at war with the offender intentionally, strengthen the enemy state.
- is committed by a Filipino citizen or an alien residing in
Philippine government, they intellectually and o People vs. Perez:The court said, "the act of
the Philippines who levies war against the Philippine
cannot be considered as emotionally favors the commandeering women or giving women to the
Government or adheres to her enemies by giving them
enemies because they are still enemy. enemy troops in times of war, to satisfy the lust
aid and comfort
considered as Filipino citizens. Therefore,adherence to of the enemy troops is not considered as a
So the aliens refer to the the enemies is an internal treasonable act." Because according the Court,
1. The offender is by birth, a Filipino Citizen
citizens of the enemy state state of mind, it is mental whatever benefit is given to the enemy is merely
or an alien residing in the Philippines, even
which is at war with the state, you cannot see trivial in nature,imperceptible and it was not the
if temporary allegiance
Philippines. adherence to the enemies intent of the offender (unintentionally).
 The offender may either be a
Filipino citizen, because a
3. That the offender either—  How now would you  There are two ways of proving treason under Article
Filipino citizen owes permanent
a) Levies war against the know that a person 114:
allegiance to the Philippine
Philippine government, or is adhering to the 1. TESTIMONY OF TWO WITNESSES, AT
Government; or another
b) Adheres to the enemies enemy state? LEAST, TO THE SAME OVERT ACT,
offender is a foreigner,an alien
by giving them aid or  It is OTHERWISE KNOWN AS THE "TWO-
temporarily residing in the
comfort. manifested by WITNESS RULE"
Philippines. During his
 The third element refers his acts of  There must be two witnesses who will
temporary stay in the
to the mode of giving aid or prove only on the commission by the
Philippines, he is given
committing treason. comfort to the offender of an overt act showing that he
protection by the Philippine
treason may be enemy. That adheres to the enemy. Therefore, treason
Government under its laws
committed by either: is why these cannot be proven by mere substantial
therefore it is but incumbent
a. Levies war against the two must evidence. There must be direct evidence, a
upon him to have temporary
Philippine concur: witness to this act of giving aid or comfort
allegiance to the Philippine
government,requires the 1. Adherence to the enemy.
Government. That is why even
concurrence of two to the 2. CONFESSION OF THE OFFENDER OR THE
an alien, a foreigner
temporarily residing in the
1) there must 2. Giving  Confession of guilt must be made before a
Philippines can also commit
be an actual of assembly them aid or court. Extra-judicial confession will not give
treason in times of war.
of men comfort rise to conviction in case of the crime of
2) it is for the treason.
2. That there is a war in which the Philippines
purpose of  Mere
is involved
executing or adherence
 The second element is that ILLUSTRATION:
effecting a to the
there is a war in which the Q: What if there is war which the Philippines is involved? X
treasonable enemies,
Philippines is involved. In the was among those who committed treason against the
design by without any
case of Laura vs. Misa, treason government. now X in committing treason killed a public
force. act of giving
is a war time offense. It can be officer of the government of the Philippines, in furtherance
This means that the said aid or comfort
committed only in times of war. of his act of treason. Will such act amounting to murder give
offenders, Filipino citizens to the enemy
In times of peace, Treason rise to a separate and distinct crime? Will you charge him for
who are said to be in will not
remains to be dormant crime, two crimes based on treason and murder?
collaboration with the bring along
however, the moment when an A: There is only one crime committed by
enemy troops in order to treason, it is
emergency arises, the moment him and the crime committed is
hand over the Philippine the act of
a war arises, it is immediately treason. Common crimes such as Murder,
Government to the giving aid or
put into effect as an act self- physical injuries, homicide, arson, if they are
enemy troops. Absent of comfort which
defense and self-preservation committed in furtherance to, in connection with
that collaboration, it is the
of the Philippine Government. or incidentally to treason shall be absorbed in the
cannot be considered as manifestation
Treason cannot be committed crime of treason because they are atrocities for
treason of the
in times of peace, because in war and therefore, they are considered as
adherence to
times of peace, there are no absorbed in the crime of treason. It cannot even
b. Adheres to the the enemies.
traitors. be complex, they are considered absorbed in the

crime of treason.

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information, plans, photographs or other 1. That the offender performs unlawful or declaration of neutrality, the crime of violation of
Q: What if A, B and C, conspired and agreed to commit data of a confidential nature, relative to unauthorized acts by the Philippine government. neutrality does not arise.
treason against the Philippine Government. After their the defense of the Philippines 2. That the said act provoke or give occasion for a
conspiracy and agreement, A went to X. A told his friend X  The offender can be any person. He can be war involving or liable to involve the Philippines ARTICLE120 – CORRESPONDENCE WITH HOSTILE
that he was in conspiracy with B and C to commit treason a Filipino citizen, or a foreigner, or he can or expose Filipino citizens to reprisals on their COUNTRY
against the Philippine Government. After A told him such be a public officer or employee, or he can persons and property while they are in a foreign ELEMENTS:
conspiracy with X, A left. X, despite knowledge of the be a private individual. country. 1. That it is in time of war in which the Philippines
conspiracy to commit treason among A, B, and C, did not 3. He is not legally authorized to do so. is involved.
disclose such information to the proper authorities. What  When will the crime of espionage arise? 2. That the offender makes correspondence with an
crime/crimes is/are committed by A, B, C, and X?  Under the first mode, the crime of  Inciting to war connotes that there is yet no war. It enemy country or any territory occupied by enemy
A: A, B, and C are liable for the conspiracy espionage will arise moment the offender is committed in times of peace. troops.
to commit treason. There is a meeting of two enters the warship, fort or naval or military
3. That the correspondence is either —
or more persons come to an agreement to establishment or reservation, without Case of CAPTAIN MENDOZA
authority if his intention is to obtain any a.) Prohibited by the Philippine Government
commit the crime of treason and decide to Hostage drama in Luneta. There were Hongkong b.) Carried on in ciphers or conventional signs
commit it.There is proposal to commit treason information, plans, photographs or other citizens boarded the bus and here comes captain c.) Containing notice or information which
when a person has decided to commit the crime data of a confidential nature, relative to the mendoza who was no longer a member of the
defense of the Philippines. might be useful to the enemy
of treason and proposes its execution to some military, he entered the bus, with different
other person or persons. The moment that other weapons and grenades and even killed some
 It is not necessary that for the crime to  Here, there is a war in which the Philippines is
person whom the proposal was given, raise to hongkong citizens. Captain mendoza performed
arise that he is successful in obtaining the involved.
the commission of crime, we no longer have unlawful, unauthorized acts which expose
proposal, but we have Conspiracy to commit data. It is not necessary that he indeed overseas Filipino workers in Hongkong and china
treason. In the problem, A, B, and C, conspired, obtained the data. The mere act of Q: The Philippines is at war with the another country. Here
to reprisals on their person or property. In fact,
agreed to commit the crime of treason against entering without authority is sufficient if his comes X, a Filipino citizen, he has a pen pal who is a citizen
there were news at that time that Hongkong or
the Philippine government, therefore they are all intention is to obtain the data of of the country which is at war with the Philippines. The
China would be engaging in war with the
liable for conspiracy to commit treason. confidential manner relative to the defense competent authority or the President issued a declaration of
Philippines. Head captain Mendoza, one of the
of the Philippines. proclamation saying that there should be no correspondence
crimes that may be held against him is inciting to
to the enemy state. But X missed his penpal, and so, he
Q: X, who had knowledge of the conspiracy to commit war or giving motives for reprisals.
II. By disclosing to the representative of a wrote in a small piece of paper, "i love you, i miss you,
treason among A, B, and C, however, despite that
foreign nation the contents of the articles, muamua!" Is X liable of the crime of correspondence with
knowledge, he did not disclose it to the proper authorities. ARTICLE119 – VIOLATION OF NEUTRALITY
data or information referred to in the enemy?
What is the liability of X? ELEMENTS:
paragraph No. 1 of art. 117, which he had A:X is liable because there was a declaration issued
A: X is liable for misprision of treason – is 1. The crime is committed when there is a war but
in his possession by reason of the public by a competent authority that correspondence with the
committed by any person who owes permanent the Philippines is not involved in the said war
office he holds. hostile country is prohibited and if there is no
allegiance to the Philippine Government who fails and;
 This mode of committing espionage can declaration, proclamation coming from the competent
to disclose of knowledge to commit treason as 2. The competent authority issued a regulation for
only be committed by a public officer who authority prohibiting correspondence, the crime will
soon as possible to the proper authorities.In the the purpose of enforcing neutrality among
has been trusted, by reason of his public only arise if the said crime is carried on in ciphers or
problem, C, despite having knowledge of the Filipino citizens and ;
position, of articles, data of confidential conventional signs or Containing notice or information
conspiracy to commit treason among A, B, and C 3. The offender violates such regulation imposed.
nature relative to the defense of the which might be useful to the enemy.
did not divulge it, did not disclose it to the
proper authorities, therefore, X is liable for  Here, there is war but the Philippines is not involved in
 The crime of espionage will arise the
misprision of treason. the said war.
moment the offender divulges or discloses ARTICLE 121 – FLIGHT TO ENEMY'S COUNTRY
the data and information to a
 TREASON can be committed both by Filipino citizens ELEMENTS:
representative of a foreign nation. Q: There is a war between country X and country Y. Here
and a foreigner temporarily residing in the Philippines, 1. That there is s war in which the Philippines is
 So even if he is in possession of the same, comes Pedro, a Filipino citizen, he was siding with country X.
but MISPRISION OF TREASON can only be committed involved.
but he does not divulge it to any Is he liable?
by a Filipino citizen who owes permanent allegiance to representative of a foreign nation, the 2. That the offender must be owing allegiance to the
A: No, he is not liable of violation of
the Philippine government, it cannot be committed by crime will not arise. neutrality because in the problem, it did not say Philippine Government
a foreigner residing in the Philippines. that the competent authority (the President) 3. That the offender attempts to flee or go to enemy's
 Espionage can be committed in BOTH, in times of issued a proclamation or regulation imposing country
ARTICLE 117 – ESPIONAGE peace and in times of war. neutrality. 4. That going to the enemy country is prohibited by a
There are two ways of committing espionage under Article competent authority
117: ARTICLE 118 –INCITING TO WAR OR GIVING  The violation will only arise if there is a proclamation
I. By entering, without authority therefor, a MOTIVES FOR REPRISALS or regulation imposing neutrality and a Filipino citizen  There must be a declaration or a proclamation issued
warship, fort, or naval or military ELEMENTS: violates such declaration or regulation issued by a by a competent authority, that no Filipino shall flee to
establishment or reservation to obtain any competent authority. Therefore, absence of such

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the enemy's country and the offender violates such 2. The OFFENDERS are MEMBERS OF THE waters, the offenders are not members of the  Therefore, where does PD 532 apply?
proclamation. COMPLEMENT or PASSENGERS OF THE complement or passengers of the ship. They  It will apply when the
 Mere attempt will readily rise to the crime. It is not VESSEL seize the cargo and equipment of the vessel. offenders are
necessary that the offender has actually gone to the 3. The offenders raise a commotion or Therefore, it is piracy under Article 122. members of the
country. disturbance on the board the ship against complement or
 There must be declaration or proclamation prohibiting the lawful command of the captain or the Q: The vessel is on Philippine waters. While the vessel is on passengers of the
flight to enemy state. commander of the ship. Philippine waters, the members of the complement and vessel and the vessel
In mutiny, there is no taking because in mutiny there is no passengers of the said vessel in conspiracy with one another is on the Philippine
ARTICLE 122 – PIRACY intent to gain. Mutiny is the rising of commotion, a took the cargo and equipment of the said vessel, and then waters.
ELEMENTS: resistance against the lawful command, against the lawful they boarded a second vessel and off they went. What crime
1. The first element is where the vessel is authority of the commander or captain of the ship. is committed by the members of the complement and Q: The vessel is on Philippine waters, suddenly men from
located. The vessel can either be on the Since in mutiny, there is no intent to gain, mutiny is akin to passengers of the said vessel? the outside committed acts of piracy. What crime is
high seas or on Philippine waters (this was sedition. The rising of commotion, an uprising, an act of A: The members of the complement and committed?
brought about by the amendment of RA dissent against lawful authority. passengers of the vessel committed ACTS A: Piracy under Article 122
7659). Before the amendment of RA 7659, OF PIRACY because they seize in whole or in Q: The vessel is on Philippine waters. Acts of piracy were
Piracy under Article 122 can only be SO HOW DO YOU DISTINGUISH PIRACY VS. part the cargo or equipment of the vessel but committed by the members of the complement or
committed when the vessel is on the high MUTINY? NOT PIRACY UNDER ARTICLE 122 because in passengers of the vessel. What crime is committed?
seas. But because of this amendment 1. In piracy, the offenders are strangers to the Article 122, it is a requisite that the offenders A: Piracy under PD 532
brought about by RA 7659, Piracy now vessel, whereas, in mutiny, the offenders are must be strangers to the vessel. Here, the
under Article 122 can be committed when necessarily inside the vessel, they are either offenders are members of the complement and Q: What if the vessel is on the high seas? While the vessel is
the vessel is on Philippine waters. members of the complement or passengers of passengers of the vessel. So the crime on the high seas, there comes a second vessel. Four men
the vessel committed is PIRACY BUT UNDER PD 532. from the second vessel boarded the first vessel and at
2. The second element provides for the 2. In Piracy, there is intent to gain because it is gunpoint took the cargo and equipment of the first vessel.
offenders. The offenders must NOT be similar to robbery, whereas, in mutiny, there is ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD What crime is committed by these four men?
members of the complement or passengers no intent to gain because the essence of the 532) A: Piracy under Article 122. The vessel is on the
of the vessel. Therefore, the offenders crime is to go against the lawful authority of the Under PD 532, piracy is committed by attacking or seizing high seas. The offenders are not members of the
must be STRANGERS to the vessel. They commander of the ship. the vessel or seizing in whole or in part the cargo, complement or the passengers of the vessel.
must be coming from the outside, not from equipment or personal belongings of the members of the They seize in whole or in part the cargo and
the inside. ILLUSTRATION: complement or passengers of the vessel IRRESPECTIVE of equipment of the said vessel.
Q: The vessel is on the sea going to Mindoro. So while the the value thereof, committed by means of force and violence
3. The third element refers to the mode of and committed by any person whether he may a member of
ship is on its way to Mindoro, suddenly there comes a big Q: While the vessel is on the high seas,members of the
committing piracy. the complement or passenger of the vessel or strangers to
storm. The commander or the captain of the ship said that complement or passengers of the vessel in conspiracy with
a. The offenders either ATTACK or the vessel BUT the vessel is on Philippine waters. Therefore,
they should first move towards the shore and let the storm one anothertook away the cargo and equipment of the
SEIZE the vessel. for PIRACY UNDER PD 532 to arise, it necessary that the
comes calm in order to ensure the safety of the passengers vessel. What crime is committed?
b. The offenders either SEIZE IN vessel is on Philippine waters.If the vessel is on the high
of the vessel. The passengers of the vessel and members of  NOTE: It is not piracy under Article
WHOLE or IN PART the cargo, seas, immediately rule out PD 532.
the complement didn’t want the decision of the said captain 122 because here, the offenders are
the equipment or the personal
of the ship and so they seize the captain of the ship and members of the complement or
belongings of the passengers or
manned the vessel until they reach Mindoro. What crime, if HOW COULD YOU KNOW IF IT IS PIRACY UNDER PD passengers of the vessel. In Article
members of the complement.
any, is committed by these members of the complement and 532 OR PIRACY UNDER ARTICLE 122 OF RPC? 122, it is required that the offenders
passengers of the vessel?  If the vessel is on Philippine waters, your choice must be strangers to the vessel. It
 Based on these elements, you will notice that piracy is
A: They are liable of MUTINY. The vessel is is either Piracy under PD 532 or Piracy Article cannot be piracy under PD 532
akin to robbery. It is in effect robbery. It is just called
piracy because the object of the thing is either the on Philippine waters. The offenders are members 122. because the vessel must be on
of the complement and they go against the  Where lies the difference? Philippine waters. In our problem,
vessel or the cargo or equipment of the said vessel.
There is also the use of force or intimidation. There is lawful authority of the captain of the ship.  Since Article 122 of RPC the vessel is on the high seas. So,
Therefore they are liable of mutiny. is the main law, we have what crime is committed?
also the use of violence against persons. There is also
intent to gain.So it is akin, similar to robbery. to reconcile it with PD A: Again, piracy is akin to robbery. Since Piracy
Q: While a vessel is on Philippine waters, here comes a 532. Or PD 532 must be under Article 122 and Piracy under PD 532 do
second vessel. Four men from the second vessel boarded reconciled with Article not apply, the crime committed is ROBBERY IN
ARTICLE122 –MUTINY 122. Piracy under PD
the first vessel and at gunpoint, took the cargo and AN UNINHABITED PLACE.
COMMITTED WHEN: 532, the offenders can
equipment of the said vessel. Placed them in the second
1. The vessel is either on the high seas or on vessel and off they went. What crime is committed by these be any person. He can
Philippine waters ARTICLE 123 – QUALIFIED PIRACY
four men? be a stranger. He can
 What are the circumstances which will qualify piracy?
A: They are liable of PIRACY UNDER be members of the
 Under Article 122, the following
ARTICLE 122. The vessel is on Philippine complement.
circumstances will qualify piracy:

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1. Whenever the offender have Q: What if in the same problem, the woman didn’t want to  According to Reyes  Insofar as these two prohibited acts are
seized a vessel by boarding give the ring, one of the men slapped the woman on the and other legal concerned, what are the circumstances which
or firing upon; or face three times and the face of the woman became reddish. luminaries, only will qualify the penalty?
2. Whenever the offenders have She suffered slight physical injuries. What about the fact these two are  Under RA 6235, the following
aband0ned their victims that the injury suffered was only slight? considered qualified circumstances will qualify the first
without means of saving A: It will not make a difference although the in mutiny because two acts:
themselves; or injury suffered was only slight. In the third in mutiny, the a. By firing upon the pilot or the
 There is intent to circumstance which will qualify piracy, the word offenders are member of the crew or
kill. “physical injuries” is used in its generic sense. necessarily, passenger of the aircraft; or
3. Whenever the crime is Therefore, whatever be of kind of physical ordinarily inside the b. By exploding or attempting to
accompanied by murder, injuries, whether serious or slight for as long as vessel because they explode by mean of a bomb
homicide, physical injuries it was accompanied by piracy, it will be are members of the or explosive for purposes of
or rape considered as qualified piracy. complement or destroying the aircraft; or
 Whenever these passengers of the c. Whenever the crime is
four crimes Q: What if in the same problem, the woman didn’t want to vessel. accompanied by murder,
accompanied the give the ring and one of the men touched the private parts homicide, serious physical
act of piracy, it will of the said woman and after touching the private parts of ANTI-HIJACKING LAW (R.A. No. 6235 otherwise injuries or rape
not bring about a the said woman with lust, he forcibly took the ring. What known as An Act Prohibiting Certain Acts inimical to
separate and crime is committed by the said men? Civil Aviation)  NOTE: In case of piracy, the
distinct crime or a Under RA 6235, there are four prohibited acts. law uses the word “physical
A: All of them will be liable for piracy. However,
separate and injuries” in its generic sense.
the man who touched the private part of the 1. By compelling the pilot of an aircraft of Philippine
distinct charge of Whatever be the kind of
woman will be liable for two crimes: piracy and registry to change its course or destination OR
murder, homicide, physical injury that will
acts of lasciviousness. Acts of lasciviousness is by seizing or usurping control thereof while it is
physical injuries or accompany piracy, the crime
not mentioned in Article 123. Therefore, its in flight
rape. These crimes committed is qualified
presence will not qualify piracy. It will bring
are absorbed piracy. But in case of
about a separate and distinct charge of acts of 2. By compelling an aircraft of foreign registry to
because they are hijacking under RA 6235,
lasciviousness. land in Philippine territory OR by seizing or
circumstances the law is specific; it
 So, only these four crimes (murder, homicide, usurping control thereof while the same is in
which will qualify must be serious physical
physical injuries and rape) will qualify piracy. If Philippine territory
the penalty to injuries. Therefore, if the
death. other crime is committed and accompanied by physical injuries that would
piracy and is not among these four crimes  These are the first two prohibited acts. How
NOTE: These circumstances are accompany the act of
mentioned in Article 123, it will bring about a could you distinguish the first act from the
separate and distinct from each usurpation and seizure of
separate and distinct charge. second act?
other. It is not necessary that all of the aircraft would only be
 If the aircraft is of Philippine
themmust be present. The presence less serious physical injuries
registry, the seizure or usurpation
of one will qualify piracy. Notice the or slight physical injuries,
to amount in violation of RA 6235,
conjunction OR. These are qualifying QUALIFIED MUTINY the penalty is not qualified.
requires that the aircraft must be in
circumstances which are prejudicial  Insofar as mutiny is concerned, what are the The penalty is qualified
flight. An aircraft is in flight the
to the accused therefore they must circumstances which will qualify mutiny? because from the penalty of
moment all its external doors had
be strictly construed.  In Article 123, there is no specific mention 12 to 20 years, it would
been closed, following embarkation
of qualified mutiny, however according to become 15 years to death.
until any of it external doors had
ILLUSTRATION: Reyes and other legal luminaries, of the
been opened for purposes of
three circumstances stated in Article 123, 3. By carrying or loading on board a PASSENGER
Q: What if the vessel is on Philippine waters, and there disembarkation.
paragraphs 2 and 3 are considered as AIRCRAFT operating as a public utility in the
comes a second vessel. Four men from the second vessel  On the other hand, if the aircraft is
circumstances which will qualify mutiny. Philippines materials or substances which are
boarded the first vessel and at gunpoint, they asked the of foreign registry, the seizure or
That is: explosive, flammable, corrosive or poisonous
passengers to give to them all their valuables. One woman usurpation did not need while it is
1. whenever the offenders 4. By shipping, carrying or loading on board a
didn’t want to give her wedding ring because it was so in flight. For as long as the aircraft
have abandoned their CARGO AIRCRAFT operating as a public utility in
precious to her and so one of the men forcibly took the of foreign registry is within the
victims without means of the Philippines materials or substances which are
wedding ring from the finger such that the finger was Philippine territory, seizure or
saving themselves; or explosive, flammable, corrosive or poisonous in a
severed from it. What crime is committed? usurpation thereof will bring about
2. whenever the crime is manner not in accordance with the rules and
A: QUALIFIED PIRACY because piracy was violation of RA 6235 even if all its
accompanied with regulations of the Air Transportation Office
accompanied by physical injuries. doors are opened; even if it is not
murder, homicide, in flight.
physical injuries or rape HOW WOULD YOU DISTINGUISH THE 3RD FROM THE

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 If the aircraft is a PASSENGER AIRCRAFT, private persons; person has been charged of terrorism, or any act  The offender is a public
the mere act of carrying or loading 4. Article 248 (Murder); punishable under RA 9372, based on the valid officer or employee. BUT
explosive, flammable, corrosive or 5. Article 267 (Kidnapping and Serious Illegal Detention); complaint or information, sufficient information NOT ALL PUBLIC OFFICERS
poisonous substances will immediately 6. Article 324 (Crimes Involving Destruction, and substance to bring about and thereafter he OR EMPLOYEES can commit
constitute a violation of RA 6235. or under is acquitted or the case is dismissed, he can no arbitrary detention. The public
 If however the aircraft is a CARGO 1. Presidential Decree No. 1613 (The Law on Arson); longer be subsequently prosecuted for any other officer of employee can commit
AIRCRAFT, the loading of these poisonous 2. Republic Act No. 6969 (Toxic Substances and Hazardous felony or offense necessarily included in the arbitrary detention are only
substances, flammable substances, is and Nuclear Waste Control Act of 1990); crime charged. The crime of kidnapping and those who have been
allowed because it is a cargo aircraft. The 3. Republic Act No. 5207, (Atomic Energy Regulatory and serious illegal detention is necessarily included in vested with authority to
crime will only arise if such act of loading is Liability Act of 1968); terrorism because it is one of the predicate effect arrest and detain a
not in accordance with the rules and 4. Republic Act No. 6235 (Anti-Hijacking Law); crimes. Likewise, violation of PD 1866, as person or at least to cause
regulations of the Air Transportation Office. 5. Presidential Decree No. 532 (Anti-piracy and Anti-highway amended Illegal and Unlawful Possession of the detention of a person.
Robbery Law of 1974); and, Firearms is also necessarily included in terrorism Public officers who have been vested
HUMAN SECURITY ACT OF 2007 (R.A. No. 9372) 6. Presidential Decree No. 1866, as amended (Decree because it is one of the predicated crimes in with authority to effects arrest and
Q: What if there is a bus and the bus is parked at Codifying the Laws on Illegal and Unlawful Possession, terrorism. Or any of these predicated crimes, he detain a person are POLICE
Lunetapark and it was full of children. And here comes X, X Manufacture, Dealing in, Acquisition or Disposition of can no longer be charged because they are OFFICERS. On the other hand, public
had different kinds of explosive all over his body. And at Firearms, Ammunitions or Explosives) necessarily included in terrorism. This is known officers vested with authority to
gunpoint, entered the said bus and told the children to keep as the ABSORPTION PRINCIPLE in terrorism. cause the detention of a person are
quiet. Thereafter, there is a cartolina on the glass window of If the offender commits any of these crimes MEMBERS OF CONGRESS. They can
the said bus. Written on the cartolina were his demands to under the RPC and any of the crimes under Q: But what if in the same problem, while X was waiting for order the detention of a person who
the government. His demands were first, that his brother, a special penal laws, thereby sowing and creating his demands to be given by the government, he saw a girl has been cited of contempt for failing
member of NPA and who is being incarcerated by the a condition widespread and extraordinary fear and with lewd design, he touched the private parts of the to accurate their proof, or we have
military be released and his second demand, was that funds and panic among the populace in order to coerce seven-year old girl. Therefore he committed a violation of RA JUDGES they can order the summary
be transferred to his account. So these were the demands the government to give in to an unlawful 7610 the Anti-Child Abuse Law. He was acquitted of detention of persons cited in
made by X against the government. Because of this, the demand, he is liable of terrorism and the penalty terrorism. Can the state prosecute him for violation of RA contempt of court.
parents of the children arrived, the media arrived, all the is 40 years imprisonment without the benefit of 7610? 2. That he detains a person
cabinet secretaries arrived. Only the president did not arrive. parole under the Indeterminate Sentence Law. A: Yes, because it is not among the The second element requires that the
So everybody was there. They were afraid that the children So it is the maximum penalty of 40 years. He has predicate crimes. It is not a crime necessarily offender detains a person.
might die so there was chaos in the entire Philippines. It to serve it totally. Even if he has already served included in the crime of terrorism.  So when is there detention?
took the members of the military and police 12 hours to the minimum, he cannot be given the benefit of  There is detention when the
subdue X. So after 12 hours, they were able to arrest X. parole under the Indeterminate Sentence Law. TITLE TWO offended party is placed in
What crime, if any, may be filed against X? So it is necessary that he must commit any of incarceration. When the
A: X will be charged of the crime of these predicate crimes and after committing offended party is placed behind
STATE (Articles 124 – 133)
terrorism under RA 9372, the Human Security these predicate crimes, where lies the bars or when the offended
Act of 2007. Under Section 3 of Ra 9372, difference? Because his act that sowed and party is restrained of his person
The acts under TITLE TWO are made criminal because they or liberty.
terrorism is committed when the offender created fear and panic among the populace
both appease the Bill of Rights. The rights stated under the  In order to amount arbitrary
commits any of the following acts punishable coupled with an unlawful demand against the
Constitution and the first of these is under ARTICLE 124, detention there must be an
under the RPC: government.
125 and 126 – Arbitrary Detention. act of restraint on the
a. Piracy
b. Rebellion person or liberty of the
Q: So let us say that X was charged with terrorism based on
c. Coup d’Etat 3 KINDS OF ARBITRARY DETENTION: offended party. Absent that
a valid complaint or information a case of terrorism was filed
d. Murder 1. Arbitrary Detention by detaining a person intent, absent the actual
against him before the RTC. However, after trial on the
e. Kidnapping and Serious Illegal without legal ground under Article 124 restraint on the person or
merits, the judge acquitted him. According to the judge, the
Detention 2. Arbitrary Detention by failing to deliver the liberty of the offended party –
prosecution failed to prove the guilt of the accused beyond
f. Crimes involving Destruction detained person to the proper judicial authorities It can be any other crime
reasonable doubt therefore acquittal for reasonable doubt.
within 12, 18 or 36 hours under Article 125 BUT NOT ARBITRARY
Since he is acquitted of terrorism under RA 9372, can he still
3. Arbitrary Detention by delaying the release of DETENTION. Therefore,
If the offender commits any of these acts be prosecuted for his predicate crime of kidnapping and
prisoners despite the judicial or executive order Supreme Court said that intent
punishable under the RPC or any of the following illegal detention because he detained the children for more
to do so under Article 126 to detain must be manifest, it
acts punishable under special penal laws: than 12 hours? Can he still be prosecuted for Illegal and
must be evident. Absent that,
Unlawful Possession of Firearms, Ammunitions or Explosives
ARTICLE124 – ARBITRARY DETENTION BY it can be any other crime but
1. Article 122 (Piracy in General and Mutiny in the High Seas because he was full of firearms and ammunitions and
or in the Philippine Waters); explosives?
A: No more. Because of Section 49 of RA ELEMENTS:
2. Article 134 (Rebellion or Insurrection); 3. That the detention is without legal grounds
3. Article 134-a (Coup d’Etat), including acts committed by 9372. Under Section 49 of RA 9372, whenever a 1. That the offender is a public officer or employee
 Who is the offender in Article 124?

Page 5
The third element requires that the A: YES, he is liable ofARBITRARY JUDICIAL AUTHORITIES WITHIN 12, 18 OR 36 arrested is the one
detention must be without legal ground. DETENTION. He is a public officer vested with HOURS who committed the
 So when is detention without authority to effect arrest and detain a person. If ELEMENTS: crime. This is
legal grounds under Article 124? he detained the person, the detention was 1. The offender here is a public officer or otherwise known as
 1. When the said offended without legal ground. It is without legal ground employee vested with authority to effect HOT PURSUIT
party was arrested without a because entering a one way street and violating arrest and detain a person ARREST.
warrant of arrest. the traffic rules and regulation is not a ground 2. That offender has detained a person for c.) When the person to
2. When the said offended for incarceration. It is not a ground for a person some legal ground be arrested is a
party was arrested and his to be placed behind bars. If a person committed The second element requires that the prisoner who has
arrest and detention does not a violation of traffic rules and regulation like offender arrests and detains a person escaped from a
fall under any of the entering a one way street or beating the red for some legal ground. penal establishment
circumstances or a valid light, he should only be given a ticket. There  What are these legal grounds or a place where he
warrantless arrest. should not even be a confiscation of license. referred to under Article 125? is serving final
3. When he is not suffering After that, he should be allowed to leave but that  The legal ground being referred sentence or
from violent insanity or any is not a ground for him to be placed under to in Article 125 is not the fact temporarily
other ailment which requires detention. Since the officer detained the person that the said arrest was made detained while his
compulsory confinement. without any legal ground HE IS LIABLE FOR by virtue of a warrant of arrest case is pending, or
 All of these are not ARBITRARY DETENTION. because if the offended party has escaped while
considered valid was arrested by the public being transferred
grounds for Q: What if X is suspected to be a snatcher and many officer by virtue of a valid from one penal
detention. complaints was filed against him. One time, when the police warrant of arrest he does not institution to
 So to reverse, what are the valid officers were conducting a patrol they saw X who was have the obligation to deliver another.
grounds for detention? perhaps waiting for a ride. When the police officers saw X him to the proper judicial  These are the
 The following are valid grounds they immediately arrested X and brought him to the nearest authorities. circumstances
for detention: police station. They told X that he is to be investigated for  So what are these valid instances in for a valid
a.) If the person does not he is said to be a cellphone snatcher. So he was brought to arresting a person? warrantless
receive and detained by the investigation room however, the investigation officer was  These refer to circumstances of arrest. These
virtue of a warrant of not around so the arresting officer told him that he needs to valid warrantless arrests under are the
arrest. be investigated and that he can leave but he must make Section 5 Rule 112 of the Rules circumstances
b.) If a person was arrested sure to come back for purposes of investigation otherwise if of Court. It requires that a referred to in
and detained under any he does not come back the next time they see him they will peace officer or a private the second
of the circumstances for a kill him. So because of that, X would get out of the precinct individual may even without a element of
valid warrantless arrest but would immediately return. Are the police officers liable warrant arrest a person under Article 125.
c.) If a person was suffering for arbitrary detention? the following circumstances:
violent insanity or any A: NO, the police officers are not liable for a.) That in his presence 3. That the offender fails to deliver the person
illness which requires arbitrary detention. There is no intent to the person to be arrested to the proper judicial authorities
compulsory confinement. restrain or detain the person or liberty of X, the arrested has within 12, 18 or 36 hours.
 These are the valid offended party. In order to amount to arbitrary committed, is The third element requires that that the
ground for the detention it is necessary that the intent of the actually committing, offender fails to deliver the person arrested
arrest and detention public officer to restrain the person or liberty of or is attempting to to the proper judicial authorities within 12,
of a person. the offended party must be manifest and it must commit a crime. 18 or 36 hours.
be evident. In this case however, it is not. This is otherwise  What do you mean by delivery?
ILLUSTRATION: known as  Delivery does not mean that
Q: So if a person, driving his vehicle entered a one way  Even if there is a threat on the part of the police INFLAGRANTE you really have to deliver the
street and in violation of the LTO rules and regulation, was officer there is however no intent to detain X. DELICTO ARREST physical body of the person
stopped by police officer, his license was taken and gave What are the crimes if any are the police officer b.) When a crime has arrested to the court. It means
him a ticket and was bought to the nearest PNP station and liable for? in fact just been constructive delivery or legal
was placed behind bars. He was detained. That was 8  They committed GRAVE THREATS committed, and the delivery, meaning, the filing of
o’clock in the morning then the arresting officer left. And on because they threatened to kill X if he police officer has the appropriate case before the
the afternoon, the police officer returned to the police would not come back. It is the grave probable cause to proper court. That is delivery to
station. Upon his arrival, he immediately released the threats that made X come back in the believe based on proper judicial authorities -
incarcerated person whom he detained for entering a one police station. personal knowledge filing of the case before the
way street. Is the said police officer liable for arbitrary of facts and proper court.
detention under Article 124? ARTICLE125 – ARBITRARY DETENTION BY FAILING circumstances that  The law says that a public officer
TO DELIVER THE DETAINED PERSON TO THE PROPER the person to be must deliver to the proper judicial

Page 6
authorities. So judicial authority, means all their equivalent refers to their  Example of judicial order for the release of a  What the law prohibits is that if this public officer
what does it mean? equivalent even in cases of violation of special prisoner let’s say that a person has been charged or employee expels him from the Philippines or
 The proper judicial authorities penal laws. Therefore, even if the crime in court and the public prosecutor failed to compels him to change his residence without
refers to COURTS OF JUSTICES committed or the crime for which the offender is present any evidence for consecutive times and lawful authority to do so because there are
OR JUDGES OF THE COURTS being arrested is based on violation of special no witnesses has ever been presented since the persons who have been authorized by law to
THAT HAS THE POWER TO penal laws, the arresting police officer has the beginning. The judge will dismiss the case and deport a person from the Philippines or to
ORDER THE INCARCERATION obligation to deliver the person arrested to the order the release of the accused from jail. This is compel a person to change his residence.
OR DETENTION OF A PERSON proper judicial authorities in consonance with an example of a judicial order for the release of
OR HIS TEMPORARY RESTRAIN Article 125 of the Revised Penal Code. a prisoner. Or let’s say the judge acquitted the  For example, the President has the power to
UPON POSTING OF accused then he will order the release of the said deport or expel a person from the Philippines.
APPROPRIATE COMPLAIN. Q: What if the police officers caught X in the actual act of accused from jail. Another example is a foreigner who is known to
killing Y. So they saw X and Y fighting and they saw X  How about an example of an executive order for be a persona non grata; the President may order
The FISCAL does not belong to stabbed Y to death. Therefore, X is liable of homicide. They a release of a prisoner? A person was arrested his deportation to his home.
the proper judicial authority arrested X and that was Saturday, 3 o’clock in the afternoon. and placed behind bars and proceeding was filed
because he belongs to the Sunday, there is no office. The following day, Monday, before the fiscal’s office. The fiscal ordered the  The courts on the other hand, have the power to
executive branch. The Fiscal is happens to be declared a special non-working holiday. release of the prisoner. This is an example of compel a person to change his place of
under the Department of Therefore, the police officers were able to deliver X to the executive order for the release the prisoner. residence. Let’s say the offender is a concubine
Justice and not under the proper judicial officer only on Tuesday, 8 o’clock in the and the penalty to be imposed to a concubine is
Supreme Court. The head of morning. They were able to file the case in the Fiscal’s office Q: What if X has been charged of two crimes - Illegal sales destierro. Therefore, the concubine is prohibited
the Fiscal is Secretary De Lima for purposes of proceedings Tuesday, 8 o’clock in the of dangerous drugs and illegal possession of dangerous from entering a particular place based on the
and the President and not Chief morning, beyond 36 hours which was required by law. Are drugs? So, two crimes were filed against him. The illegal judgment of the court. Now, theprohibited place
Justice Sereno. That’s why a the police officers liable for arbitrary detention? possession of dangerous drugs was filed before the RTC from which she is prohibited from entering is the
Fiscal is not within the meaning A: NO, the police officers are not liable for Branch 6 on the other hand; the illegal sale was filed before place where she lives. She cannot enter the said
of a judicial authority. Second, arbitrary detention. The Secretary of the RTC Branch 87. Two different courts were filed with. In the place therefore; the court is empowered to
the fiscal may fix or the fiscal Department of Justice has made a legal opinion illegal possession of dangerous drugs which was filed in RTC compel her to change her place of residence
may recommend the bail but he that the said 12, 18 and 36 hours refers to Branch 6, no witnesses were ever presented and so the because she cannot enter the place wherein her
does not have the power to fix WORKING HOURS. These refer to the time when judge immediately declared the dismissal of the case and he house is situated.
the bail and allow the accused the courts are open in order to receive the cases ordered that X should already be released from jail.
to go on temporary liberty. to be filed against them. This does not include However, the case for illegal sale of dangerous drugs under VIOLATION OF DOMICILE (ARTICLE 128, 129, 130)
Only the judges are allowed to the crime wherein the courts are closed and they RTC Branch 87 is still ongoing. The jail warden receives the  a public officer or employee entered into a
fix the bail and order the did not receive the complaint or information to order coming from the judge RTC Branch 6 that X should be dwelling of another which is not armed with a
temporary liberty of the be filed against the accused. released. The jail warden did not compel. Is the jail warden search warrant
accused until upon the posting liable for arbitrary detention under Article 126 - Arbitrary  different prohibited acts constituting violation of
of the said bail. ARTICLE126 – ARBITRARY DETENTION BY Detention by delaying the release of prisoners despite the domicile:
DELAYING THE RELEASE OF PRISONERS DESPITE judicial or executive order to do so?
I. By entering any dwelling against the
The law says that a public officer must deliver the person THE JUDICIAL OR EXECUTIVE ORDER TO DO SO A: NO, the jail warden is not liable for will of the owner thereof; or
arrested to proper judicial authority within: ELEMENTS: arbitrary detention under Article 126
II. By searching papers or other effects
a) 12 hours, for crimes punishable by light because there is still another pending case
1. The offender is a public officer or employee found therein without the previous
penalties, or their equivalent against the said prisoner before another court.
2. That there is a judicial or executive order consent of such owner; or
b) 18 hours, for crimes punishable by correctional Therefore, it is incumbent upon him not to
for the release of the prisoner or detention III. By refusing to leave the premises,
penalties, or their equivalent compel with the judge of Branch 6 since there is
prisoner, or that there is a proceeding after having surreptitiously entered
c) 36 hours, for crimes punishable by afflictive or another case in Branch 87 which is still ongoing.
upon a petition for the liberation of such
capital penalties, or their equivalent What the law punishes is delay without valid
reason for the release of the prisoner.
3. That the offender without good/valid
ILLUSTRATION: reason delays: (1) the service of the notice
of such order to the prisoner; or (2) the ARTICLE127 – EXPULSION 1. The offender is a public officer or employee
Q: What if a person has been arrested Inflagrante Delicto in
performance of such judicial or executive Expulsion is committed by public officers or employees who
possession of an unlicensed firearm. Possession of
order for the release of the prisoner; or (3) shall expel any person from the Philippines or who compels  Who is the offender in the violation of domicile?
unlicensed firearm is punished by a special penal law (P.D.
the proceeding upon a petition for the him to change his residence without any lawful authority to  He must be a public officer or employee
1866 as amended). Is the arresting officer required to
release of such person. do so.Again, the offender is a public officer or employee who acting under color of authority
deliver the accused to the proper judicial authorities? Does
NOTE: What is punishable is the delay without valid reason, acts either:  A public officer or employee is said to be
Article 125 apply even to violation of special penal laws?
the delay of the release of the prisoner despite the judicial a.) By expelling a person from the Philippines acting under color of authority if he has
A: Yes, because the law says “or their
or executive order to do so. b.) By compelling a person to change his been vested with the authority to
equivalent”. 12 hours, for crimes punishable
residence implement a search warrant, but when he
by light penalties, or their equivalent. That

Page 7
entered in the said dwelling, he is not opposition or prohibition from entering. Under the A: This time, they are liable for violation of
armed with a search warrant. Therefore, 2. By searching papers or other effects found second act, he did not conduct a search. Under domicile because they made a search without
he was acting under color of authority. therein without the previous consent of the the third act, is the entering done surreptitiously? the previous consent of the owner – under the
 Even if he is a public officer or employee, owner; or – NO, because the door of the house was opened; second act of Art. 128
but he did not act under color of authority, - The consent of the owner matters. Even if the public therefore, he did not violate any of the following
is liable only, not for violation of domicile, officer or employee is allowed inside, the fact that he acts amounting to violation of domicile. Q: What if in the same problem, the owner of the house told
but is either liable for qualified trespass to is allowed inside does not mean that he is allowed to  But he did not leave the house, although the the police officers, “No you cannot conduct a search, there is
dwelling or trespass to property because conduct the search. owner of the house asked him to leave. Is he nothing stolen inside my house” The police officers obliged,
the public officer or employee is acting - He must ask first for the previous consent of the liable? they were going to leave the house, obeying the order of the
under his private capacity. owner before proceeding with the search. Without the  Yes. He is liable for unjust owner. However, on their way out, before they could go out,
previous consent of the owner to conduct the search, vexation. (Nangiinislangsiya) they saw near the door, a table and on top of it, there were
2. He was not authorized by a judicial order to any search would be a violation of domicile.  Although he did not the house, drug paraphernalia, contraband. And so, they seized and
enter the dwelling and/or make a search therein he cannot be liable for violation confiscated the contraband and then thereafter they leave
for papers or other effects 3. By refusing to leave the premises, after having of domicile because his act does the house. Are they liable for violation of domicile? Are the
 The second element requires that surreptitiously entered the dwelling not constitute the acts prohibited evidences confiscated admissible against the owner?
entering upon the dwelling of - it is his refusal to leave the premises that will bring by Article 128. A: They are not liable of violation of
another which is not authorized by a about the violation of domicile, NOT the surreptitiously domicile. When they were told not to conduct
judicial order. The judicial order entering. But it is required that entering must be done Q: The door of the house was closed, but it was not locked. the search, they did not conduct the search and
refers to a search warrant surreptitiously. A police officer without a search warrant opened the door, they were about to leave, therefore, not liable
- Surreptitious entering means entering the dwelling realizing it was not locked, entered the house and went up for violation of domicile. But they confiscated the
3. He either enters the dwelling of another against secretly, candidly. to the sala intending to conduct the search. Before he could drug paraphernalia that they saw. Yes, the
the will of the latter or searching for papers or - Therefore, it is important that he mus-t refuse to leave conduct the search, the owner of the house saw him, and confiscated drug paraphernalia were admissible
other effects found therein without the consent after being discovered and asked to leave in order to told him to leave and he left. Is he liable for violation of against the owner because they were
of the owner, or after having surreptitiously amount to violation of domicile. domicile? contraband. They are illegal per se. And the
entered the dwelling, being discovered and A: Yes. He is laible for violation of domicile. police officers saw them without conducting the
- Mere surreptitious entering will not bring about
asked to leave, he refuses to leave. Even if he left the said place upon being told to search, they saw them inadvertently. Even
violation of domicile.
do it, he is already liable because his entry was without conducting the search, the police officers
The third elements provides for the different modes against the will of the owner. The door was would see contraband, narcotics, in their
ILLUSTRATION: presence, in their plain view, they are mandated
of violation of domicile closed although it was not locked. Therefore,
Q:What if the door of the house was opened, a police officer there was an implied opposition, an implied by law to seize and confiscate the same under
(These three modes are separate and distinct from each without being armed with a search warrant, entered the
prohibition from entering.When he entered the plain view doctrine. So in this case, these
other – do not look for all the three modes in a problem, door of the house and went up to the sala. The owner of the without a search warrant intending to conduct a drug paraphernalia where under the plain view
violation of one of them will bring about violation of house saw him and asked him to leave, and he left. Is he
search is already a violation of domicile and therefore under the obligation to seize and
domicile) liable for violation of domicile? confiscate them and these are admissible as
A: He is not liable for violation of domicile. evidence against the owner of the house.
1. By entering any dwelling against the will of the Q: What if the police officer knocked on the door of the
When the door of the house is open, there is no
owner thereof; or house of X. X opened the door, upon seeing the public
prohibition; there is no opposition from entering. Q: What if a police officer was conducting a surveillance of
There must a prohibition, an opposition from entering. officers, X allowed them to enter. The police officer told X
- Anybody may enter even without a search X, a well-known drug pusher, so he was always within the
It can either be an implied or expressed opposition that they were looking for a stolen car stereo in the
warrant; therefore, since there is no prohibition vicinity of the house of X. One time, it was the birthday of X,
from entering. neighborhood; we are going to conduct a search in your
or opposition from entering, violation of domicile the gate of the house was open, and the door of the house
house. X said, "No, you cannot conduct a search inside my
Example: cannot be committed under the first act. Under was opened. The police officer disguised himself as one of
house”. The police officers agreed and left the house. Are
implied opposition – the door is closed. It can the second act, it cannot be committed because the guests and he entered the house together with the flow
they liable for violation of domicile?
be said that the owner is saying that “No one he did not conduct the search. The third act also of the guests. His intention was to conduct a search. He was
can enter my house” not done because the entering of the house is A: They are not liable. It is not entry against
the will. They did not conduct a search. The already about to conduct the search when the owner of the
expressed prohibition – when the owner is not done surreptitiously. house recognized him. The owner of the house came up to
inside the house and the officer knocks upon entry was not done surreptitiously. It does not
fall any of the acts, therefore, they are not liable him. “I know you, you are a police officer. Get out of my
the door and upon seeing the officer, the Q: What if in the same problem, the door of the house was house right now” and he left. Is he liable for violation of
owner closes the door. for violation of domicile.
opened, a public officer with the intent to conduct a search domicile?
if there are sayings – “Do not enter”, “No warrant entered the house, when he was in the sala, the
Q: In the same problem, when they told the owner that they A: No, he is not liable for violation of
entry” owner of the house saw him and told him to leave. He did
were conducting a search for the stolen car stereo, the domicile. The entry was done surreptitiously,
- It does not mean entering without the consent. An not leave; he just stayed there and sat on the sofa. Is he secretly, candidly, he was in disguise. It was not
entry without the consent is not an entry against the owner of the house said, “No, you cannot conduct a search.
liable for violation of domicile? against the will of the owner because the gates
will. There is nothing stolen inside my house” but the police
A: He is not liable for violation of domicile. and the door were open. He did not conduct the
- When you say entry against the will, there must be an officers proceeded with the search.
Under the first act, is entry against the will? – NO, search because the owner saw him before he
opposition or a prohibition from entering the dwelling. the door was opened. Therefore, there was no could do so. The entry was done surreptitiously.

Page 8
He was discovered and ordered to leave, and he illegally procured without just cause is a kin to a  A search warrant is valid only for a period of  In that case, when there is variance between
left. Therefore, he is not liable for violation of search without a search warrant. 10 days from the date of its issuance what is stated in the search warrant and the
domicile appearing on the search warrant. actual facts of the case to be searched, the have
 However, upon being discovered and ordered to Q: What if the police officer was armed with a search to go back to the judge that issued the said
leave and stayed in the house. warrant, he procured the search warrant illegally without ILLUSTRATION: search warrant and they have to ask or move for
 Here, he is not liable for violation just cause. The police had an enemy, B, then proceeded to a A search warrant was dated Dec. 1, a police officer received the amendment of the said search warrant.
of domicile. judge to issue a search warrant testifying under oath, the he it on Dec 3. The search was conducted Dec. 13. The said
is positive under his surveillance that B was in possession of search warrant is already invalid. Q: What if the third punishable act under Art. 129
 Under Articles 129 and 130, there is still violation of an unlicensed firearm inside his house. The judge believed  When they conducted the said search on amounting to the violation of domicile, when the public
domicile despite the public officer or employee is the police and issued a search warrant against B. The police Dec. 13, they already exceeded the authority officer or employee exercised excessive severity in the
armed with a search warrant. officer is now armed with a search warrant, and went to the in the said search warrant. Therefore, they implementation of the said search warrant.
house of B and showed it to B. B, upon reading the search are liable of violation of domicile under
warrant, knew it was maliciously procured, it was procured Article 129. What if a search warrant is issued against X, the
without just cause. Should B allow the police officer to police officers went to the house of X, upon reaching the
OBTAINED AND ABUSE IN THE SERVICE OF THOSE Q: What if the said search warrant says that they could house of X, they showed the warrant to X and he allowed
A: Yes. Even if the said search warrant was conduct the search, anytime of the day. They conducted the them to enter. The search warrant said that they could
procured without just cause, the police officer search at night time. search for dangerous drugs, particularly, shabu. In searching
 Prohibited acts – violation of domicile is
must be allowed to enter and conduct the for shabu, they turned upside down and deliberately
committed through: A: They are liable of violation of domicile
search, because of the so-called, REGULARITY destroyed each and every furniture and appliance inside the
I. By procuring a search warrant under Article 129 because they exceeded the
OF PERFORMANCE OF DUTY on the part of the house of X. When the wife of X saw this, she told the police
without just cause authority in the said search warrant.
judge in issuing the said search warrant. He is officers to stop, but she was slapped twice. she then
 When a public officer or armed with a search warrant issued by the judge suffered less serious physical injuries. In deliberately
employee conducts a search and and therefore, he must allow him to enter his A search warrant may only be conducted at day time. It may destroying the furniture and appliances of X, the public
the search warrant was an house and to conduct his search. only be implemented at day time, EXCEPTIONS: officers committed malicious mischief. In slapping the wife,
illegally procured search warrant.  What now would be the remedy of the  When there is a specific order in the they committed less serious physical injuries. What
It was procured without just owner of the house? search warrant stating that if can be crime/crimes would you file against the police officers?
cause.  The owner of the house has the conducted at anytime of the day or
A: You have to file 3 cases:
following remedies: night.
1. Violation of domicile – because they
SEARCH WARRANT – is an order in writing, issued in the 1.) He can file a motion to quash  Absence of such order in the said exercised excessive severity in the
name of the People of the Philippines, signed by a judge and the said warrant search warrant, a search warrant can implementation of the said search
directed to a peace officer, commanding him to search for 2.) He can file a motion to only be implemented at day time. warrant. They need not destroy the
personal property described therein and to bring to court the suppress the evidence that property. They need not slap the wife.
particular things to be seized. have been confiscated inside Q: What if a search warrant was issued against X, the place All of these are excess of the search
the house. to be search is located at 123 valentiono St. They police warrant.
Before a search warrant may be issue, the following  In addition to these motions, he went there. The house was owned not by X, but by Y. So  Therefore they should be
are the requisites to a valid search warrant: can file a case of violation of they look for the house of X, the house of X was 321 filed in violation of Art. 129,
1.) It is required that it is for one specific offense. domicile against the said public valentino St. They presented a search warrant to X. X said, violation of domicile, for
2.) There must be probable cause officer who conducted the search. “you cannot conduct a search inside my house. The address exercising excessive severity.
Violation of domicile under Art. in the search warrant is 123 valentinost. and my address is
3.) The probable cause must be determined personally by 2. Malicious mischief – for destroying the
129 because he procured the said 321 valentinost. Nevertheless, the officers conducted the furniture and appliances
the issuing judge
search warrant without just search and they found the illegal items inside the house. Are
4.) The said probable cause was determined by the 3. less serious physical injuries – for
cause. the police officers liable of violation of domicile? Are the
issuing judge personally through searching questions slapping the wife
confiscated admissible evidence against the owner?
and answers in writing, under oath or affirmation as  So in other words, the said police
officers must be allowed to enter A: The officers are liable for the violation of
the testimony given by applicant of the said search  Are you going to file all 3 cases or is it absorbed and
and allowed to conduct the search domicile. When they conducted the said search,
warrant or any witnesses he may produce. must be file within the court?
and the owner of the house shall on a house that has a different address from that
5.) The applicant of the search warrant and his witnesses  Violation of domicile cannot absorb malicious
have the abovementioned said search warrant, they exceeded their
must testify only as to facts personally known to them authority in the said search warrant. The search mischief nor less serious physical injuries.
remedies thereafter.
6.) The said search warrant must specifically state the warrant is so worded, expressly, as to the thing  Although in reality, these two are merely the
place to be searched and the place to be seized. or place to be searched. The police officer cannot manifestations of the excess in the
II. By exceeding his authority or by using implementation of the said search warrant,
exercise discretion. They have to follow what is
unnecessary severity in executing a they cannot be absorbed, they cannot be
- If any of these requisites is wanting, then the said stated in the search warrant. The moment they
search warrant legally procured complex. Under Art. 129, he expressly
search warrant is illegally procured. It is procured did not follow what is stated in the search
without just cause warrant, then they exceeded the authority. prohibits such absorption and such
- A search conducted by virtue of a search warrant complexity of crimes

Page 9
 Under Article 129, the liability for violation of said search. Therefore, the said search was ARTICLE132 – INTERRUPTION OF RELIGIOUS where the offender can be a
domicile shall be in addition to the liability conducted in violation of Article 130 and any WORSHIP private individual. From Article
attaching to the offender for commission of evidence confiscated will be inadmissible ELEMENTS: 124 to Article 132 under Title
any other crime. Therefore, if aside from against the owner of the house for being 1. This is committed by an offender who is Two, the offender can ONLY be
violation of domicile, Another crime is fruits of poisonous tree under the again a public officer or employee. a public officer or employee.
committed by the police officers, they had to exclusionary rule in Political Law 2. Then there is a religious ceremony or The only exception is Article
be charged with all these cases. Art. 129 manifestations of any religion are about to 133, offending the religious
prohibits the complexing of a crime. It also GALVANTE VS. CASIMIRO take place or are going on. feelings wherein the offender
prohibits the absorption of this crime, The Supreme Court says, 3. That the offender prevents or disturbs the can either be a public officer or
therefore all 3 cases must be filed against said religious worship or religious employee or a private
“There is no such crime as illegal search. So,
the said police officers. ceremony. individual. The reason is,
what is prohibited only the searching of the dwelling under
 If the offender makes us of violence or threats whoever may be the offender,
Article 129. But, in case of search under vehicle or any other
in committing the crime, such use of violence or a public officer or employee or
places, there is no such thing as illegal search. The remedy
ARTICLE130 – SEARCHING DOMICILE WITHOUT threats would not constitute a separate and a private individual, there will
is to file an action for damages, a civil action for damages.”
WITNESSES distinct charge. Rather it is considered as an be the same offense made on
aggravating or qualifying circumstance the feelings of the faithful.
I. By conducting a search in the absence of which would mean an imposition of a higher
DISSOLUTION OF PEACEFUL MEETINGS 2. The said offender performs acts (1) in a
the owner of the house, or any member of penalty.
 This is committed by a public officer or employee place devoted to religious worship, or (2)
his family, or two witnesses residing in the who commits any of the following acts: during the celebration of any religious
same locality ILLUSTRATION:
I. By prohibiting or by interrupting, ceremony.
without legal ground, the holding of a Q: So what if there is a barrio fiesta and the priest is about
 The second element requires
ILLUSTRATION: peaceful meeting, or by dissolving to celebrate the mass. Here comes X and he went to the
that the offender performs acts
Q: What if under Article 130, violation of domicile is the same. (any peaceful meeting) priest and point the gun to the priest. Then the priest was notoriously offensive to the
committed when the search was conducted in the absence about to celebrate the mass. At first the priest did not mind feelings of the faithful. Acts
II. By hindering any person from joining
of the owner of the house, or any member of his family or him. But X intentionally pointed the gun to the head of the
any lawful association or from notoriously offensive to the
two witnesses residing from the same locality. priest and said, “I will kill you if you will celebrate the mass!”
attending any of its meetings. feelings of the faithful are those
So the priest did not celebrate the mass and all the faithful
A search warrant was issued against X and the police III. By prohibiting or hindering any acts directed against their
went out of the church. What crime if any is committed by religious dogma, ritual, faith of
officers went to the house of X. They showed the search person from addressing, either alone
X? the religion, or mocks, ridicule,
warrant to X and they were allowed inside to conduct the or together with others, any petition
search. In conducting the search, the search was witnessed A: X is liable for interruption of religious or scoffs of the said dogma,
to the authorities for the correction of
by 2 barangay tanods who came with them, who arrived worship under Article 132. What about the ritual, faith or he attempts to
abuses or redress of grievances.
with them in the house of X. in the conduct of the search, fact that he pointed a gun at the head of the damage the object of
they told the owner of the house, X, that his wife and his priest? Would it constitute a separate and veneration of a certain religion.
 For the crime to arise, it is necessary that the meeting distinct crime of grave threats? It will not. The
two children to remain in the sala while they conduct the that was prevented, interrupted or dissolved must be a The law says “notoriously
search inside the bedroom of X. In conducting the search in fact that threats were employed in the offensive”, according to Reyes,
peaceful meeting and it must be for any lawful commission of the crime would only mean the
the bedroom of X, the search was witnessed by 2 barangay purpose. If the meeting is not a peaceful meeting or if it means that it is offensive
tanods and they found 2 plastic sachets of shabu penalty will be imposed in its maximum period. to all kinds of religion. If
the meeting is not for lawful purpose, a public officer
underneath the pillow inside the bedroom of X. Are the It would be considered an aggravating the same thing would be done
or employee has all the rights to prevent, interrupt or circumstance in committing the crime of
police officers liable of violation of domicile under Article dissolve the said meeting. to any religion they will also be
130? Are the evidence seized admissible against the owner? interruption of religious worship. BUT, IT WILL offended.
A: The police officers are liable of violation of This is in the exercise of the freedom of speech, CHARGE FOR GRAVE THREATS OR EVEN UNDER 3. That the acts must be notoriously offensive
domicile under Article 130. freedom of expression and freedom of assembly. However, LIGHT THREATS. to the feelings of the faithful.
Article 130 provides for an hierarchy of witnesses these 3 freedoms are not absolute. The Supreme Court has
who must be present in the conduct of the  The third element requires that
enjoined the power of the State to regulate these meetings ARTICLE133 – OFFENDING THE RELIGIOUS
search. The law says it must witnessed by the the said acts notoriously
through permits.
owner of the house, it is only in the absence of FEELINGS offensive to the feelings of the
the owner of the house that it must be witnessed ELEMENTS: faithful can be committed only
Before any of these peaceful meetings for a lawful purpose (1) in a place devoted to
by any member of his family. It is only in the 1. Committed by a public officer or employee
absence of the owner of the house or any may be held in a public place, there must be a permit or a private individual. religious worship, or (2) during
member of his family that there must be 2 coming from the local authority of the place. The permit is  The first element provides for the celebration of any religious
witnesses residing from the same locality. only to regulate the said meeting and not to prohibit it. the offender. The offender may ceremony. The law uses the
Regulate as to the time, place and to the date, so that the word “or” therefore, if the act is
In the problem, the owner of the house was be a public officer or employee
there, the members of his family were there public would not be in inconvenience. or a private individual. This is done in a place devoted to
but, they were not allowed to witness the the only crime under Title Two religious worship, it is not

Page 10
necessary that there be a a. to remove from the allegiance to said directed against the duly constituted authorities, with ABSORPTION IN REBELLION.
religious ceremony ongoing. Government or its laws: or without civilians.
Because it can either be with or (1) the territory of the THEORY OF ABSORPTION IN REBELLION
without a religious ceremony Philippines or any part REBELLION COUP D’ETAT  Whenever in the course of committing rebellion,
for as long as the place is thereof; or murder, homicide, arson, physical injuries, other
Essence – an Armed public Essence – swift attack
devoted for religious worship. (2) any body of land, naval or common crimes are committed, and these
Uprising against the against the duly constituted
other armed forces; or Government authorities common crimes are in furtherance to, incident
ILLUSTRATION: b. to deprive the Chief Executive or to, in connection with Rebellion is considered as
Crime of the Masses, it It can be committed with or
Q: So what if X (A private individual) entered a catholic Congress, wholly or partially, of any involves a multitude of without the participation of absorbed in the crime of Rebellion. Therefore,
church after that the tabernacle was opened and he took out their powers or prerogatives. people the public because it says, only one charge of Rebellion should be charged
the chalice and inside the chalice was the host which was  The essence or the gravamen of REBELLION is : with or without civilian against the said offender.
being received by Catholics during communion. He poured - The armed uprising against the Philippine Government. support, provided it has
the host in the floor then he destroyed them, spit on them So it is a public uprising with the taking up of arms. been committed by any ENRILE v SALAZAR
and stepped on them. Is he liable under Article 133? AN ARMED PUBLIC UPRISING. member of the military, the Senator Juan Ponce Enrile was charged with the Following
A: YES. The act he performed is notoriously  In case of Rebellion, it can be committed by any police or those holding crimes:
offensive to the feelings of the Catholics. If person, or with a participation of the public. public office or employment. 1. charged with Rebellion
the same act is done to the object of veneration Purpose – Overthrow the Purpose – only to diminish 2. charged with multipleMurder
of the Buddhists or if the same act is done to the Government of the state power, to destabilize
THE LEADERS - Any person who 3. Multiple frustrated murder
object of veneration of the Muslims, they will Philippines and replace it the government, not entirely
(a) promotes 4. violation of PD 1829 – obstruction of Justice because
also be offended. Therefore, it is notoriously with the Government of the to overthrow the
offensive to the feelings of the faithful because (b) maintains or he harbored or concealed then Colonel Gregorio
Rebels government. Honasan.
even if it is applied to other religions they would (c) heads a rebellion or insurrection
Can only be committed by Can be committed not only
be offended too. And it was done in a place
means of force and violence by means of force and  What did the Supreme Court say?
devoted to religious worship because it is done THE PARTICIPANTS – Any person who
violence but also by means
inside the church even if no religious ceremony is (a) participates  The Supreme Court said:
of intimidation, threat,
ongoing. (b) executes the commands of others in rebellion or “only one charge and it should be rebellion. The
strategy or stealth
insurrection violation of PD 1829, the multiple murder and
Q: What if inside the PICC there was this art exhibit ongoing multiple frustrated murder are absorbed in
and one artist, this was a controversy before right? There THE LEADERS - Any person who Rebellion under the theory of absorption in
ARTICLE134-A – COUP D’ETAT (a) leads
was this picture of Jesus Christ and on the picture of Jesus Rebellion.”
Christ he put a representation of a penis on his face. Is the (b) directs or The Supreme Court further said that although
1. That the offender is a person or persons violation of PD 1829 is a violation of a special
said artist liable under Article 133 offending the religious (c) command others to undertake a coup d’etat
belonging to the military or police or holding any penal law, still if it is committed in furtherance of
public office or employment; Rebellion, it can still be absorbed in the crime of
A: NO. He cannot be liable for offending THE PARTICIPANTS – Any member of the
2. That it is committed by means of a swift attack Rebellion.
religious feelings under Article 133. Government who
accompanied by violence, intimidation, threat,
Because the PICC is not a place devoted for (a) participates
strategy or stealth; ILLUSTRATION:
religious worship and the art exhibit is not a (b) executes the commands of others in undertaking a coup
celebration of a religious ceremony. Therefore, 3. That the attack is directed against duly Q: What if a police officer was on his way to the office,
constituted authorities of the Republic of the d’etat
since the last element is not present even if it suddenly here comes a member of the NPA, he saw the
offends religious feelings, he cannot be held Philippines, or any military camp or installation, police officer and shot him. What crime is committed? is it
communication networks, public utilities or other Any person who is not in the Government service
liable under Article 133 for the absence of the 3 rd Rebellion or murder?
facilities needed for the exercise and continued who
element.  Rebellion can only be absorbed
possession of power; (a) Participates
common crime such as murder, if the
4. That the purpose of the attack is to seize or (b) Supports commission of the crimes was done
diminish state power. (c) Finances in furtherance of Rebellion.
134 – 160) (d) abets or Therefore, it is necessary that there
 Committed by any person or persons belonging to the (e) aids in the undertaking of a coup d’etat must be evidence shown in what way
military or police or holding any public office or the said killing has promoted,
employment, with or without civilian support, carried  What if common crimes are committed in the fostered the idea of the Rebels.
ELEMENTS: out singly or simultaneously anywhere in the Absent any connection with the
course of Rebellion?
1. That there must be (a) public uprising, and Philippines for the purpose of seizing or diminishing commission of the common crime
(b) taking arms against the Government  Common crimes committed in furtherance of,
state power. and the furtherance of rebellion, the
incident to or in connection with Rebellion are
2. That the purpose of the uprising or appropriate charge is only murder,
considered as ABSORBED in the crime of
movement is either –  The essence of COUP D’ETAT is a swift attack homicide, arson or physical injuries
Rebellion – known as the THEORY OF

Page 11
as the case maybe. commit rebellion proposes its execution to class; and 3. By means of speeches, proclamations, writings,
another person it is necessary that the other e. To despoil, for any political or social emblems, cartoon, banners, or other
A: In the case, the proper charged would person would not agree, if that person agree, end, any person, municipality or representation tending to the same end.
be murder. There was no evidence showing in then it is already conspiracy to commit rebellion province or the National Government
what way the said NPA has promoted the ideas  Conspiracy is a bilateral act which involves two of all its property or any part thereof  Inciting to Rebellion or Inciting to Sedition can
of the Rebels in killing of the said police officer. or more persons, whereas proposal is a unilateral  There is a public uprising again but no taking up only be committed by a person who is not a
Absent of that evidence, it would be a charge of act only one person decides to commit the crime of arms but it is done tumultuously by means of participant in the Rebellion or the Sedition,
murder and not rebellion. and he proposes its execution to another person. force, intimidation or any other means outside because if he is a participant in the Rebellion or
Rebellion is a continuing crime. Therefore, these  There is a conspiracy to commit coup d’etat the same the legal methods. Sedition, the appropriate charge is Rebellion or
NPA who rebelled against the Government, to way of committing it. Also the proposal to commit Sedition as the case may be. Not merely inciting
overthrow the Government, that one time coup d’etat.  Therefore, based on the objects of sedition, the to Rebellion or Sedition.
uprising is sufficient, they are already considered purposes of sedition can either be political in nature or
as rebels because it is a continuing offense. ARTICLE138 – INCITING TO REBELLION OR social in nature.  Inciting to Sedition is committed not only by
INSURRECTION inciting others for any of the purposes of
GONZALES v ABAYA Inciting to Rebellion is a crime under the Revised  The purpose of sedition is not to overthrow the sedition. Different acts of inciting to sedition:
Senator Trillanes and company was charged with 2 crimes, Penal Code. government but to go against what the I. Inciting others to the accomplishment of
coup d’etat in the RTC of Makati and the violation of articles ELEMENTS: government wants to implement. To go against a any of the acts which constitute sedition by
of war, particularly acts of unbecoming of an officer and a 1. It is committed by any person who does not take new law, an administrative order or public officer means of speeches, proclamations,
gentleman filed before the military court. While the case was up arms or is not in open hostility with the or employee. writings, emblems, etc.
pending in the RTC of Makati, the lawyer filed a petition, a Government  It is a disturbance, a commotion against the II. Uttering seditious words or speeches which
motion, saying that the violation of the articles of war should 2. he incites others to uprise for any of the lawful command of the authority. tend to disturb the public peace
be absorbed by the case filed before the RTC of Makati. Can purposes of rebellion (incite others to the  The rallies that you see everyday, the rallies III. Writing, publishing or circulating scurrilous
Coup d’etat absorb the violations of article of war? execution of any of the acts of rebellion) against a new law to be implemented, they are libels against the Government, or any of
 The Supreme Court ruled in the NEGATIVE. 3. by means of speeches, proclamations, writings, considered as ordinary protest or rallies, but the the duly constituted authorities thereof,
 According to the Supreme Court, for the emblems, banners or other representations moment they are carried outside of legal which tend to disturb the public peace.
theory of absorption to apply, it is necessary tending to the same end. methods, by means of force and violence, they
that both cases must be heard or may be will become to be a seditious act. USE OF UNLICENSED FIREARM (PD 1866 as amended
heard before the same civilian court. D’ETAT. by RA 8294 otherwise known as the laws on
 In this case, the coup d’etat must be heard  So, sedition is like any other rally, it only becomes illegal/unlawful possession, manufacture, dealing in,
in a civilian court, RTC of Makati, whereas seditious because there is the public uprising, done acquisition or disposition of firearms, ammunition or
the violations of the articles of war can be tumultuously, by means of force, violation or any other explosives or instruments used in the manufacture of
ELEMENTS: means outside of the legal method.
heard only before a military court. Therefore, firearms, ammunition or explosives)
1. That the offender rise (1) publicly, and (2)
one cannot absorb the other.
 Second reasoning given by the Supreme REBELLION SEDITION See: People vs. Ladjaalam and Celino Sr. vs. People
2. That they employ force, intimidation or other
Court, for the theory to absorption to apply, Both have a public uprising  Under Section 1 – If the use of an unlicensed
means outside of legal methods;
it is necessary that both crimes are punished firearm is in furtherance of, incident to, or in
3. That the offenders employ any of those means Objective – Political in nature Objective – can either be
by the same penal statute connection with the crime of rebellion or
to attain any of the following objectives: To overthrow the Political or social in nature
 Third reasoning, violation of the articles of sedition, or attempted coup d’état, such use of
a. To prevent the promulgation or Government and to replace
war is sui generis. It is a kind of its own. unlicensed firearm shall be absorbed in the crime
execution of any law or the holding the it with the Government of
Nothing compares to it. Therefore, it cannot of rebellion, sedition or attempted coup d’état.
of any popular election the Rebels
be absorbed by any other crime.
b. To prevent the National Government,  Therefore, the use of unlicensed firearm in case
or any provincial or municipal ARTICLE141 – CONSPIRACY TO COMMIT SEDITION of rebellion or sedition, or attempted coup d’état
government, or any public officer  There is a crime conspiracy to commit sedition will not bring about a separate or distinct charge.
INSURRECTION thereof from freely exercising its or but not proposal to commit sedition. A proposal There is only one crime that is rebellion or
his functions, or prevents the to commit sedition is not a punishable act under sedition, or attempted coup d’état. The use of
execution of any administrative the RPC. unlicensed firearm is not even an aggravating
REBELLION when two or more persons come
order; circumstance. It is absorbed in the crime of
into an agreement concerning the commission of
rebellion (to rise publicly and take arms against c. To inflict any act of hate or revenge ARTICLE142 – INCITING TO SEDITION rebellion or sedition, or attempted coup d’état.
upon the person or property of any ELEMENTS:
the Government to any of the purposes of
public officer or employee; 1. The offender is not a participant (does not take
rebellion) and decide to commit it.  Under the same Section 1 of PD 1866 as
d. To commit, for any political or social direct part) in the crime of sedition amended by RA 8294, if the use of an unlicensed
end, any act of hate or revenge 2. He incites others to uprise for any of the firearm is in the crime of homicide or murder, as
REBELLION when a person who decides to
against private persons or any social purposes of sedition the case may be, the use of unlicensed firearm

Page 12
shall be considered as an aggravating the said case because he committed another ARTICLE143 – ACTS TENDING TO PREVENT THE committee were voting when suddenly some members of
circumstance. So in the law, it is an crime, and that is, DIRECT ASSAULT WITH MEETING OF THE ASSEMBLY AND SIMILAR BODIES the media immediately pulled out a placard and shouted:
Congress of any crime?
 WHAT KIND OF AGGRAVATING What about in the case of CELINO, SR. VS. PEOPLE?  The crime is committed if there is a projected or A: YES. They are liable of disturbance of
CIRCUMSTANCE? In this case, it was election time, there was a actual meeting of the Congress and the offender, proceedings under Article 144. Because
 As decided by the Supreme Court in COMELEC gun ban. A person was found in by means of force or fraud, prevents such while in the presence of the said meeting, they
number of cases, it is a SPECIAL possession of an unlicensed firearm. Arrested, he meeting behaved in such a manner as to interrupt the
AGGRAVATING CIRCUMSTANCE was charged of 2 crimes: (1) violation of the  The offender here is any person: he may be a proceedings, or impair the respect due it.
which cannot be offset by any mitigating COMELEC gun ban, and (2) illegal possession of private individual, public officer or employee
circumstance. The Supreme Court also unlicensed firearms. During the arraignment for  It is necessary that the offender prevents the ARTICLE145 – VIOLATION OF PARLIAMENTARY
held that the use of the word “homicide the violation of the COMELEC gun ban, he meeting of the Congress or any of its IMMUNITY
or murder” under Section 1 is in its pleaded not guilty. However, during the committees, or constitutional committees or any  Punishes violation of parliamentary immunity
generic sense, therefore, whatever be the arraignment for illegal possession of an provincial city or municipal board.  There are TWO (2) ACTS PUNISHED IN
kind of killing for as long as the unlicensed firearm, he filed a motion to quash VIOLATION OF PARLIAMENTARY
unlicensed firearm is used, such use of the information. According to him, he cannot be ILLUSTRATION: IMMUNITY:
unlicensed firearm is considered as a charged of illegal possession of an unlicensed Q: So what if there is a meeting of the 1. Penalty: Prision Mayor –
SPECIAL AGGRAVATING CIRCUMSTANCE. firearm because the law says that you can only SangguniangPanlungsod. It was being presided by the Vice committed by any person who
be charged of illegal possession of an unlicensed Mayor as the presiding officer of the city council. During the by means of force, intimidation,
ILLUSTRATION: firearm provided that no other crime is session of the SangguniangPanlungsod, here comes the fraud or threat, or any other
Q: So if a son had an argument with his father, in the committed by the person arrested. He said here, mayor together with some police officers. They entered the means and by said means, he
course of the argument with his father, the son killed the he committed violation of COMELEC gun ban, session of and disturbed and prevented the said meeting by tried to prevent any member of
father, the firearm was recovered. What crime or crimes therefore, he can no longer be liable for violation force. What crime, if any, was committed? the Congress either from
would you file against the son? of PD 1866 that is Illegal Possession of A: It is the violation of Article 143 – ACTS attending any meeting of the
A: The son is liable of the crime Unlicensed Firearm. TENDING TO PREVENT THE MEETING OF Congress or its committees or
ofPARRICIDE, for having killed his own father.  IS HIS CONTENTION CORRECT? CONGRESS AND SIMILAR BODIES. subcommittees, constitutional
The use of unlicensed firearm shall be  His contention is wrong because commissions or committees or
considered as a SPECIAL AGGRAVATING according to the Supreme Court, when the ARTICLE144 – DISTURBANCE OF PROCEEDINGS divisions thereof , from
CIRCUMSTANCE. Because as held by the law says “provided that no other crime is expressing his opinions or
 Punishes disturbance of proceedings
Supreme Court, the use of the word “murder” is committed by the person arrested”, the casting his vote
 In disturbance of proceedings, there is a meeting
in its generic sense, therefore it includes any word “committed” means that there is  can be
of Congress or of any of its committees or
kind wherein the imposable penalty is already a final determination of guilt – a committed by
subcommittees, constitutional commissions or
RECLUSION PERPETUA TO DEATH such as final conviction of guilt based on a anyone
committees or divisions thereof, or of any
Parricide. successful prosecution or a judicial (private
provincial board or city or municipal council or
admission. Therefore, the word individual,
“committed” means he has already been public officer
Under Section 1 of PD 1866 as amended, it also provided  The offender either disturbs any of such
held guilty beyond reasonable doubt a final or employee)
that a person can only be held liable of illegal possession of proceedings or he behaves while in the presence
unlicensed firearm provided that no other crime was of such proceedings in such a manner as to
 2. Penalty: PrisionCorreccional
committed by the person arrested. It is necessary that no interrupt the proceedings or impair the respect
In the case of CELINO SR., he was not yet convicted. He – can only be committed by a
other crime was committed by the person arrested. due it.
was only being prosecuted. He was only being charged of public officer or employee who
 So here, it is necessary that the offender, who
illegal possession of unlicensed firearm. Therefore, both shall, while the Congress is in
PEOPLE VS. LADJAALAM was present in the meeting, either he disturbs
cases can proceed. He can be charged both of illegal regular or special session,
The police officers armed with a warrant of the said proceeding, or while being there, he
possession of unlicensed firearms and violation of COMELEC arrest or search any member
arrest went to the house of WalpanLadjaalam to performed an act which impair the respect due
gun ban. However, the moment he is convicted of violation thereof, except in case such
effect the warrant of arrest. WalpanLadjaalam, to them or which interrupted the said proceeding
of COMELEC gun ban, he should be acquitted of illegal member has committed a crime
upon seeing the police officers, fired shots at the possession of unlicensed firearm, because this time, the law punishable under this Code by
officers. Hence, he was charged with direct ILLUSTRATION: a penalty higher than prision
says provided that no other crime is committed by the
assault with multiple attempted homicide. Aside person arrested. Therefore, a final conviction is Q: The FREEDOM OF INFORMATION BILLwas on the mayor.
from that, he was also charged with illegal necessary before the illegal possession of unlicensed committee level. It was votation time. On the right side of  Offender
possession of unlicensed firearms. He was firearm may be dismissed or he may be acquitted of the said place or meeting, there were some observers or should be only
convicted of both crimes before the Regional the same. So that is the relation of PD 1866 to sedition, people who were coming from the media. On the left side, a public
Trial Court. On appeal before the Supreme Court, rebellion and coup d’état. there were ordinary people who do not agree on the officer or
SC said the illegal possession of firearms case freedom of information bill. It was time to vote for the employee and
should be dismissed. He should be acquitted in passage of Freedom of Information bill, the members of the not any

Page 13
individual A:YES, they are liable for violation of 1. That there be a authority or
because any parliamentary immunity under the second. meeting, a his agents)
individual Because at the time the Congress is in its regular gathering or group
cannot make session and they arrested the said Congressman, of persons, whether  In case of illegal assembly, it is only necessary that
a search or Libel under Article 355 is punishable only by in fixed place or there be a meeting, the meeting must be attended
arrest a Prision Correcional in its minimum and medium moving by armed persons, under the first mode. In here,
member of period, therefore it is below Prision Mayor, 2. The meeting is when it says “armed persons”, it is not required that
the Congress hence, the Congressman cannot be arrested attended by armed all those persons present in the meeting must be
 It is necessary while the Congress is in its regular or special persons with arms. It suffices that one, two or more, or
that at the session. 3. The purpose of the some of them would be with arms.
time of the meeting is to9  When we say “arms,” it does not only mean
arrest, the Q: What if Congressman A is charged with the crime of commit any of the firearms, it refers to any things, knives, stones,
member of attempted homicide. The fiscal found probable cause, the crimes punishable anything which can cause violence or injury to
Congress, the case was filed in court. The court agrees with the fiscal and under the Code another person.
Congress a warrant of arrest was issued against Congressman A. The  It is necessary however, that the purpose of the
must be in its warrant of arrest was issued by the judge on December 24, II. Any meeting in which the audience, meeting is unlawful – that is to commit any of the
regular or the police officers had possession of the said warrant of whether armed or not, is incited to the crimes punishable under the RPC.
special arrest on December 25, on Christmas Day. While commission of the crime of treason,  Under the second mode of committing illegal
session. Congressman was inside his house, the police officers rebellion or insurrection, sedition or assault assembly, again there is a meeting, and there is no
 Likewise, it is arrived and arrested the said Congressman for having been upon a person in authority or his agents requisite that those in attendance must be armed,
necessary that charged of the crime of Attempted Homicide. The penalty for ELEMENTS: therefore, they may or may not be with arms. But it
the said Attempted Homicide is Prision Correcional because under 1. There is a meeting, is requires for the crime to arise that the audience
member of Article 249, the penalty for Homicide is Reclusion Temporal a gathering or must be incited to commit treason, rebellion, or
Congress has and the attempted is two degrees lower, one degree is group of persons, insurrection, sedition or assault upon a person in
committed a Prision Mayor, two degrees lower is Prision Correcional, whether in fixed authority or his agents. Otherwise, the crime will
crime which is therefore, the penalty to be imposed in this Attempted place or moving not arise.
not higher Homicide is Prision Correcional. So the police officers armed 2. The audience,  In case of illegal assembly, the organizers or leader
than Prision with a warrant of arrest went inside the house of the whether armed or of the meeting will be criminally liable, as well as
Mayor. Congressman and arrested him on Christmas Day, December not, is incited to the the persons merely present in the said meeting.
25, are the police officers liable for violating parliamentary commission of the  Under Article 146, first paragraph, last
ILLUSTRATION: immunity under Article 145? crime of treason, sentence – it is provided that persons who are
Q: How about in the case of PanfiloLacson? A:YES, they are liable for violation of rebellion, or merely present at the meeting shall be punished by
Parliamentary Immunity.Because during insurrection, Arresto Mayor, unless they are armed, the penalty
A: The case against Sen. Lacson was fortunately
Christmas break or during Holy week break or sedition or direct shall be Prision Correcional, therefore, whether you
dismissed by the Court of Appeals. But let us
any other kind of break, Congress is still in its assault are armed or not, you can be held criminally liable
say, it is not dismissed by the Court of Appeals,
regular session. Because as stated in Political  The said for illegal assembly, it will only differ in the penalty.
he was being charged of double murder – Dacer-
Law, in Constitution, when does Congress start? gathering of o If you are armed - Prision Correcional
Corbito double murder slay. He went into hiding.
4th Monday of July, that is when the President men or men, o Not armed - Arresto Mayor (lower)
Let us say that he made his appearance. Can he
states his SONA. When does Congress ends? 30 may or may
be arrested even if the Congress is in regular or
days before the start of Congress. Therefore, not be armed.
special session? YES. Because the crime ARTICLE147 – ILLEGAL ASSOCIATIONS
during Christmas break or during Holy week It is not
committed by him is punishable by a crime WHAT ARE ILLEGAL ASSOCIATIONS?
break or any other break, the Congress is still in required that
committer higher than prision mayor. It is 1. Associations totally or partially organized for the
its regular session. Any arrest of a member of they be
punishable by reclusion perpetua. Therefore, had purpose of committing any of the crimes
Congress during this time, if the said member of armed.
it not been dismissed by Congress and he punishable under the Code
Congress has not committed a crime where a Provided that
apparently appeared and the Congress is in 2. Associations totally or partially organized for
penalty is higher than Prision Mayor, shall be the audience
regular or special session, he could be arrested. some purpose contrary to public morals
punished as violation parliamentary immunity where incited
to commit  In case of illegal associations, it is necessary that
Q: What if a Congressman is charged with the crime of libel under Article 145. there be a formation of a group, not merely a
before the RTC. The RTC issued a warrant of arrest against rebellion, or meeting and in the said association, not only the
the Congressman. The police officers armed with a warrant ARTICLE146 – ILLEGAL ASSEMBLY insurrection, members of the association should be penalized,
of arrest went inside the walls of Congress and they arrested  There are 2 KINDS OF ILLEGAL ASSEMBLY: sedition or but also the founders, directors and president of the
the said Congressman. Are the police officers liable under I. Any meeting attended by armed persons assault upon a said association or organization should be held
this Article? for the purpose of committing any of the person in criminally liable.
crimes punishable under this Code

Page 14
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION A: Because what they did was only a mere to begin. Therefore, they have not yet public officer thereof from
the purpose will always be the purpose of the association meeting, it was not an organization or committed any crime. freely exercising its or his
a violation under the RPC. may be for purpose of association. functions, or PREVENT the
Even under the second committing crimes violating - Therefore, they are not liable of any crime. Q: What if the jueteng lords of Southern Tagalog gathered, execution of any administrative
mode – inciting to commit the RPC or even in violation they gathered in Batangas. So their purpose was to define order;
treason, rebellion, or of special penal laws, LET US ADD FACTS TO THE PROBLEM. ways and means to propagate jueteng considering that the 3. To INFLICT any act of hate or
insurrection, sedition or provided that it is in violation government would not want to legalize jueteng, their revenge upon the person or
Q: Let us say A, B, and C gathered 20 men – 10 were armed
assault upon a person in of special penal law, it must decision was define ways and means to propagate jueteng property of any public officer or
and the other 10 were not armed. Again, they conspired and
authority or his agents be against public morals by using minors, those 15 years of age or below as kubrador employee;
agreed to commit simultaneous bank robbery all over Metro
in the case of jueteng, so that was the purpose of their 4. To COMMIT, for any political or
Necessary that there is an Manila. After their agreement here comes the police officers,
Not necessary that there be meeting. In the said meeting, they elected their would-be social end, any act of hate or
actual meeting or the police officers arrested them. Of what crime or crimes
an actual meeting president, vice president, treasurer, etc. So they formed an revenge against private persons
assembly may the police officer file against them?
organization, an association and they said that at the end of or any social class;
Meeting and the Act of forming or organizing A:They should be charged of illegal 5. To DESPOIL, for any political or
attendance at such and membership in the assembly under the first act. They have the the month, they would meet and define ways and means to
propagate jueteng. The police officers arrived and they were social end, any person,
meeting are the acts association are the acts gathering of men and their purpose is to commit
all arrested. But they are not with arms, it is not mentioned municipality, province, or the
punished punished a crime punishable under the RPC which is National Government of all its
robbery and it is attended by armed persons, that any of them were with arms.
A:The crime committed is illegal property or any part thereof
ILLUSTRATION: even if only 10 were with arms, still it is
association under Article 147. It is an NOTE: The law says that there is no
Q: So what if A, B and C gathered 20 persons and proposed considered as illegal assembly. Because the law
association totally and partially organized for public uprising, therefore whenever
does not require a number as to the persons
to them the idea of committing simultaneous bank robbery some purpose contrary to public morals. Jueteng there is actual commission of
who should be armed. So, all of them should be
all over Metro Manila, so they will commit robbery in 4 banks is in violation of PD 1602, illegal gambling as rebellion or sedition, direct assault
held criminally liable.
simultaneously. So these 20 men agreed to the said amended and it is against public morals because can never be committed because the
commission of bank robbery, and after they have come to A, B and C, as leaders or organizers of the said element of direct assault in whatever
meeting, are liable for illegal assembly. Those it has not yet been legalized by law.
the agreement, here comes the police, the police got a tip form is that there be no public
from an informer, the police arrived and they were all persons who are armed, the penalty is higher uprising, on the other hand, a
than those who are not armed. Prision ARTICLE148 – DIRECT ASSAULT
arrested. What crime or crimes if any should they be necessary element in the crime of
charged of? Correcional – if they are armed  The two forms in committing the crime of direct sedition or rebellion is there be public
A:They could not be charged of any crime. Arresto Mayor – if they are not armed assault under Article 148 are: uprising.
There is no such thing as conspiracy to commit
I. Without public uprising, by employing FORCE or
Q: What if A, B and C gathered 1000 men and women. Their INTIMIDATION for the attainment of any of the
robbery. Because in robbery, robbery is only a ELEMENTS:
intention was to incite the people to uprise against the purposes enumerated defining the crimes of
mode of committing the crime, it is not a crime 1. The offender employs force or
by itself, unlike in case of treason, rebellion, government to overthrow the present administration. These rebellion and sedition.
there is such a crime of conspiracy to commit 1000 men and women arrived in the said designated place.  The intention of the offender is to commit
2. AIM of the offender is to attain any
These 1000 men and women were arranging the chairs any of the purposes of rebellion or
treason, conspiracy to commit rebellion, and they of the purposes of the crime of
when suddenly here comes the police officers who got a tip sedition.
are punished by such acts. There is no such rebellion or any of the objects of the
crime as conspiracy to commit robbery. So here, about the said meeting. The police officers immediately  PURPOSES OF REBELLION:
crime of sedition
arrested A, B and C and the 1000 men and women. What 1. To remove from the allegiance
conspiracy is a mere preparatory act which is not 3. There is no public uprising
yet punishable by law. For them to be punished, crime or crimes if any may these 1000 men and women be to the Government or its laws:
charged of? (a) the territory of the
it is necessary that they must at least perform an II. Without public uprising, by ATTACKING, by
Philippines or any
overt act directly connected to bank robbery. So A:They have not committed any crime. It EMPLOYING FORCE, or by SERIOUSLY
part thereof; or
here, they just merely conspired to commit cannot be under the first act of illegal assembly INTIMIDATING or SERIOUSLY RESISTING any
(b) any body of land,
robbery without the performance of any overt because the said 1000 men and women were not person in authority or any of his agents, while in
naval, or other
act directly connected to robbery. Hence, they armed. It cannot be under the second act of the performance of official duties, or on the
armed forces; or
are not criminally liable. What they did is only a illegal assembly, because for one to be liable occasion of such performance.
preparatory act not directly connected to under this act, note that even if not all of them 2. To deprive the Chief Executive or
 Most popular form of direct assault
robbery. need not to be armed, it is required that the Congress, wholly or partially, of any ELEMENTS:
audience must be incited to commit treason, of their powers or prerogatives.
Q: Why not illegal assembly? 1. The offender
rebellion, or insurrection, sedition or assault  PURPOSES OF SEDITION: a. Makes an attack,
A: Because in the problem, it is not mentioned
upon a person in authority or his agents. Here 1. To PREVENT the promulgation b. Employs force,
that the persons were armed. Also, the crime of
bank robbery is not among the crimes mentioned the intention of A, B and C is to incite them to or execution of any law or the c. Makes a serious intimidation,
in the second act. commit rebellion, BUT there was no statement in holding of any popular election; or
the problem that they were indeed incited to 2. To PREVENT the National d. Makes a serious resistance
Q: Why not illegal association?
commit rebellion. In fact, they were just Government, or any provincial  If the offended party
arranging the chairs, the meeting was only about or municipal government or any is a person in

Page 15
authority, the attack or member of some the public officer or serious physical
the employment of force court or employee. injuries, as the case
need not be serious government-owned  Direct assault can be may be. But if the
because under Article and controlled committed whether motive is by reason
148, the mere act of corporation, board the public officer or of the authorities’
laying of hands in the or commission agent of a person in past performance of
person in authority is 2. A barangay captain authority is in the his official duty, the
already qualified direct and a barangay engaged in the crime committed is
assault. Therefore, the chairman performance of his still direct assault.
mere act of pushing a 3. Teachers, official duties or on  The phrase “on
person in authority is professors, or occasion of such occasion of such
already qualified direct persons charged performance. performance” means
assault because the with the supervision  If a person in that the said assault
offender already laid of public or duly authority or his agent was by reason of the
hands upon a person in recognized private is engaged in the past performance of
authority. Hence, it schools, colleges or performance of his official duty. So “on
need not be serious. institutions official duty at the occasion” means it is
However, if the 4. Lawyers while time of the assault, by reason of the past
offended party is a engaged in their regardless of the performance of
mere agent of a professional duties motive of the official duty.
person in authority, it or while in the act offender, direct
is necessary that the of their professional assault will always 4. The fourth element provides that the
employment of force duties arise. Whether there offender knows him to be a person in
must be serious. The is a personal authority or an agent of a person in
reason is that in order  Who is an agent of a person vendetta, whether it authority. So it is that the offender
to show defiance of law in authority? (Art 152, par is a public reason or knows him to be a person in
against a mere agent of 2) whatever reason, authority because otherwise, he
person in authority, it is  A person who, by there is always direct cannot be said that he defied the
necessary that the direct provision of assault. There is law, he defied the authority. In the
attack or force law, by election or by defiance of authority first place, he didn’t know that the
employed must be appointment by because the person person he is attacking is a person in
serious in nature. competent authority, in authority or his authority or an agent of a person in
 If what has been done is charged with the agent is actually authority.
is intimidation or maintenance of engaged in the
resistance, to amount to public order and the performance of 5. The fifth element requires that there
direct assault, it must protection and official duty be no public uprising.
always be serious security of life and  But if the person in
whether the offended property (e.g. police authority or his agent QUALIFIED DIRECT ASSAULT
party is a person in officer, councilors). is not engaged in the There are three circumstances which will qualify direct
authority or a mere Likewise, it is stated performance of his assault:
agent of a person in that any person who official duty at the
1. When the assault is committed by means of a
authority. comes to the aid of a time of the assault,
person in authority is motive on the part of
 WEAPON - firearms, knives or any other
2. The second element requires that the deemed an agent of offender becomes
items which will inflict injury.
assault is against a person in person in authority. material. You have to
authority or an agent of a person in determine the motive
2. When the offender is a public officer or
authority 3. The third element provides that at on the part of the
 Who are these so- the time of the assault, the person in offender. If the
 So when a public officer or employee
calledpersons in authority? authority is engaged in the motive on the part of
attacks a person in authority, it is always
(Art 152) performance of his official duties or the offender is a
qualified direct assault.
1. Any person directly the attack was on occasion of such personal vendetta,
vested with performance of official duty. the crime committed
3. When the offender lays hands upon a person in
jurisdiction,  Direct assault can be is murder, homicide,
whether as an committed whether serious physical
 Will only lie if the laying of hands is upon
individual or as a injuries or less
a person in authority.

Page 16
Any of these three circumstances will qualify direct assault. even if it is by mayor’s past performance of wrongful act while gardening. Therefore his reason was a Therefore it is only direct assault not complex.
official duty or by reason of personal vendetta, personal vendetta. What crime is committed by X? The said accused laid hands upon the court
NOTE: The first two qualifying circumstance affects both a regardless of the motive of X, the offender, since A: X committed a crime ofMURDER. interpreter, would you qualify it? No, because he
person in authority or agent of a person in authority. the mayor is engaged in the performance of his Obviously, there was treachery on the part of X. is mere agent of person in authority. Therefore
However, the third qualifying circumstance (laying hands official duty, it is direct assault. It is not direct assault because the mayor was the crime committed is only direct assault.
upon a person in authority) will only lie if the offended party Now, the mayor died. Therefore there is a not engaged in the performance of his official
is a person in authority. Mere laying of hands to an agent of resulting felony of murder because obviously duty and the reason behind the assault was ARTICLE149 – INDIRECT ASSAULT
person in authority is not qualified. It will only qualify if the there was treachery; therefore, it is direct assault personal vendetta. Therefore it cannot be said  Indirect assault can be committed only when a direct
laying of hands is upon a person in authority. with murder. that the attack was on occasion of such assault is also committed
Now, the offender made use of a weapon, he performance of official duty. ELEMENTS:
COMPLEX CRIME OF DIRECT ASSAULT: made use of a pistol gun, a firearm which is a 1. An AGENT of a person in authority is the
Whenever the crime of direct assault is committed, and qualifying circumstance, therefore, the crime Q: What if the judge has just rendered judgment. After victim of any of the forms of direct assault
there is a resulting felony (e.g. death, physical injuries), you committed is QUALIFIED DIRECT ASSAULT rendering the judgment, after finding the accused guilty defined in Article 148.
always complex it. WITH MURDER. beyond reasonable doubt, the accused got mad. He jumped 2. A person comes to the aid of such agent
Under Article 48, you should always complex it because from (EXAM TIP: the corresponding explanation must on the judge and he boxed the judge several times. The 3. Offender makes use of force or intimidation
a single act, two or more grave or less grave felonies had be complete—what is the qualifying court interpreter, the person nearest to the judge, came to upon such person coming to the aid of the
resulted. Under Article 48, Book I, you have to complex it. circumstance, what is direct assault, what is a the aid of the judge. This angered the accused. The accused agent.
So it could be: complex crime) got mad at the court interpreter and he boxed the court
o Direct assault with Murder interpreter as well. Thereafter the security guards arrived Q: What if a police officer was manning the traffic and it was
o Direct assault with Homicide Q: What if the city mayor has just attended a Sunday mass. and took away the said accused. The judge suffered serious a heavy traffic so the vehicles were stuck. What if one of the
o Direct assault with Serious Physical He and his wife and children were getting out of the church physical injuries whereas the court interpreter suffered slight owners of the vehicles got mad at the police officer and he
Injuries when suddenly here comes X. X, onboard the motorcycle physical injuries. What crime or crimes is/are committed by went straight to the police officer, who at the time has no
o Direct assault with Less Serious went straight to the city mayor and fired at the head of the the accused, first against the judge, and second against the pistol, and boxed the police officer. While he was boxing a
Physical Injuries city mayor. The city mayor died. It was found that X was a court interpreter? police officer a pedestrian saw the incident .the pedestrian
former employee of the city hall, who was dismissed by the A: As against the judge, the accused is came to the aid of the police officer. This angered the owner
 But if the resulting felony is only SLIGHT city mayor because he engaged in an anomalous liable of the crime of QUALIFIED DIRECT of the vehicle so he, too, boxed the said pedestrian. The
PHYSICAL INJURIES, you cannot complex it. It is transaction. What crime is committed by X? ASSAULT WITH SERIOUS PHYSICAL said pedestrian suffered slight physical injuries while the
prohibited under Article 48 because: A:QUALIFIED DIRECT ASSAULT WITH INJURIES. The judge is a person in authority police officer suffered less serious physical injuries. What
MURDER.The city mayor was not engaged in under Article 152. He was engaged in the crime or crimes is/are committed by the said owner of the
1. It is only a light felony. Under Article the performance of his official duty. Since the performance of his official duty at the time of the vehicle against:
48, you can only complex two or more city mayor was not engaged in the performance assault therefore the crime committed is direct a. The police officer
grave or less grave felonies but not a light of his official duty, he is a person in authority, assault. It has a resulting felony, serious physical b. The pedestrian?
felony. you have to know the reason, the motive of the injuries; therefore it should be direct assault with A: a. DIRECT ASSAULT WITH LESS
2. Slight physical injury or light felony is offender. serious physical injuries. The accused in boxing SERIOUS PHYSICAL INJURIES. The said
already absorbed in direct assault The offender was a city hall employee who was the judge, laid hands upon a person in authority owner of the vehicle boxed the said police
because whenever you assault somebody, dismissed by the city mayor, therefore the therefore it is QUALIFIED DIRECT ASSAULT officer. The police officer is an agent of a person
definitely, somehow, any injury would motive was by reason of the past performance of WITH SERIOUS PHYSICAL INJURIES. in authority under Article 152 because he was
happen to him. That is why it is already the said person in authority. So it is by reason of charged with the maintenance of public order.
absorbed in direct assault. the past performance of his official duty, the As against the court interpreter, the The police officer is in the actual performance of
attack, the firing was done on occasion of such accused is liable of the crime of DIRECT his official duty at the time of the assault
ILLUSTRATION: performance of official duty therefore the crime ASSAULT. At the time the court interpreter therefore the crime committed is direct assault.
committed is direct assault. came to the aid of a person in authority, who There is also a resulting felony which is less
Q: What if the city mayor attended the flag ceremony. It
The mayor died. Obviously there was treachery was the victim of direct assault. Note under serious physical injuries, a less grave felony;
was a mandate. So there was this flag ceremony attended
therefore it is direct assault with murder. Article 152, any person who comes to the aid of therefore we have to complex it, direct assault
by the city mayor. After the flag ceremony, the mayor went
The offender made use of a firearm, which is a a person in authority is deemed an agent of a with less serious physical injuries. The offender
to the platform and was making an announcement to the
qualifying circumstance in direct assault person in authority therefore, when the court laid hands upon the police officer, however,
city hall employees. Suddenly here comes X. X went near
therefore it is QUALIFIED DIRECT ASSAULT interpreter came to the aid of the said judge, laying of hands will not qualify because he is a
the mayor and shot the mayor on the head. The mayor died.
WITH MURDER. who was a person in authority, he became an mere agent of person in authority; therefore the
What crime is committed by X?
agent of a person in authority. And under Article crime committed against the police officer is
148, any attack on an agent of a person in direct assault with less serious physical injuries.
MURDER. The city mayor was engaged in the Q: What if in the same problem, here comes X, the mayor
authority is direct assault. Therefore the crime (NOTE: an MMDA officer is also an agent of a
performance of his official duty at the time of the was coming out of the church, X shot the city mayor. Now X
committed is direct assault. The said interpreter person in authority because he is charged with
assault therefore it is direct assault. Because the happened to be a former gardener who was dismissed from
suffered slight physical injury. You cannot the maintenance of public order and the
city mayor was engaged in the performance of the service of the household because he performed a
complex it because it is only a light felony. protection and security of life and property)
his official duty regardless of the motive of X,

Page 17
authority, and someone who comes III. By refusing to answer any legal inquiry or for contempt, he is placed in detention in the
b. INDIRECT ASSAULT under Art 149. An to his aid will not become an agent of to produce any books, papers, documents, Senate Blue Ribbon Committee.
agent of a person in authority was the victim of a person in authority; therefore when or records in his possession, when required
direct assault. A person came to his aid who is he is also attacked, it will only be by them to do so in the exercise of their Q: He obeyed the summons, he appeared, he allowed
the pedestrian. When the pedestrian came to the indirect assault under Article 149. functions. himself to be sworn in however, the moment that the
aid of this agent of person in authority, he did Senators asked him questions, and he refused to answer the
not become an agent of a person in authority  In statcon, when there are two provisions which IV. By refusing another from attending as a questions. He said: I invoke my right against self-
under Art 152 because under Art 152, a person are contrary, you reconcile. So to reconcile, witness in such legislative or constitutional incrimination. When he was solely required to produce the
would only become an agent of a person in Article 149 or indirect assault will only apply if body. books which were confirmed to be in his possession; He
authority if he came to the aid of a person in the victim of direct assault is a mere agent of  Under the fourth act punished, the didn’t want to produce the said books because according to
authority. Here, the pedestrian merely came to person in authority and someone came to his said offender did not fail to attend in him, the production of these books would incriminate
the aid of an agent of a person in authority who aid, and that someone was also employed with the summons; he restrained another himself. Can he be held liable under Art. 150?
is the police officer. Therefore, when the force and intimidation. from attending as a witness. He A: He cannot. If the answer to any of the
pedestrian came to the aid of the police officer, prevented another person in questions or if the conduction of the same will
he did not become also an agent of a person in ARTICLE150 – DISOBEDIENCE TO SUMMONS ISSUED attending as a witness in such incriminate the person in the said crime; he has
authority; as such, the crime committed is BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR legislative or constitutional body the right not to do so. Under the Constitution, No
INDIRECT ASSAULT. When the pedestrian came SUBCOMMITTTES, BY THE CONSTITUTIONAL hearing. person can be compelled to be a witness against
to the aid of the police officer, force and COMMISSIONS, ITS COMMITTEES, SUBCOMITTEES himself and asking him, requiring him, ordering
intimidation were employed against him so the OR DIVISIONS V. By inducing disobedience to a summons or him to produce the books or to answer any
crime committed by the owner of the vehicle  Acts Punished: refusal to be sworn by any such body or questions which would incriminate himself is akin
against the pedestrian is indirect assault. I. By refusing, without legal excuse, to obey official. to making him a witness against himself and it is
 Are you going to complex it to the crime summons issued by the Congress or any of  NOTE that Congress where it be the unconstitutional.
of slight physical injuries? its extensions or any of its standing House of Representatives or the
 No, because it is absorbed and it committees or subcommittees, by the Senate has the power to issue
summons because they have the ARTICLE151 – RESISTANCE AND DISOBEDIENCE TO
is only a light felony. Constitutional Commissions, its A PERSON IN AUTHORITY OR THE AGENTS OF SUCH
committees, subcommittees or any other power to investigate that is inquiry in
Under Article 149, INDIRECT ASSAULT is committed if a body which has the power to issue aid of legislation. Whatever be the
findings in the said investigating  Punishes two acts:
person in authority or an agent of a person in summons. I. RESISTANCE AND SERIOUS DISOBEDIENCE
authority is the victim of direct assault. Any person  Under the first act, for the crime to body, it will be used in the making of
a bill, a proposal. NOTE that they (PAR 1)
who came to his aid and that person was employed with arise, it is necessary that the ELEMENTS:
force or intimidation by the offender. offender’s refusal to obey the don’t have the power to file a case so
whatever be the product of their 1. The person in authority or his
 Why is it in the given problem, when the person summons is without any legal agent
excuse. If there is a valid reason, a investigation, they will give it either
under attacked is a person in authority and when a. is engaged in the
legal excuse, why the offender to the Ombudsman or to the DOJ. It
someone came to his aid, and that someone was also performance of
didn’t attend the said committee is upto the DOJ or to the
attacked, the crime committed is direct assault official duty; or
hearing of the congress or why he Ombudsman to file a case because
against that someone. But when the victim of direct b. gives a lawful order
failed to comply with the said the purpose of the Senate or the
assault is a mere agent of a person in authority, and to the offender
summons or any of the acts under HOR is only inquiry in aid of
someone came to his aid, and that someone was also 2. Offender resists or seriously
Art. 150; the crime will not arise. legislation.
attacked, the crime is indirect assault. disobey such person in
 The reason is that the Congress authority or his agent
amended Article 152 without II. By refusing to be sworn or placed under ILLUSTRATION:
3. That such resistance or
correspondingly amending Article affirmation while being before such Q: What if there is this committee hearing, an investigation disobedience will not amount to
149. legislative or constitutional body or official. about anomalous transactions entered into by a former a. direct assault (Art
 Based on the amendment made by  Under the second act the public officials of the DENR. While the said official received the 148),
Congress in Article 152, it is stated official or the person was required summons, he failed to appear because he was at St. Lukes. b. indirect assault (Art
that any person who comes to the to appear in the said meeting and He was confined because he was suffering from 149); or
aid of a person in authority is obey the summons however, the hypertension. Can he be held liable under Art. 150? c. disobedience to
deemed an agent of person in moment he appeared in the said A: He cannot be held liable because he has a summons issued by
authority. And if an agent of a person meeting, he refused to be sworn to. legal excuse to attend or to obey the summons Congress
in authority is attacked, such attack is He does not want to be sworn to issued by the Congress. The moment that there
under Article 148 which is direct and he refused to be placed under is a legal excuse, the crime will not arise BUT if II. SIMPLE DISOBEDIENCE (PAR 2)
assault and not indirect assault under affirmation before such legislative his measure is without any legal excuse NOTE ELEMENTS:
Article 149. or constitutional body. Art. 150 is that aside from violation of Art. 150, he can also 1. An AGENT of a person in authority
 But if the victim of the said direct still violated. be held liable or cited for contempt by the said
assault is a mere agent of a person in committee of Congress and usually when cited

Page 18
a. is engaged in the  If there are two separate and distinct  Acts punished: death penalty. Death Penalty is
performance of official crimes, there shall be two information that I. Causing any serious disturbances in a prohibited to be imposed.
duty; or will be filed to the court. If it is a complex public place, office or establishment;
b. gives a lawful order to crime, only one information is filed before  For the said disturbance to be  But in burying with pomp the
the offender the court. considered as a violation of Art body of the person who has
2. The offender disobeys such order  If the intention is to rob, and in the occasion 153; it is necessary that the been legally executed; the said
of the agent of the said robbery, homicide, serious said offender deliberately person must be legally
3. Such disobedience is not serious in physical injuries, rape, intentional intended to disturb the said executed because the said
nature mutilation, arson was committed, the crime meeting or public place. It was person has committed a
committed under Article 294 is robbery a planned intentional act. heinous crime yet when he was
ILLUSTRATION: with homicide, robbery with intentional buried he was buried with such
Q: What if the mayor has a project, a cleaning act operation mutilation, robbery with rape, robbery with II. Interrupting or disturbing performances, extravagance as if as he is a
in order to prevent dengue. So they were cleaning up the arson or robbery with serious physical functions or gatherings, or peaceful hero, as if as the government
canals. While the mayor was cleaning up the canals together injuries. meetings, if the act is not included in Arts. has committed a crime in
with other city hall employees, here comes Mang Pedro who  If the original intention was to assault the 131 and 132; legally executing him therefore
had taken beer and was a little tipsy. So the went there and city mayor and thereafter he committed  NOTE that there is a it causes sympathy arising on
was shouting and making noise, disturbing the people who robbery, there will be two acts. Because his qualification made by law the part of the people hence, it
were busy cleaning up the canals. And so the police officer intention was to assault and thereafter he provided that the said was a disturbance of public
cleaning told Mang Pedro to go home because he was committed the second act of taking away interruption or disturbance of order.
disturbing the cleaning up operation. Mang Pedro, instead of the personal property of the city mayor. public gatherings, functions and
going home, merely sat nearby the canal being cleaned by  In case of DIRECT ASSAULT WITH MURDER peaceful meetings must not fall  If any of these prohibited acts
the people. What crime, if any, did Mang Pedro commit? or HOMICIDE, it is considered a complex as a violation under Art 131 or constituting violation of Art 153
crime under Article 48 because based on Art 132. is committed by more than 3
A: Mang Pedro committed SIMPLE
the single act performed, two or more persons who are provided with
grave or less grave offense was committed. III. Making any outcry tending to incite arms or any means of violence
Article 151, second paragraph, simple
Because with the single act of boxing, the rebellion or sedition in any meeting, it is said to be tumultuous
disobedience is committed when an agent of a
offender committed direct assault and association or public place. therefore there must be at least
person in authority is engaged in the
serious/less serious physical injuries. four persons who are armed or
performance of official duty or gives a lawful
IV. Displaying placards or emblems which provided with means of
order to the offender, that the offender disobeys
ARTICLE152 – PERSONS IN AUTHORITHY AND provoke a disturbance of public order in violence for it to be considered
and such disobedience is not of serious nature.
AGENTS OF PERSONS IN AUTHORITY such place; as tumultuous.
In the problem, it was the police officer, an
Q: Who are persons in authority?  Whether this making of an
agent of a person in authority, who gave the
A: The following are the persons in outcry or the displaying of SO WHERE LIES THE DIFFERENCE BETWEEN ART 153
order to Mang Pedro and Mang Pedro disobeyed
authority: placards or emblems, it is AND ART 131 OR 132?
him but such disobedience was not serious in
necessary that such act of  Article 153 punishes TUMULTS ANS OTHER
nature because he merely sat nearby the canal; 1. Municipal Mayors
displaying placards or emblems DISTURBANCES OF PUBLIC ORDER, Article 131
therefore there was no showing that such 2. Division Superintendent of schools
must be an unconscious punishes PROHIBITION, INTERRUPTION AND
disobedience is serious in nature so the crime 3. Public and private school teachers
outburst of emotion. It must DISSOLUTION OF PEACEFUL MEETINGS, Article 132
committed is simple disobedience. 4. Teacher-nurse
not be intentionally calculated punishes INTERRUPTING OF RELIGIOUS FEELINGS
5. President of the sanitary division
to incite people to rebel or to
Q: Is there direct assault with robbery? Let’s say that the 6. Provincial Fiscal
commit sedition because  Articles 131 and 132 can only be committed by a
city mayor was assaulted and thereafter he took the watch 7. Judges
otherwise, the crime would be Public Officer. It cannot be committed by a
of the mayor. 8. Lawyers in actual performance of
inciting to rebellion or inciting private individual whereas under Art 153, it can
A: No, there is no such crime. The crime duties
to sedition. be committed both by a Public Officer and a
committed is not direct assault with robbery. It is 9. Sangguniang Bayan member
10. Barangay Chairman private individual.
already robbery with any resulting felony, if V. Burying with pomp the body of a person
there is one. who has been legally executed.
Q: Who is an agent of a person in authority?  What if the offender is a public officer and he disturbs
 What if the original motive was to assault the  When you say legally executed;
A: Those who are in charged with: a peaceful meeting. How would you distinguish if it is a
city mayor? it means that the said person violation of Art 153 or a violation of Art 131?
 If the original motive is to assault the city  The maintenance of public order; has committed a heinous crime.
mayor and not to commit robbery, but the and The penalty prescribed by law  First, In Art 131, the public officer must not
offender took the watch, there will be two  The protection and security of life is death and so he was killed by be a participant in the meeting that he disturb
crimes because the offender already and property means of lethal injection but at or interrupted. He must be an outsider, a
performed two acts. present because of Republic Act stranger in the said meeting. On the other hand,
ARTICLE153 – TUMULTS AND OTHER DISTURBANCES No. 9346, we have no more in Art 153, the said Public Officer must be a

Page 19
participant, one in attendance in the said and then he incite the people, induced the people to go to IV. By printing, publishing or distributing (or then you can be held liable for unlawful use of
meeting. the streets, uprise, rebel against the government, to causing the same) books, pamphlets, means of publication.
overthrow the government. What crime was committed? periodicals, or leaflets which do not bear
Second, in Art 131, the mere intention of the A:The crime committed was inciting to the real printer’s name or which are ARTICLE155 – ALARMS AND SCANDALS
public officer is to prevent a person from freely rebellion. classified as anonymous.  Acts punished:
exercising his freedom of speech and expression  It is necessary that any I. Discharging any firearm, rocket,
whereas in Art 153, the intention of the offender Q: What if, he was among the participants. The head of the publication has contained the firecracker, or other explosives within any
is to disturb public peace and tranquility. meeting, the Public Officer was discussing about the real printer’s name. It must town or public place calculated to cause
increase of fares of the MRT and LRT. This person could no have been anonymous. The (which produces) alarm or danger.
ILLUSTRATION: longer control his emotions. Suddenly he stood up and he publisher, the printer, the II. Instigating or taking an active part in any
Q: What if since RH Bill was enacted into law, there was a said: “buwisitnagobyernonaitonaiinisnako. Dapatnatayong author, must be stated even at charivari or other disorderly meeting
huge rally at the EDSA Shrine which was initiated by the mag rebeldesagobyernowalangginawakundi increase ng the bottom. offensive to another or prejudicial to public
members of the CBCP. They were against this law and they taxes”. They go and rebel against the government. What tranquility.
encouraged the people to file a case before the Supreme crime was committed? Q: What if the Philippine Daily Inquirer has as its headline:  Charivari includes a medley of
Court questioning the constitutionality of the said law. At A:Tumults and other disturbances of public “KC Concepcion said..PioloPascual is gay.” So that is the discordant voices, a mock
first, the head of the CBCP spoke then after him another order. It is just an unconscious outburst of headline of the Philippine Daily Inquirer. It was posted. KC serenade of discordant noises
person, a private individual spoke, the head of the emotions not an intentionally calculated to incite never categorically stated that Piolo is gay, she only made on kettles, tins, horns,
organization spoke and he kept on attacking and attacking people to rebel against the government. impliedly stated it but she never categorically stated it. So etc. designed to annoy and
the President. He said that the President bribed the the Daily Inquirer published a false news and PioloPascual insult.
members of the Congress in order to pass this bill so he kept filed a case in violation of Art 154 against the Philippine III. Disturbing the public peace while
on attacking and attacking the President. One of the police Daily Inquirer. The Philippine Daily Inquirer knew that it is a wandering about at night or while engaged
officers, who was assigned to maintain the peace and order false news yet they still published it as news. in any other nocturnal amusement.
in the place, heard the attacks against the President. This A: Art. 154 is not violated because whether or IV. Causing any disturbance or scandal in
I. By publishing or causing to be published by
Police Officer was indebted to the President he owed his notPiolo is gay it will not endanger public order. public places while intoxicated or
means of printing lithography or any other otherwise, provided Art 153 is not
position to the President. He went straight to the person It will not cause damage to the credit or interest
means of publication, as news any false
talking against the President and told him to stop. When he of the state. applicable
news which may endanger the public
didn’t stop, the Police Officer fired shots in the air and the
order, or cause damage to the interest or
people scampered away and the peaceful meeting/gathering Q: What if the headline of the Philippine Daily Inquirer said: ILLUSTRATION:
credit of the State.
was dissolved/ interrupted. What crime was committed by “Tomorrow, Megamall will be bombed from a very reliable Q: In a public park, there were so many people here comes
the Police Officer? II. By encouraging disobedience to the law or
to the constituted authorities or by source.” That was the headline of the Philippine Daily X. X went in the middle of the park and fired shots in the air.
A: The crime committed by the Police Inquirer. The Philippine Daily Inquirer later on learned that it The people were so afraid they scampered away. What
praising, justifying ot extolling any act
Officer is not Art 153 but Art 131.Because was false nevertheless; since it was already there they still crime is committed?
punished by law, by the same means or by
the distinctions lie in this case. First, the said published it and distributed it. Can they be held liable under A: Alarms and Scandals under Art 155. His
words, utterances or speeches.
Public Officer, a Police Officer is not a participant Art 154? act can cause damage to public peace and
III. By maliciously publishing or causing to be
in the said meeting. He is a stranger, an outsider A: Yes because the said news will tranquility.
published any official resolution or
in the said meeting. Second, his only purpose is endanger public order. It can cause damage
to prevent the said person in freely exercising his document without proper authority, or
before they have been published officially. to the credit or interest of the state. Imagine Q: What if in the same problem, in a public park, there were
freedom of speech and expression, it is his right Megamall will be bomb, no person will go to the
 NOTE that in the third act so many people and here comes X. X saw his enemy Y. He
to express his anger against the President yet said place, tourists will not go to the said place
there is the word Malicious. The took out his firearm, aiming his firearm at Y without any
the said person prevented him in exercising such therefore it will endanger public order and can
offender must maliciously intent to kill because he knew Y would not be killed and he
freedom of Speech and expression therefore the cause damage to the interest of the state when
publish or cause to be discharged the firearm. What crime is committed?
Police Officer is liable under Art 131 and not the said newspaper published it despite knowing
under Art 153. published any official A: The crime committed is illegal
that it was false news. Art 154 is violated. discharged of firearms under Art. 1254.
resolution. If the publication of
For him to be liable under Art 153, let’s say that the official resolution without
official authority or the Q: What if members of the CBCP, they are against the RH Q: What if in the same public place, X saw his enemy Y. He
he is a public officer, he is a participant in the
publication was not done Law. They made leaflets, pamphlets and distributed it to all pulled out his firearm with intent to kill, he aimed his firearm
said meeting and while participating in the said
maliciously, there was no intent persons in the church, in market.. Therein is stated: Anyone at Y, discharged the firearm but Y was not killed. What crime
meeting, he interrupted the said meeting in
to cause damage, it was not who would obey or comply with the RH Bill which is a was committed?
order for him to cause a disturbance of the said
done maliciously. Art 154 is not Catholic will be ex-communicated. Can they be held liable of
meeting. The crime is Art 153. A: Attempted murder or Homicide as the
violated. It is necessary that Art 154?
case may be.
the said publication must be A:Yes because they encouraged
Q: There was this peaceful gathering, let’s say a public  In case of alarms and scandals, the
done maliciously under the disobedience to the law. It has been enacted
meeting, a peaceful meeting about the increase of fares of only intention of the offender is to
third act. into law and by encouraging the people that they
the MRT and the LRT. One of the participants therein, one of cause damage to public peace and
would be ex-communicated if you will obey it,
the persons therein went to the platform and took the mic

Page 20
tranquility that is to cause alarm and Q: What if he saw this lead pipe (tubo) and upon seeing this  On the other hand, a prisoner that is public official because the giving of bribe is
danger. That is his intention. lead pipe, he would bang all the gates that he would pass convicted by final judgment is one who considered clearly as a qualifying or as an
by. Is he liable for alarms and scandals? has been convicted by the lower court and aggravating circumstance in delivering
 In Illegal Discharge of Firearms A: Yes because his acts caused damage to public who did not appeal his conviction within prisoners from jail.
under Art 1254 his intention is to peace and tranquility. the period to perfect an appeal then the
threaten the said person or any other judgment becomes final and executory. He  The jail warden custodian who received
persons. He aimed the firearm and ARTICLE156 – DELIVERING PRISONERS FROM JAIL has to serve the sentence. Or he has been the bribed money and allowed A’s escape
discharges the firearm pointing at a convicted then he appealed to the higher is liable under Art 223 infidelity in the
particular person absent: intent to court within the period to perfect an appeal custody of prisoners. Aside from that,
1. That there is a person confined in a jail or penal
kill. There was no intent to kill, it is and the said higher court affirmed the said he is also liable for direct bribery
illegal discharge of firearm. conviction. The conviction will now become because in case of infidelity in the custody
2. That the offender removes therefrom such final and executory so he is now a prisoner of prisoners, the giving and receiving of
But given in the same problem, he
persons, or helps the escape of such person. convicted by final judgment. Generally, bribe is not a qualifying or aggravating
knows his enemy, pointed the firearm
at his enemy but with intent to kill. they are those who are serving sentence in circumstance therefore the jail warden
 The PENALTY for the crime is QUALIFIED if violence or
He discharged the firearm but his Muntinlupa. custodian will be liable for 2 crimes;
intimidation has been used in the commission of the
enemy was not killed. It is attempted Infidelity in the custody of prisoners and
crime also if bribery is used in delivering prisoners direct bribery for having received the
homicide or murder as the case may ILLUSTRATION:
from jail.
be. Since there is an intent to kill on Q: Let’s say A is a prisoner convicted by final judgment. He bribed money in the amount of
the part of the offender even if the is serving his sentence in Muntinlupa. B his friend visited P500,000.00.
 Who is the offender?
victim was not killed it is still in the him. B was a rich man. He planned A’s escape on his
 The offender is any person. He can be a private  The guard at the entrance gate of the
attempted stage. birthday. He did this by talking to the jail warden custodian.
individual or a public officer or employee
B the friend gave the jail warden custodian P500,000.00. He penal institution will be liable for
provided that he is not the custodian of the said
Q: What if in the same problem, it was in a public place, X gave bribe to the jail warden custodian to allow A his friend delivering prisoners from jail. He is not
prisoner because if the offender who helped in the custodian and he helped in the
went to the said place, he saw his enemy Y. He went near Y, the escape of the prisoner from jail is the to escape at that night. He also went to the guard at the
took out his gun and poked the gun at Y but did not entrance gate of the New Bilibid Prison and gave the guard escape/removal of the prisoner from jail.
custodian of the said prisoner, the crime is under
discharge the said gun. What crime is committed? P100,000.00, also to allow his friend to leave at that night. Therefore, he is liable for delivering
Art 223 Infidelity in the custody of prisoners
That night, A escaped and left the penal institution. He went prisoners from jail. The fact that he
A:The crime committed is other light because the element of breach of trust and
to the house of another friend who harbored him and received bribed money will not make him
threats. NOTE that under other light threats confidence reposed on him by the government.
concealed him despite the fact that he was an escapee from liable of direct bribery because in delivering
the offender merely poked the firearm at the
a penal institution. What are the crimes committed by A (the prisoners from jail, it is only a qualifying
victim without discharging or firing the firearm. If
prisoner), B (the friend), jail warden custodian, the guard of circumstance which will only increase the
the firearm has been discharged, 3 crimes may
 Who is the prisoner being referred to in delivering imposable penalty.
be committed depending on the intent. It can be the penal institution, and the friend who harbored him?
persons from jail?
alarms and scandals, illegal discharge of firearms A: A is liable of evasion of service of sentence
 He can be a detention prisoner or a prisoner  The friend who harbored and concealed
or attempted homicide or murder as the case under Art 157. He is a prisoner convicted by final
convicted by final judgment for as long as he is him will be liable under PD 1829 that
may be. judgment therefore he is liable for evasion of
in a jail or penal institution. is obstruction of justice. It is committed
service of sentence.
 A detention prisoner is a prisoner who is by any person who willfully or deliberately
Q: You have a neighbor, it was his birthday. They rented a behind bars but the case against him is obstructs or impedes the investigation or
videoke and kept on singing along till 12mn. The guests ongoing either because the crime he Q: What if he is not serving his sentence in Muntinlupa. Let’s the apprehension of a criminal.
already left, the birthday celebrant was the only one left, it’s committed is a non-bailable offense and say he is just a detention prisoner. Can he be held liable for  Why not an accessory?
already 1:30am and he’s still singing at the top of his voice evidence of guilt is strong or the crime he evasion of service of sentence? o Because I did not mention in the
with the use of the mic. His neighbors cannot sleep because committed is a bailable offense but he does A: No. Evasion of service of sentence can only problem the crime committed by the
of his ugly voice. Everyone in the neighborhood could hear not have the enough funds to put up the be committed by a prisoner convicted by final judgment. prisoner. For an accessory to the
him and cannot sleep. Can he be held liable under Art 155 required bail.  In the given problem, A is convicted by crime, it is necessary that the crime
alarms and scandals? final judgment therefore A is liable for committed by the prisoner must be
A: Yes. He can be held liable under alarms and The prisoners at the provincial jail, city jail, evasion of service of sentence under treason, parricide, murder, attempt
scandals because his only intention that night is municipal jail, they are merely detention Art 157. to take the life of the chief executive
to cause a disturbance of public peace and order. prisoners. They are not yet convicts. They or is known to be habitually guilty of
are only accused, suspects therefore they  B the friend is liable under Art 156 some other crime. I did not mention
Q: Let’s say a person was intoxicated. He was drunk. He are presumed innocent unless and until Delivering prisoners from jail the crime committed by the prisoner.
was on his way home. He was singing at the top of his proven that they’re guilty of the crime qualified by the giving of bribe Therefore his liability is under PD
voice. Is he liable for alarms and scandals? charged. They are merely detention therefore his penalty will be qualified 1829 Obstruction of Justice.
A: No because it is normal to sing at the top of prisoners. because he gave bribe money inorder to
his voice. help in the escape of his friend. He will not ARTICLE157 – EVASION OF SERVICE OF SENTENCE
be liable for another crime of corruption of (Art 157)

Page 21
ELEMENTS: said place, he commits evasion of Q: What if 48hrs had lapsed, still he did not return. What is conditional pardon so as to free himself
1. That the offender is a convict by final judgment. service of sentence. the effect of his criminal liability? from taking place behind bars.
2. That he is serving his sentence which consists in A:There will be an additional penalty
deprivation of liberty. ARTICLE158 – EVASION OF SERVICE OF SENTENCE imposed on him. 1/5 on the basis of the  Is violation of conditional pardon a substantive
3. That he evades the service of his sentence by ON THE OCCASION OF DISORDERS, remainder of his sentence but note that it shall offense or not?
escaping during the term of his sentence. CONFLAGRATIONS, EARTHQUAKES, OR OTHER not exceed six months.  It depends. If you will look at Art 159,
CALAMITIES (ART 158) there are 2 situations. Under Art 159, if the
 Evasion of service of sentence can only be committed ELEMENTS: Q: There was this earthquake, everything was shaking. He penalty remitted by the grant of pardon
by a person convicted by final judgment. It cannot be just hid under the table. He did not leave the penal does not exceed 6yrs, the moment he
1. That the offender is a convict by final judgment
committed by a mere detention prisoner. institution. He was so loyal to the government that he did violates any of the conditional pardon,
who is confined in a penal institution.
 not even think to leave. Will he be given credit? there is a new penalty imposed upon him
2. That there is a disorder resulting from ----
PENALTY IS QUALIFIED if such evasion or escape takes that is prisioncorreccional minimum 6
a. Conflagration A:No. Under Art 158 there is no credit to be
place: months and 1 day to 2 years and 4
b. Earthquake given to him. Under Art 98, there is no special
1. By means of unlawful entry months. A new penalty is imposed on him
c. Explosion time allowance of loyalty for just hiding under
2. By breaking doors, windows, gates, walls, roofs therefore in this case, violation of the
d. Similar catastrophe the table and not leaving the penal institution.
or floors; conditional pardon is a substantive offense
e. Mutiny in which he has not
3. By using picklocks, false keys, disguise, deceit, because a new penalty is imposed on him.
participated Q: Why those who are loyal to the government and did not
violence or intimidation; or BUT on the second part of Art 159, if the
3. That the offender evades the service of his leave the penal institution be not given credit? Isn’t it unfair?
4. Through connivance with other convicts or penalty remitted is more than 6 years; no
sentence by leaving the penal institution where A: The reason is that prisoners are considered
employees of the penal institution. new penalty is imposed on him for having
he is confined, on the occasion of such disorder as accountabilities of the government. It is the violated the terms of the pardon. He is only
or during the mutiny. duty of the government to protect the prisoners. required to serve the remainder of the
ILLUSTRATION: 4. That the offender fails to give himself up to the In times of calamities or public disorders, the sentence. In this case, violation of the
Q: You often read in the newspapers, heard over the radios, authorities within 48 hours following the issuance state cannot protect these prisoners therefore conditional pardon is not a substantive
watch on TV, 5 prisoners escaped from the Caloocan city of a proclamation by the Chief Executive the State encourages them to leave inorder to offense because there is no new penalty
jail, 10 prisoners escaped from Palawan Provincial Jail. Did announcing the passing away of such calamity. protect themselves. But important thing is that imposed for the commission of the crime.
they commit evasion of service of sentence? they show their loyalty to the government hence
A: No. These persons did not commit evasion of  It is required under Art 158 that the prisoner is serving they will return.
his sentence in a penal institution. ARTICLE160 – COMMISSION OF ANOTHER CRIME
service of sentence under art 157 because they DURING SERVICE OF PENALTY IMPOSED FOR
are merely detention prisoners. For evasion of  In this kind of evasion of service of sentence under Art
sentence to arise, the prisoner who has escaped 158, the crime will arise not upon the act of leaving
must be a prisoner convicted by final judgment. the penal institution but upon the convict’s failure to
return/to give himself to the proper authorities within ELEMENTS: 1. The offender was already convicted by final
Under Art 157, the said prisoner the said 1. The offender was a convict
48 hours. That is only when the crime will arise. judgment of one offense.
prisoner must be serving which involves 2. He was granted a conditional pardon by the 2. He committed a new felony before beginning to
deprivation of liberty and he escapes during the Chief Executive
ILLUSTRATION: serve such sentence or while serving the same.
service of his sentence by evading the service of 3. He violated any of the conditions of such pardon
sentence. Q: What if there was this earthquake, X was a prisoner
 Who is a quasi-recidivist?
The law says, it is a prisoner serving his convicted by final judgment. Everything was shaking and
TWO KINDS OF PARDON:  A quasi-recidivist is any person who shall commit
sentence which involves deprivation of liberty. It because of the earthquake, X escaped the penal institution.
1. Absolute Pardon which totally extinguishes the a felony after having been convicted by final
is necessary that the sentence imposed on him He went to the house of his mother. That night while
criminal liability judgment before serving his sentence or while
must involve deprivation of liberty either it is watching the television, he saw the president
2. Conditional Pardon which partially serving his sentence.
behind bars or he has been convicted of a crime announced/declared that the calamity had already
wherein the penalty is destierro. Even if the ceased/passed away. Within 48hrs he returned. What is the extinguishes criminal liability.
 Conditional Pardon is said to only partially  Under Art 160 it is stated that the maximum penalty
penalty prescribed is destierro, the moment he effect on his criminal liability?
extinguishes criminal liability because the prescribed by law shall be imposed therefore it is a
enters the place wherein he is prohibited from A:If the said convict escaped and returned
said pardon is subject to strict terms and special aggravating circumstance.
entering in the judgment of the court, he also to the proper authorities within 48hrs;  Art 160 is a misplaced article because book 2 is about
committed evasion of service of sentence. there shall be a credit or a deduction from conditions. Therefore, there must be an
acceptance in the part of the prisoner felonies and art 160 is a special aggravating
 Destierro under Art 27; Destierro is his sentence. There is 1/5 deduction/credit
granted pardon. The moment he accepts circumstance.
also a penalty which involves from his sentence. Under Art 98 this is special
time allowance for loyalty. He was too loyal to the conditional pardon, it means it is
deprivation of liberty although partial TITLE FOUR
the government that even if he already left the incumbent upon him to comply to all of the
not complete deprivation of liberty CRIMES AGAINST PUBLIC INTEREST (Articles 161 –
penal institution he still returned; such kind of strict conditions. The moment he violate
because the offender or the convict is 189)
loyalty must be rewarded. any of the terms and conditions he
not allowed to enter a place
commits evasion of service of sentence
designated in the judgment of the
because it shows that he just accepted the ARTICLE161 – COUNTERFEITING THE GREAT SEAL
court. The moment he enters the

Page 22
ISLANDS, FORGING THE SIGNATURE OR STAMP OF  When is it committed? II. Importing or uttering such mutilated coins, with 3. Knowledge
THE CHIEF EXECUTIVE  A. Counterfeiting (imitation of false the further requirement that there must be  Under the first act, the offender is in
 Acts punished: coins) is committed by any person who connivance with the mutilator or importer in case possession of the false, mutilated,
I. Forging the Great Seal of the Government of shall imitate a genuine and authentic coin of uttering. counterfeited coin. It is another
the Philippines. making it appear that it is a true, genuine, person who counterfeited the coin.
II. Forging the signature of the President. and authentic coin. The offender copies the  Mutilation is the act of taking off a part of the metal The offender is only in possession of
III. Forging the stamp of the President. peculiar design of the coin and makes a content by filing it or substituting it for another metal it but in order for him to be held
spurious one out of it. of inferior quality. liable; he must have the knowledge
 Art 161 punishes the person who forges the great seal  The offender gathers the metal dust that he has taken that the coin is counterfeited or
of the Philippines, signature of the chief executive and B. Importing false coins is committed off from the said coin. mutilated and despite having such
forging the stamp of the chief executive. by any person who shall bring into the  While the offender took out a part of the metal coin, knowledge; he has the intent to
Philippine ports any false and counterfeited he is in effect diminishing the intrinsic value of the said utter, circulate, pass away, to give
 Art 161 is the crime when the person is the one who coins. It is not necessary for the offender coin therefore who would be given the said coin would away to another the said coin.
committed the forgery, but if the offender is not the to be liable that he shall circulate the false be deceived of the this crime hence a crime in violation
one who forges the great seal, signature but he knows coins because there is a third act of of public interest is committed. II. Actually uttering such false or mutilated coin
that the document contain a forge stamp, signature of uttering false coins. knowing the same to be false or mutilated.
the President and despite such knowledge that it was a ILLUSTRATION: ELEMENTS:
forgery he makes use of the same, liability is under C. Uttering false coins is committed by Q: There were 3 children/adults. They were playing kara- 1. Actually uttering, and
162. any person who shall circulate, give away krus. So they toss the coin, however before doing that, they 2. Knowledge.
to another, pass from one person to would scratch the coin on the steel therefore the metal  In the second act it is the act of
ARTICLE162 – USING FORGED SIGNATURE OR another any counterfeited or false coins. content of the coin is diminished. Can they be held liable actually circulating or uttering the
COUNTERFEIT SEAL OR STAMP (Art 162) under Art 164? counterfeited coin despite knowledge
ELEMENTS:  In case of counterfeited or imitated false coins, it is that it is counterfeited or mutilated.
A: No. because there was no intent to gather the
not necessary that the coins be the subject of
1. That the Great Seal of the Republic was metal dust of the said coin.
counterfeiting must be of legal tender. Even if the coin ILLUSTRATION:
counterfeited or the signature or stamp of the  Can they be held liable of any crime?
is not a gold coin, if the offender copies or imitates or Q: What if A is under surveillance, reports came to the
Chief Executive was forged by another person.  Yes. They can be held liable under
counterfeits the peculiar design of the said coin; he police that he had been circulating false coins. A went to the
2. That the offender knew of the counterfeiting or PD 247
becomes liable under Art 163. bakery store, he bought bread worth P 50.00. He gave the
3. That he used the counterfeit seal or forged  PD 247 punishes any person who willfully or store owner 5 P 10.00 counterfeited coins. Thereafter, after
signature or stamp. knowingly defaces, mutilates, tears, burns or destroys giving the counterfeited coins, he immediately left. The
ILLUSTRATION: any currency notes or coins issued by the police arrived and A was gone and it was the owner of the
 Art 162 punishes the person who, despite knowledge Q: A is in possession of a coin which was of legal tender BangkoSentralngPilipinas. store who is left. The police officer asked the owner of the
of the forged signature, stamp or great seal of the during the time of Marcos in 1972. It was a proven genuine  In case of violation of PD 247 it is not required that store to open the cash bin. There they saw the 5 P 10.00
Republic of the Philippines still he makes use of the coin. He copied the said coin and made a spurious one out there is intent to mutilate on the part of the offender. coins which were counterfeited. They arrested the owner of
same document. of it. Is he liable under Art 163? It is not required that the offender has the intent to the store. Is the owner of the store liable under Art 165?
A: Yes he is liable for making and importing gather the metal dust of the coin although these are A:No he is not liable of selling of false coins
ILLUSTRATION: and uttering false coins under Article 163. required under Art 164. or mutilated coins, without connivance under Article
Q: In an official document, the signature of the President 165. First, he was caught in possession.
was forged by A then it was given to B. B knew that it was a Q: What if while he was in possession of the said coin; he Q: In a P 1000.00 bill, a person put his cell phone no. on it.  Was there possession?
forgery nevertheless he made use of the same. What crime took out a part of the metal content of the said coin. Can he Is he liable under PD 247?  Yes. The counterfeited coins were
was committed? be liable for Mutilation of coins under Art 164? A: Yes he is liable under PD 247. found in his cash drawer. Possession
A:A committed a crime under 161. And B A:No, he cannot because in Art 164 or does not only mean physical or actual
committed a crime under 162. mutilation of coins, it is necessary that the coin possession. Possession means
 But PD 247 is akin to a dead law because no one has
subject of mutilation must be of legal tender. It constructive possession which means
been prosecuted by it.
must be in present currency because otherwise, that the counterfeited or mutilated
it cannot be said that the public has been coins are in his control and custody.
ELEMENTS: deceived. COIN, WITHOUT CONNIVANCE possession is present.
1. That there be false or counterfeited coins  Acts punished: 
2. That the offender either made, imported or ARTICLE164 – MUTILATION OF COINS I. Possession of coin, counterfeited or mutilated by  Was there intent to utter the counterfeited coins
uttered such coins.  Acts punished: another person, with intent to utter the same, on the part of the said owner?
3. That in case of uttering such false or I. Mutilating coins of the legal currency, with the knowing that it is false or mutilated.  Yes. The fact that he placed it in the
counterfeited coins, he connived with the further requirement that there be intent to ELEMENTS: cash drawer means he can use it to
counterfeiters or importers damage or to defraud another. 1. Possession, buy another thing or as a change to
2. With intent to utter, and the people who will buy from his

Page 23
bakery therefore circulation has a payable to order or other document of  Falsification of mere forms does not amount to official documents. Before a public
way from one person to another. credit not payable to bearer is forged or falsification of a public document. Because the said document may be considered as an official
Therefore the second element is also falsified by another person. form is not yet complete in itself – it has no name, no document, it is necessary that it shall be
present. 2. That the offender knows that any of those address – an unfilled-out/up form. It is not issued by a public officer in the exercise of
 instruments is forged or falsified. falsification. his official functions. There is a law that
 How about the third element of knowledge on 3. That he performs any of these acts ---- requires a public officer to issue the said
his part the coin was counterfeited? a. Using any of such forged or ILLUSTRATION: public document, then it becomes an
 The third element is absent evidently falsified instruments; or Q: So what if A was found outside the building of the LTO official document.
based on the facts that the store b. Possessing with intent to use office. He was carrying falsified unfilled-out/up forms of
owner has no knowledge that the any of such forged or falsified driver’s license. It was distinct, it was falsified, it was not the  A PRIVATE DOCUMENT, one which has been executed
coins are counterfeited. In fact he instruments. real driver’s license form. He was arrested by the NBI. Can by a private person, if there is no intervention of public
gave bread worth P 50.00. He was he be held liable for falsification of a public document? official.
also deceived. If he had only known  An instrument is payable to bearer when it can be
that the coins were counterfeited, he transferred by mere delivery.
A: NO. Because what he is carrying is only an  A PRIVATE DOCUMENT however, even though
would not have given bread worth P e.g. Check payable to cash. Whoever
unfilled-out form. It is not yet complete in itself. executed by a private person without the intervention
50.00. is in possession of the said check can
It is not yet capable of creating rights or of a notary public or a legally authorized person, can
Therefore, he may not be held liable come to the bank. It can be
extinguishing an obligation. It is not yet also become a public document. That is when the said
because also he is in possession, and transferred by mere delivery.
susceptible of evidence of the facts stated private document is submitted to the public officer and
he has the intent to utter the coins; it becomes part of the public records. The moment the
 On the other hand a check is payable to order where thereon.
he does not have the knowledge that said private document becomes part of the public
the said coins were counterfeited. it can be transferred by mere delivery when there is an
Q: So what crime if any was committed by A? records, it is now a public document and when it is
endorsement coming from the person named or
issued and it is falsified, what is falsified is a public
ARTICLE166 – FORGING TREASURY OR BANK NOTES specified therein. It is an instrument payable to the
document and no more a private document.
OR OTHER DOCUMENTS PAYABLE TO BEARER; order of a specific person or his order. A: A merely committed violation of Article 176 –
IMPORTING, AND UTTERING SUCH FALSE OR e.g. Payable to the order of that is mere possession of instrument or  It is necessary to distinguish the kind of document that
FORGED NOTES AND DOCUMENTS Charmaine. This cannot be implements for falsification, but not yet is being falsified - whether it is a public, official,
transferred from one person to falsification of a public document.
 Acts punished: commercial or private because of the different effects.
another without an order coming
I. Forging or falsification of treasury or bank
from Charmaine. There 4 types of documents which may be falsified:
notes or other documents payable to  If what has been falsified is a PUBLIC, OFFICIAL OR
bearer. 1. PUBLIC DOCUMENT – a document which is COMMERCIAL DOCUMENT, damage or intent to cause
II. Importation of such false or forged ARTICLE169 – HOW FORGERY IS COMMITTED (Art issued by a notary public or competent public damage to the offended party or to any other person
obligations or notes. 169) official with the solemnities required by law is not an element.
III. Uttering of such false or forged obligations 1. By giving to a treasury or bank note or any
or notes in connivance with the forgers or instrument payable to bearer or to order 2. OFFICIAL DOCUMENT – a document issued by a
 On the other hand, if what has been falsified is a
importers. mentioned therein, the appearance of a public official in the exercise of his official
true and genuine document. PRIVATE DOCUMENT, for the crime to arise, it is
2. By erasing, substituting, counterfeiting, or necessary that there must be damage or at least,
ARTICLE167 – COUNTERFEITING, IMPORTING, AND intent to cause damage to the private offended party
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER altering by any means the figures, letters, 3. COMMERCIAL DOCUMENT – any document
words, or sign contained therein. or to any other party.
ELEMENTS: defined and regulated by the Code of Commerce
 If what has been falsified is a PUBLIC OR OFFICIAL
or any other mercantile law
1. That there be an instrument payable to  If what has been falsified is a coin; you call it DOCUMENT, it is not necessary that there be damage
order or other document of credit not counterfeiting. or intent to cause damage. Because a public document
4. PRIVATE DOCUMENT – a document, a deed or
payable to bearer. If it is the stamp, seal or signature of the President; – an official document - is presumed authentic and
 instrument executed by a private person without
2. That the offender either forged, imported legal. It is presumed to be “prima facie evidence” of
you call it forging. the intervention of the notary public of any other
or uttered such instrument. the facts stated therein. As such, the moment it is
 If it is treasury or bank notes; it is considered as person legally authorized, by which document
3. That in case of uttering, he connived with forging. falsified, the crime will immediately arise, without need
some disposition or agreement is proved,
the forger or importer. It is a document; you call it falsification. that there be damage on the part of the offended
 evidenced or set forth
party. Because in Falsification of a Public Document,
FALSIFICATION (ART 170, 171, 172)  Is a public document distinct from an official being solemnly proclaimed by the said document.
 In case of FALSIFICATION, to amount to falsification, document? Hence DAMAGE IS NOT AN ELEMENT.
it is necessary that the writing that is falsified must be
a document in a legal sense of the word – capable of  All official documents are considered ARTICLE171 – FALSIFICATION BY PUBLIC OFFICER,
1. That any treasury or bank note or making rights and/or extinguishing an obligation. as public documents, but not all EMPLOYEE OR NOTARY OR ECCLESIASTICAL
certificate or other obligation and security Therefore, it must be complete in itself so that it would public documents are considered MINISTER
payable to bearer, or any instrument be sufficient in evidence.

Page 24
 The first kind of falsification under Article 171, we have the falsification may affect the civil status of Art. 171 provides for the DIFFERENT ACTS OF STATEMENT OTHER THAN THOSE IN FACT MADE BY
the falsification committed by a public officer, persons. FALSIFICATION. These acts of falsification are also THEM
employee or notary public or an ecclesiastical minister. applicable in Art. 172:  So under the third act, persons participated
1. The offender is a public officer, employee, notary 1. The offender is a public officer, employee, notary HANDWRITING, SIGNATURE OR RUBRIC. statements therein, however, the offender
public or an ecclesiastical minister. public or an ecclesiastical minister.  So what is COUNTERFEITING? in a document may appear that these
 If the offender is an ecclesiastical  The offender is said to have persons have made certain statements
2. He takes advantage of his official position. minister, for him to be liable under counterfeited a signature, which were not in fact made by them.
 The offender is said to have taken Article 171, it is necessary that the handwriting or rubric if he has
advantage of his position or office document that he falsifies must affect imitated an official handwriting, Q: So what if in the SangguniangPanglungsod, an ordinance
when: the civil status of a person. signature or rubric. was being passed. There was a votation, majority of the
a. He has the duty to make or  If the document falsified by an  So there is an original handwriting or councilors voted, two of the councilors dissented and their
prepare or to otherwise ecclesiastical minister will not affect signature and the offender imitiated vote were NO. they just stated that they were voting in the
intervene in the preparation of the civil status of a person, he is still or copied the said original negative, but, they did not give any explanation for their
the document; or liable for falsification, but not under handwriting or signature. dissent or the vote of NO. however, in the minutes appeared
b. He has the official custody of Art. 171, rather under Art. 172. by the Sangguniang Secretary, the latter made it appear that
the document which he falsifies  So, a priest falsified the communion  Is COUNTERFEITING the same as the two councilors made statements that they voted NO
certificates of one of the FEIGNING? because the said ordinance is contrary to law. Is the said
3. That the said offender falsifies a document by students/pupils receiving the first  Feigning a handwriting, signature or secretary liable for falsification?
committing any of the following modes stated communion, the crime committed is rubric is NOT THE SAME as
therein: falsification under Art. 172, not under counterfeiting. When you say A: YES. He is a public officer. He is the one who
a. By counterfeiting or imitating Art. 171 because a certificate of FEIGNING, it means “simulating” a prepared the minutes for the
any handwriting, signature or communion will not affect the civil handwriting, signature or rubric. That SangguniangPanglungsod and he made it appear
rubric. status of the said child. is, making a handwriting, signature that the 2 councilors stated that the said
b. Causing it to appear that or rubric out of nothing which does ordinance is contrary to law and in truth and
persons have participated in 2. He takes advantage of his official position. not exist. It is an imaginable, an fact, they did not made those statements. So the
any act or proceeding when  It requires that the offender takes inexistent handwriting, signature or said secretary is liable for falsification.
they did not in fact so advantage of his official position. rubric.
participate.  The offender is said to have taken IV. MAKING UNTRUTHFUL STATEMENTS IN A
c. Attributing to persons who advantage of his position or office II. CAUSING IT TO APPEAR THAT PERSONS HAVE NARRATION OF FACTS
have participated in an act or when: PARTICIPATED IN ANY ACT OR PROCEEDING WHEN  The evidence of this act of falsification
proceeding statement other a. He has the duty to make or THEY DID NOT IN FACT SO PARTICIPATE. requires:
than those in fact made by prepare or to otherwise i. That the offender makes in a
them intervene in the preparation of Q: What if a notary public issued, he prepared or issued an document untruthful statement in
d. Making untruthful statements in the document; or extrajudicial settlement of an estate. In the said extrajudicial a narration of facts;
a narration of facts b. He has the official custody of settlement of an estate, it is stated that all the heirs of a ii. That he has legal obligation to
e. Altering true dates the document which he falsifies certain decedent can already agree by themselves to disclose the truth of the facts
f. Making any alteration or partition the property. So it is an extrajudicial settlement of narrated by him
intercalation in a genuine an estate and in it, the notary public made it appear that all
3. That the said offender falsifies a document by iii. The facts narrated by the offender
document which changes its the 12 heirs of the decedent had participated, but un truth
committing any of the following modes stated are absolutely false
meaning and in fact, two of the heirs where in another country and
therein: iv. The untruthful narration must be
g. Issuing in authenticated form a they did not participate in the execution of this extrajudicial
 If you will look at Art. 171, it does such as to effect the integrity of
document purporting to be a settlement of the estate. Is the notary public liable?
not state the kind of document that the document and that the
copy of any original document A: YES. The notary public is LIABLE under
has been falsified, it may not be offender does so with the intent to
when no such copy a statement the second act (causing it to appear that
stated because it necessarily follows injure or prejudice another person
contrary to, or different from persons have participated in any act or
that of the genuine original that the document falsified is a public
or official document because the proceeding when they did not in fact so  It is necessary that the intention of the
h. Intercalating any instrument or participate).He caused it to appear that A and
offender is public officer or employee intention of the offender must be to
note relative to the issuance B participated in the execution of the
or notary public. Therefore INJURE ANOTHER PERSON.
thereof in a protocol, registry or extrajudicial settlement of the estate, when they
necessarily, the document being  In case of making false statements in a
official book. did not in fact so participate.
falsified in Art. 171 is a public official narration of facts, it is necessary that the
or official document. offender must have the legal obligation to
4. In case the offender is an ecclesiastical minister,
III. ATTRIBUTING TO PERSONS WHO HAVE disclose the truth in the said narration of
the act of falsification is committed with respect
to any record or document of such character that

Page 25
 Absence of such legal obligation, then it authenticated copy of an original  In ARTICLE 172, yes, the document  Under the third act – USING FALSIFIED WIRELESS,
cannot be said that he is liable for document, but no such original exists falsified is a public, official or commercial TELEGRAPH OR TELEPHONE MESSAGES, this time, it
falsification. 2. By including such copy a statement document, but, the offender is a private can be committed by any person.
 When you say legal obligation, there is a contrary to or different from a genuine individual even if the offender is a private
law which requires him to state nothing but original individual, since the document falsified is a Articles 174 and 175 refer to the persons who shall
the truth in the said document. public, official or commercial document, be criminally liable in case of falsified document.
Q: So what if the offender, a public officer, falsified the Q: What if a notary public issued a deed of absolute sale IS NOT AN ELEMENT.
statement in his residence certificate or community tax and he said that it is an original copy of a deed of absolute CERTIFICATES OF MERIT OR SERVICE, ETC
certificate. Although he stated his true name, he did not sale between A and B. A selling his property to B, but in II. Falsification of private document by any
 Under Art. 174, if the offender is a PHYSICIAN OR
state his address, citizenship, etc. So makes false statement truth and in fact, no such deed of absolute sale was person
 The document falsified is a PRIVATE SURGEON who issues a false medical certificate in the
of facts in his residence certificate or community tax executed between A and B. Is the notary public liable?
DOCUMENT. The offender is any person. practice of his profession, he becomes liable under Art.
certificate, otherwise known as cedula. So he was charged A: YES. He is liable under the second act of
He can be a private individual, he can be a 174.
with falsification. He contended that there is no law which falsification in the seventh act of the 3 rd element  Likewise, Art. 174 punishes a PUBLIC OFFICER who
requires him to state the truth in his residence certificate. Is private officer or employee for as long as
in Art. 171. issues a false certificate of merit, service or good
his contention correct? the document falsified is a private
document, it necessary that there must be conduct, moral character, etc.
A: His contention is wrong. According to a ruling  And, under Art. 174, ANY PRIVATE INDIVIDUAL who
Q: What if a civil registrar issued a certificate of live birth. So damage caused to a third person or at
in the Supreme Court, if it is a residence falsifies a medical certificate or certificate of merit or
here comes A. A was asking that he should be given a least the intention of the offender is to
certificate or community tax certificate, there service or good conduct shall be also criminally liable.
certified copy of a certificate of live birth. In the said CAUSE DAMAGE.
need not be a law which requires a person to  The offender is the person who falsifies, issues the
certificate of live birth issued by the said civil registrar, there  Absence of damage or intent to cause
state the truth in the said residence certificate, it false medical certificate or certificate or merit.
was a statement that A was an illegitimate child, but in the damage, then falsification of a private
is inherent in the kind of document. Since it is a  If the offender is not the falsifier, but he knows that
original copy of the certificate of live birth submitted to the document will not arise.
residence certificate or cedula, it is inherent that the said document is falsified and he makes use of the
office of the Office of the Civil Registrar, there was no such
in this document, nothing but the truth must be same, his liability is under Art. 175.
statement. Is the civil registrar liable? III. Use of falsified document
stated – no falsity. Because it requires
identification.  A document has been falsified and the
A: YES. He is liable under the second act of offender uses the said document. ARTICLE175 – USING FALSE CERTIFICATE
falsification in the seventh act of the 3 rd element  If the falsified document is used in a  Under Art. 175, the offender knows that the medical
in Art. 171. Because he included in the said copy JUDICIAL PROCEEDING, again, DAMAGE or certificate or certificate of merit has been falsified and
 It is necessary that what has been altered
a statement contrary to or different from that of INTENT TO CAUSE DAMAGE is NOT AN despite that knowledge, he makes use of the same.
must be a true date and in the alteration of
a genuine original. ELEMENT because it is a judicial
the said true date, the document will no
proceeding. ILLUSTRATION:
longer have any effect.
 But if the said falsified document is used in Q: So what if the defense counsel is about to present his
VIII. INTERCALATING ANY INSTRUMENT OR NOTE any other transaction, this time, damage or witness. The witness is a person who was present in the
RELATIVE TO THE ISSUANCE THEREOF IN A intent to cause damage is an ELEMENT. scene of the crime who actually saw the incident – that is
 2 ACTS: PROTOCOL, REGISTRY OR OFFICIAL BOOK. according to the defense counsel. However, on the date of
i. The offender makes an alteration  INTERCALATION – making any insertion in ARTICLE173 – FALSIFICATION OF WIRELESS the said hearing, the said witness failed to appear, the
ii. The offender makes an intercalation any instrument or note TELEGRAPH AND TELEPHONE MESSAGES defense counsel said to the judge: “Your Honor, my witness
in a genuine document which  Punishable acts is in the hospital, he cannot even get out of bed. He is very,
changes its meaning  So these acts, under ARTICLE 171, are also the very I. Uttering fictitious, wireless, telegraph very sick.” The judge, however, was doubtful of the said
 ALTERATION – changes in a document same acts punished under Art. 172. or telephone message manifestation of the defense counsel and so the judge told
 INTERCALATION – there must be some II. Falsifying wireless, telegraph or the defense counsel: “Okay, let him appear in the next
insertion made in the said document, in a telephone message hearing and make sure that he brings with him a medical
genuine document that changed the III. Using such falsified message certificate to show that indeed he can testify in this hearing.
meaning of the said document With that, the defense counsel informed the witness of the
 THREE PUNISHABLE ACTS/FELONIES? said order of the court. The said witness was in that time,
I. Falsification of a public, official or  If the act punished is UTTERING FICTITIOUS,
VII. ISSUING IN AUTHENTICATED FORM A DOCUMENT WIRELESS, TELEGRAPH OR TELEPHONE MESSAGES healthy, it is just that he was too afraid to testify. However,
commercial document by a private in the next hearing, he is deemed required to produce a
DOCUMENT WHEN NO SUCH COPY A STATEMENT TELEPHONE MESSAGES, note that these can only be medical certificate showing that he was bedridden. And so,
 So in case of FALSIFICATION OF A PUBLIC, he went to his medical doctor. He asked the doctor to issue
CONTRARY TO, OR DIFFERENT FROM THAT OF THE committed by a person working in a department,
GENUINE ORIGINAL agency or corporation which is engaged in a business a medical certificate saying that he was very, very sick and
a PRIVATE INDIVIDUAL, is just the same that he could not get out of bed on the said date. The said
 2 ACTS PUNISHED: of receiving and sending wireless, telegraph and
as ARTICLE 171 – they only differ in that in doctor issued the said medical certificate and then his
1. The offender issued in an authenticated telephone messages.
Art. 171, the offender is a public officer or
form a document purporting to be an witness appeared on the second hearing and presented him
employee. to the court. It was submitted to the records of the court.

Page 26
What crime or crimes is/are committed by doctor or the agency thereof, under pretense of official was no false pretense of official position SO RELATED IN ARTICLE 178 IS C.A. 142 AS AMENDED
physician as well as by the witness? position, and without being lawfully entitled to therefore he cannot be held liable under Article  What is an alias? What does C.A. 142, as amended,
do so. 177 or usurpation of official function because his or the Anti-Alias Law provide?
A: The PHYSICIAN is liable under Art. 174. He  It is necessary that the offender performs an act was only done out of pacific (promote peace;  According to the SC, an alias is a name or names
issues a false medical certificate in the exercise act. Mere representation will not suffice. It to end a conflict) spirit to help ease the said use intended to be used by a person publicly and
or in the practice of his profession. is necessary that he performs an act traffic. habitually, usually in business transaction other
On the other hand, the WITNESS, despite pertaining to a person in authority or a than the name registered at birth for the first
knowledge that it is a falsified medical certificate, public officer of any department or agency ARTICLE178 – USING FICTITIOUS NAME AND time before the local civil registrar.
still made use of the same and he presented and of the Philippine government or of a CONCEALING TRUE NAME  Under C.A. 142 as amended, except as
submitted it to the court. foreign government.  Punishes two acts: pseudonym, in literary, cinema, television, radio
 In usurpation of official functions, it is I. USING FICTITIOUS NAME and other entertainment purposes, and in
necessary that the act pertaining to a  Committed by any person who shall athletic events wherein the use of a pseudonym
person in authority or a public officer must use a name other than his real name is a normal practice, no person can use any
be under pretense of official position and publicly for concealing a crime, or name other than his name by which he is
without being lawfully entitled to do so. evade the execution of a judgment, registered at birth at the local civil registrar or by
 This is the felony that is if a person was found in
or to cause damage to public which he is registered by the Bureau of
possession of unfilled-out forms of driver’s license, he
ILLUSTRATION: interest. Immigration upon his entry into the Philippines.
can be held liable for falsification of a public document
Q: What if an administrative case was filed against the ELEMENTS:  The use of any other name must only be upon
and liable only in Article 176.
mayor before the Office of the Ombudsman. During the 1. The offender uses a name other than his approval by the judicial or competent authority.
 Under Art. 176, what was being punished are:
investigation of the case, the Ombudsman preventively real name  Therefore, no person can use any other name
1. Making or introducing into the Philippines any
suspended the mayor for a period of six months. The DILG 2. That he uses that fictitious name other than the name by which he is baptized at
stamps, dies, marks or other instruments or
implemented the suspension order and the vice-mayor was publicly the office of the civil registrar in your place other
implements for counterfeiting or falsification.
made the acting mayor. However, upon advice of his 3. That the purpose of the offender is than the name by which he is recorded in Bureau
2. Possessing with intent to use the instrument or
counsel, the suspended mayor began working, began either: of Immigration, if case he is a foreigner coming
implements for counterfeiting or falsification
performing the acts of being a mayor after 90 days of a. to conceal a crime; or here in the Philippines. He can only use his
made in or introduced into the Philippines by
preventive suspension. That is because according to his b. to evade execution of a name. EXCEPT if he is an actor, if he is an
another person.
counsel, he can only be suspended for a period of 90 days. judgment; or athlete, then he is allowed to use a pseudonym.
So on the 91st day of his suspension, he again began c. to cause damage to public When he is a writer of a book, then he is allowed
ARTICLE177 – USURPATION OF AUTHORITY OR to use a pseudonym, a pen name other than his
OFFICIAL FUNCTIONS assuming the function of a mayor. He signed documents, he interest.
issued memorandum, etc. as the city mayor. Is he liable II. CONCEALING TRUE NAME real name because it is a normal practice OR if
I. Usurpation of authority is committed when a he files the use of a substitute name before the
under Article 177 for usurpation of official function? ELEMENTS:
person knowingly and falsely represents himself court and he is allowed by judicial or competent
A: Yes, he is liable for usurpation of official 1. The offender conceals—
to be an officer or agent of any department of authority to use any other name, then he can
function under Article 177. The reason is that a. his true name; AND
the Philippine government or agency thereof or also use another name. But outside these, a
he is still under preventive suspension. Unless b. all other personal circumstances
of a foreign government. person can only use the name by which he is
and until it is lifted by the Ombudsman and the 2. That the purpose is only to conceal his
 The crime will immediately arise from the registered at the office of civil registrar.
said lifting was implemented by the DILG, he identity
mere act of person of knowingly and falsely
representing himself to be an officer or remains to be a suspended mayor. And for
having acted, for having performing an act HOW WOULD YOU DISTINGUISH IF THE CRIME CESARIO URSUA v. CA
agent of any department or agency of the
Philippines or of a foreign country. It is not pertaining to the office of a mayor, he is said to COMMITTED IS USING FICTITIOUS NAME OR  The said accused made use of a different name.
necessary for the offender to commit any be committed a violation of Article 177, CONCEALING TRUE NAME? he used the name of Oscar Perez in the office of
act, to perform any act. It suffices that he usurpation of official function.  In case of using fictitious name, the use of a the Ombudsman as he was trying to get a copy
falsely represents himself to be an officer name other than his real name, is done publicly. of the complaint filed against him. It was
or agent of the Philippine government. The Q: What if there was heavy traffic. So there was no MMDA There is the element of publicity. Whereas, in however discovered that a case of violation of CA
crime will immediately arise. However, the officer or policeman manning the traffic. One of the owners case of concealing true name, it is not necessary 142 was filed against him.
said false representation, aside from being of the vehicle caught in the traffic alighted from the vehicle that the use of another name, concealing his  The SC held that he is not criminally liable. The
done knowingly, must be such that he and he manned the traffic to ease the flow of the traffic. The true and real name must be done publicly. SC acquitted the accused because according to
intended to be known by such other person said man performed an act pertaining to an officer of the  Using fictitious name and concealing true name the SC, the use of the name Oscar Perez in an
or by public as a representative or agent of MMDA, pertaining to a traffic enforcer. Is the said man liable differ in purposes. In case of using fictitious isolated transaction, without any showing,
Philippine government. for usurpation of official function? name, the purpose is to conceal a crime, evade absent an evidence that henceforth he wanted to
A: NO. While the man performed however he the execution of judgment or to cause damage be known by the name of Oscar Perez in not
II. There is usurpation of official function if any did not do so under pretense of official position to public interest. On the other hand, in within the prohibition of CA 142 as amended.
person performs an act pertaining to a person in and without being lawfully entitled to do so. concealing true name, the only purpose of the There was no evidence that showed that
authority or a public officer of the Philippine There was no intent on his part to falsely offender is to conceal his true and real identity. henceforth he wanted to be known by that
Government or of a foreign government or represent himself as to be in that position. There name. There was no showing that henceforth, he
ANTI-ALIAS LAW (C.A. No. 142, as amended) wanted to be called by the said name therefore it

Page 27
cannot be said that Oscar Perez is an alias of the he has the intention to conceal his true the uniform of a prisoner, it is not an office held by the and the fiscal presented the said witness. The witness
accused. identity. In fact, his true identity can offender, it is not also a class of persons. When you say a however was not present at the scene of the crime but in his
easily be verified just by going to the said class of persons of which he is a member, it refers to a testimony the witness said that he was present at the scene
PEOPLE v. ESTRADA address; therefore he is not also liable for dignified class of persons. He is assuming that he belongs to of the crime and that he actually saw the accused stabbing
 In this case, the former president made use of concealing true name. the said class of persons. Here, he is even belittling himself the victim to death. The accused, A knew that the witness
the name Jose Velarde in signing a trust account.  Is he liable under CA 142, as amended? because he was wearing a uniform of a prisoner. Hence, it was testifying falsely because he knew that at the scene of
So he signed a trust account, using the name  He is also not liable under CA 142, as cannot be said that he violated Article 179. the crime, it was only he and the victim who were present.
Jose Velarde and so he was charged with amended, because the use of the name After trial on the merits, the judge, acquitted the said
violation of CA 142 as amended. Y in a single transaction, in a single FALSE TESTIMONY (ART 180, 181, 182) accused A. In other words, the judge did not give weight to
 Again, the SC said, the use by Erap of the name isolated transaction, without any showing  False testimony can either be false testimony in the testimony of the false witness. Can A still file a case
Jose Velarde in a single, isolated transcation, that henceforth he wanted to be known criminal cases (Articles 180 and 181), false against the false witness?
without any showing that henceforth he wanted as Y is not within the prohibition of CA testimony in civil cases (Article 182) and false A:Yes, A can still file a case of false
to be known by such name, is not within the 142, as amended. testimony in other cases. testimony against the false witness. He can
prohibition of CA 142 as amended. First, it was  False testimony in criminal cases can either be: still file a case of false testimony against the said
not done publicly and was in fact done secretly in ARTICLE179 – ILLEGAL USE OF UNIFORMS AND (1) false testimony against a defendant (Article false witness even of the court did not consider
the presence of Laquian and Chua and the said INSIGNIA 180) and (2) false testimony favorable to the said false testimony. Even if the court did not
act of signing does not make it public because  Committed by any person who makes use of any defendant (Article 181). give any merit on the said false testimony and
these two are his close friends therefore it was insignia, uniform or dress which pertains to an acquitted him. The crime will arise the moment
done secretly, in a discreet manner. Hence, it office not being held by the offender or to a class the said offender testified falsely in open court
was not done publicly. It was also not done of person of which he is not a member and he whether in favor or against a defendant.
habitually. The element of habituality is not makes use of such insignia, uniform or dress  In a criminal proceeding, the offender-witness
present because there was no showing that in publicly and improperly. testified falsely against a defendant knowing that Q: What if in the same case, A was being prosecuted for
any other transaction, he made use of the name ELEMENTS: his testimony is false and then the said homicide. Then the prosecution presented the witness. The
Jose Velarde. Hence, he was also acquitted 1. The offender makes use of INSIGNIA, defendant is either acquitted or convicted. witness testified falsely against the defendant saying that he
although convicted by Sandiganbayan, he was UNIFORM or DRESS saw the actual act of killing. After trial on the merits, the
acquitted by the SC. 2. That the insignia, uniform or dress pertains to judge convicted the accused, the judge believed the false
an office not being held by the offender or to a testimony and so the judge convicted him. Upon conviction,
1. That there be a criminal proceeding
Q: What if a lawyer was having a massage in a sauna bath class of person of which he is not a member. within 15 days from the promulgation of judgment, the said
2. That the offender testifies falsely under oath accused, the said convict, filed an appeal before the CA.
parlor. He did not know that as a front it is a sauna bath 3. That the said insignia, uniform or dress is against the defendant therein. While the case was pending before the CA, can the said
parlor but in truth and in fact, it was a prostitution den. At used publicly and improperly.
the time that he was having this massage service, the police 3. That the offender who gives false testimony accused, the convicted person, already file a case of false
 The offender uses the insignia, uniform or dress of an knows that it is false.
raided the place because they were able to secure a search testimony against the false witness who testified against
office not held by him or a by a class of person of 4. That the defendant against whom the false
warrant. And among those arrested was the said attorney. him?
which he is not a member and he used the same testimony is given is either acquitted or
The said attorney was brought to the PNP station and he A:Not yet. Any case would still be a
publicly and improperly. convicted in a final judgment. (People v.
was asked of his name, ashamed to reveal his true identity, premature case. In fact, you would not know
his true name, he said that he was Y and did not state that Maneja) what court will have jurisdiction. You would not
he was Atty. X. However, when he was asked his residence, ILLUSTRATION: know if the court that will have jurisdiction over
he stated the truth. As of the name of his wife, he stated the Q: What if a person was wearing a uniform. So he said that ARTICLE181 – FALSE TESTIMONY FAVORABLE TO the false testimony is the RTC or the MTC
truth. As of the name of his children, he stated the truth. Is it was a uniform of a certain organization known as H world DEFENDANT because the penalty to be imposed on the false
he liable for using fictitious name? but in fact, no such organization ever existed. Is he liable  In a criminal proceeding, the offender-witness witness is always dependent on the penalty
A: He is not liable for using fictitious name. under Article 179? testified falsely in favor of the defendant and he imposed on the convict.
First, he did not do so publicly. Second, his use A: No, he is not liable of Illegal use of knew that his testimony is indeed false.  Under Article 180, if the defendant has been
of the name was not done to conceal a crime, to insignia, uniform or dress Article 179. The convicted and the penalty imposed is capital
evade the execution of sentence or to cause reason is that H world does not belong to any  Whether it be a false testimony against or false punishment or death then the false witness shall
damage to public interest—none of these office, doesn’t refer to a class of persons; testimony in favor of a defendant, it is immaterial be imposed with a penalty of reclusion temporal.
purposes is present; therefore he is not liable for therefore, he is not liable under Article 179. whether the court will consider or not the said false If the defendant, upon conviction is imposed
using fictitious name. testimony. The case may be filed. with a penalty of reclusion perpetua and
 Is he liable for concealing true name? Q: What if a person made use of a uniform of a prisoner. So reclusion temporal, the penalty will be imposed
 No, he is not liable for concealing you see a person, he was receiving a holy communion, he ILLUSTRATION: on the false witness is prision mayor. If the said
true name. Although he concealed his was wearing an orange t-shirt with a big letter P at the back Q: What if A is being prosecuted for the crime of homicide, defendant is convicted and the penalty imposed
real name, Atty. X, he did not conceal his which means Prisoner. Can he be held liable under Article on him is any other afflictive penalty, the penalty
for having killed the victim. So while he is being prosecuted,
other personal circumstances. He 179? to be imposed on the false witness is prision
the fiscal presented a witness. This witness was also brought
divulged his address. He divulged the A: He is not liable of Illegal use of insignia, correcional. On the other hand, if the penalty
in by the heirs of the victim. The heirs of the victim said that
name of his wife, the names of his uniform or dress under Article 179. Although he used imposed on the said defendant is prision
the witness saw the said act of killing. The fiscal believed
children; therefore, it cannot be said that correcional, arresto mayor, fine or he was

Page 28
acquitted. If he was acquitted, the penalty to be  PERJURY is the willful and deliberate assertion of ILLUSTRATION: no office opened so he went to the legal office of his father,
imposed on the said person who testified falsely falsehood on a material matter made before an officer Q: What if X made a false statement in a criminal hoping that there was a lawyer there. However, there was
is arresto mayor. duly authorized to receive and administer oath. proceeding, what crime is committed? only the janitor and he asked the janitor to sign in the
 So in this case, the penalty on the false witness ELEMENTS: A: The crime committed is FALSE TESTIMONY. notary public part and then submitted it to the office of the
is always dependent on the penalty to be 1. The accused made a statement under oath bar confidante. Is the said applicant for the bar liable for
imposed by the court on the defendant; or executed an affidavit upon a material perjury or is he liable for falsification?
Q: A makes a statement in a labor case against B. What
therefore, there must first be a final conviction matter A: He is liable of FALSIFICATION and not of
crime is committed?
by final judgment.  There are two ways of committing perjury because the person who received and
A: The crime committed is PERJURY.
 NOTE: if it is an acquittal, the case can be perjury: administered the oath is not a confidante officer
immediately filed because an acquittal is The offender either:  If the false statement under oath is made in a judicial
duly authorized to receive and administer the
immediately executory. You cannot appeal an 1. Makes a statement proceeding whether it be a criminal or civil proceeding, oath. He was a mere janitor and not a notary
acquittal. It is immediately executory. under oath (he makes a false the crime committed is FALSE TESTIMONY. If the said
public. As such, the crime committed is
testimony); or false statement, however, is made in a non-judicial
falsification. Again, the essence of perjury is the
2. Executes an affidavit proceeding, administrative proceedings, or quasi-
Q: So the case was filed against A for homicide, here comes violation of the solemnity of the oath.
on a material matter judicial proceedings, then the crime committed is
a witness, the witness testified falsely in favor of the
(if it is an affidavit, it PERJURY. So if the false testimony or the false
accused. Can the private complainant, the heirs of the Q: A wrote a love letter to the girl that he is pursuing. In the
is also required statement is made in a labor case, in an administrative
victim, immediately file a case of false testimony against the said love letter, he stated falsities such as “You are the only
under oath) case, in an application for search warrant, during the
witness right after the giving thereof? one in my life.” when in truth there were three of them. He
2. The said statement under oath or affidavit preliminary investigation, before the fiscals’ office, the
A: Yes, because in case of false testimony in crime committed is perjury. stated “I love you and I miss you” and they were all falsities.
favor of the defendant, the penalty of the false was made before a competent officer duly He even asked it to be notarized and sent it to his third
witness is not dependent on the penalty to be authorized to receive and administer oath girlfriend. Is he liable for perjury?
 In order to amount to perjury, it is Q: What if the offender makes false narration of facts in a
imposed on the said accused or defendant. A: No, he is not liable for perjury. He is not
necessary that the said oath must be cedula. The offender makes a false narration of facts in a
driver’s license. What crime is committed? liable for perjury because the said love letter is
given before an officer duly
ARTICLE182 – FALSE TESTIMONY IN CIVIL CASES not required by law. The fourth element
authorized to receive and administer. A: FALSIFICATION.
 Right after the giving of the false testimony, the requires, to amount to perjury, the sworn
Otherwise, it cannot be considered as
private complainant or the aggrieved party, can statement under oath or the said affidavit must
perjury because the essence of Q: What if the offender makes a false narration of facts in a
immediately file a case against the false witness be required by law because it is a crime against
perjuryis the violation of the statement of assets, liabilities and net worth. So a public
who testified in favor of the defendant. public interest not a crime against personal
solemnity of oath. officer filed a statement of assets, liabilities and net worth. It
ELEMENTS: interest.
 If the person who received the oath contains falsities, false narration of facts. What is the
1. The testimony must be given in a civil case is not duly authorized, it cannot be liability?
2. The testimony must relate to the issues said that there is a violation of the Q: What if in a case submitted in a fiscal’s office, so there
A: The liability is PERJURY.
presented in said case (relative or solemnity of the oath. was a complaint and attached thereto is a sworn statement.
pertinent) In the said sworn statement, the witness said that he saw
WHERE LIES THE DIFFERENCE BETWEEN the accident. He saw the accused bumped the victim.
3. The testimony must be false 3. That in the said statement or affidavit, the
FALSIFICATION AND PERJURY? According to him, at the time, he was watching Saksi, when
4. The false testimony must be given by the offender makes a willful and deliberate
assertion of falsehood  In falsification, the document is not required to suddenly a commotion occurred outside, he ran out of the
defendant knowing the same to be false. be under oath. In case of perjury, the document window, he saw at that particular time the accused hitting
 It is necessary for perjury to arise
5. The testimony must be malicious and given is required to be under oath. the said victim with his vehicle and so he saw the accused
that the offender deliberately,
with intent to affect the issues presented in that caused the death of the victim. That was his statement
knowingly ascertained a falsehood.
the said case (U.S. v. Aragon) in the affidavit filed to the fiscal’s office. During
There was a deliberate intent on his HOW ABOUT THE DIFFERENCE OF FALSE STATEMENT
 In case of false testimony in a civil case, right AND PERJURY? investigation, however, it was discovered he was not
part; therefore, good faith is a
after the giving of the false testimony, the false watching Saksi, he was watching Bandila, the news program
defense in perjury.  If the false statement is made in a judicial
witness can be immediately prosecuted in court. in ABS-CBN and not the news program in GMA. Is he liable
 Perjury likewise cannot be committed proceeding, it is false testimony. If the false
 In order to amount in false testimony in civil of perjury?
out of mere negligence. It is statement is made in a non-judicial proceeding
cases, there must be litigation. Take for example A:No, he is not liable of perjury. Although it
necessary that there must be a or administrative proceeding or quasi-judicial
a sum of money, breach of contract. If the false was under oath, administered by a fiscal, still it is
deliberate intent on his part to assert proceeding, it is perjury.
testimony is given in a special proceeding, for no perjury because it is not on a material matter.
a falsity either in the statement or ILLUSTRATION:
example, petition for nullity of marriage, petition Whatever it is that he was watching at the time,
affidavit. Q: An applicant for the bar filled out an application form for
for separation, petition for habeas corpus, these even if it is cartoon, it doesn’t matter. What
are special proceedings and a false testimony of the bar, there was a statement therein, “Have you ever been
4. The said statement or affidavit containing matters is that he heard the commotion, he ran
a person who testified falsely during this special fined or convicted of any crime?” and the answer was no,
falsity is required by law. however, in truth and in fact, he has already been fined for to the window, and he saw the accused bumping
proceeding, the case is under Article 183, false the victim. He saw that it was the accused who
 If it is not required by law then it the crime of jaywalking. He answered no and then this
testimony in other proceedings. killed the victim and that it was the car of the
cannot be considered as a crime. application for the bar is required to be under oath. He was
accused that hit the victim. Only then, it will be
ARTICLE183 – PERJURY looking for a notary public since it was a Sunday, there was

Page 29
considered as perjury but whatever he was  The mere act of soliciting any gift or auctioned. If there will be less bidders, less necessary that there be actual restraint in trade or
watching, it was immaterial. It was not on a promise, so that he will refrain from participants in the said public auction, then the public commerce.
material matter; therefore it will not amount to taking part of the public auction, will will not be able to get the best price for the thing
perjury. already give rise to the crime. It is subject of the public auction. Here, if the non- ILLUSTRATION:
not necessary that he actually participation of the other bidders was caused by a Q: What if Petron, Caltex and Shell connived, combined and
SUBORNATION OF PERJURY is committed by a person received the gift, it is not necessary person, then he is liable under Article 185. Again, the agreed with one another to hoard fuel. They know that the
who knowingly and willfully procures another to swear that he actually will not participate in intention of the offender is to cause the reduction of fuel prices will increase by March and so they decided to
falsely and the witness suborned does testify under the the said auction. the price of the thing which is the subject of the public hoard it. Can they be held liable under Article 186?
circumstances rendering him guilty of perjury. ELEMENTS: auction.
 Juridical corporations cannot be the subject of
NOTE: Subornation of perjury is not expressly penalized in 1. There be a public auction.
criminal action. First, it cannot be said that
RPC; but the direct induction of a person by another to 2. The accused solicited any gift or a ARTICLE186 – MONOPOLIES AND COMBINATIONS IN juridical persons can act with intent. Second, you
commit perjury may be punished under Article 183 in promise from any of the RESTRAINT OF TRADE cannot imprison a juridical person in case of
relation to Article 7, meaning, the crime is plain perjury but bidders.  Acts punished: conviction. So if the offender is a juridical entity,
the one inducing another will be liable as principal by 3. That such gift or promise was the I. COMBINATION TO PREVENT FREE who shall be held liable?
inducement and the one who testified as principal by direct consideration for his refraining COMPETITION IN THE MARKET  The president, the directors or any of the
participation. from taking part in that public  This is committed by any person who members of the said corporation,
auction. shall enter into any contract or association or partnership, who knowingly
4. The accused had the intent to agreement or taking part in any
ARTICLE184 – OFFERING FALSE TESTIMONY IN permitted and allowed this combination or
cause the reduction of the price combination whether in the form of
EVIDENCE monopoly in restraint of trade or
of the thing auctioned. trust or otherwise, in restraint of
 Committed by any person who shall offer in evidence commerce. Note that they must have
trade or commerce or to prevent by knowingly permitted the same otherwise,
any false testimony or any false witness either in a II. ATTEMPTING TO CAUSE BIDDERS TO artificial means free competition in they cannot be held criminally liable.
judicial proceeding or in any official proceeding. STAY AWAY the market.
ELEMENTS:  By attempting to cause bidders to II. MONOPOLY TO RESTRAIN FREE  If the objects, which are the subject of this monopoly
1. The offender offered in evidence a false stay away from an auction by COMPETITION IN THE MARKET or combination in restraint of trade or commerce are
witness or false testimony. threats, gifts, promises or any other  This is committed by monopolizing prime commodities such as food, motor fuel,
2. The offender knew the witness or the artifice any merchandise or object of trade or lubricants, it is not even necessary that there be
testimony was false.  The mere attempt to cause bidders commerce or by combining with any conspiracy. A mere proposal, a mere intial step to
3. The offer was made in a judicial or official not to participate in the said public other person or persons in order to hoard, to prevent free competition in the market
proceeding. auction by threats, gifts or promise alter the prices thereof by spreading will already give rise to the crime.
 Is this the same as subornation of perjury? will already give rise to the crime. It false rumors or making use of any
 Subornation of perjury is committed by any is not necessary that the bidders other artifice to restrain free ARTICLE187 – IMPORTATION AND DISPOSITION OF
person who procures a false witness in would not actually participate. competition in the market. FALSELY MARKED ARTICLES
order to perjures himself and testify falsely ELEMENTS: III. MANUFACTURER, PRODUCER, OR
in a case. There is no such crime as 1. There be a public auction  Committed by any person who shall imports, sells or
subornation of perjury under the 2. The accused attempted to cause disposes any article or merchandise made of gold,
present RPC because we already have the bidders to stay away from silver, other precious materials, or their alloys
Article 184. that public auction. ELEMENTS:
 Article 184 is committed when any person 3. It was done by threats, gifts, 1. The offender IMPORTS, SELLS or DISPOSES
who procures a witness and offers him as promises or any other artifice. any article or merchandise made of gold,
evidence in court can be held liable under 4. The accused had the intent to silver, other precious materials, or their
Article 184 or he can be held liable as a cause the reduction of the price alloys
principal by inducement in false testimony of the thing auctioned. 2. That the STAMPS, BRANDS, or MARKS of
 The FIRST TWO ACTS under Article 186 can be
or as a principal by inducement in perjury; those articles or merchandise FAIL TO
committed by any person and not necessarily by
therefore subornation of perjury is not  In order to be liable for this crime, whether it be the INDICATE the actual fitness or quality of
manufacturers, producer or processors. The THIRD
necessary and it is not a crime under act of solicitation or the act of attempting to cause said metals or alloys
ACT however, can be committed only by
Philippine jurisdiction, under the RPC. bidders to stay away from public auction, it is 3. The OFFENDER KNOWS that the stamps,
manufacturers, processors, producers and importers
necessary that the intention of the offender is to cause brands or marks fail to indicate the actual
who combined with any other person or persons in
ARTICLE185 – MACHINATIONS IN PUBLIC the reduction of the price of the thing which is fitness or quality of the metals or alloys.
order to commit a transaction prejudicial to lawful
AUCTIONS the subject of the public auction. The acts commerce or to increase the market price of any
 There are two acts punishable under Article 185 complained of must be done for the purpose of  This is considered a criminal act because the offender,
merchandise or object of commerce
I. SOLICITING GIFT OR PROMISE reducing the price of the thing being auctioned. despite knowing that the articles or merchandise that
 By soliciting any gift or promise as a he imported are misbranded, he still imports the same,
 Whether it be the first, second or third act, the mere
consideration for refraining from  In public auction, it is necessary that the public must sells the same or disposes the same
conspiracy in order to restrain or to prevent free
taking part in any public auction. be able to get the best price for the thing being competition will already give rise to the crime. It is not

Page 30
 Mere importation is a punishable act; therefore it is 3. The delivery of the thing sold and the the witnesses were able to prove the crime of means, with or without consideration. Therefore
not necessary for the offender to become liable under payment thereof illegal sale of dangerous drugs. it is necessary that the one delivering dangerous
Article 187 that he must have sold the misbranded  Because if the dangerous drugs drug must have the knowledge of the thing that
articles or that he must have disposed the article had not been delivered, the Q: How about the poseur-buyer? Is it necessary for the he is delivering is dangerous drug.
because mere importationwill already give rise to third element is lacking, the poseur buyer to testify in court? What if the prosecutor
the crime. sale is abds forted, there is only failed to have the poseur-buyer testify in court? Does it DELIVER – an act of knowingly passing a dangerous drug
ATTEMPTED ILLEGAL SALE of mean to an acquittal? to another, personally or otherwise, and by any means, with
dangerous drugs not or without consideration.
TITLE FIVE consummated illegal sale of A: The testimony of the poseur-buyer is not
CRIMES RELATIVE TO OPIUM AND OTHER dangerous drugs because the indispensable in a case of illegal sale of SECTION 6 – MAINTENANCE OF A DEN, DIVE, OR
PROHIBITED DRUGS third element is lacking. dangerous drugs. It is not indispensable because RESORT
the transaction can be proven by the other police  Any person who maintains a den, dive, or resort
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Q: What if a person has been prosecuted for Illegal sale of officers who have witnessed the transaction. for the use of illegal drugs are liable under this
(RA 9165) Dangerous Drugs. The said operation was a buy bust However if the seller denies the existence of the section.
operation. It is an entrapment procedure which is allowed by said transaction; it is the incumbent upon the
law. Here, the criminal/evil intent originated mainly from the prosecution to grove the said transaction by the
SECTION 4 – IMPORTATION OF DANGEROUS DRUGS  Are the owners, persons maintaining the said
offender himself that’s why it is not considered as an presentation the said poseur-buyer.
AND/OR CONTROLLED PRECURSORS AND dangerous drug dens are only the ones who are
absolutory cause. Here, the Police Officers employed means
ESSENTIAL CHEMICALS criminally liable?
and methods to entrap and capture the criminal in flagrante General Rule: The testimony of the poseur-
 Is committed by: that is in the actual act of committing the crime. So what if  Under Section 7 of the act, even the
Any person, who, unless authorized buyer is not indispensable in a case of illegal sale employees who are aware of the nature of
in the buy bust operation, the accused drug seller was of dangerous drugs.
by law, shall import or bring into the Philippines the said den, dive or resort for the use and
arrested. In the said operation, the informant acted as the
any dangerous drug, regardless of the quantity Exemption: When the accused denies the sale of dangerous drugs are also criminally
posuer buyer. He was given marked money. The policemen
and purity involved. existence of the said transaction. If the liable. Likewise, even persons who are not
ran into the place of the drug seller. Only the poseur-buyer
prosecution failed to present the poseur-buyer to employees which knowingly visit the same
knocked at the door of the drug seller. The drug seller came
testify in court, it will amount to the dismissal of place despite the knowledge of the nature
 In one Supreme Court decision, it held that: For out and the poseur-buyer said that he wanted to buy
the case. of such den, dive, or resort are also
one to be liable for importation of dangerous drugs in the amount of P200. The drug seller said
dangerous drugs, it is necessary to be proven criminally liable.
okay and gave 2 plastic sachets of dangerous drugs to the
that the dangerous drugs that were taken in a poseur buyer. However, the poseur-buyer without having Q: Let’s say there is this cigarette vendor on the side walk
vessel came from a foreign country with the said given the marked money yet to the drug seller negligently and here comes a man who parked his car near the side Q: What if the said den, dive, or resort is owned by a third
dangerous drugs on board the said vessel; removed his eyeglasses so the Police officers thought that walk. He called the cigarette vendor and told the cigarette person? Let’s say A and B rented a house. After giving the
therefore the prosecution must prove that that was the signal that the sale has been consummated. vendor to deliver a package to the man inside the car which down payment, A and B went to the said house. A and B
the vessel which came into the Philippine They arrived at the said place and arrested the drug seller. is parked on the other side of the street. He told the used the house as a den for illegal sale of dangerous drugs.
ports had with it the dangerous drugs. Only The marked money was not given to drug seller. Does that cigarette vendor that he will give him P1000 if the he agreed The police officers were able to secure a warrant and A and
then can it be said that the dangerous drugs constitute his acquittal? to deliver the package to the man inside the car which is B were arrested. Can the owner of the said house be
have been imported from another country. parked at the other side of the street. The cigarette vendor criminally liable for the maintenance of the said den? How
asked the man what is inside the package however the man about the house? Can it be forfeited in favor of the
A: No provided that all the elements are
said “it’s none of your business to know what’s inside that. I government?
will give you P1000 if you deliver this to the man inside that
car parked at the other side of the street.” So the cigarette A: Under Sec. 6, the said den, dive, or resort for
TRANSPORTATION OF DANGEROUS DRUGS AND/OR Note that the second element only requires the vendor with the P1000 got the bag and delivered it to the the use of illegal sale of dangerous drugs shall
CONTROLLED PRECURSORS AND ESSENTIAL crime must be established. The corpus delicti man at the other side of the street. He knocked at the be escheated in favor of the government
CHEMICALS and the price must be established. It does not window and the man lowered his window. However at the provided that the following circumstances
require that there must be giving of the time of the said delivery the police officers arrived and
Selling Dangerous Drugs concur:
price/money. It suffices that the crime was arrested the cigarette vendor. Can he be prosecuted for
 Act of giving away any dangerous drug and/or established. 1. The information must allege that the
delivery of dangerous drugs? Can he be convicted for
controlled precursor and essential chemical said place is intentionally being used
delivery of dangerous drugs?
whether for money of any other consideration. in furtherance of illegal sale/use of
When the poseur-buyer said that he wants to
dangerous drugs.
buy illegal drugs for P200, the price has already A: He can be prosecuted for delivery of 2. Such intent must be proven by the
ELEMENTS OF SALE OF ILLEGAL DRUGS: been established. Therefore, all the elements will dangerous drugs however it is a defense on his prosecutor.
1. The identity of the buyer and the seller suffice even if the marked money has not been part that he has no knowledge that the thing he
given by the buyer to the seller. In fact, even if 3. The owner of the said house must be
 It is necessary that the identity is delivering is dangerous drugs because under
the marked money is not presented in court it included as an accused in the
of the buyer and the seller are RA 9165, delivering has been defined as the act
will not be a hiatus on the evidence of the information or complaint.
clearly identified. of knowingly passing a dangerous drug to
prosecution provided that the police officers and another, personally or otherwise, and by any
2. The object and the consideration

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If these 3 elements are present; then the firearms, it is the prosecution who  in Sec. 13, if any person was found in possession drugs however the 3rd element is lacking because
said house shall be confiscated and has the burden of proof that the said of dangerous drug in a party, social gatherings they found to have in their possession a plastic
escheated in favor of the government. person lacks license. or meetings, or in the proximate company of at sachet of other dangerous drugs other than the
least two (2) persons; the maximum penalty one they used. Therefore the proper crime
SECTION 8 – MANUFACTURE OF DANGEROUS DRUGS 3. The accused freely and consciously prescribed by law shall be imposed. charged is illegal possession of dangerous drugs.
 The presence if any controlled precursor and possessed the prohibited drug
essential chemical or laboratory equipment in the  There must be an animus posidendi SECTION 15 – ILLEGAL USE OF DANGEROUS DRUGS SECTION 21 – PROCEDURE IN THE SEIZURE AND
clandestine laboratory is a prima facie evidence on the part of the said accused. This ELEMENTS OF ILLEGAL USE OF CONFISCATION OF DANGEROUS DRUG
of manufacture of any dangerous drug. animus posidendi on the part of the DANGEROUS DRUGS:
accused is a prima facie presumed by 1. The offender was apprehended/ arrested in The apprehending team which has the initial
SECTION 11 – ILLEGAL POSSESSION OF DANGEROUS law. The moment a person was the actual use of dangerous drugs. possession of the seized/confiscated dangerous
DRUGS found in possession of dangerous  The first element requires that drugs shall:
drugs, the presumes that the person the offender must be actually 1. Inventory the dangerous drugs
knows that the thing in his using, sniffing the dangerous 2. Take photographs of the same
possession is dangerous drugs. drugs. in the presence of the accused
1. The accused was in possession of prohibited or from the person whom the
drug SECTION 12 - ILLEGAL POSSESSION OF DRUG 2. After a confirmatory test; he was found to dangerous drugs have been
PARAPHERNALIA be positive for use of any dangerous drugs. confiscated or in the presence
 In illegal possession of dangerous
drugs; the word possession does e.g. A person was found in possession of empty  He was at the PNP Crime Lab of his counsel, a representative
not only mean actual possession of plastic sachets and other instruments used for and after the confirmatory test, from the media, a
the dangerous drug in his body. It using dangerous drugs. He is therefore liable for he was found to be positive for representative from the
suffices that the said dangerous drug Illegal Possession of Drug Paraphernalia. use of dangerous drugs. Department of Justice, and an
is found in a place under the elected public official who shall
control and dominion of the said Q: What if a person was found in possession of drug be given a copy of the said
3. No other amount of dangerous drugs must
offender. paraphernalia can they avail the benefit of probation? inventory and who shall be
be found in his possession.
required to sign the same.
 If any other amount of
Q: By virtue of a search warrant the police officers A: Yes he can avail for probation. The dangerous drugs was found in
conducted a search in the house of A to look for cocaine. penalty prescribed by law for illegal possession his possession, then the proper Procedure:
They looked inside the bedroom and underneath the pillow of drug paraphernalia’s is an imprisonment charge would no longer be 1. Upon seizure/ confiscation of dangerous drugs,
on the bedroom of A, the found several sachets of cocaine. ranging from 6 months and 1 day to 4 years illegal use but illegal possession the same must be stated in the inventory list.
Can it be held that A is in possession of the said drugs? which is within the probationable penalty. Under of dangerous drugs. 2. There must be a picture taking of the dangerous
Sec. 24 of R.A. 9165, any person convicted for drugs in the presence of the accused or from the
A: Yes because it is under his control drug pushing and drug trafficking, regardless of Q: The police officers saw a man snatched the cell phone of person whom the dangerous drugs have been
and dominion. Possession does not the penalty imposed by the Court, cannot avail a woman. Since the police officers saw the man in confiscated or in the presence of his counsel, a
only mean physical or actual for probation. committing the crime inflagrante delicto of actual act of representative from the media, a representative
possession. It also means as snatching and the man runaway, they followed the man. The from the Department of Justice, and an elected
constructive possession for as long as So under Sec. 24; only those who are convicted man entered the house. The police officers upon entering public official.
the dangerous drugs is under his of drug pushing and drug trafficking which the house saw 3 men on a round table; they were in the 3. The elected public official must be required to
control and dominion. cannot avail for probation therefore for any other actual act of sniffing shabu. They were arrested and they sign the inventory list and shall be given a copy
violation of Dangerous Drugs Act, for as long as were asked to stand up and fold their arms up and they of the same.
2. Such possession is not authorized by law the penalty imposed by the court is 6 years and were searched. Upon the search, they found out that these
below, he can avail for the benefit of probation. 3 men; each of them was found a sachet of illegal drugs in
 The offender is not authorized by law
But if he is a drug trafficker/ pusher, one who is their pockets aside from the dangerous drug that they were Q: What if the police officers failed to comply with this
to possess such drugs. Dangerous
engaged in selling dangerous drugs, he cannot using. What cases will you file against the 3 men? procedure? In People vs. Sta. Maria, the police officers failed
drugs are per se contraband. They
avail of the benefit of probation even if the to comply with this procedure however there was conviction.
are per se illegal items. The
penalty imposed by the court is within the A: Illegal Possession of Dangerous Drugs. However, in the case of Dolera vs. People; the police officers
presumption is that such possession
probationable penalty because it is expressly No illegal use of dangerous drugs because the failed to comply with Sec. 21 procedure and this time there
is without authority of law. Therefore
prohibited by Sec. 24 of RA 9165. third element is one thing. Let’s say after the was an acquittal. Why is there an acquittal in the case of
the burden of proof is on the accused
to prove that he has the authority to confirmatory test they were found to be positive Dolera and why is there a conviction in the case of Sta.
possess unlike illegal possession of SECTION 13 – ILLEGAL POSSESSION OF DANGEROUS however 3 elements must concur: 1st element: Maria?
firearms. Illegal possession of DRUGS DURING PARTIES, SOCIAL GATHERINGS OR They were caught in the actual act of sniffing
firearms is not per se contraband MEETINGS shabu. 2nd element: After confirmatory test they A: The Supreme Court held that even if there is
therefore in illegal possession of were found positive of the use of dangerous failure to comply with the procedure underlined

Page 32
in Sec 21 of RA 9165 by the arresting officers, is illegal possession of dangerous drugs; can he plead for a 3. Maintenance of a den, dive, or resort 1. The offender performs an act or acts
there will still be conviction if the said non- lesser offense of illegal possession of drug paraphernalia? where any dangerous drug is used in any
compliance is due to justifiable reasons and form; 2. Such act or acts be HIGHLY SCANDALOUS as
provided that the police officers were able to A: He cannot because Sec. 28 of R.A. 9165 4. Manufacture of any dangerous drug; offending against decency or good customs
preserve the integrity and evidentiary bond of provides that any person charged in violation of 5. Cultivation or culture of plants which are  It is necessary that the act must
the confiscated dangerous drugs this is in any of the crimes charged under this act cannot the sources of dangerous drugs. be highly scandalous and
consonance with the chain of custody rule. avail of the plea-bargaining under the rules of offensive to morals, offensive to
court. Therefore any person charged in violation  If any of these acts mentioned is committed by decency and offensive to good
If the police officers were not able to comply of any of the punishable acts under R.A. 9165 the offender, a mere attempt; or conspiracy will customs.
with the procedure due to justifiable cause, they cannot plead guilty to a lower offense. already give rise to the crime as an exception to 3. That the highly scandalous conduct is not
must be able to preserve the integrity and the rule that in case of violation of penal law, expressly falling within any other article of
evidentiary bond of the confiscated dangerous there are no stages in the commission of the this Code.
drug that is; right after confiscation, it must be SECTION 25 – A POSITIVE FINDING FOR THE USE OF crime and conspiracy will not lie. So if any of the  The third element requires that it
marked to ensure that it was the dangerous DANGEROUS DRUGS SHALL BE A QUALIFYING crime committed is any of these five acts, mere must not expressly fall within any
drugs taken from the accused and must be AGGRAVATING CIRCUMSTANCE attempt will lie against the offender, conspiracy other article of this code. It must
turned over to the forensic laboratory for testing. will lie against the offender. not constitute any other violation
Q: A killed B. The police officers arrested A and they brought in the RPC. Grave scandal is a
CHAIN OF CUSTODY RULE him to the crime lab to be tested for the use of illegal use of As held in the case of People v Rolando Laylo, the charge crime of last resort because
 What is the Chain of Custody rule? (People v dangerous drugs. After testing, he was found positive for the was only attempted illegal sale of dangerous drugs. The sale you only file a complaint for
Gutierrez) use of dangerous drugs. What is the effect of it in the was aborted because even before the said drug poseur was grave scandal when the said act
 It is defined as the duly recorded criminal liability of A? able to transfer the dangerous drug to the police officer, the is not punishable under any
authorized movements and custody of A: Sec 25 states the a positive finding for the police officers already introduced themselves as such and other article in the RPC.
dangerous drugs from the time of use of dangerous drugs shall be a qualifying arrested him. As such, we only have attempted illegal sale of 4. The act or act complained of be committed in
confiscation/seizure to the receipt in the aggravating circumstance. dangerous drugs. a public place or within the public knowledge
forensic laboratory to safekeeping to or view.
presentation in court for destruction. SECTON 98 – LIMITED APPLICABILITY OF THE RPC  Then the fourth element
 What is the effect of a qualifying aggravating
circumstance?  In Book I, under Article 10, the provisions of the provides that the highly
 What is the purpose Chain of Custody rule? RPC shall apply suppletorily or supplementarily to scandalous act must be
 It changes the nature of the crime or even
 The purpose of Chain of Custody rule is to the provisions of the special penal laws UNLESS committed either in a public
without changing the nature of the crime it
ensure that the dangerous drug the special penal law provides otherwise. place or within public knowledge
will bring about a higher imposition of
seized/confiscated from the accused  One of the exceptions is provided for in Sec 98 or view. If the highly scandalous
is the very same dangerous drug of RA 9165, it is provided that the provisions of act is committed in a public
which has been tested by the forensic RPC, as amended, shall not apply to the place, the crime of grave scandal
chemist and it is the very same provisions of RA 9165. The law uses the word will immediately arise. The place
SECTION 26 –ATTEMPT OR CONSPIRACY being public, the law presumes
dangerous drug presented in court shall; therefore you cannot apply the provision of
that is; there has been no substitution  Express exception to the general rule that in case that someone may have
RPC to the provisions of RA 9165.
of evidence. of violation of a penal law, there are no stages witnessed the commission of the
 Exception to Section 98: If the offender is a minor
 Dangerous drugs are so small. There can and there is no conspiracy. highly scandalous act. However,
be a replacement of the effects therefore if the crime is committed or if the
 Where the offender is a minor, the
this Chain of Custody rule will ensure that  As a rule, in case of violation of penal law, we have no highly scandalous act is
penalty for acts punishable by life
there will be no substitution of the very attempted stages. In violation of special penal laws, committed in a private place, for
imprisonment to death provided shall
same dangerous drug seized/confiscated conspiracy unless expressly provided because these the crime of grave scandal to
be reclusion perpetua to death. arise, it is necessary that it must
from the accused at the time that they are only for violation of the RPC, for felonies. One of
were presented to the court. those exceptions is under Section 26 of RA 9165. be witnessed by one or more
Under Section 26 of RA 9165, any attempt or TITLE SIX persons to be said that it is
conspiracy of any of the following acts shall be CRIMES AGAINST PUBLIC MORALS (Articles 200 – within the public knowledge or
Q: What if a person is charged for illegal possession of 202) public view.
dangerous drugs and during his arraignment, he pleaded not punished already by penalty prescribed by law:
guilty and during the pre-trial, he said that he will change his
1. Importation of any dangerous drug; ARTICLE200 – GRAVE SCANDAL ILLUSTRATION:
plea if he will be allowed to plead guilty for a lesser offense
of illegal possession of drug paraphernalia. So he wanted to 2. Sale, trading, administration, delivery, Grave Scandal – a highly scandalous act Q: So let us say that A and B are boyfriend and girlfriend
avail of the plea-bargaining rule under the rules of court. distribution, transportation of dangerous offensive to good morals, good customs and and it is their anniversary. They went to Luneta Park and at
Under the plea-bargaining rule, you can plead guilty to a drug; decency committed in a public place or within exactly 12 midnight, in the middle of Luneta Park, they
lesser offense provided that the said lesser offense is public knowledge or public view. engaged in sexual intercourse. No one witnessed their
necessary included in the offense charged. Here, the charge ELEMENTS: sexual intercourse. Are they liable for grave scandal?

Page 33
A: YES. They are liable for grave scandal. They considered a prostitute. Before, if a man 210-211
have the right to engage in sexual conduct but ARTICLE201 – IMMORAL DOCTRINES, OBSCENE engages in sexual intercourse or lascivious  ARTICLE  ARTICLE
the fact that they performed the sexual conduct PUBLICATIONS AND EXHIBITIONS, AND INDECENT conduct he can be punished under Article 204 TO 207 208
in Luneta Park, a public place makes the act SHOWS 202 but now since vagrancy has been
offensive to public morals, decency and good Punishes: decriminalized by R.A. No. 10158, he can
customs and the said act does not constitute any I. Public proclamations of doctrines openly no longer be prosecuted. Only prostitutes
other violation in the RPC because they have the contrary to public morals who are woman.
right to engage in sexual intercourse. Therefore, II. Publication of obscene literature. In case of
the crime committed is grave scandal because 1. The offender is a judge
publication of obscene literature, it is the author, TITLE SEVEN
they performed the act in a public place even if 2. That he renders a judgment in a case
the editor, the owner or proprietor of the CRIMES COMMITTED BY PUBLIC OFFICERS (Articles
no one saw the commission of the said act still, submitted to him for decision
establishment that sells the said materials SHALL 203 – 245)
still because it is performed in a public place , it BE HELD CRIMINALLY LIABLE. 3. That the judgment is unjust
is presumed that someone may have seen the III. The third act punished is the exhibition of 4. The judge knows that his judgment is unjust
commission of the highly scandalous act. ARTICLE203 – PUBLIC OFFICERS
indecent shows, plays, scenes or acts in fairs, REQUISITES TO BE A PUBLIC OFFICER:
theaters, cinemas or any other places. UNJUST JUDGMENT – is one which is contrary to law, or
Q: So what if a wife and a husband, celebrating their 1. One must be taking part in the performance
IV. Selling, giving away or exhibiting films,, one that is not supported by evidence or both.
anniversary, engaged in sexual intercourse in their terrace. of public functions in the Government or one
engravings, sculptures or literature which are  The source of unjust judgment can either be mere
must be performing in said Government or in
So the act is committed in their premises, in the terrace of offensive to public morals. error or ill-will. If the source of an unjust judgment
any of its branches public duties as an
their house. However, the gate was open and so passersby is mere error on the part of the judge, then the said
would see them performing the sexual intercourse. Are they employee, agent or subordinate official, of
ILLUSTRATION: judge is not civilly, criminally, and administratively
any rank or class; and
liable for grave scandal? liable.
Q: So what if there is this building, when the person entered 2. That his authority to take part in the
A: YES. They are liable for grave scandal. The the said building, on the floor of the said building were these performance of public functions or to
said act does not constitute another offense in magazines. And the magazines contain men and women ILLUSTRATION:
the RPC because they have the right to engage perform public duties must be –
engaging in sexual intercourse, naked women and men, and a. by direct provision of the law; or In a case submitted to him for decision, the judge wrongfully
in sexual conduct. The sexual conduct was other obscene materials. Who shall be held liable when the
b. by popular election; or interpreted a provision of law. It is a new law, there is no
performed in the privacy of their home however; place was raided by the police? jurisprudence yet, the judge wrongfully interpreted it. The
people witnessed the commission of the said act. c. by appointment by competent
A: The author of the said literature, the editors judge cannot be held civilly, administratively, and more so,
It now becomes a highly scandalous act because authority
publishing such literature and the owner or criminally liable. The said judgment is an unjust judgment
it is within the knowledge of the public or within
proprietor of the establishment where the said because it was based on this error in the interpretation of
public view. Whenever a person applies to a public office, he has the so-
magazines were being sold. They will be held the law. However, there was no intent on the part of the
criminally liable under Article 201. called, OATH OF OFFICE. If he is high-ranking official, the said judge. Considering the basis of the unjust judgment is
Q: What if A and B are boyfriend and girlfriend. The oath is also before a high-ranking official. If he is a cabinet mere error. The said judge acted in good faith.
girlfriend is 11 yrs old and the boyfriend is 21 yrs old. And secretary, the oath is before the President or to the Supreme If however, the unjust judgment is based on bad
because it is their monthsary the girlfriend thought of giving Court Chief Justice. If he is only an ordinary employee, still faith, that is, it is based on ill-motive on the part of the said
Q: Let us say that there is this man, a healthy man and he he has oath of office. It is a document which is entitled,
herself as a gift and engaged in sexual intercourse in a judge, therefore, he can be held liable criminally, civilly and
can look for work but he does not want to work. So he was “OATH OF OFFICE”, he merely signs it.
public place Are they liable for grave scandal? administratively
just roaming around and he saw houses of prostitutes or
A: NO. They are not liable for grave scandal.
houses of ill-fames and he is always in this places. Can he be
The man is liable for statutory rape. A man who Felonies under TITLE SEVEN are felonies in violation of this
held liable for vagrancy? - For him to be criminally liable, knowing that he
had sexual intercourse with a child under 12 oath of office, they can either be:
A:NO, becausevagrancy has been rendered an unjust judgment, it is necessary
years of age, regardless of the consent, NON-
decriminalized by R.A. No. 10158 which was MISFEASANCE MALFEASANCE that the unjust judgment is rendered out of ill-
regardless of the willingness of the said child, the FEASANCE
approved on March 27, 2012. We no longer have motive or bad faith, out of greed, revenge,
man is liable for statutory rape. Because in so far
the crime of vagrancy. No person can longer be A public officer A public officer A public officer envy, or any other ill-motive. Hence he is
as criminal law is concerned, a child under 12 yrs
prosecuted for being a vagrant. performs an performs in his knowingly, known to have rendered an unjust judgment.
old has no intelligence of his/her own and is not
official acts in a public office an act willfully refuses
capable of giving a valid consent. Therefore,
 How about prostitution? Is there still a manner not in prohibited by law. or refrains from BASED ON MERE ERROR – no criminal, no civil, no
even if the girl voluntarily gave herself in so far
accordance with doing an act administrative liability
as the law is concerned, it is still statutory rape. crime for prostitution?
 YES. what the law which is his
It is not grave scandal because the third element
provides official duty to
is wanting. The said act fall under the violation of (GN: Performance ARTICLE205 – JUDGMENT RENDERED THROUGH
Who is a prostitute? do.
article of RPC that is under article 266-A for rape.  of some act which NEGLIGENCE
As I said, grave scandal is a crime of last resort.  A prostitute is any woman who, for money (GN: Improper This is again committed by a judge, who in a
ought not to be
You only charge it when the crime committed or profit, indulges in sexual intercourse or performance of (GN: Omission case submitted to him for decision, renders manifestly unjust
does not constitute any other violation in the lascivious conduct. So it is the work or job some act which of some act judgment.
RPC. of a woman. Note that the law defines it to might be lawfully which ought to
be a woman therefore; a man cannot be done) be performed)

Page 34
1. The offender is a judge ELEMENTS OF DERELICTION OF DUTY IN a. by any malicious breach of order of the court. By reason thereof, there is no evidence in
2. That he renders a judgment in a case THE PROSECUTION OF OFFENSES: professional duty behalf of the defense of his client was admitted by the
submitted to him for decision 1. That the offender is a public officer or officer b. by inexcusable negligence or Court. Because only evidences offered may be admitted by
3. That the judgment is manifestly unjust of the law who has a duty to cause the ignorance the court. And so, the judge convicted the accused, the
4. The it is due to his inexcusable negligence or prosecution of, or to prosecute, offenses.  THERE MUST BE DAMAGE TO client was prejudiced because of the counsel’s malicious
ignorance 2. That there is a dereliction of the duties of his HIS CLIENT breach of his professional duty. It is incumbent upon any
office; that is knowing the commission of the II. By revealing any of the secrets of his counsel to file a pleading within the reglementary period
crime, he does not cause the prosecution of the client learned by him in his provided by law or required by the court.
criminal or knowing that a crime is about to be professional capacity. - For failing to do so without any justifiable
evident that a judgment is unjust. A first year law student
committed, he tolerates its commission.  DAMAGE IS NOT NECESSARY reason, he caused damage to his client by
would know that it is unjust, therefore it is manifestly unjust
3. That the offender acts with malice and malicious breach of his professional duty.
judgment, because he acted in inexcusable negligence or
ignorance. deliberate intent to favor the violator of the law. III. By undertaking the defense of the
opposing party in the same case, Q: What if Atty. A was the counsel of X, he was behind bars
 Otherwise known as DERELICTION. without the consent of his first client, for the crime of kidnapping for ransom. Atty. A visited X to
 Can only be committed by a public officer or a officer after having undertaken the defense ask the facts of the case in order for him to study and to
of the law who has the duty to cause the prosecution of said first client or after having nput up a good defense. During their conversation, X
1. The offender is a judge informed his counsel, Atty. A that there will be another
of or to prosecute the offenders. The said public officer received confidential information
2. That he performs any of the following acts: kidnapping tomorrow night at 9PM in Quezon City, to be
commits dereliction of duty in the prosecution of from said client.
a. knowingly renders unjust offenses under any of the following circumstances: done by his other gang mates who were at large. Atty. A,
interlocutory order or decree upon knowing this information from his client X, immediately
a. knowing the commission of the crime, THE ATTORNEY’S TAKING THE
b. renders a manifestly unjust went to the police officers of Quezon City in order to pre-
he does not cause the prosecution of DEFENSE OF THE OTHER
interlocutory order or decree empt the commission of the crime. Is Atty. A liable for the
the criminal, or PARTY, THERE IS NO CRIME
through inexcusable negligence second act because he divulged the secrets of his client
b. knowing that a crime is about to be which he learned in his professional capacity?
or ignorance
committed, he tolerates its commission
A: Atty. A is not liable under Article 209.
and the said offender acts with malice ELEMENTS:
ARTICLE207 – MALICIOUS DELAY IN THE The secrets being referred to under Article 209
and deliberate intent to favor the 1. Causing damage to his client, either:
ADMINISTRATION OF JUSTICE refers to the past crimes of the said client and
violator of the law
ELEMENTS: a. by any malicious breach of professional it refers to the facts and circumstances related
 The dereliction of duty in the prosecution of offenses duty
1. The offender is a judge to the crime which is being handed by the said
cannot be committed by just any public officer.
b. by inexcusable negligence or ignorance Attorney or counsel.
2. There is a proceeding in his court  The public officer must be charged with the
2. Revealing any of the secrets of his client learned
3. He delays the administration of justice prosecution of the cases or he is the one who can It does not refer to future crimes that are still
by him in his professional capacity
4. The delay is malicious, that is, delay is caused cause the prosecution of these offenders. about to be committed. When a lawyer takes
3. Undertaking the defense of the opposing party in
by the judge with deliberate intent to inflict his oath of office, he says, or he promise, he
the same case, without the consent of his first
damage on either party in the case. CHARGED WITH THE PROSECUTION OF THE swears that he shall be liable not only to the
client or after having received confidential
OFFENDERS: information from said client client, but also to the STATE, to the
NEGLIGENCE AND TOLERANCE - Prosecutors  Under Article 209, this betrayal of trust is IN
 ACTS PUNISHABLE: - State Prosecutors It is his duty to the Government, to the State
I. By maliciously refraining from of any future crime that is about to be
which may be filed against an attorney or solicitor. So
instituting prosecution against committed more than his duty to his client.
THOSE WHO CAN CAUSE THE PROSECUTION OF THE aside from the criminal case in violation of Article 209,
violators of the law Hence, in this case, since it refers to a future
OFFENDERS: he can also be charged in a case also for disbarment,
Note that the first crime, he knows crime, for the protection of the state and the
- Judges for violation of lawyer’s oath of duty may be filed
that a crime was committed but he citizenry, it is incumbent upon him to divulge,
- Barangay Chairman against him, and these two cases can be proceeded at
does not prosecute the offender; disclose or to reveal the said secrets.
- Persons in authority the same time.
II. By maliciously tolerating the
commission of offenses Q: What if A filed a case against B, Atty. X was the counsel
ARTICLE209 – BETRAYAL OF TRUST BY AN of A, A failed to give Atty. X his appearance list for 5
the second act, a crime was about to ILLUSTRATION:
ATTORNEY OR SOLICITOR – REVELATION OF consecutive hearings, no appearance list. So Atty. X, filed a
be committed, he tolerates its
SECRETS A lawyer for 3 consecutive times, without any motion to withdraw as counsel of A. The said motion to
commission. It must be done with
 ACTS PUNISHED AS BETRAYAL OF TRUST justifiable reason, failed to file his formal offer of exhibits. withdraw was with the CONSENT OF A, because without the
MALICE. Absent malice, Article 208 During the first time he was given 15 days, he failed to file,
BY ATTORNEY: consent of A, the said motion to withdraw will not be
will not apply. second time he was given 15 days, he failed to file. On the
I. By causing damage to his client, granted by the court. So the court granted and Atty. X is no
either third time, he was given 5 days still, he failed to file, without longer the counsel of A. When B learned about this, went
giving any justifiable reason for his non-compliance with the immediately to the office of X and secured the services of X.

Page 35
Atty. X signed a contract and he is now the counsel of B. Is to do, is an act which will constitute a crime, a promise that the first 2 months of the salary of the daughter
Atty. X liable for betrayal of trust by an attorney? II. By accepting a gift in consideration of mere agreement to do so, will already give rise will be given to the civil registrar. The civil registrar altered
A: Atty. X is liable for betrayal of trust by the execution of an act which does to direct bribery. It is not necessary that he the date in the birth certificate. What crime/crimes is/are
an attorney. He takes the case of B, the not constitute a crime, in connection actually commits the crime, it is not necessary committed by the civil registrar and by the mother?
opposing party, even after he has already with the performance of his official that he actually receives the gift or present. A: The civil registrar is liable for direct
taken the case of A and after he has acquired duty.  A MERE AGREEMENT WILL bribery because he agreed to perform an act
valuable information about his client. How can SUFFICE. constituting a crime in consideration of a
he prevent himself from being convicted of the ELEMENTS: promise that the 2 months salary will be given
betrayal of trust? 1. The offender be a public officer Likewise in the Third Act - By agreeing to to him. The said act is in connection with his
 He must first secure the consent of within the scope of Article 203 refrain or by refraining from doing an act which is his performance of his official duty. Therefore he
the said first client official duty to do, in consideration of an offer, is liable for direct bribery. He actually performs
2. The offender accepts an offer or a
- In the said problem, there was no consent. promise, gift or present. the act, he actually committed a crime,
promise or receives a gift or
The said consent was only in the motion to - If the thing that a public officer is required to therefore he is also liable for the falsification of
present by himself or through
withdraw. The said consent in the motion to do, is to refrain from doing an act which is his a public document because he actually altered
withdraw is not the consent on the acceptance official duty to do, a mere agreement to refrain the birth date which is a very important date in
3. That such offer or promise be the birth certificate so he is also liable for the
of the case. For every motion to withdraw, to do an act will already give rise to direct
accepted, or received by the
there must be a consent written, otherwise the bribery. It is not necessary to refrain from falsification of a public document.
public officer in consideration of Without the said bribe, the mother would not
court will not grant the motion to withdraw. doing an act, it is not necessary to receive the
the execution of an act, which
The consent here is to secure or to accept the said gift. have committed falsification, so are you going
does not constitute a crime, but
service s of the other party. to complex them? because direct bribery is a
the act must be unjust necessary means to commit falsification.
- Since consent was not given, he is liable for However, if the thing that a public officer is
4. That the act which the offender  Even if in reality, they should be
betrayal of trust by an attorney. required to do, does not constitute a crime, under the
agrees to perform or which he complex because direct bribery is a
 Just remember aside from betrayal of executes be connected with the Second Act, mere agreement will not suffice. There
trust, an attorney or solicitor can also necessary means to commit
performance of his official must be actual acceptance of the thing. There must be falsification, you cannot complex
be held liable of administrative case. duties. acceptance of the gift, in consideration of the execution of
So there may be disbarment. them because ARTICLE 210
an act which does not constitute a crime in connection with
 He can be disbarred or he can be the performance of his official duty. WHY?
III. By agreeing to refrain, or by OF CRIMES.
suspended by reason of committing - because the thing that he is being required to
refraining, from doing something
any of these acts. do is not a criminal act. It is his official thing to
which it is his official duty to do, in Under Article 210, it is expressly provided that
consideration of gift or promise. do, but he doesn’t want to do it without the
the penalty for direct bribery shall be IN
ARTICLE210 – DIRECT BRIBERY ELEMENTS: bribe first to be given to him. So it is only upon ADDITION TO THE LIABILITY FOR THE
1. The offender be a public officer CRIME COMMITTED. Here, he actually
I. By agreeing to perform, or by liability for direct bribery will arise. altered, actually committed the crime,
within the scope of Article 203
performing, in consideration of any 2. The offender accepts an offer or a therefore his liability for falsification is in
offer, promise, gift or present – an promise or receives a gift or Whatever may be the act constituting direct addition for his liability for direct bribery.
act constituting a crime, in present by himself or through bribery, in order to amount to direct bribery, it must always Therefore, 2 separate distinct charges have to
connection with the performance of another. be in connection with the performance of his official duty. If be filed against the civil registrar, we have
his official duties. it is not in connection with his official duty, it could other direct bribery and the other one is falsification
3. That such offer or promise be
ELEMENTS: crime like estafa or swindling, but NOT DIRECT BRIBERY. of the public document.
accepted, or received by the
1. The offender be a public officer public officer to refrain from
within the scope of Article 203 doing something which it is his ACEJAS, III vs. PEOPLE The mother is liable for corruption of
2. The offender accepts an offer or a official duty to do so. It is the second act of direct bribery that has public official (Art. 212). Direct bribery is
promise or receives a gift or been violated. The second act because it is the duty of the the crime of the public officer who receives the
4. That the act which the offender
present by himself or through agrees to perform or which he said BID agent to return the passport. The duty to return the bribe. On the other hand, the private individual
another. passport is not a criminal act. It is also not an act of or the public officer who gives the bribe is
executes be connected with the
3. That such offer or promise be refraining to do so. But he does not want to perform the act liable for corruption of public official under Art.
performance of his official
accepted, or received by the without the bribe, so he becomes liable under the 2nd act. 212. (Refer to Art. 212 – elements)
public officer with a view of
committing some crime. ILLUSTRATION: The mother gives a promise under
Under the First Act - By agreeing to perform or circumstances in which the public officer
4. That the act which the offender performing, in consideration of offer or promise, gift Q: What if a mother wanted her daughter to work in another
becomes liable for direct bribery. She is liable
agrees to perform or which he or present any act constituting a crime in connection country. The daughter was still a minor, 16 years old. So
for corruption of public official. The mother is
executes be connected with the with the performance of his official duties what the mother did, was to ask the civil registrar to alter
also liable for falsification of a public document
performance of his official - If the thing which the public officer is required the birth date or the date in the certificate of live birth with a
as a principal by inducement. Without the

Page 36
bribe, without the said inducement, the said want to prosecute must have committed a crime actually committed dereliction of duty by 2. That he acted with manifest partiality, evident
public officer will not have committed the said punishable by reclusion perpetua and/or death. refraining from arresting the person who has bad faith or gross inexcusable negligence
falsification. actually committed a crime. So this time, there 3. The said accused caused any undue injury to
ILLUSTRATION: are 2 crimes committed: any party, including the government, or gave
ARTICLE211 – INDIRECT BRIBERY Q: A police officer was conducting a patrol. He saw a man  DIRECT BRIBERY (ARTICLE 210) any private party unwarranted benefits,
ELEMENTS: behind the tree, looking at the other house adjacent to the AND advantage, or preference in the discharge of his
1. The offender is a public officer tree as if waiting for someone. So the police officer parked  DERELICTION OF DUTY IN THE official functions.
his vehicle and observed what this man would do. The PROSECUTION OF OFFENSES
2. That he accepts gifts
moment that a man came out of the gate of the house, this (ARTICLE 208) SANTOS v PEOPLE
3. That the gifts are offered to him by reason of
his office. man hiding behind the tree, immediately went directly to  The Supreme Court said that there are two acts
him and shot him 5 times, and killing him instantly. Then, ARTICLE 212 – CORRUPTION OF PUBLIC OFFICIALS punished under Section 3 (e) of RA 3019:
the said man rode a motorcycle and left. The police officer ELEMENTS: 1. Causing any undue injury; or
 Indirect Bribery is committed if the public officer chased him. The Police officer arrested him, however, he
accepts any gift or present by reason of his office that 1. The offender makes offersor promises or gives 2. Giving any private party any unwarranted
gave the police officer P500,000 and told the police officer, or presents to a public officer. benefit, advantage or preference
he owns. In case of indirect bribery, the public officer
“Mr. Police officer, you saw nothing, you heard nothing.” 2. That the offers or promises are made or the
is not deemed required to do a thing. By the MERE  The law uses the conjunctive “or”;
And the police officer allowed him to leave. What gifts or the gifts or presents given to a public
ACCEPTANCE, indirect bribery is consummated. NO therefore, the fact that the offender
crime/crimes is/are committed by the said police officer? officer, under circumstances that will make
ACCEPTANCE, NO CRIME IS COMMITTED. causes any undue injury to any party
A: The said police officer is liable for the public officer liable for direct bribery or or the fact that the offender gave any
qualified bribery. The crime committed by indirect bribery. party unwarranted benefit,
ILLUSTRATION: the said man is murder, because obviously, in advantage or preference, they can be
A is the newly appointed secretary of DENR. On his his act of killing, there was treachery, the other
THE ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA charged distinctly or separately from
first day of office, Mr. X visited him, paid a courtesy call. Mr. party was defenseless and obviously the said
3019) each other.
X is the president of a big logging company. They man deliberately and consciously adopted the
PUBLIC OFFICER - a public officer is any  The Supreme Court also stated that the elements
exchanged some pleasantries, thereafter, when this ways means and methods employed by him in
elective and appointive officials and employees, of Sec 3 (e) of RA 3019
president of the logging company left, he placed a small box killing the victim. Since there was treachery,
on the table. When he left, the new DENR secretary opened permanent or temporary, whether in the UNDUE INJURY – means there must be an actual
the crime committed is murder, punishable by
the box and it was a key to a car parked in front of the classified or unclassified or exemption service damage caused to the offended party. Absent any
reclusion perpetua to death. His failure to
building. The new DENR secretary used it and drove the car receiving compensation, even nominal, from the actual damage caused to the offended party, then
arrest and prosecute this man constitute
government. (Sec 2, RA 3019) section 3 (e) is not violated.
- He is liable for Indirect Bribery. The qualified bribery because he did so after
president of the logging company does not accepting P500,000.
require him to do anything, it was merely given JAVIER v SANDIGANBAYAN (g) Entering, on behalf of the government, into any
to him because he was newly appointed as the Although Javier has been appointed as a contract or transaction manifestly and grossly
Q: What if a police officer was conducting a patrol, he saw A
DENR secretary. His acceptance brings about representative of the private sector, in the book disadvantageous to the same, whether or not the
and B fighting, boxing each other, killing each other, until
consummated indirect bribery; therefore, publishing board attached to the office of the public officer profited or will profit thereby
they already on the ground. In the course thereof, A pulls
indirect bribery has no attempted or frustrated president (NBDB), she is still considered as a  The public officer entered into any contract
out his balisong and stabbed B several times on the heart, a
stage because outside acceptance, no crime is vital organ. B died instantly. Thereafter, A ran away, the public officer; first, the said board functions as a or transaction on behalf of the
committed. police officer tried to catch up with A and he was able to collegial body performing public functions; government. The said contract is
second, according to SC, she was receiving manifestly and grossly disadvantageous to
arrest A. However A, gave the police officer P100,000. The
ARTICLE211-A – QUALIFIED BRIBERY police officer allowed him to leave. What crime/crimes is/are allowance, a salary even though nominal, from the government.
ELEMENTS: committed by the said police officer? the government. Hence, she considered as a
public officer. In NAVA v PALLATTAO, the violation was Section 3 (g).
1. The offender is a public officer entrusted with A: The crime committed by A in killing B is
law enforcement precedent by a fight, therefore it is merely The DECS officials bought laboratory science materials and
homicide. Homicide is punishable only by SECTION 3 – CORRUPT PRACTICES OF PUBLIC after COA audited, it was discovered that there was an
2. The offender refrains from arresting or
reclusion temporal. Since it is only punishable OFFICERS overpricing. The same is true in CAUNAN v PEOPLE where
prosecuting an offender who has committed
by reclusion temporal, therefore, qualified  IMPORTANT PROVISIONS OF SECTION 3: Joey Marquez and company bought walis-tingting, and
a crime punishable by reclusion perpetua
bribery is not applicable. (e) Causing any undue injury to any party including according to the COA auditors, there was also overpricing of
and/or death
the government, or giving any private party any these walis-tingting. But in the case of Nava, there was
3. The offender refrains from arresting or conviction but in the case of Caunan, there was an
prosecuting the offender in consideration of He committed direct bribery, because he unwarranted benefits, advantage or preference in
accepts a bribe, in consideration of an act of the discharge of his official, administrative or judicial acquittal.
any promise, gift or present.
refraining to arrest the said criminal. He functions through manifest partiality, evident bad  Where lies the difference?
actually refrain from arresting and prosecuting faith or gross inexcusable negligence.  In the case of Nava, the COA officials
 Qualified bribery is committed by any public officer proved the overpricing because they
the criminal, therefore in addition to direct ELEMENTS:
who is in charge with the enforcement of the law. So, bought the very same laboratory materials
bribery, he also committed dereliction of duty 1. The said offender was in charge of his official,
in order to amount to qualified bribery, it is necessary from the same supplier where the DECS
in the prosecution of offenses because he administrative or judicial function
that the offender whom the public officer does not officials bought and by reason thereof, it

Page 37
was discovered that there was indeed an  Not only public officers but also private official administrative or judicial functions through manifest  When do the officers file the statement of assets,
overpricing. individuals can be held liable under RA partiality, evident bad faith or gross inexcusable negligence. liabilities and net worth?
 However, in the case of Caunan, Joey 3019. This provision shall apply to officers and employees of  The said public officer can file his SALN within 30
Marquez bought from a different supplier offices or government corporations charged with the grant days from assumption into office. And then it
than where the COA officials bought. The Enumerated corrupt practices of Public Officials of licenses or permits or other concessions. must be filed on or before the 30th day of April of
COA officials bought from a Las Pinas (a) Persuading, inducing or influencing another public officer (f) Neglecting or refusing, after due demand or request, the next years and within 30 days after
supplier which they compared with the to perform an act constituting a violation of rules and without sufficient justification, to act within a reasonable separation from the service.
price of walis-tingting bought by Joey regulations duly promulgated by competent authority or an time on any matter pending before him for the purpose of  In RA 3019, it is stated “on or before 15th of
Marquez. Not only did they buy the said offense in connection with the official duties of the latter, or obtaining, directly or indirectly, from any person interested April” but there is another law which provides
walis-tingting from a different supplier, the allowing himself to be persuaded, induced, or influenced to in the matter some pecuniary or material benefit or also for the filing of SALN and that is RA6713
walis-tingting bought by COA officials was commit such violation or offense. advantage, or for the purpose of favoring his own interest or which is the code of ethical standards for public
of different specifications from that of the giving undue advantage in favor of or discriminating against officers.
walis-tingting bought by Joey Marquez and any other interested party.  Under RA 6713, and this is what is being
company. Hence, the Supreme Court said Persons liable: followed, it must be on or before the 30 th day of
(g) Entering, on behalf of the Government, into any contract
that prosecution was not able to prove 1. Public officer who persuades, induces, or April.
or transaction manifestly and grossly disadvantageous to the
beyond reasonable doubt that there was influences another public officer;  So you file first within 30 days upon assumption
same, whether or not the public officer profited or will profit
overpricing. Because the walis-tingting 2. Public officer who is persuaded induced or thereby. to office and then the years thereafter on or
bought by Joey Marquez was very much influenced before the 30th day of April and then if you got
(h) Director or indirectly having financing or pecuniary
different from the walis-tingting bought by Note: requesting or receiving any gift, present, or benefit is interest in any business, contract or transaction in separated from office, within 30 days from
the COA officials. They were not able to not required in this provision. connection with which he intervenes or takes part in his separation from office.
prove beyond reasonable doubt that there official capacity, or in which he is prohibited by the
was overpricing because of the difference (b) Directly or indirectly requesting or receiving any gift, Constitution or by any law from having any interest. SECTION 8 – PRIMA FACIE EVIDENCE OF AND
in specifications. present, share, percentage, or benefit, for himself or for any DISMISSAL DUE TO UNEXPLAINED WEALTH
(i) Directly or indirectly becoming interested, for personal
other person, in connection with any contract or transaction gain, or having a material interest in any transaction or act  When is there a prima facie presumption of graft and
 In both cases, there was NO PUBLIC BIDDING. between the Government and any other part, wherein the corrupt practices?
requiring the approval of a board, panel or group of which
public officer in his official capacity has to intervene under he is a member, and which exercises discretion in such  There arises a prima facie presumption of graft
 Will the mere lack of public bidding bring about a the law. and corrupt practices if a public officer has been
approval, even if he votes against the same or does not
violation of Section 3 (g) of RA 3019? found to have in his possession money or
participate in the action of the board, committee, panel or
 The Supreme Court said that mere lack of property, whether in his name or in that name of
Note: group.
public bidding may mean that the another person, which is manifestly out of
 the lack of demand is immaterial, the law uses the Interest for personal gain shall be presumed against those
government was not able to get the best proportion from his lawful income. There arises a
word OR between requesting and receiving. public officers responsible for the approval of manifestly
price for the thing purchased. However, it prima facie presumption of graft and corrupt
 There must be clear intention on the part of the unlawful, inequitable, or irregular transaction or acts by the
does not bring about a violation of practices.
Section 3 (g) because what Section 3 (g) public officer and consider it as his or her own board, panel or group to which they belong.
requires is the transaction must be property from then on. Mere physical receipt (j) Knowingly approving or granting any license, permit,
manifestly and grossly disadvantageous to unaccompanied by any other sign, circumstance or privilege or benefit in favor of any person not qualified for or SECTION 10 – COMPETENT COURT & RA 8429
the government and mere lack of public act to show acceptance is not sufficient to lead the not legally entitled to such license, permit, privilege or  Where do you file a case for violation of RA 3019?
bidding will not show such gross and court to conclude that the crime has been committed advantage, or of a mere representative or dummy of one  You file a case of violation of Article 3019 before
manifest disadvantage.  Refers to a public officer whose official intervention is who is not so qualified or entitled. the Sandiganbayan. The Sandiganbayan has
required by law in a contract or transaction (k) Divulging valuable information of a confidential jurisdiction unless otherwise provided by law.
character, acquired by his office or by him on account of his  There is a law, RA 8429 which provides for the
(c) Directly or indirectly requesting or receiving any gift, official position to unauthorized persons, or releasing such jurisdiction of Sandiganbayan. Under this law, if
present or other pecuniary or material benefit, for himself or information in advance of its authorized release date. a public officer is of salary grade 27 and above,
 Under Section 4, it is unlawful for any
for another, from any person for whom the public officer, in Note: if damage was caused, Article 229 under the RPC is it must be before the Sandiganbayan. If the
private individual who has a close personal
any manner or capacity, has secured or obtained, or will committed. public officer is below salary grade 27, it must be
relation to any public officer to request, ask
secure or obtain, any Government permit or license, in before the RPC.
or receive present from any person in any
case from which the said public officer has consideration for the help given or to be given, without SECTION 9 – PENALTIES FOR VIOLATIONS
to control. prejudice to Section thirteen of this Act.  Under Section 9, both private individuals SECTION 11 – PRESCRIPTION OF OFFENSES
 Close personal relation does not only (d) Accepting or having any member of his family accept and public officers have just the same  When is the prescriptive period?
include family members. It also includes employment in a private enterprise which has pending penalty. It is six years and one month to  Violation for RA 3019 shall prescribe after 15
those who have social and fraternal official business with him during the pendency thereof or fifteen years plus forfeiture of the ill-gotten years. However, the right of the government to
relations; therefore even a private within one year after its termination. wealth. forfeit or to recover ill-gotten wealth does not
individual who is not in conspiracy of a (e) Causing any undue injury to any party, including the prescribe. So there are no latches and estoppel
public officer can be held liable under RA Government, or giving any private party any unwarranted SECTION 7 – STATEMENT OF ASSETS AND insofar as the right of the government to recover
3019. benefits, advantage or preference in the discharge of his LIABILITIES & RA 6713 ill-gotten wealth is concerned.

Page 38
release, gave it to the man; therefore the man need not wait business associates, subordinates or other persons, Acts of torture:
 When do you start counting the running of the in the long line. The man was so thankful that the following amasses, accumulates or acquires ill-gotten wealth through (a) Physical torture is a form of treatment or punishment
prescriptive period of crime? day, the man went back to the office with two big bilaos of a combination or series of overt or criminal acts as described inflicted by a person in authority or agent of a person in
 From the time the crime has been committed or bibingka to the said head of office to say thank you. The in Section 1 (d) hereof, in the aggregate amount or total authority upon another in his/her custody that causes severe
if it is not known, that is from the time of the said head of office received two big bilaos of bibingka. Is the value of at least Seventy-five million pesos pain, exhaustion, disability or dysfunction of one or more
discovery of the said crime, then it is from the said head of office liable under RA 3019? (P75,000,000.00), shall be guilty of the crime of plunder and parts of the body, such as:
time of the institution of the criminal A: No. It falls under the exception. Under shall be punished by life imprisonment with perpetual (1) Systematic beating, headbanging, punching,
perseverance. Section 14, unsolicited gifts or presents of small or absolute disqualification from holding any public office. Any kicking, striking with truncheon or rifle butt or
insignificant value offered or given as a mere ordinary token person who participated with the said public officer in the other similar objects, and jumping on the
SECTION 13 – SUSPENSION AND LOSS OF BENEFITS of friendship or gratitude, according to local customs or commission of plunder shall likewise be punished. In the stomach;
Q: What if a public officer, has been charged for violation of usage is excepted from the provisions of RA 3019; therefore imposition of penalties, the degree of participation and the (2) Food deprivation or forcible feeding with
RA 3019, the Ombudsman found probable cause. The case the said public officer will not be held criminally liable. attendance of mitigating and extenuating circumstances spoiled food, animal or human excreta and other
was now filed before the Sandiganbayan. Is it incumbent shall be considered by the court. stuff or substances not normally eaten;
upon the Sandiganbayan to immediately place him under RA 7080: ANTI-PLUNDER ACT (3) Electric shock;
preventive suspension? Is preventive suspension automatic? Ill-gotten wealth Sec. 4. Rule of Evidence. For purposes of establishing the (4) Cigarette burning; burning by electrically
Is preventive suspension mandatory? - means any asset, property, business enterprise or material crime of plunder, it shall not be necessary to prove each and heated rods, hot oil, acid; by the rubbing of
A: Preventive suspension is mandatory but possession of any person within the purview of Section two every criminal act done by the accused in furtherance of the pepper or other chemical substances on mucous
it is not automatic. There must first be a pre- (2) hereof, acquired by him directly or indirectly through scheme or conspiracy to amass, accumulate or acquire ill- membranes, or acids or spices directly on the
suspension period to determine the validity of dummies, nominees, agents, subordinates and/or business gotten wealth, it being sufficient to establish beyond wound(s);
the information. The moment the Sandiganbayan associates by any combination or series of the following reasonable doubt a pattern of overt or criminal acts
(5) The submersion of the head in water or
discovers the said information is valid, sufficient means or similar schemes: indicative of the overall unlawful scheme or conspiracy.
water polluted with excrement, urine, vomit
in substance to bring about a conviction, it is and/or blood until the brink of suffocation;
now mandatory upon the Sandiganbayan to 1. Through misappropriation, conversion, misuse, or Sec. 6. Prescription of Crime. The crime punishable under (6) Being tied or forced to assume fixed and
place the said accused public officer under malversation of public funds or raids on the public treasury; this Act shall prescribe in twenty (20) years. However, the stressful bodily position;
preventive suspension. right of the State to recover properties unlawfully acquired
(7) Rape and sexual abuse, including the
So it is not automatic because there must first be by public officers from them or from their nominees or
2. By receiving, directly or indirectly, any commission, gift, insertion of foreign objects into the sex organ or
a pre-suspension period. The only issue in the transferees shall not be barred by prescription, laches, or
share, percentage, kickbacks or any/or entity in connection rectum, or electrical torture of the genitals;
pre-suspension period is the information filed by estoppel.
with any government contract or project or by reason of the (8) Mutilation or amputation of the essential
the Ombudsman against the said public officer office or position of the public officer concerned; parts of the body such as the genitalia, ear,
valid, is it sufficient enough to bring about a
tongue, etc.;
conviction in court? If the answer is yes,
3. By the illegal or fraudulent conveyance or disposition of (9) Dental torture or the forced extraction of the
immediately, mandatory on the part of the
assets belonging to the National government or any of its teeth;
Sandiganbayan, a ministerial duty, the said
subdivisions, agencies or instrumentalities or government- RA 9745 Anti-Torture Act: (10) Pulling out of fingernails;
public officer must be placed under preventive
owned or controlled corporations and their subsidiaries; Torture refers to: (11) Harmful exposure to the elements such as
suspension. It it ministerial not discretionary, not
either or. 1. an act by which severe pain or suffering, sunlight and extreme cold;
4. By obtaining, receiving or accepting directly or indirectly whether physical or mental, is intentionally (12) The use of plastic bag and other materials
 For how long should the suspension be?
any shares of stock, equity or any other form of interest or inflicted on a person for such purposes as placed over the head to the point of
 The suspension must not exceed the
participation including the promise of future employment in obtaining from him/her or a third person asphyxiation;
maximum of ninety days, in consonance
any business enterprise or undertaking; information or a confession;
with Section 52 of the Administrative Code. (13) The use of psychoactive drugs to change
2. punishing him/her for an act he/she or a third the perception, memory. alertness or will of a
5. By establishing agricultural, industrial or commercial person has committed or is suspected of having person, such as:
SECTION 14 - EXCEPTION monopolies or other combinations and/or implementation of committed;
Q: What if a public officer saw an old man waiting line. So (i) The administration or drugs to induce
decrees and orders intended to benefit particular persons or 3. or intimidating or coercing him/her or a third
the old man received a notice, the notice said that his confession and/or reduce mental competency; or
special interests;or person;
license is ready, it has already been approved. So he was 4. or for any reason based on discrimination of any (ii) The use of drugs to induce extreme pain or
waiting in line for the release of his license, it was already certain symptoms of a disease; and
6. By taking undue advantage of official position, authority, kind, when such pain or suffering is inflicted by
approved. The head of office saw the old man. 85 years old, relationship, connection or influence to unjustly enrich or at the instigation of or with the consent or (14) Other analogous acts of physical torture;
under the heat of the sun and with his frail body. So the acquiescence of a person in authority or agent of and
himself or themselves at the expense and to the damage
head of office took the man and the head of office asked the and prejudice of the Filipino people and the Republic of the a person in authority. (b) "Mental/Psychological Torture" refers to acts committed
man to his office. The head of office asked the secretary, “Is Philippines by a person in authority or agent of a person in authority
the license of this man approved?” The secretary said yes. which are calculated to affect or confuse the mind and/or
It does not include pain or Buffering arising only from,
The head of office said, “get it.” The secretary took it and undermine a person's dignity and morale, such as:
Sec. 2. Definition of the Crime of Plunder, Penalties. Any inherent in or incidental to lawful sanctions.
gave to the head of office. The head of office, upon seeing (1) Blindfolding;
public officer who, by himself or in connivance with
that it is approved, and the man was only waiting for its
members of his family, relatives by affinity or consanguinity,

Page 39
(2) Threatening a person(s) or his/fher (c) To be accorded sufficient protection in the manner by Aggravating Circumstances in torture: 4. That the accused had intent to defraud the
relative(s) with bodily harm, execution or other which he/she testifies and presents evidence in any fora in (1) Torture resulting in the death of any person; Government
wrongful acts; order to avoid further trauma. (2) Torture resulting in mutilation;
(3) Confinement in solitary cells or secret Who are Criminally Liable. - Any person who actually (3) Torture with rape; So here, the public officer took advantage of his official
detention places; participated Or induced another in the commission of torture (4) Torture with other forms of sexual abuse and, in position in entering into contract which involves the
(4) Prolonged interrogation; or other cruel, inhuman and degrading treatment or consequence of torture, the victim shall have become furnishing of supplies, or which involves public funds or
(5) Preparing a prisoner for a "show trial", public punishment or who cooperated in the execution of the act of insane, imbecile, impotent, blind or maimed for life; and property and the intention is to DEFRAUD THE
display or public humiliation of a detainee or torture or other cruel, inhuman and degrading treatment or GOVERNMENT. It is not necessary that the Government,
(5) Torture committed against children.
prisoner; punishment by previous or simultaneous acts shall be liable the treasury be actually be defrauded, it suffices that
(6) Causing unscheduled transfer of a person as principal entering in the said contract, the intention of the said
deprived of liberty from one place to another, Any superior military, police or law enforcement officer or offender, the public officer, is to defraud the Government.
senior government official who issued an order to any lower  Torture as a crime shall not absorb or shall not
creating the belief that he/she shall be
ranking personnel to commit torture for whatever purpose be absorbed by any other crime or felony
summarily executed; ELEMENTS OF ILLEGAL EXACTION (ART. 213, PAR. 2)
shall be held equally liable as principals. committed as a consequence, or as a means in
(7) Maltreating a member/s of a person's family; the conduct or commission thereof. In which 1. That the offender is a public officer entrusted with the
(8) Causing the torture sessions to be witnessed The immediate commanding officer of the unit concerned of collection of taxes, licenses, fees and other imposts.
the AFP or the immediate senior public official of the PNP case, torture shall be treated as a separate and
by the person's family, relatives or any third independent criminal act whose penalties shall 2. He is guilty of any of the following acts or omissions:
party; and other law enforcement agencies shall be held liable as a
be imposable without prejudice to any other (1) Demanding, directly or indirectly, the payment of
principal to the crime of torture or other cruel or inhuman
(9) Denial of sleep/rest; criminal liability provided for by domestic and sums different from or larger than those
and degrading treatment or punishment for any act or
(10) Shame infliction such as stripping the international laws. (Sec 15) authorized by law; or
omission, or negligence committed by him/her that shall
person naked, parading him/her in public places, have led, assisted, abetted or allowed, whether directly or (2) Failing voluntarily to issue a receipt, as provided
shaving the victim's head or putting marks on  Persons who have committed any act of torture by law, for any sum of money collected by him
indirectly, the commission thereof by his/her subordinates. If
his/her body against his/her will; shall not benefit from any special amnesty law or officially; or
he/she has knowledge of or, owing to the circumstances at
(11) Deliberately prohibiting the victim to the time, should have known that acts of torture or other similar measures that will have the effect of (3) Collecting or receiving, directly or indirectly, by
communicate with any member of his/her family; cruel, inhuman and degrading treatment or punishment shall exempting them from any criminal proceedings way of payment or otherwise, things or objects
and be committed, is being committed, or has been committed and sanctions. (sec 16) of a nature different from that provided by law.
(12) Other analogous acts of by his/her subordinates or by others within his/her area of Refouler- No person shall be expelled, returned or
mental/psychological torture. responsibility and, despite such knowledge, did not take extradited to another State where there are substantial Here, the offender is a COLLECTING PUBLIC
Any confession, admission or statement obtained as a result preventive or corrective action either before, during or grounds to believe that such person shall be in danger of OFFICER. A public officer who has been entrusted with
of torture shall be inadmissible in evidence in any immediately after its commission, when he/she has the being subjected to torture. duty to collect taxes, licenses, fees or other imposts. Only
proceedings, except if the same is used as evidence against authority to prevent or investigate allegations of torture or CHAPTER THREE – FRAUDS AND ILLEGAL EXACTIONS this kind of public officer can commit this crime because
a person or persons accused of committing torture. other cruel, inhuman and degrading treatment or AND TRANSACTIONS ILLEGAL EXACTION involves violation of rules on collection.
punishment but failed to prevent or investigate allegations of
Rights of Tortured Victims: such act, whether deliberately or due to negligence shall ARTICLE 213 – FRAUDS AGAINST THE PUBLIC 1st Act - Demanding, directly or indirectly, the payment of
(a) To have a prompt and an impartial investigation by the also be liable as principals. TREASURY AND SIMILAR OFFENSES sums different from or larger than those authorized by
CHR and by agencies of government concerned such as the Any public officer or employee shall be liable as an accessory Article 213 punishes two (2) acts: law;or
Department of Justice (DOJ), the Public Attorney's Office if he/she has knowledge that torture or other cruel, inhuman ILLUSTRATION:
1. Fraud against public treasury (par.1)
(PAO), the PNP, the National Bureau of Investigation (NBI) and degrading treatment or punishment is being committed Q: There was this cashier in the city treasurer’s office. Here
2. Illegal exactions (par. 2)
and the AFP. A prompt investigation shall mean a maximum and without having participated therein, either as principal comes X, X said that he is going to get a cedula (residence
period of sixty (60) working days from the time a complaint or accomplice, takes part subsequent to its commission in certificate) and then X said, “How much am I going to pay?”
for torture is filed within which an investigation report any of the following manner: ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY
and then, the cashier or the collecting officer said, “you have
and/or resolution shall be completed and made available. An (a) By themselves profiting from or assisting the (ART. 213, PAR. 1):
to pay Php200” but it is actually Php20. X said, “hmp,
appeal whenever available shall be resolved within the same offender to profit from the effects of the act of 1. That the offender is a public officer angmahalpala, ayokona.” and so he left. Is the said
period prescribed herein, torture or other cruel, inhuman and degrading 2. that he should have taken advantage of his office, that collecting officer liable of any crime?
(b) To have sufficient government protection against all treatment or punishment; is he intervened in the transaction of his official A:YES, he is liable. For merely demanding an
forms of harassment; threat and/or intimidation as a (b) By concealing the act of torture or other capacity amount larger than that authorized by law, he is
consequence of the filing of said complaint or the cruel, inhuman and degrading treatment or 3. That he entered into an agreement with any interested already liable for ILLEGAL EXACTION under
presentation of evidence therefor. In which case, the State punishment and/or destroying the effects or party or speculator or made use of any other scheme Article 213, Par. 2.
through its appropriate agencies shall afford security in instruments thereof in order to prevent its with regard to:
order to ensure his/her safety and all other persons involved discovery; or(c) By harboring, concealing or (1) furnishing supplies
Q: He is already liable, he merely demanded, but what if in
in the investigation and prosecution such as, but not limited assisting m the escape of the principal/s in the (2) the making of contracts the same problem, X said he was going to get a cedula. The
to, his/her lawyer, witnesses and relatives; and act of torture or other cruel, inhuman and (3) the adjustment or settlement of collecting officer saw him and he appears to be poor man
degrading treatment or punishment: Provided, accounts relating to public property or and so X asked the collecting officer, “How much am I going
That the accessory acts are done with the abuse funds to pay?” and the collecting officer took pity of X and said,
of the official's public functions.

Page 40
“Only Php 10”. So, the poor man said, “Oh, I have more So the collecting officer is known as a sabungero. So ARTICLE 215 – PROHIBITED TRANSACTIONS permitting any other person to take such public funds
money, I’ll get two”. Is the collecting officer liable of any here comes one of the persons who was making payment. ELEMENTS: or property
crime? He has no money, but said, he has a magandangtandang. 1. Offender is an appointive public officer 4. Being otherwise guilty of the misappropriation or
And so, that was the payment received. He commits a 2. He becomes interested, directly or indirectly in any malversation of such funds or property
A:YES, he is liable because he demanded an violation of illegal exaction. transaction of exchange or speculation
amount different from that authorized by law. 3. Transaction takes place within the territory subject to Malversation of Public Funds and Property can be
Note that what the law requires is the Q: What if the person who demanded an amount or different his jurisdiction committed either through a positive act, that is, that the said
demanding of an amount, directly or indirectly, from or larger than that which is provided for by law is an 4. He becomes interested in the transaction during his public officer is the one who misappropriates, takes or
different from or larger than those authorized by officer, a collecting officer from the Bureau of Internal incumbency appropriates the public funds and property, OR, through a
law. Therefore, even if it is lower, so long as it is Revenue, or a collecting officer form the Bureau of Customs. passive act, that is, through his abandonment or negligence,
different from that provided by law, and so long Is he liable under Article 213? he permitted others to misappropriate the same.
as it is demanded by the said collecting officer, A: He is not liable for illegal exaction
under Art. 213. He is liable under the Tax - Malversation can be committed either through a
Code or under the Tariffs and Customs Code. positive act, which is through deliberate intent
Under Art. 213, it is expressly provided that if 1. Public Officer who, directly or indirectly, became
It is not necessary for the said collecting officer to or through dolo. He is the one who appropriates
have misappropriate the funds, the moment that the collecting officer is a collecting officer interested in any contract or business in which it was
or misappropriates, who took the the said public
coming from the Bureau of Internal Revenue his official duty to intervene.
he misappropriates the funds, in addition to illegal funds or property
exaction, he may also be held liable for or Bureau of Customs is not liable under this 2. Experts, arbitrators, and private accountants who, in
- Passive Act which is through his abandonment
MALVERSATION, because Illegal Exaction is only Article. The reason here is that, this like manner, took part in any contract or transaction
or negligence, or cupla. he allowed others to
about the rules on collection. It has nothing to do collecting officer from the BIR and the BOC, connected with the estate or property in the appraisal, appropriate or misappropriate the said public
with the appropriation or misappropriation of have the right to ask for penalties, distribution or adjudication of which they had acted
funds or property
funds or property. Only a violation of the rules on surcharges, and compromise. Therefore, 3. Guardians and executors with respect to the property
collection. they can always demand and amount belonging to their wards or the estate
When is there prima facie presumption of malversation?
different from or that which is larger than
that authorized by law. If they exceeded that - Under Article 217, there arises prima facie
2 Act - Failing voluntarily to issue a receipt, as provided by CHAPTER FOUR – MALVERSATION OF PUBLIC FUNDS presumption of malversation of public funds or
law, for any sum of money collected by him officially; authority, then they are liable under the OR PROPERTY
property when demand is made by a duly
Tariffs and Customs Code or under the Tax
ILLUSTRATION: authorized officer to an accountable public officer
Q: So what if it was January 2, all kinds of payment are ARTICLE 217 – MALVERSATION OF PUBLIC FUNDS to account for public funds or property, and the
being made at the start of the year. So the collecting officer OR PROPERTY (PRESUMPTION OF MALVERSATION) same is not forthcoming
in the treasurer’s office rans out of official receipt (O.R.). ELEMENTS:
And so he got a half sheet of typewriting paper and he note ARTICLE 214 – OTHER FRAUDS 1. Offender is a public officer or employee ILLUSTRATION:
there about the said payment and a provisional receipt and ELEMENTS: 2. He has the custody or control of funds or property by So the COA auditor, appeared and conducted an
he gave it to the same person who made the payment. Is 1. Offender is a public officer reason of the duties of his office audit He demanded for the said amount, the said
the said collecting officer liable of illegal exaction? 2. He takes advantage of his official position 3. Those funds or property were public funds or property accountable public officer cannot reduce the said amount.
A: He IS NOT. Because he did not voluntarily 3. He commits any of the frauds or deceits enumerated in for which he was accountable There arises the prima facie presumption that he has
fail to issue the said O.R. He ran out of the Articles 315-318 4. He appropriated, took, misappropriated or consented, malverse the said public funds or property. Although that is
said O.R., it was not voluntary on his part. It or through abandonment or negligence, permitted what is written under Article 217, last paragraph. The
was an emergency situation. It is good that If any of the public officer commits any of the frauds another person to take them Supreme Court in the number of cases said:
she even gave a provisional receipt as a or deceits constituting ESTAFA or SWINDLING, under Art. “Mere shortage in audit will not suffice. For the Prima
proof of payment. In this case, he cannot be 315-318, and he does so by taking advantage of his official facie presumption to arise the following requisites
 Who is the offender?
held liable for illegal exaction. position, his criminal liability is Other Frauds under Art. 214. must be present: - It is necessary that there must be
- The offender is an accountable public officer. An
- Not estafa, Not swindling. the reason is that in accountable of public officer is an officer in the complete, thorough and reliable audit.
3rd Act - Collecting or receiving, directly or indirectly, by way case of a public officer, there is additional course of the performance of his duties, receives - In the said complete, thorough and reliable
of payment or otherwise, things or objects of a nature penalty. If you look at Article 214, the law says funds or property from the government which he audit, the following were discovered:
different from that provided by law. that the penalty is the same penalty as the has the obligation to account later. So he has in a. The public officer indeed receive the
first offense under Art. 315-318. But additional his custody, public funds or public property and public funds or property. That is, he is an
Here, under the third act, it does not refer to the to that, temporary disqualification to perpetual he has the obligation to account these to the accountable public officer
amount of payment. It refers to the KIND OR NATURE OF disqualification for having taken advantage of Government. b. The said public funds and property was
PAYMENT. So, when the law says that it should be paid in his official position. Therefore, if it is a public missing, or there was a shortage, or he
cash, ONLY CASH may be received by the said collecting officer who commits estafa or swindling, the Punishable acts: cannot produce it, and
officer. crime is under Art. 214 and there is an 1. Appropriating public funds or property c. The said public officer cannot give a
additional penalty. justifiable reason, a legal excuse for the
2. Taking or misappropriating the same
ILLUSTRATION: said shortage or missing of public funds or
3. Consenting, through abandonment or negligence,

Page 41
of A. Therefore, A was charged. What crime if any, has been Q: What if, there was this rape in a warehouse, in the said cellphone. Hence, the Supreme Court said,
If all of these are present, the Supreme Court committed by A? Is A liable for malversation? course of the said rape, dangerous drugs worth millions of there was no negligence and therefore, although
says that there arises the prima facie presumption that there pesos were confiscated and they were placed in the PDEA convicted by the SandiganBayan, he was
is malversation of public funds or property. Therefore, there A: Yes, he is liable for malversation warehouse. The persons therein were charged with illegal acquitted by the Supreme Court.
may NOT be direct evidence to convict one for malversation through negligence. That is the passive act. possession of dangerous drugs. In the course of the hearing
of public funds or property. Obviously, there cannot be any That is through his abandonment or negligence, in this possession of dangerous drugs, the court sent a ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER
witness, because when you say direct evidence, there is a he permitted another person, Cashier B to subpoena to the PDEA custodian, to bring to the Court the TO RENDER ACCOUNTS
witness. Of course, he would not let anyone see him misappropriate a part of his collection for the said dangerous drugs which were confiscated. And so, on ELEMENTS:
malversing the funds. It suffices in the audit, these three day. Hence A is also liable for Malversation. Not the designated day, the said PDEA agent boarded all the
1. Offender is a public officer, whether in the service or
things were discovered. If these three are discovered, then B, but A, the one who went to the restroom, dangerous drugs confiscated in a PDEA van and off he went
separated therefrom
there arises the prima facie presumption that there is a so- because he is the one accountable for the said to the Court. However, before the PDEA agent could reach
the court, here comes two motorcycles who went in and 2. He must be an accountable officer for public funds or
called MALVERSATION OF PUBLIC FUNDS OR PROPERTY public funds in his drawer.
fired at him, and he fell on his seat, lifeless. And then, a big property
vehicle arrived at the back of the said PDEA van and took all 3. He is required by law or regulation to render accounts
ILLUSTRATION: That other person, B, who took the said property to the Commission on Audit, or to a provincial Auditor
the said dangerous drugs. Now the said PDEA agent was
Q: What if a man was walking, in the middle of the night, a is liable for qualified theft. because he was 4. He fails to do so for a period of two months after such
brought into the hospital and despite the fatal wound,
police officer who was conducting a patrol saw something entrusted with the same funds, and he took the accounts should be rendered
because of the immediate medical intervention, he survived.
bulging on his waist. The police officer stopped him and same funds.
Is he liable of any crime?
frisked him and there, they saw a firearm. They ask for the
license, the said man could not produce the license for the Q: What if, in the same problem, after the COA auditor
A: Yes, he is liable of Malversation of public OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
said firearm. He was arrested for illegal possession of found out that Php 2000 was missing, A was charged with
unlicensed firearm, and the firearm was confiscated. During funds or property under Article 217 THE COUNTRY
Malversation of public funds and property through dolo. So,
the trials of the case, the fiscal move for subpoena for the through Negligence. There was inexcusable ELEMENTS:
in the information, it was stated that he is the one who
custodian of the said firearm. The custodian appeared but negligence on his part said the Supreme Court, 1. Offender is a public officer
misappropriate, appropriates or has taken the said public
failed to bring the firearm. He had already sold the said because all by himself, carried the millions worth 2. He must be an accountable officer for public funds or
funds, and so he was charged with Malversation through
firearm confiscated. What crime is committed by the said of dangerous drugs in the PDEA van, considering property
dolo, through deliberate intent. That was the case filed
custodian? the value of the said dangerous drugs, he should 3. He must have unlawfully left (or be on the point of
against him because they did not know that it was B who
A: He is liable for Malversation under Article 217. have asked for back up. Yes, he survived, but he leaving) the Philippines without securing from the
took the money. So, the presumption is that, he is the one
was charged with Malversation of public funds or Commission on Audit a certificate showing that his
who took the money, who appropriated it. During the trial
property through CULPA. accounts have been finally settled
Q: His contention was, it cannot be malversation, because of the merits, during the presentation of the defense
the firearm was owned by a private person. It is not a public evidence, when it was already A’s term to testify, it was
property, therefore I cannot be held liable for malversation. divulged or disclosed to the court that it was in fact another Q: What if, there is a public officer whose office is in pasay. ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR
Is the contention correct? cashier, B who misappropriated the said funds through the He is going to have a meeting in Caloocan. And so he went PROPERTY (Technical Malversation)
negligence of A. And by reason of this evidence presented in to Caloocan in one afternoon and attended the said meeting.
A: His contention is wrong. The said ELEMENTS:
court, the said judge, convicted A of Malversation through He had to go to pasay in order to make a report, However,
firearm has already been confiscated by 1. Offender s a public officer
culpa, in an information of malversation through dolo. Is the the traffic was heavy, so instead of using his car on the way
public authority, therefore it is now deemed, 2. there is a public fund or property under his
judge correct? can he convict A? back, he rode the LRT. Upon reaching the office, he realized
CUSTODIA LEGIS. The moment it is in administration
A: Yes, the judge is correct. The reason is that his bag was opened, and the cellphone which was
custodialegis, it loses its character as a 3. Such public fund or property has been appropriated by
that, according to the Supreme Court, whether __5:17___ by the Government was already gone. By reason
private property and it now assumes a law or ordinance
Malversation is committed through deliberate thereof, he was charged with Malversation under Article 217
character of a public property. Hence the
because through his negligence, the cellphone which was 4. He applies the same to a public use other than that for
crime committed is Malversation. intent or culpa, DOLO and CULPA are merely
____ to him by the Government and for which he is which such fund or property has been appropriated by
modalities of committing the crime.
accountable to the Government was now missing. It was law or ordinance.
Q: What if, there was this collecting officer, a cashier, and Nevertheless, it is still malversation, and if you
look at Article 217, whether malversation is taken or stolen by somebody. Is he liable? He was convicted
there were many persons paying. And the long line persons by the SandiganBayan but when it came to the Supreme
committed through deliberate intent or through ILLUSTRATION:
paying, one cashier said that he needed to answer the call of Court, the Supreme Court acquitted him.
negligence, they just have one and the same Q: What if a public officer has under his administration
nature, and so he asked another fellow cashier to look after
penalties. Further, the Supreme Court said, public funds which is for a certain project. So let us say that
his drawer, and so, he left and went to the restroom. But he
Malversation through negligence or culpa is A: According to the Supreme Court, there was X is the city administrator. Under his administration, there
also left the key of his drawing on the key holder. And so,
NECESSARILY INCLUDED in Malversation no negligence on the part of the said public was Php500,000, the said Php 500,000 was for the
the moment he left, his fellow cashier went to his drawer
through deliberate intent or dolo. Hence, even if officer. He cannot be faulted for having taken construction of a bridge between one barangay to another
and opened it and took Php 2000 from the collection of A on
the information is Malversation through dolo, one the LRT because of the said heavy traffic. It barangay. Then suddenly there was a typhoon, a big
the same day. Then A arrived, and he then accepted
can be convicted of Malversation through Culpa cannot be said that there was negligence on his typhoon and many of the constituents were rendered
collections. In the afternoon, there was a surprise audit
or Negligence. part in placing the cellphone inside his bag, homeless. And so, they had to stay in the basketball court,
coming from the COA. and it was discovered that based on
because, where else would you place a cellphone they need food, clothing, water and other basic needs. And
the receipts, The php 2000 were missing from the collection
but inside the bag for safekeeping. It would have so, the city administrator made use of the Php 500,000
been different while on board, he was using the under his administration to buy these basic needs of his

Page 42
constituents. Is the said public officer, the city administrator 2. That he is under obligation to make payments from custody of prisoner, or is it a mere laxity which would not
liable of any crime? such funds ARTICLE 225 – ESCAPE OF PRISONER UNDER THE amount to infidelity in the custody of prisoner?
3. That he fails to make payment maliciously CUSTODY OF A PERSON NOT A PUBLIC OFFICER
A: Yes, he is liable for technical ELEMENTS: A: People vs. Nava – The Supreme Court said
Malversation under Article 220. Punishable acts: 1. Offender is a private individual that mere laxity would not amount to negligence
1. Failing to make payment by a public officer who is 2. Conveyance (or charge) of custody of prisoner or under Art. 224. Because according to the
BEST EXAMPLE: under obligation to make such payment from person under arrest is confided to him Supreme Court in that old case, the negligence
GMA and other head of Philhealth before was Government funds in his possession 3. Prisoner or person under arrest escapes being required in order that a public officer may
charged by Frank Chavez because of Technical Malversation 2. Refusing to make delivery by a public officer who has 4. Offender consents to the escape of the prisoner or be entitled, must be a deliberate non-performance
because of transfer of COA funds, which was used for been ordered by competent authority to deliver any person under arrest or that the escape takes place of his duty. Here, it is only a mere laxity on the
Philhealth purposes during the elections. And so, because of property in his custody or under his administration through his negligence part of the said public officer for not having
that, according to Frank Chavez, they are liable for accompanying the said woman in the rest room.
Malversation. They were charged with Technical ARTICLE 222 – OFFICERS INCLUDED IN PRECEDING Whether it be under Art. 223, 224, 225, the offender
Malversation. But their contention was there was a law that PROVISIONS infidelity in the custody of prisoners is one who has been Rodriguez vs. SandiganBayan(new case) –
allowed it. If there was a law that allowed it, then, there was Private Individual who may be liable under Art. 217- entrusted with the custody and charge of the prisoner. The Supreme Court said otherwise. According to
no violation. But, if there is no law, there is an illegal 221: Whether the prisoner is a prisoner convicted by final the Supreme Court, the moment that a public
transfer of funds, therefore, technical Malversation will 1. Private Individual who in any capacity whatsoever, judgment or a detention prisoner. He must be charged, he officer, a jail warden has accompanied a prisoner
resolve. have charge of national, provincial or municipal funds, must be the custodian of the said prisoner because the outside jail, he must not have lost sight of the
revenue or property essence of the crime is the violation of the trust reposed on said prisoner. The only obligation of the said jail
2. Administrator, depository of funds or property him. Because prisoners are accountabilities of the warden after the trial was to bring her back to the
attached, seized or deposited by public authority even Government. court. The fact that the said jail guard allowed
if such property belongs to a private individual himself to have a merienda, and even allowed the
The public officer The public officer did not woman prisoner to go to the restroom alone,
misappropriates the fund for misappropriate the funds 3. Those who acted in conspiracy in malversation  Can a private individual commit infidelity?
4. Accomplice and accessories to malversation - Yes, under Art. 225. If he is entrusted with the there was laxity on the part of the said jail guard.
his personal use. for his personal use, he The Supreme Court said, LAXITY is a deliberate
used it for another public custody of this prisoner and the prisoner escapes,
either in connivance with him or through his non-performance of his official duty as the guard
purpose other than that Can private property be the subject of Malversation?
negligence, then his liability is infidelity in the of the said prisoner, thereby amounting to
which has been - YES, under the 2nd act in Article 222, that is when infidelity in the custody of prisoner under Art.
appropriated by law or the said funds or property has been attached, custody of prisoners
ordinance that is why it is seized or deposited by public authority, it now
TECHNICAL becomes in custodialegis and it now assumes the ILLUSTRATION:
MALVERSATION – the character of being public funds or property. If any Q: A has been charged with illegal sale of dangerous drugs.
(ARTICLES 226, 227, 228)
offense is on the are misappropriated, then the crime committed is She is behind bars, it is a non-bailable offense, and
technicality of the use of Malversation and not theft. therefore, while the case is ongoing, she is behind bars. So, ARTICLE 226 – REMOVAL, CONEALMENT OR
funds. it was the hearing date, she was accompanied by the jail DESTRUCTION OF DOCUMENT
warden, the jail guard to the court, and after trial, there was ELEMENTS:
The public officer has in his The public officer has in his (Articles 223, 224, 225) this husband and two children of the said woman who was 1. Offender is a public officer
in jail. The husband and two children talked, and when the 2. He removes, destroys, or conceals documents or
possession public funds or possession public funds or ARTICLE 223 – CONNIVING WITH OR CONSENTING
property for safekeeping. It is property is only under his said woman prisoner was about to be brought to jail, the papers
husband talked to the jail warden. He invited the jail warden 3. Said documents or papers should have been entrusted
under his custody and control administration. Not for ELEMENTS:
for a merienda, in a canteen inside the hall of justice. And to such public officer by reason of his office
and therefore it is for his safekeeping, but only for 1. Offender is a public officer
so, the jail warden saw nothing wrong and so, he had 4. Damage, whether serious or not, to a third party or to
safekeeping and he has the the purpose of 2. He has in his custody or charge a prisoner, either
merienda with the woman prisoner, the husband and the the public interest should have been caused
obligation to account it later administrating it that is, for detention prisoner or prisoner by final judgment
on to the Government applying it for the purpose two children. The handcuffs had to be removed for the
3. Such prisoner escaped from his custody
which it has been woman prisoner to eat. After eating, the woman prisoner Under Article 226, in order for infidelity in the custody
4. That he was in connivance with the prisoner in the said that she needed to answer the call of nature, and so,
appropriated by law or of documents to arise, it is necessary that there be damage
latter’s escape, or is with his consent
ordiance she went to the restroom, also inside or within the hall of caused to a third person or to the public interest. If damage
justice. The jail guard allowed her inside while the jail guard is serious, the penalty is QUALIFIED, therefore, the
ARTICLE 224 – EVASTION THROUGH NEGLIGENCE was left outside, waiting. Hours passed, no woman prisoner damage may or may not be serious provided that there is
ARTICLE 221 – FAILURE TO MAKE DELIVERY OF ELEMENTS: came out. It so happens that the said husband put some damage, the crime will arise.
PUBLIC FUNDS OR PROPERTY 1. Offender is a public officer disguise for the woman to use so that she could escape DAMAGE IS NECESSARY in order to give rise to
ELEMENTS: 2. He is charged with the conveyance or custody of a without being noticed by the said jail guard, and woman infidelity in the custody of documents.
1. That the public officer has government funds in his prisoner, either detention prisoner or prisoner by final prisoner was able to escape without being noticed by the
possession judgment said jail guard. Is the said jail guard liable for infidelity in the
3. Such prisoner escapes through his negligence

Page 43
ELEMENTS: The vendor said, “anglakinamanniyan, walaakongpanukli” 1. By revealing any secrets which affect public interest superior authority in the exercise of his duty and in the legal
1. Offender is a public officer And so, by reason thereof, he gave it back to the clerk of learned by him in his official capacity infirmities of the law.
2. He is charged with the custody of papers or property court. The clerk of court said that she had no smaller bills, ELEMENTS:
3. These papers or property are sealed by proper and he remembered the exhibits. And so, he took 100 peso (1) Offender is a public officer ILLUSTRATION:
authority bill, marked as Exhibit E. And she paid it to the vendor and (2) He knows of a secret by reason of his Q: What if in the case of Duterte, the sheriff wishes to
4. He breaks the seals or permits them to be broken the vendor gave him the change of 50 peso. After eating, official capacity execute a writ of execution and cause the squatters to leave
before 1:00, the said clerk of court immediately went outside (3) He reveals such secret without authority the place because of the execution issued by the court has
Under Article 227, officer breaking the seal, infidelity in to change her big 1000 peso bill into smaller bills. When he or justifiable reasons to be implemented. Had not the sheriff performed the said
the custody of prisoners to arise, even without damage now has these smaller bills, he got one 100 peso bill and (4) Damage, great or small, is cause to the act, is he liable of any crime? Had the sheriff refused to
caused to a third party or to public interest. Damage is NOT marked it as Exhibit E and then he signed it and placed it public interest execute the writ of execution issued by the said judge? Is he
an element. inside the envelope. Here comes the next hearing date, on liable of any crime?
MERE BREAKING of the seal of the document will the next hearing date, another police officer was presented, It is necessary that there be Damage caused, whether
already consummate the crime. the fiscal produced the said documentary exhibits, the serious or not.
marked money and asked it from the clerk of court. So the A: Yes, he is liable of Open Disobedience
under Article 231. He openly refused to
fiscal showed it to the police officer, the police officer
2. Wrongfully delivering papers or copies of papers of execute a writ of execution issued by a judge.
identified Exhibits A, B, C, D. However, when it comes to
ARTICLE 228 – OPENING A CLOSED DOCUMENT which he may have charge and which should not be
exhibit E, the police officer said, “Your Honor, it has a
ELEMENTS: published thereby causing damage, whether serious or ARTICLE 232 – DISOBEDIENCE TO ORDER OF
different serial number from the one in our sworn
not, to a third party or to public interest. SUPERIOR OFFICER, WHEN SAID ORDER WAS
1. Offender is a public officer statement” and so because of that, an investigation
2. Any closed papers, documents, or objects are happened and the court learned that it was taken by said
i. Offender is a public officer
entrusted to his custody clerk of court and used in buying food. What crime, if any is ELEMENTS:
ii. He has charge of papers
3. He opens or permits to be opened said closed papers, committed by the said clerk of court? Is it malversation or is 1. Offender is a public officer
iii. Those papers should not be published
documents or objects it infidelity in the custody of documents? 2. An order is issued by his superior for execution
iv. He delivers those papers or copies
4. He does not have proper authority 3. He has for any reason suspended the execution of
thereof to a third person
A: The crime committed is infidelity in the v. The delivery is wrongful such order
Infidelity in the custody of documents, the public custody of documents under Art. 226 by vi. Damage is caused to public interest 4. His superior disapproves the suspension of the
officer has been entrusted with papers, documents or the public officer in destroying the said execution of the order
objects, which have been closed by proper authority and the document. This marked money becomes 5. Offender disobeys his superior despite the disapproval
said public officer opened the said closed document or documentary evidence, the moment they have
permitted others to open the same. Again, Damage is NOT been marked as exhibits. Money here is not used
an element. ELEMENTS:
as a medium of exchange, but as documents The offender refuses to disobey the suspension of the
because they have been marked as documentary 1. Offender is a public officer said order which was disapproved by the said public officer.
evidence. The moment they have been taken, 2. He knows of the secrets of private individual by reason
MERE ACT OF OPENING the said closed document
removed, concealed or destroyed, the crime of his office
will give rise to the crime.
committed is infidelity in the custody of 3. He reveals such secrets without authority or justifiable
documents because the clerk of court is the
custodian of the documentary exhibits. If money
Q: What if A has been charged with illegal sale of dangerous Damage is NOT an element in Article 230. 1. Offender is a public officer
is used, not as a medium of exchange, but like
drugs. The case was on trial, during the trial of the case, the 2. Competent authority demands from the offender that
this, as documentary exhibits or any other use
fiscal presented the first police officer who acted as the he lend his cooperation towards the administration of
other than as a medium of exchange, the one ARTICLE 231 – OPEN DISOBEDIENCE
poseur buyer in the course of the testimony of the police justice or other public service
who malverse, or use it is the custodian of the ELEMENTS:
officer, the fiscal produced and showed to him for 3. Offender fails to do so maliciously
said documents, the crime is infidelity in the
identification the marked money. So the marked money 1. Offender is a judicial or executive officer
custody of documents and NOT malversation.
consists of 5, 100 peso bill. The fiscal presented it to the 2. There is judgment, decision, or order of a superior
Public officer who shall fail to lend his cooperation
police and the police identified it as indeed the marked authority
When the clerk of court took the 100 peso bill, towards the administration of justice or any other public
money because of the serial numbers and because of the 3. Such judgment, decision or order was made within the
he destroyed the exhibit, the documentary service despite demand by competent authority.
markings, and thereafter the marked money have been scope of the jurisdiction of the superior authority and
marked as Exhibit A, B, C, D, E for the prosecution. After the exhibit of the said prosecution and the issued with all the legal formalities
trial, they were placed inside an envelope and given to the prosecution was seriously damaged interface. 4. Offender without any legal justification openly refuses ILLUSTRATION:
clerk of court, the custodian of the evidence which have to execute the said judgment, decision or order which Q: A raped B. B was treated by a medico legal officer at the
already been marked. So trial ended that day, it was now REVELATION OF SECRETS (Article 229-230) he is duty bound to obey PNP. This medico legal officer who has examined A, issued a
lunch time. The clerk of court was on her table and so the Open Disobedience is committed by any judicial or medical certificate, And so in the case filed by B against A
vendor arrived. The clerk of court wanted to buy lunch and executive officer who shall openly refuse without any legal for this so-called “rape”, the fiscal moved that the subpoena
she said, how much. The vendor said it costs 50 peso. The motive to execute a judgment or decision rendered by a (adjustificandum) be sent to this public officer, the medico
clerk of court pulled out her money; it was a 1000 peso bill. legal office who examined the rape victim. However, despite
Punishable acts:
receipt of the said subpoena, the medico legal officer failed

Page 44
to appear. He did not appear without any justifiable reason ii. By inflicting such punishments (those needed to be done to a prisoner. Later, he was brought out ARTICLE 238 – ABANDONMENT OF OFFICE OR
at all. The said prosecutor move again for the issuance of authorized) in a cruel or humiliating of jail for investigation to be brought in the Investigation POSITION
another subpoena, a second subpoena. Again, despite the manner section. In the investigation, he was being forced to admit to ELEMENTS:
receipt, the medico legal officer failed to appear in court and b. By maltreating such prisoner to extort a the commission of the crime. And so, by reason thereof, the 1. That the offender is holding a public office
testified and failed to give the copy of the medico legal confession or to obtain some information police officer boxed him and gave him a huge black eye. The 2. That he formally resigns from his office
certificate. What crime if any has the said medico legal from the prisoner left eye suffered so much that he lost sight, amounting to 3. But before the acceptance of his resignation, he
officer has committed? serious physical injuries. What are the crimes committed by abandons his office
 Who is the offender? the police officer?
A: He is liable for Refusal of Assistance - Any public officer or employee A: Two crimes – Maltreatment of Prisoners Abandonment of office is committed by a public officer
under Article 233. It is committed by a public offcer that and Serious Physical Injuries. who has already formally resigns from his position, and
despite demands of the public authority shall fail to lend his  Who is the offended party? Maltreatment of Prisoners because he is a having formally resigned from his position, he abandons to
cooperation toward the administration of justice or any other - He must be a prisoner prisoner who was maltreated in order to extort a the detriment of public service. Despite the fact that his
public service. Thereby, causing damage serious or not, to confession and Serious physical injuries because resignation has not yet been accepted by a superior
public interest. In order to be considered a prisoner, it is necessary that the by reason of the injury inflicted, he lost an eye. authority. Under Labor Law, when you are an employee,
said person has already been arrested, brought to the PNP when you file a resignation, it does not mean you are
NOTE: If the damage is serious, the penalty is QUALIFIED. station and he has been incarcerated. If he is not a prisoner, Q: Are you going to complex them? because a single act already resigned. There must be an ACCEPTANCE from the
then, the crime can be physical injuries, whatever injuries constitute a grave and less grave felony, are you going to superior officer before it can be said that he have already
that may have been sustained by the prisoner, but NOT complex them under Art. 48? resigned.
ARTICLE 234 – REFUSAL TO DISCHARGE ELECTIVE maltreatment of prisoners So here, the public officer has already formally
OFFICE A: No. You cannot complex them. Because under resigned, his resignation has not been accepted, yet he
ELEMENTS: What if maltreatment does not only include physical Article 235, it is expressly provided that the liability abandons to the detriment of public service. What is the
maltreatment. It shall also include moral, emotional, for maltreatment of prisoners shall be in addition to penalty?
1. Offender is elected by popular election to a public
psychological maltreatment because the law uses the phrase the liability for any other physical injuries or damage - In the abandonment of office, the penalty is
physical injuries or damage caused. caused. Therefore two crimes will be charged against QUALIFIED if the purpose of the said public
2. He refuses to be sworn in or to discharge the duties of
the police officer. officer is to evade the prosecution punishment of
the said office
3. There is no legal motive for such refusal to be sworn in ILLUSTRATION: the crime involving violation of Title 1 – Book 2
There is also a violation of R.A. 9745, Anti- (Crimes against National Security), or Chapter 1 –
or to discharge the duties of said office Q: What if A has just withdrew his money from her ATM
Torture Act, because under Section 14 of the Anti- Title 3 of Book 2 (Rebellion, Coup d’etat, Sedition,
account, she placed the money inside her bag and she was
Torture Act, Torture shall not absorb and shall not be etc.)
This is a crime which cannot be committed in already walking towards home when suddenly here comes X.
absorbed by any other crime committed as a
Philippine Jurisdiction. Refusal to discharge public duties is X snatched the handbag with the money. A police officer
consequence. Therefore, he can also be held liable ARTICLE 239 – USURPATION OF LEGISLATIVE
committed by any person entitled to a public office by passing by saw the incident and on boarded their mobile
under the so-called Anti-Torture Law. POWERS
means of popular election, refuses to assume to assume the patrol. They were able to arrest the man, took the bag and
powers and duties of his office. He refuses to be sworn in. returned it to the said victim. Thereafter, they placed X ELEMENTS:
This will not happen in our lifetime. This will never happen in inside the mobile patrol. While inside, they kicked, mold the 1. That the offender is an executive or judicial officer
the Philippine Jurisdiction because here, even if he did not man. And so, the man suffered less serious physical injuries. ARTICLE 236 – ANTICIPATION OF DUTIES OF A 2. That he:
win in the election, he wanted to hold office. What crime is committed by the said police officers? PUBLIC OFFICE a. Makes general rules and regulations beyond
ELEMENTS: the scope of his authority, or
A: The crime committed is less serious 1. That the offender is entitled to hold a public office or b. Attempts to repeal a law, or
physical injuries. It is not maltreatment of prisoners employment either by election or appointment c. Suspend the execution of thereof
because the said person, X, is not yet a prisoner. He is only 2. Shall assume the performance of the duties and NOTE: It can only be committed by an executive or
a person under arrest because he has just been arrested for powers of a public official or employee judicial officer
1. Offender is a public officer or employee having committed a crime, but he is not yet a prisoner. In 3. Without being sworn into office or having given the
2. He has under his charge a prisoner or detention bond required by law
order to be considered as a prisoner, he must be brought to ARTICLE 240 – USURPATION OF EXECUTIVE
prisoner the PNP station, taken a picture, left view, side view, front
3. He maltreats such prisoner either of the following FUNCTIONS
view, thumbmark and incarcerated. He is now an ARTICLE 237 – PROLONGING PERFORMANCE OF ELEMENTS:
accountability of the Government, he is now a prisoner. But DUTIES AND POWERS
a. By overdoing himself in the correction or 1. That the offender is a judge
before that, he is not yet a prisoner. He is only a person ELEMENTS:
handling of a prisoner or detention prisoner 2. That the offender:
under arrest. That is why in the problem, the police officers 1. That the offender is holding a public office
under his charge either: a. Assumes the power exclusively vested to
are liable only for less serious physical injuries and not of 2. That the period allowed by law for him to exercise
i. By the imposition of punishments not executive authorities of the Government, or
maltreatment of prisoners. such function and duties has already expired
authorized by the rules and b. Obstructs executive authorities from the
regulations 3. That the offender continues to exercise such function lawful performance of their functions
Q: What if in the same problem, they chased the man. They and duties NOTE: It can only be committed by a Judge
were able to catch the said man and brought him to the PNP
station. Booked him and incarcerated him, and all the things

Page 45
ARTICLE 241 – USURPATION OF JUDICIAL 4. Offender knows that his nominee or employee lacks Mere act of soliciting or making immoral and indecent A: No, the crime committed is murder or
FUNCTIONS the qualifications at the time he made the nomination advances will already give rise to the crime. It is not homicide, as the case may be and not
ELEMENTS: or appointment necessary that the woman will comply with the said parricide because the relationship between a
1. That the offender is holding office under the Executive solicitation or immoral or indecent advances. brother and another brother is in the collateral
Branch of the Government ARTICLE 245 – ABUSES AGAINST CHASTITY line and not in the direct line.
2. That he: ELEMENTS: The solicitation must not be the gospel type of Q: What if a stepfather killed his stepson?
a. Assumes the power exclusively vested in the 1. That the offender is a public officer solicitation. It must be bad, persistent, threatening such that A: The stepfather is not liable for parricide.
Judiciary, or 2. That he solicits or makes any indecent or immoral if the woman would not comply then it would adverse on her It can either be murder or homicide, as the case
b. Obstructs the execution of any order or advances to a woman part. may be, because their relationship is not based
decision given by a judge within his 3. That the offended party is a woman who is: on blood.
jurisdiction a. Interested in matters pending before the If a jail warden impregnated a female detainee, even if they  Again, the relationship must be
NOTE: It can only be committed by a public officer of the public officer for his decision or where the love one another, still liable because detainees are liabilities legitimate, in the direct line and by
Executive Branch of the Government public officer is required to submit a report or of the state. blood.
to consult with a superior officer; or
Therefore, if the person who assumes judicial b. Under the custody of the offender, who is a TITLE EIGHT  In Parricide, the circumstance which will qualify is the
power does not belong to the Executive Branch, but belongs warden or other public officer directly relationship, therefore relationship between the
to the legislative branch, the crime is not Usurpation of charged with the care and custody of offender and the offended party must be stated in the
Judicial Function, but USURPATION OF PUBLIC prisoners or persons under arrest; or information.
FUNCTION AND OFFICIAL AUTHORITY under Article c. The wife, daughter, sister or any relative Q: Let us say that the husband killed the wife. In the
177, because Article 239, 240 and 241 are specific as to falling within the same degree of affinity of ELEMENTS: information filed by the fiscal, the fiscal failed to state that
the offenders. the person under the custody and charge of 1. That a person is killed the husband is the legal husband of the said victim.
So, let us say, in the one who encroached upon the offender 2. That the deceased is killed by the accused However, during trial, by virtue of a certificate of marriage, it
the powers of the Judge, does not belong to the executive 3. That the deceased is the father, mother, or child, was proven that the accused was the legal husband of the
branch but he is legislator, it cannot be considered as  How are abuses against chastity is committed? whether legitimate or illegitimate, or a legitimate said victim-wife. Can the husband be convicted of parricide?
usurpation of judicial functions, rather it will beUsurpation Of - There are three acts. (Refer to the elements) other ascendant, or legitimate other descendant, A: No, the husband cannot be convicted of
Public Function And Official Authority Under Article 177. 1. Public officer solicits or makes any or legitimate spouse of the accused parricide. This is because the relationship was
indecent or immoral advances to a  Parricide is committed when a person kills his father, not alleged in the information although proven
ARTICLE 242 – DISOBEYING REQUEST OF woman who is interested in matters mother, child, whether legitimate or illegitimate, during trial. Since the relationship between the
DISQUALIFICATION pending before his for his decision or legitimate other ascendant, legitimate other husband and the wife is not alleged in the
where the public officer is required to descendant, or legitimate spouse. Therefore the information, although proven during trial, he
submit a report or to consult with a offended party or deceased or the victim is specified, cannot be convicted of parricide. It can only be
1. That the offender is a public officer murder or homicide, as the case may be.
superior officer he must be the father, mother, child whether
2. That a proceeding is pending before such public officer
2. Warden or other public officer directly legitimate or illegitimate, legitimate other ascendant,
3. That there has been a question regarding the
charged with the care and custody of legitimate other descendant, or legitimate spouse. Q: What if a husband wanted to kill his wife. So he has a
jurisdiction brought before the proper authority
prisoners or persons under arrest, and  Parricide is a crime based on relationship. mistress, the husband wanted to dispose his wife. However,
4. There is a question brought before the proper
he solicits or makes any indecent or  What kind of relationship? he cannot do it on his own and so the husband hired a high-
authority regarding his jurisdiction, which is yet to be
immoral advances to a woman  First, it must be a legitimate relationship profile killer, he paid the man 100,000 pesos to kill the wife.
3. Warden or other public officer directly except in the case of parent and child. And so the man conducted surveillance on the wife, checked
charged with the care and custody of Second, the said relationship must be in the itinerary of the wife and so when the wife was getting
ARTICLE 243 – ORDERS OR REQUESTS BY prisoners or persons under arrest, and the direct line out of the grocery, here comes the killer. The killer, on
EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY the said officer makes any indecent or Third, the relationship must be by blood board a motorcycle, went directly to the wife, shot her and
ELEMENTS: immoral advances to the wife, (grandfather killed a grandson, a mother off he went. The wife died. What crime/crimes is/are
1. That the offender is an executive officer daughter, sister or any relative falling killing a son, a son killing a father) committed?
2. That the offender addresses any order or suggestion within the same degree of affinity of A: The husband is liable for principal but
to any judicial authority the male prisoner. said killer is liable for murder. Conspiracy will
Q: So a father killed an illegitimate son. What crime is
3. That the order or suggestion relates to any case or not lie. Although they conspired for the killing of
business within the exclusive jurisdiction of the courts  Who is the offender? the wife, the husband, being the principal by
of justice A: It is parricide. Although the crime is based
- He must be a public officer because there must be inducement and the killer, being the principal by
on legitimate relationship, the exception is in
abuse of public office in making immoral or direct participation, conspiracy will not lie. This is
case of children, whether legitimate or
ARTICLE 244 – UNLAWFUL APPOINTMENTS indecent advances. because the circumstance which qualifies
ELEMENTS: Essence of the crime is taking advantage of one’s parricide, the relationship, is personal to the
1. Offender is a public officer position in soliciting or making immoral or indecent husband and cannot be transferred to a
advances. Q: A brother killed another brother. Is the crime committed
2. He nominates or appoints a person to a public office stranger. That is why there will two informations
3. Such person lacks the legal qualification thereof filed, one is parricide as against the husband as

Page 46
a principal by inducement and the other one is injuries. Therefore the surprising and the serious physical injuries must take place immediately 1. Treachery, taking advantage of superior
murder as against the killer. killing or infliction of serious physical thereafter, the law did not say that the killing must be done strength, with the aid of armed men, or
injuries must be a continuing process. instantly. According to the Supreme Court, it suffices that employing means to weaken the defense,
ART 247 – DEATH OR PHYSICAL INJURIES the proximate cause for the said killing is the said pain and or of means or persons to insure or afford
INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES Q: What if the husband arrived home and the wife arrived the look on the said husband upon chancing his wife in the mutiny.
ELEMENTS: home from the market. She was about to go the kitchen basest act of infidelity. This is an exceptional case. 2. In consideration of price, reward or
when suddenly, she heard voices in the master’s bedroom  Why an exceptional case? promise
1. That a legally married person or a parent
and so she opened the said master’s bedroom and saw her 3. By means of inundation, fire, poison,
surprises his spouse or his daughter, the latter
legal husband in actual sexual intercourse with another  Because henceforth, after People v Abarca, explosion, shipwreck, stranding of a vessel,
under 18 years of age and living with him, in
person. Notice that the law says, “other person” which the Supreme Court has already interpreted derailment or assault upon a railroad, fall
the act of committing sexual intercourse with
means it could be a man or a woman. Upon seeing that, the “immediately thereafter”, as there must be of an airship, by means of motor vehicles,
another person.
wife who still has a knife in the basket, immediately went no lapse of time between the surprising or with the use of any other means
2. That the said legally married spouse he or she
towards the husband and stabbed him. The woman fled. and the killing. The surprising and the involving great waste and ruin.
kills any or both of them or inflicts upon any
The husband died. Of what crime would you prosecute the killing must be continuous. 4. On occasion of any calamities
or both of them any serious physical injury in
said wife? The wife is liable for parricide under Article 246  Legal luminaries say that this is an enumerated in the preceding paragraph, or
the act or immediately thereafter
for having killed her husband. If you are the counsel of the exceptional case because the husband was of an earthquake, eruption of a volcano,
3. That he has not promoted or facilitated the
said wife, what defense would you put up in order to free reviewing for the bar which is why he was destructive cyclone, epidemic, or any
prostitution of his wife or daughter, or that he
your client from criminal liability? given this special _. Because in all other other public calamities.
or she has not consented to the infidelity of
A: Article 247 or Death under exceptional cases after this, the Supreme Court is strict 5. With evident premeditation.
the other spouse.
circumstances. The Supreme Court said that in implementing “immediately thereafter”. 6. With cruelty, by deliberately and
Article 247 is not a felony. Article 247 is a The Supreme Court is strict because this is inhumanly augmenting the suffering of the
privilege, in fact is it a defense. If Article 247 is not a felony, it is a privilege therefore it victim or outraging or scoffing at his
 Under the first element, it is required that the must be strictly interpreted and not person or corpse (RA 7659)
invoked, the accused is free from criminal
legally married spouse surprises the other liberally interpreted in favor of the accused.
liability. It is an absolutory cause, an exempting
spouse while in the actual act of sexual  Look that if the injury inflicted by the  These are the qualifying circumstances for
circumstance. The Supreme Court said that the
intercourse with another person. So note the legally married spouse on the lover or the murder (See Article 14-aggravating
penalty stated therein, destierro, is not really a
surprising must be in the actual act of circumstances, Book I) Know the elements in
penalty on the legally married spouse who killed other spouse, is less serious physical
sexual intercourse and NOT before, NOT injuries or slight physical injuries, he is Article 14.
the other spouse. It is not a penalty but it is
after. totally free from criminal liability. Liability  All of these are aggravating circumstance under
more of a guard, a privilege for him so that he
 If you will read the book of Reyes, Justice Laurel, Article 14. Note, in order to qualify a killing to
may be free from any retaliation of any of the will only come in if the other spouse is
naghinanakitsya. Sabinya, “Why? Why should it murder, only one is necessary.
family of the victim. So destierro here is not killed or inflicted with serious physical
be in the actual act of sexual intercourse, you
really a penalty. Again, Article 247 is not a injuries.
already saw your spouse with another man, why  With regards to the liability of the accused  If in the information, A killed B and it was attended by
felony. It is a defense, a privilege; it is an
wait for the sexual intercourse? You know it will to the injuries sustained by other people, treachery, in consideration of a price, reward or
exempting circumstance or an absolutory cause.
happen, why wait for it for Article 247? This is promise, by means of a motor vehicle, so there are
liable to physical injuries through
what Justice Laurel said. But the Supreme Court three qualifying circumstances. Only one will suffice to
PEOPLE v. ABARCA negligence, as the case maybe. There is no
said no, the surprising must be in the act of intent to kill the other victims. qualify the murder to killing, all the other aggravating
sexual intercourse with another person. Not In this case, there was this student reviewing for the
 Note that the SC ruled that inflicting death circumstances will be considered not as qualifying
before, not after, not during the preliminaries. bar. There were already rumors that his wife was having an circumstances but as mere generic aggravating
under exceptional circumstances is NOT
affair. So one time, he went home unannounced. Upon his
murder. circumstances.
SECOND REQUISITE/ELEMENT: arrival, he saw his wife in sexual intercourse with another
man. The man jumped out the window. The husband
 The second element requires that the said ART 248 – MURDER ART 249 – HOMICIDE
wanted to kill the man but he had no weapon at the time.
legally married spouse kills any or both of them ELEMENTS: ELEMENTS:
The man went away. It took the husband an hour before he
or he inflicts serious physical injuries upon any 1. That a person was killed
was able to find a weapon and upon finding a weapon, he 1. That a person was killed
or both of them. Again, while in the act of 2. That the accused killed him without any justifying
went directly to the whereabouts of the man, the lover of 2. That the accused killed him
sexual intercourse or immediately thereafter.
the wife and killed the man. It took him one hour. The killing 3. That the killing was attended by any of the circumstance
There is no question as to the “actual act of
took place an hour, not in the actual sexual intercourse, but qualifying circumstances mentioned in Article 248 3. That the accused had the intention to kill, which is
sexual intercourse” but what about
is it immediately thereafter? Despite the fact that one hour 4. That the killing is not parricide or infanticide presumed
“immediately thereafter”?
had lapsed, would it be within the meaning of immediately 4. That the killing was not attended by any of the
 What does the phrase “immediately thereafter”
thereafter? qualifying circumstances of murder, or by that of
mean?  Murder is committed by any person who shall kill
 The Supreme Court said, “immediately another person which will not amount to parricide or parricide or infanticide.
thereafter” means there must not be lapse The Supreme Court, in this special case, said yes. infanticide and the killing is attended by the following  When a person kills another person, and it is not
of time between the surprising and the According to Supreme Court, when the law uses the phrase qualifying circumstances: attended by any qualifying circumstance under Article
killing or infliction of serious physical “immediately thereafter”; that the killing or the infliction of

Page 47
248, the killing is considered as Homicide under Article ELEMENTS: crime is identified, ascertained or determined. 1. That the offender discharges a firearm against or at
249. 1. That there is a tumultuous affray Death in a tumultuous affray under Article 251 another person
2. That a participant or some participants thereof can only be charged if the actual perpetrator of 2. That the offender has no intention to kill that
suffer serious physical injuries or physical injuries the crime who killed the victim cannot be person
ART 250 – PENALTY FOR FRUSTRATED OR of a less serious nature only. ascertained or identified.
ATTEMPTED PARRICIDE, MURDER OR HOMICIDE 3. That the person responsible thereof cannot be Q: What if there was this park. The park was full of people
identified ART 253 – GIVING ASSISTANCE TO SUICIDE and then suddenly, here comes X, X went to the park, put
ART 251 – DEATH CAUSED IN A TUMULTOUS AFFRAY 4. That all those who appear to have used violence TWO ACTS PUNISHABLE: out his firearm, and he fired shots in the air. What crime is
 What is a tumultuous affray? upon the person of the offended party are known. I.By assisting another to commit suicide, whether the committed?
 A tumultuous affray is a commotion, wherein suicide is consummated or not; or A: X committed Alarms and Scandals under
people fight in a tumultuous or confused manner  Note that the victim here must be a participant. The II.By lending assistance to another to commit suicide to Article 155. When he fired shots in the air, his
such that it cannot be ascertained or determined law is specific. The participants must be the one the extent of doing the killing himself. intention was to cause disturbance of public
who has killed the victim or who has inflicted injured with serious physical injuries or less serious peace and tranquility. The firearm was not aimed
physical injuries on the victim. physical injuries. Not slight physical injuries.  Giving assistance to suicide – binigyanmong rope; towards any person.
binigyanmong poison.
 A friend wanted to commit suicide, he doesn’t know Q: What if X went to a public place full of people. X saw his
ELEMENTS:  Article 252, we have physical injuries inflicted in
the way, the means and you agreed with him, you enemy, Y, and so to threaten Y, X pulled out his firearm,
1. That there be several persons tumultuous affray, is committed when in a tumultuous
assisted and gave the best poison in the world. So you aimed the firearm at Y in order to threaten him. X
2. That they did not compose groups organized for the affray, a participant has suffered serious physical
assisted the said friend in committing suicide. Note discharges the firearm, however, with no intention to kill Y.
common purpose of assaulting and attacking each injuries or less serious physical injuries and it cannot
that if a person assisted in committing suicide by His only intention is to threaten Y and Y was not killed. What
other reciprocally be ascertained who inflicted these injuries but the
giving him poison, the initiative must come from him. crime is committed?
3. That these several persons quarreled and assaulted person who used violence on the victim can be
The desire to kill himself must come from the victim. A: The crime committed is Article 254,
one another in a confused and tumultuous manner identified or determined.
He wanted to commit suicide and you merely provide Illegal Discharge of Firearms. Illegal
 If the injury caused to the victim is only slight physical
4. That someone was killed in the course of the affray assistance in the commission of suicide. discharge of firearms is committed by any person
injuries, then no one is liable because if a person
5. That it cannot be ascertained who actually killed the  B wanted to commit suicide, here comes A, A gave who aims and discharges the firearm to any
engaged in a tumultuous affray or participated therein,
deceased assistance to B but B survived. B did not die. Only A is other person absent the intent to kill the said
the law presumes that it is __ therefore no one is
6. That the person or persons who inflicted serious criminally liable because suicide or attempt to commit person. The purpose is merely to threaten the
liable if the injuries sustained is only slight physical
physical injuries or who used violence can be suicide is not a felony within Philippine jurisdiction. It said person.
injury and it cannot be determined who inflicted the
identified. is only the one who assisted to commit suicide is
said slight physical injury on the victim.
criminally liable but not the person who attempted to
Q: What if in the same public place, X went there and pulled
commit suicide.
 Article 251, death in a tumultuous affray, is committed Q: There was this tumultuous affray, several people were out his firearm because he saw his enemy, Y. He aimed the
when there are several persons who do not compose attacking and fighting each other. Suddenly, here comes a gun at Y with intent to kill, because he wanted to kill his
groups which have been organized to assault and Q: What if a terminally sick person with cancer, he was lying
balot vendor. He saw the affray. He was just there, enemy. However, Y saw it and was able to avoid. What
quarrel with one another reciprocally, assaulted and in bed, almost lifeless and it was only a machine that was
watching, suddenly he fell on the ground. He died because crime is committed?
attacked each other reciprocally and in the course of giving life to his body. Now, the mother of the patient and
of a stab wound. Now, it cannot be ascertained who stabbed A: X committed attempted homicide or
the affray, someone is killed. And it cannot be she took pity of her son because the son was agonizing and
him, so no one saw who stabbed him. Who will be held was only breathing through the said machine. The mother murder, as the case may be. Although Y was
ascertained or identified or determined who killed the criminally liable? not hit, the fact that the said firearm was
victim, then the person who inflicted serious physical wanted to finish the suffering of the son and at the time she
A: Any person who inflicted serious discharged with intent to kill, it is already
injuries or those who used violence against the said visited the hospital, she turned off the machine and the son
physical injuries on him. No one has seen died. He killed her son out of mercy. So it is mercy-killing or attempted homicide or murder, as the case may
victim can be identified. also who had inflicted serious physical injuries be.
euthanasia. Is the mother liable for giving assistance to
against him. The any person who inflicted suicide?
 Someone is killed. Note that he can be any person; he any violence against him shall be criminally A: No because the initiative to kill did not come Q: What if in the said merry-making, there were so many
can be someone from the affray, he can be a mere
liable. people. X went there. He saw his enemy Y and went directly
passerby, he can be just someone watching the affray, from the sai person who was ill. The crime
committed by the mother is parricide for to Y, took out his gun and he poked the gun without
so long as he is killed in the affray and it cannot be
Q: There was this tumultuous affray, several people were killing her son. If it were other person, it was discharging. What crime is committed?
ascertained who killed him, then the person who
inflicted serious physical injuries on him is liable if he attacking and fighting each other. Suddenly, here comes a murder. Evidently, it was murder because there A: The crime committed is other light
can be identified. If this person cannot be identified, balot vendor who saw the affray and he was just there, was evident premeditation; there was thinking threats. So here, threatening another with a
then the person who used any kind of violence against watching. While he was watching the affray, one of the before doing the act of mercy-killing. gun, without discharging, only poking. It is other
him shall be criminally liable. participants of the affray, X, saw him and went directly to light threats. It is not grave threats, it is not light
the balot vendor and stabbed him twice. The balot vendor ART 254 – DISCHARGE OF FIREARMS/ ILLEGAL threats. It is only other light threats,
died. What crime is committed? Is it under Article 251, DISCHARGE OF FIREARMS arrestomenor.
Death in tumultuous affray?
A: No. It is murder or homicide as the case
may be. This is because the perpetrator of the

Page 48
 So kapag discharge, pinutok – it could either be alarms from reclusion perpetua to death, the penalty of the mother 1.) INTENTIONAL ABORTION So, both of them are liable for intentional
and scandals, illegal discharge of firearms or will only now become prision mayor. 2.) UNINTENTIONAL ABORTION abortion.
attempted or frustrated murder or homicide, as the Because the abortion practiced by the woman herself or the
case may be. Q: What if let us say that the killer of the less than three day mother and the abortion practiced by a physician or midwife Q: But what if despite the fact that the female student had
 If no discharging, only poking, or threatening with a old child is the maternal grandparents. The grandparents are all intentional abortion. So in effect, we only have to already taken or drank the abortive beverage still the fetus
firearm, it is only other light threats conspired in the killing in order to conceal the dishonor of kinds of abortion. We have intentional abortion and survived? Malakasangkapitngbatasa maternal womb. What
their daughter. What is the effect of the concealment of the unintentional abortion. crime is committed if any by the boyfriend and the
ARTICLE 255 – INFANTICIDE dishonor? ABORTION – is the willful killing of a fetus from the mother’s girlfriend? Is there a crime such as frustrated intentional
Infanticide is the killing of a child less than three A: The concealment of the dishonor will womb or the violent expulsion of a fetus from the maternal abortion?
(3) days old or less than seventy-two (72) hours. So in the also mitigate the criminal liability of the womb which results in the death of the fetus. A: YES. There is a crime such asfrustrated
case of infanticide, it is the age of the victim that is maternal grandparents that is one degree intentional abortion. Here, the said woman
controlling. The victim, the child, the infant, must be less lower. So sa mother, two degrees lower, from INTENTION ABORTION is committed in three (3) ways: has already taken the said abortive beverage. He
than three (3) days old. He must be less than seventy-two reclusion perpetua to death magigingprision 1.) By using violence upon the person of the has already performed all the acts necessary to
hours. If it is only three (3) days old or above it is any other mayor. Sa maternal grandparents one degree pregnant woman resulting to abortion. consume the crime of abortion however, abortion
crime but not infanticide. lower lang, from reclusion perpetua to death it 2.) Without violence, by acting without violence, did not result because of causes independent of
 Who is the offender in Infanticide? will now become reclusion temporal. Whatever it without the consent of the woman by their will. Malakasangkapitngbatasa maternal
The offender can be the parents, the mother, the is, concealment of dishonor is akin to a privilege administering aborting drugs or beverages womb and so the baby survived. And so, they
father, the grandparents or it can be any other person so mitigating circumstance because the lowering of without the consent of the pregnant woman. are both liable for frustrated intentional abortion.
long as the child is less than three (3) days old, it is the penalty is not merely by periods but by 3.) By acting without violence, with the consent of
infanticide. It is the age that is controlling, not the degrees. So it is akin to a privilege mitigating the pregnant woman that is by administering IS THERE A CRIME SUCH AS FRUSTRATED
relationship. circumstance. aborting drugs or beverages to a pregnant UNINTENTIONAL ABORTION?
woman this time with her consent. NO. This time there is no crime such
Q: So what if in the same problem I gave, the woman gave as frustrated unintentional abortion. Because in
birth to the child and wanted to kill the child but this time unintentional abortion, the intention is against
the infant is already three days old and the child was killed the woman and abortion only happens
Q: So what if there was this woman and this woman gave (1) way and that is by exerting physical violence on a
by the said mother and the friend. What are the crimes unintentional.
birth to a child. After giving birth to the child while the child pregnant woman. And in result thereof, an unintentional
committed? abortion was suffered.
was only a day old, she already wanted to kill the child in ILLUSTRATION:
order to conceal her dishonor. However, she could not kill A: The mother is liable for In unintentional abortion the force employed was
parricidewhile the stranger/friend is liable physically exerted on a pregnant woman. The intention of Q: So let’s say a man exerted physical violence against the
the child by herself and so she asked a favor from a friend.
for murder. And this time no amount of the offender is not against the baby or the fetus but against woman who happens to be his enemy. The said woman was
And so the friend arrived and both the mother and the said
concealment of dishonor will mitigate the the mother. His intention is against the mother but in so severely hurt however, the baby was not hurt. The fetus
friend killed the child, a day old, by suffocating the said child
criminal liability of the mother. So there lies a doing, since the mother is pregnant, the baby/fetus was also inside the tummy did not die. What is the crime committed
with a big pillow. The child less than three days old, died.
difference between parricide and infanticide if aborted. So abortion was unintentionally caused. by the said man?
What crime/s is/are committed?
the offender is the parent or the mother of the A: Only serious physical Injuries against the
A: The mother is liable for infanticide. The
child. woman. No crimes against the fetus because
said stranger friend is also liable for ILLUSTRATION:
JUST REMEMBER: If the child is less than three days old there was no intent in so far as the fetus is
infanticide. There was conspiracy on them. Q: So what if there were two college students, a boyfriend
or less than 72 hours, IT IS INFANTICIDE. It is the age that concerned.
This time conspiracy on life, both of them are and girlfriend. The girlfriend became pregnant and the
liable for infanticide under only one information. controls. If the child is three days old and above, PARRICIDE
boyfriend said, ‘I am not yet ready. We are still so young so
Isang information langsa court and that is OR MURDER, as the case may be. It is obvious murder Q: But what if in the said problem, the man inflicted violence
I cannot marry you.’ And so by reason thereof the girlfriend
infanticide. Both the mother and the friend are because a three day old child or infant is totally defenseless. on the pregnant woman who happens to be his enemy. Let’s
said, ‘how about my situation? I am already pregnant.’ And
conspirators of infanticide. so by reason thereof, they both decided in order to conceal say he kicked and moved the said woman severely and by
ARTICLE 256, 257, 258 AND 259 ARE ALL ABOUT the dishonor of the said female student, they both decided reason thereof the pregnant woman was 1:44:17. What
ABORTION to abort the fetus. So what the boyfriend did was he went to crime/s is/are committed?
Now let us say that the mother is convicted. If
the mother is convicted, the penalty imposed by the law as ARTICLE 256 – INTENTIONAL ABORTION the sidewalks of Quiapo and bought there aborting A: The crime committed against the
provided in Article 255 is equivalent to parricide which is ARTICLE 257 – UNINTENTIONAL ABORTION beverages and he administered the same to the said woman is serious physical injuries. As
reclusion perpetua to death. On the other hand, if the ARTICLE 258 – ABORTION PRACTICED BY THE woman. And the female student drank the aborting against the fetus, the crime committed is
stranger is convicted under Article 255, the penalty to be WOMAN HERSELF OR BY HER PARENTS beverage and the fetus died. What crime/s is/are unintentional abortion. Now, it resulted from
imposed is equivalent to murder therefore, also reclusion committed? one single act therefore it will result to a complex
perpetua to death. But note the charge is that he is guilty of A: In so far as the boyfriend is concerned, the crime of SERIOUS PHYSICAL INJURIES WITH
infanticide. crime committed is intentional abortion under UNINTENTIONAL ABORTION under ARTICLE 48
Article 256. In so far as the said female student is OF BOOK 1. It is a complex crime. It is a single
The fact that the said mother killed the child,
concerned, the crime committed is also intentional act resulting to two less grave felonies.
less than three days old, in order to conceal dishonorwill Note that there are four (4) articles on abortion but there
mitigate the criminal liability of the mother. NOTE:The are only two (2) type of abortion: abortion but it is under Article 258 – Abortion
penalty will be lowered not by one, but by two degrees, practiced by the woman herself or by her parents.

Page 49
Q: What if a husband arrived home at 5 o’clock in the 1.) By killing one’s adversary in a duel. intent to mutilate, the deliberate intent to clip looses an eye, a hand, a foot,
morning. He saw his wife looking at the children and is 2.) By inflicting physical injuries upon one’s off, to severe a particular part of the body of a an arm or a leg; or
making breakfast. Suddenly the cellphone of the wife rang, adversary. person. Absent that deliberate intent, any b. Loses the use of any such
the pregnant wife answered the cellphone and she began 3.) By making a combat by merely entering into a person who loses a part of his body, it can only member, or
giggling. When she began giggling, the husband took the duel. be serious physical injuries but not mutilation. So c. Becomes incapacitated for the
cellphone from the said wife and listened to the cellphone. in mutilation it is always committed with work in which he was therefore
He heard a voice of a man on the other line of the So under Article 260, the persons who are liable are the deliberate intent or dolo to mutilate. Absent that, habitually engaged in the
cellphone. Since he heard the voice of the man and he just combatants and adversaries, those who engage in a duel it is serious physical injury. consequence of the physical
arrived from work, he became jealous and with the use of a and yungkanilangalalay, yung seconds. ILLUSTRATION injuries inflicted
knife he stabbed the wife. The wife died and the fetus died. Q: Let’s say A and B were engaged in a fight, they were 3. When the injured:
What crime/s is/are committed? both fighting and A was losing and so he took out his bolo. a. Becomes deformed
Under Article 261- Challenging to a duel, there are also
A: In so far as the wife is concerned, the His intention was to cut the body of B in order to defeat him b. Loses any other member of his
three acts punished:
crime committed is parricide. In so far as however, B tried to prevent him and placed his hand and by body; or
1.) By challenging another to a duel. c. Becomes ill or incapacitated for
the baby is concerned, the crime reason thereof, the right hand of B was severed from his
2.) By inciting another to give or accept a challenge
committed is unintentional abortion. Again, body. Is the crime committed mutilation? the performance of the work in
to a duel.
it resulted from one single act of stabbing the A: NO. It is not mutilation because there was which he was habitually
3.) By scoffing at or decrying another publicly for engaged for more than 90
wife therefore it will give rise to a COMPLEX no deliberate intent to clip off or to severe
having refused to accept a challenge to fight a
CRIME OF PARRICIDE WITH UNINTENTIONAL the right hand of B. His intention was to attack or days, in consequence of the
duel. physical injuries inflicted
ABORTION. There is a crime against the wife to stab B and in so doing, it resulted to the loss of
which is parricide and against the fetus which is an arm therefore, the CRIME COMMITTED IS 4. When the injured person becomes ill or
unintentional abortion resulting from a single act Under Article 261, the persons criminally liable are both the incapacitated for labor for more that 30 days
SERIOUS PHYSICAL INJURIES. Physical injuries can
therefore, it is parricide with unintentional challenger and the instigator. (but must not be more than 90 days), as a result
either be serious physical injuries, less serious
abortion. NOTE that if it is not a duel or there is no agreement to of the physical injuries inflicted.
physical injuries or slight physical injuries.
combat or to fight, let’s say there was no agreement Note: All of this, all of the enumeration mentioned in Art.
PHYSICAL INJURIES is the act of wounding, beating or
ARTICLE 259 - ABORTION PRACTICED BY A between A and B to fight and yet they fought and B died, 263 are already considered serious physical injury. If a
assaulting another with no intent to kill. It also involves the
the crime committed is HOMICIDE because Article 260 and person becomes ill or incapacitated for more than 30 days, it
PHYSICIAN OR MIDWIFE AND DISPENSING OF act of knowingly administering injurious beverages or
261 only applies if there is an agreement to fight, to a duel is already serious physical injuries. It is already divided into
ABORTIVES substances absent intent to kill. So always there is no intent
or a combat. categories for purposes of penalty. Because they differ in
to kill in order to amount to physical injuries because even if
the injury is only slight or no injury at all but if there is intent penalty. But the moment the said person, by reason of the
UNDER ARTICLE 259, there is another act punished and
CRIMES OF PHYSICAL INJURIES: to kill, it is already in the stage of homicide. So there must said injury becomes ill or incapacitated for labor for more
that is dispensing of abortives. Dispensing of abortives is
be no intent to kill. than 30 days, it is already, serious physical injury.
committed by a pharmacist who shall dispense an abortive
without a prescription from a physician. The mere act of ARTICLE 262 – MUTILATION It also includes the act of knowing administering injurious
dispensing the said abortives without prescription from a Mutilation is the clipping off or chopping off of substances absent intent to kill. So the FIRST CATEGORYis, that the injured person
physician will hold the said pharmacist criminally liable. a particular part of a body which is not susceptible to grow becomes INSANE.
again. So always, there is no intent to kill in order to amount to
ARTICLE 260 - DUEL Two kinds of mutilation: physical injuries. INSANITY refers to a mental disease by reason thereof a
ARTICLE 261 – CHALLENGING TO A DUEL 1.) By intentionally depriving another of a part of his person can no longer appreciate the consequences of his
body which is an essential part for reproduction. act.
What is a duel? Because even if the injury is only SLIGHT or no injury at all,
A duel is a combat with deadly weapons 2.) By intentionally committing other mutilation that but there is intent7 to kill, it is already in the attempted
is, by depriving him of any other part of his body stage of Homicide. So there must be no intent to kill. IMBECILITY is when a person is already advanced in age,
concerted between two or more persons who have decided
with intent to deprive him of such part of his yet he has only the mind of a 2-7 year old child.
or agreed to fight.
ELEMENTS OF A DUEL: IMPOTENCY includes the inability to copulate or sterility.
Under the first kind, that is mutilating an organ
1.) It is necessary that the offenders that there was Under Art. 263, the serious physical injuries punished
essential for reproduction, is otherwise known as BLINDNESS requires loss of vision of both eyes by reason of
an agreement to engage in combat or in a fight. are:
CASTRATION. You will know that the penalty is even higher the injury inflicted. Mere weakness in vision is not
2.) There must be two or more seconds for each
than homicide. Killing a person is only punishable by contemplated.
combatant. 1. When the injured person becomes insane,
reclusion perpetua while castrating a person is punishable by
3.) The firearms or the arms to be used as well as imbecile, impotent, or blind in consequence of
reclusion temporal to reclusion perpetua. Because if you are
the other terms of the combat must be agreed the physical injuries inflicted. Under the SECOND CATEGORY:
castrated it is as if you are already killed. That’s why it has
upon by the said seconds. 2. When the injured person:
a higher penalty.
 Mutilation is a felony which cannot be committed a. Loses the use of speech or the The offender loses the use of speech or the power to heal or
Under Article 260 - Duel, there are three acts punished in out of imprudence or negligence. Because the power to heal or to smell, or to smell, or looses an eye, a hand, a foot, an arm or a leg.
a duel: law requires that there must be the deliberate

Page 50
- So if it is only an eye which has been lost, it is A: The crime committed will LESS SERIOUS OR ARTICLE 265 – LESS SERIOUS PHYSICAL INJURIES the crime committed is ILL-TREATMENT OF ANOTHER BY
serious physical injury but under the Second SLIGHT PHYSICAL INJURIES depending on the DEED, a form of slight physical injury under Art. 266.
Category already. The penalty is lesser than that medical attendance. Because it cannot be seen. LESS SERIOUS PHYSICAL INJURIES is committed
of the First Category. It is not located in a visible or conspicuous place. if by reason of the injury inflicted, the offended party According to the Supreme Court, there was pain
requires medical attendance or he cannot perform the work inflicted on A, but there was no injury and there was no
Under the THIRD CIRCUMSTANCE/CATEGORY: A poured muriatic acid on the face of another person whom with which he is habitually engaged for a period of 10-30 intent to kill because the said offender immediately ran away
he hates and so because of that, the face of that person days. So the requirement of medical attendance or his after hitting him a single time. So the crime committed is
When the offender becomes DEFORMED. becomes deformed, it became ugly. Later, she went on a incapacity to do his work for a period of 10-30 days, it will MALTREATMENT OF ANOTHER PARTY.
plastic surgeon. When he got out of the plastic surgery bring about less serious physical injury.
So what is this so-called DEFORMITY which will result in clinic, she now looks like Vilma Santos. Is the accused
serious physical injury? person liable for serious physical injuries? Q: What circumstances will QUALIFY LESS SERIOUS ARTICLE 266-A – RAPE
Q: A hacked B with the use of a bolo on his stomach. So A: Yes. Even if she became prettier than before, RAPE is now a crime against person; it is no
there was a big mark on his stomach despite the fact that it it is still a fact that by reason of the said injury it 1. When there is manifest intent to insult or offend longer a crime against chastity. Because of the amendment
was already healed, there was a big scar on the said cannot be healed through the natural healing the injured person brought about by RA 8353 – THE ANTI-RAPE LAW.
stomach. The doctor said that the said injury requires process. It will require the attendance of medical 2. When there are circumstances adding ignominy
medical treatment for 2 weeks. What crime is committed? Is surgeon. Therefore, it is considered as a to the offense
it serious physical injury or is it less serious physical injury? 3. When the victim is the offender’s parents,
1. By a man who shall have carnal knowledge of a
ascendants, guardians, curators, or teachers
A: The crime committed is only LESS SERIOUS If the said physical ugliness is not located on a visible or 4. When the victim is a person of rank or person in
2. Sexual Assault
PHYSICAL INJURY. There was no deformity. conspicuous place, it would be depending on the authority, provided the crime is not direct assault
Although there was a big scar on the stomach, it deployment of medical attendance.
There is RAPE BY CARNAL KNOWLEDGE when a man has
would not amount to deformity. An injury in So the crime committed here, with the attendance of these
carnal knowledge of a woman against her will.
order to amount to deformity which would bring Q: When is serious physical injuries qualified? circumstances qualify less serious physical injuries.
about serious physical injury must result to a
physical ugliness on a person. There are 3 A: Serious physical injuries is qualified:
requisites befor deformity may be considered as 1. If it is committed against any of the ARTICLE 266 – SLIGHT PHYSICAL INJURIES AND
a serious physical injury: 1. Offender is a man
persons enumerated in Parricide. That is MALTREATMENT
2. Offender had carnal knowledge of the woman
when serious physical injuries is committed
against her will
1. There must be physical ugliness produced against the father, mother, child, whether 3 KINDS OF SERIOUS PHYSICAL INJURIES AND 3. Such act is accomplished under any of the
on a body of a person legitimate or illegitimate; legitimate other MALTREATMENT: following circumstance:
2. The said deformity should be permanent ascendant or other descendant and 1. Physical injuries which incapacitated the a. Through force, threat, or intimidation
and definite abnormality and it would not legitimate spouse of the accused. offended party for labor from 1 to 9 days, or b. When the offended party is deprived of
heal through the natural healing process 2. If in the infliction of serious physical required medical attendance during the same reason or is otherwise unconscious
3. The said deformity must be located in a injuries, it is attended by any of the period c. By means of fraudulent machination or
conspicuous and visible place qualifying circumstances for murder. That 2. Physical injuries which did not prevent the grave abuse of authority
is, if it is done with treachery, evident offended party from engaging in his habitual d. When the offended party is under 12 years
EXAMPLE OF “The said deformity should be permanent and premeditation, the crime committed is work or which did not require medical of age or is demented, even though the
definite abnormality and it would not heal through the qualified serious physical injuries. attendance circumstances mentioned above be present
natural healing process”: 3. Ill-treatment of another by deed without causing
A boxed B. He lost his 2 front teeth permanently. What SUBSTANCE OR BEVERAGES
So in rape by carnal knowledge, who is the offender? A
crime was committed? Maltreatment of another by deed without causing any injury MAN.
ELEMENTS: is the act of INFLICTING PAIN ON ANOTHER PERSON Who is the offendeaprty? A WOMAN.
A: The crime committed was SERIOUS PHYSICAL 1. The offender inflicted serious physical injuries WITHOUT CAUSING ANY WOUND OR INJURY.
The law is SPECIFIC.
INJURY. Because it is a deformity even if the upon another
doctor says that he can still replace it, the fact 2. It was done by knowingly administering to him CASE: PEOPLE VS MAPALO (in Book I)
any injurious substances or beverages or by SECOND - “OFFENDER HAD CARNAL KNOWLEDGE OF
still remains that it cannot be healed through a
natural healing process. taking advantage of his weakness of mind or THE WOMAN AGAINST HER WILL”"
Let us say that A was walking. Here comes B. B The offender has carnal knowledge of a woman against her
used a lead pipe, he went to A and hit the head of A with a will and it is committed by using force, threat, or
A boxed B, A lost another tooth. 3. He had no intent to kill
lead pipe. Thereafter, he ran away. The medical certificate intimidation. When the offended party is deprived of reason
showed that the head of A did not sustain any injury. He or otherwise unconscious.
was charged with wttempted homicide. Supreme Court said,

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according to him, it is impossible for him to have raped her
Q: What if the woman was sleeping when a man had a because we are sweet lovers. Will said sweetheart defense ELEMENTS: A: Reclusion Perpetua to Death:
carnal knowledge of the said woman. Is it rape by carnal theory lie in his favor? 1. Offender commits an act of sexual assault 1. When rape is committed with the use of a
knowledge? 2. The act of sexual assault is committed by any of deadly weapon
A: Supreme Court said, in case of “sweetheart the following means 2. When rape is committed by two or more
A: Yes. The Supreme Court said that the woman defense theory”, for it to lie, mere oral a. By inserting his penis into another person’s persons
who is sleeping is unconscious. testimonty will not suffice. There must be mouth or anal orifice, or 3. When by reason or on occasion of rape,
documentary evidence, memorabilia, picture, b. By inserting any instrument or object into the victim becomes insane
Q: What if the woman is half asleep when the carnal love letters, etc. which would show that indeed the genital or anal orifice of another person 4. When rape is attempted and homicide is
knowledge was done by the said man? Is it still rape? they are sweethearts – boyfriend & girlfriend or 3. The act of sexual assault is accomplished under committed
lovers. But mind you, even the Supreme Court any of the following circumstances:
said this, there was not a case wherein the a. By using force or intimidation Q: What are the instances wherein the penalty to be
A: Yes, said by the Supreme Court. The woman “sweetheart defense theory” has acquitted a b. When the woman is deprived of reason or
was unconscious. imposed is the capital punishment of death, so the extreme
man. otherwise unconscious, or penalty of death?
c. By means of fraudulent machination or
THIRD: Therefore, under any all circumstances which involves the grave abused of authority
1. When by reason or on the occasion of rape,
“sweetheart defense theory” will not lie in favor of a man. d. When the woman is under 12 years of age
homicide is committed
A is 11 years old. He is cohabiting with a man who is 20 Because it does not mean that when you are the or demented
2. When the victim is under 18 years of age and
years old. They are luvingtgether as if they are husband and sweetheart, you can no longer rape the other person. the offender is a parent, ascendant, step-parent,
wife. Of course, they had carnal knowledge. The man is *So what if what has been inserted is the penis inside the guardian, relative by consanguinity or affinity
liable for STATUTORY RAPE. The number of times that he In Book I, there is no such thing as FRUSTRATED RAPE. mouth or the anal orifice, before that would only amount to within the 3rd civil degree, or the common law
had carnal knowledge of the said woman, that is the number acts of lasciviousness - before the passage of RA 8353.
Rape admits only 2 stages: ATTEMPTED RAPE and spouse of the victim
of the counts of rape. So if he had carnal knowledge of the
CONSUMMATED RAPE. 3. When the victim is under the custody of the
woman 5 times during the time that they were together – 5 *The law says that it must be an instrument or object which police or military authorities or any penal
counts of statutory rape. That is because the child, the was inserted in the genitalia or in the anal orifice of another institution
victim, is below 12 years of age. Insofar as criminal law is The reason is that a mere touch of an erected penis on the
labia or lips of a woman’s genitalia will already consummate person. 4. When the rape is committed in full view of the
concerned, she does not have a mind of her own, she
rape. spouse, the parent, any of the children of the
cannot give a valid consent.
Q: What if it was the finger which was inserted in the relative by consanguinity within the 3rd civil
genitalia of a person? Is it acts of lasciviousness or rape by degree
Q: What if, so the law requires that the said act of carnal It is not necessary that there be deep or complete
sexual assault? 5. When the victim is a religious and gauged in
knowledge must be with the use of force, threat, or penetration. It is not necessary that the vagina did
legitimate religious calling or vocation and he
intimidation, a father raped his daughter. The daughter did lacerated. Mere touch of the lips or the labia of a woman’s
known to be such by the offender before or
not put up a fight, the father did not use force, threat, or genitalia already consummates rape. A: Supreme Court said it is RAPE BY SEXUAL
during the commission of the rape
intimidation in the said carnal knowledge of a daughter. Is ASSAULT. According to the Supreme Court, it
6. When the victim of the rape is below 7 years of
the crime committed rape? Q: What if, what the erectile penis has touched was the would be so weird if what has been inserted is
outer portion of genitalia, that portion which became hairy an instrument or object, it would be rape by
7. When the said offender knows that he has been
during puberty, you have to distinguish whether it is acts of sexual assault, but if it was finger, it would be
A: Yes. The crime committed is rape. It is afflicted with HIV virus or AIDS or any other
lasciviousness or attempted rape. rape by acts of lasciviousness. The finger is
INCESTUOUS RAPE. In case of incestuous rape, sexually transmissible disease and the virus of
within the mean of an instrument or object
it is the overpowering and overbearing moral the disease is transmitted to the victim
insofar as rape by sexual assault is concerned.
influence or moral ascendency of an ascendant A: 8. When the said offender is a member of the AFP
over a descendant which takes place of force, CASE: PEOPLE VS JALOSJOS or parliamentary units, the PNP or any other
threat, or intimidation. That is why in case of Q: In case of RAPE, what are the circumstances which will member of the law enforcement agency who
inceuous rape, force, threat, or intimidation is qualify the penalty? took advantage of his position in order to
If when an erectile penis has touched the outer
not indispensable; it is not necessary. Because it portion of a woman’s genitalia which becomes facilitate the commission of the crime
is the overpowering and overbearing moral hairy during puberty, if the intention of the said A: In case of RAPE BY SEXUAL ASSAULT, the 9. By reason or on the occasion of rape, the said
influence or moral ascendency which a father offender is to lie, to have carnal knowledge penalty is only PRISION MAYOR.