Title One: Crimes against National Security, and Crimes against the Law of Nations a.
a. There must be an actual assembling of men
Crimes against National Security
Article 114: Treason
Article 115: Conspiracy and Proposal to Commit Treason
Article 116: Misprision of Treason
Article 117: Espionage
Crimes against the Law of Nations (Crimes against Humanity)
Article 118: Inciting to War or Giving Motives for Reprisals
Article 119: Violation of Neutrality
Article 120: Correspondence with Hostile Country
Article 121: Flight to Enemy’s Country
Article 122: Piracy in General and Mutiny on the High Seas or in Philippine Waters
Article 123: Qualified Piracy
Extra-territorial application of the RPC: Article 2(5). “Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who (5) should commit any of the crimes against national security and the
laws of nations, defined in Title one of Book Two of this Code.”
Crimes against national security can only be tried in the Philippines while those against the laws of
nations can be prosecuted wherever the offender is found because the crimes are considered
crimes against humanity.
General Rule: Most of these are committed in times in war.
Exceptions: The following can be committed in times of peace:
(1) Espionage (Art 117) – This is also covered by Commonwealth Act No. 616 which punishes
conspiracy to commit espionage.
(2) Inciting to War or Giving Motives for Reprisals (Art 118) – This can be committed even if the
Philippines is not a party to an on-going war.
Crimes against National Security
Article 114: Treason
Penalty:
If Filipino citizen – reclusion perpetua to death and a fine not exceeding P100k;
if resident alien – reclusion temporal to death and a fine not exceeding P100k
Treason is a breach of allegiance to a government, by a person who owes allegiance to it.
Allegiance, or the obligation of fidelity and obedience individuals owe to the government under
which they live or to their sovereign, may be permanent (citizen) or temporary (resident alien).
Treason is a war crime; that is, it can only be committed in times of war, not in peace time.
Mode 1: Levying war against the Government
Elements:
1. Offender is a Filipino or a resident alien
2. There is a war in which the Philippines is involved
3. Offender levies war against the Government
b. For the purpose of executing a treasonable design by force.
A formal declaration of the existence of war is not necessary. Actual hostilities may determine the
date of the commencement of war.
The levying of war must be in collaboration with a foreign enemy. If mere civil uprising, it is not
treason but offenders may be liable for rebellion.
Mode 2: Adherence to the Enemy and Giving Aid or Comfort
Elements:
1. Offender is a Filipino or a resident alien
2. There is a war in which the Philippines is involved
3. Offender adheres to the enemies and gives aid or comfort
Adherence and giving aid or comfort must be present. Adherence without giving aid or comfort, and
vice versa, is not treason.
Adherence to the enemy means intent to betray. It is a state of mind.
Giving aid or comfort means an overt act which (1) strengthens or intends to strengthen the enemy
in the conduct of war against own country, and (2) an overt act which weakens or tends to weaken
the power of the traitor’s country to resist or to attack the enemy.
Extent of aid and comfort given to enemies must be to render assistance to them as enemies and
not merely as individuals and be directly in furtherance of the enemies hostile designs.
Acceptance of public office and discharge of official duties under enemy do not constitute per se the
felony of treason, unless positions were highly responsible and policy-determining.
There is no treason through negligence. The overt act of giving aid or comfort must be intentional.
When the killings and other common crimes are charged as overt acts of treason, they cannot be
regarded (1) as separate crimes; or (2) as complexed with treason.
Exception: Ma’am said: If the crimes are unrelated to the treasonous design, then they may be
regarded as separate crimes.
Treason by Filipino can be committed outside the Philippines while treason by a resident alien must
be committed in the Philippines.
Treason is a continuous offense—it may be committed by one single act, by a series of acts, or by
several series thereof.
Treason cannot be proved by circumstantial evidence or by extrajudicial confession of the accused.
Ma’am said: Direct evidence = testimony of eye-witness
Circumstantial evidence = making inferences on surrounding circumstances
Ways of Proving Treason: A person may be convicted of treason on any of the ff:
1. Two witness rule: Testimony of at least two witnesses to the same overt act (same act, place and
movement)
(1) required to prove the overt act of giving aid or comfort
(2) not necessary to prove adherence*
*Adherence may be proved:
(1) by one witness
(2) from the nature of act itself
(3) from the circumstances surrounding the act
2. Confession of accused in open court (Art 114, par 2)/ a judicial confession
Aggravating Circumstances: Cruelty and Ignominy
**Evident premeditation, superior strength and treachery are inherent in treason; thus, not
aggravating
Cases
PEOPLE V. PEREZ (GR L-856 April 18, 1949)
FACTS:
Susano Perez was convicted of treason and was sentenced to death by electrocution in the people’s
court in Cebu city. The trial court found the accused, together with the other Filipinos, recruited,
apprehended and commandeered numerous girls and women against their will for the purpose of
using them, to satisfy the sexual desire of the Japanese officers (ie Colonel Mini and Dr. Takibayas).
Perez also took the chance to rape some of the girls.
ISSUE: Did the acts of the accused constitute the crime of treason?
RULING:
NO. As a general rule, to be treasonous, the extent of the aid and comfort given to the enemies must
be to render assistance to them as enemies and not merely as individuals and in addition, be directly
in furtherance of the enemies’ hostile designs. Sexual and social relations with the Japanese did not
directly and materially tend to improve their war efforts or to weaken the power of US. Whatever
favorable effect the defendant’s collaboration with the Japanese might have in their prosecution of
the war was trivial, imperceptible, and unintentional. However, the accused may be punished for
the rape as principal by direct participation. Without his coordination in the manner above stated,
these rapes could not have been committed.
Cramer Vs. United States (65 SCt 918)
FACTS:
Anthony Cramer was charged with treason by adhering to the enemies of the US, giving them aid
and comfort by meeting, conferring, treating and counselling with Werner Thiel and Edward John
Kerling, who were enemies of the US, “for the purpose of giving and with intent to give aid and
comfort to said enemy.” By direct testimony of two or more witnesses, it was established that
Cramer met Thiel and Kerling on the occasions and at the places charged; that they drank together,
and that they engaged long and earnestly in conversation. There was no proof by two witnesses of
what they said, or in what language they conversed; no showing that Cramer gave them any
information whatever of value to their mission, or that he had any to give; no showing of any effort
at secrecy, they having met in public places, and no evidence that Cramer furnished them shelter,
sustenance, or supplies, or that he gave them encouragement or counsel, or even paid for their
drinks.
ISSUE: Did Cramer commit treason?
RULING:
Exception: Under Article 115, mere conspiracy or proposal to commit treason is punishable. This is
because, in treason, the very existence of the state is endangered.
The two-witness rule does not apply to conspiracy or proposal because they are distinct offenses.
CASE
US vs Bautista (62 Phil 581)
Facts: A junta was organized by Filipinos in Hong Kong. They conspired to overthrow the
Government of the US in the Philippines by force of arms and establishing Republica Universal
Democratica Filipina. Prim Ruiz was to be the titular head and Artemio Ricarte was to be the chief
of military forces. Ricarte came to Manila and met with others to perfect the conspiracy hatched in
Hong Kong. An enlistment of an army was made. Bautista took part in some of the meetings wherein
he assured Ricarte that the necessary preparation had been made and that he held the people in
readiness.
Issue: Is Bautista guilty of conspiracy to commit treason?
Ruling: Yes. The fact that one accused of conspiracy to overthrow the government has actually and
voluntarily accepted appointment by the conspirators as an officer of armed forces, raised or to be
raised for the furtherance of the designs of the conspirators, may be taken into consideration as
evidence of the criminal connection of the accused with the conspiracy.
Article 116: Misprision of Treason
Penalty: Punished as an accessory to the crime of treason; two degrees lower than that provided for
treason.
Elements:
1. Offender is a citizen. (NOT a resident alien or foreigner!)
2. He has knowledge of conspiracy to commit treason against the government
3. He conceals or does not disclose and make known the same as soon as possible to the governor
or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides
Art 116 speaks of knowledge of conspiracy, not knowledge of treason actually committed.
Offender, while punished as an accessory to treason, is the principal in misprision of treason.
Article 20 does not apply because, as Ma’am said: national security is greater than blood
relationship.
Art 116 is an exception to the rule laid down by Art 19 that mere silence does not make a person
criminally liable.
Article 117: Espionage
Penalty: prision correcional; penalty next higher in degree if public officer or employee
Mode 1: Entering of establishment to obtain confidential information regarding defense of the
Philippines
Elements:
1. That the offender enters a warship, fort, or naval or military establishment or reservation;
2. That he has no authority therefor;
3. That his purpose is to obtain information, plans, photographs or other data of a confidential
nature relative to the defense of the Philippines.
Mode 1 may be committed by any person
Intention to obtain information, etc. is necessary but it is not necessary that information, etc. is
obtained.
Mode 2: Disclosing by public officer of confidential information to a foreign representative
Elements:
1. That the offender is a public officer;
2. That he has in his possession the articles, data or information of a confidential nature relative to
the defense of the Philippines, by reason of the public office he holds;
3. That he discloses their contents to a representative of a foreign nation.
Espionage vs Treason
Espionage may be committed in time of war or peace, in many ways (e.g. Commonwealth Act No.
616)
Treason may be committed only in time of war, and limited only in two ways—by levying war
against the gov’t, or adherence and giving aid or comfort to the enemy
Crimes against the Law of Nations
Article 118: Inciting to War or Giving Motives for Reprisals
Penalty: reclusion temporal if public officer or employee; prision mayor if private individual
Elements:
1. Offender performs unlawful or unauthorized acts
2. Such acts
a. provoke or give occasion for a war involving or liable to involve the Philippines; or
b. expose Filipino citizens to reprisals on their persons or property
i. Even if it contains innocent matters, if it has been prohibited by the Government, it is punishable,
because some information useful to the enemy might be revealed unwittingly.
b. Carried on in ciphers or conventional signs**, (prision mayor);
c. Containing notice or information which might be useful to the enemy** (reclusion temporal)
** Prohibition by the Government is not essential
Correspondence - communication by means of letters which pass between those who have friendly
or business relations.
Circumstances qualifying the offense: The following must concur together.
1. The notice or information might be useful to the enemy, and
2. The offender intended to aid the enemy (crime amounts to treason, thus penalty is the same as
treason: reclusion temporal to death)
Article 121: Flight to Enemy’s Country
Penalty: arresto mayor
Elements:
1. There is a war in which the Philippines is involved.
2. Offender owes allegiance to the government – may be committed by a citizen or resident alien
3. Offender attempts to flee or go to enemy country.
4. Going to the enemy country is prohibited by competent authority.
An alien resident may be guilty of this crime. Albeit temporary, an alien owes allegiance to the
Philippine Government.
Mere attempt to flee or go to enemy country consummates the crime

Intention of the offender is immaterial. The law considers the effects produced by the acts. Article 122: Piracy in General and Mutiny on the High Seas or in Philippine Waters
Penalty: reclusion perpetua; if terrorism – 40 years imprisonment without benefit of parole
Crime is committed in time of peace. Two modes of committing piracy:
Examples: 1. By attacking or seizing a vessel on the high seas or in Philippine waters;
Raising, without sufficient authorization, of troops within the Philippines for the service of a 2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo,
foreign nation against another nation its equipment or personal belongings of its complement or passengers.
Public destruction of the flag or seal of a foreign state or the public manifestations of hostility to
the head or ambassador of another state. Elements of piracy:
1. The vessel is on the high seas or Philippine waters
Article 119: Violation of Neutrality 2. Offender are not members of its complement nor passengers of the vessel
Penalty: prision correcional 3. Offenders either:
Elements: a. Attack or seize that vessel; or
1. There is a war in which the Philippines is not involved. b. Seize the whole or part of its cargo, its equipment or personal belongings of its complement or
2. There must be a regulation issued by a competent authority to enforce neutrality. passengers
3. Offender violates such regulation. 4. There is intent to gain.

Neutrality - taking no part in a contest of arms going on between other countries. Piracy - it is robbery or forcible depredation on the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of universal hostility.
Article 120: Correspondence with Hostile Country Piracy is a crime not against any particular state but against all mankind. It may be punished in the
Elements: competent tribunal of any country where the offender may be found or into which he may be
1. In time of war involving the Philippines carried.
2. Offender makes correspondence with an enemy country or territory occupied by enemy troops Mutiny - the unlawful resistance to a superior, or the raising of commotions and disturbances on
3. Correspondence is either: board a ship against the authority of its commander.
a. Prohibited by the government (penalty: prision correccional);
Mutiny is usually committed by the members of the complement and may be committed by the
passengers of the vessel.
Intent to gain is not essential.
High Seas - parts of the sea that are not included in the exclusive economic zone, in the territorial
seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state.
Philippine Waters – shall refer to all bodies of water, such as but not limited to seas, gulfs, bays,
around, between and connecting each of the islands of the Philippine Archipelago, irrespective of
its depth, breadth, length or dimension, and all waters belonging to the Philippines by historic or
legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty and jurisdiction.
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet piracy will be considered as an accomplice in the
commission of piracy. This is penalized as a crime distinct from Piracy.
Elements:
1. Knowingly aids or protects pirates.
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit
therefrom.
3. Directly or indirectly abets the commission of piracy.
Article 123: Qualified Piracy
Penalty: reclusion perpetua to death
Elements:
1. The vessel is on the high seas or Philippine waters.
2. Offenders may or may not be members of its complement, or passengers of the vessel.
3. Offenders either:
a. Attack or seize the vessel; or
b. Seize the whole or part of its cargo, its equipment or personal belongings of its complement or
passengers.
4. The preceding were committed under any of the following circumstances:
a. Whenever they have seized a vessel by boarding or firing upon the same.
b. Whenever the pirates have abandoned their victims without means of saving themselves*; or
c. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.*
*Ma’am said: [b and c] also applies to mutineers
Qualified Piracy is a Special Complex Crime punishable by reclusion perpetua to death, regardless of
the numbers of victims.
Offenders are not liable for the separate crimes of murder, homicide, physical injuries, or rape.
Ma’am said: You say “qualified piracy” or “composite crime of piracy and (for example) rape”
Piracy v Mutiny
Piracy – offenders are strangers to vessels, with intent to gain
Mutiny – offenders are members of crew/ passengers of vessel; intent to gain inessential,
offenders may only intend to ignore the ship’s officers
PD 532 v Article 122 on Piracy
No contradiction between the two laws.
PD 532 – any person

Article 122 – persons who are not passengers or members
When Piracy is considered Terrorism
When offender commits [piracy] thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace*, in order to coerce the government to give in to
an unlawful demand shall be guilty of the crime of terrorism.
*Ma’am said: it is undefined whether this is local or national
CASE
People vs Lol-lo (G.R. No. 17958 February 27, 1922)
Facts: A boat with 11 men, women, and children, subjects of the Netherlands, arrived in the Dutch
East Indies. There, the boat was surrounded by six vintas manned by armed Moros who asked for
food, but once on the boat, took the cargo, attacked some of the men, and raped two of the women.
Except for the two women raped, the 9 others were returned to the boat, and holes were made in
it. Lol-lo and Saraw, 2 of the Moros, returned to their home in Sulu, Philippines where they were
arrested and charged with the crime of Piracy.
Issue: Should Lol-lo and Saraw be tried under Philippine jurisdiction, considering that the felony was
committed in the territorial sea of the Netherlands?
Ruling: Yes. Piracy is a crime not against any particular state but against all mankind. It may be
punished in the competent tribunal of any country where the offender may be found or into which
he may be carried. It has no territorial limits. As it is against all so may it be punished by all. It does
not matter that the crime was committed within the Netherlands because those neutral limits are
not neutral to crime.
Republic Act No. 6235 or the Anti-Hijacking Law
Meaning of “aircraft is in flight” – from the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.
Acts Punished:
1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling
the pilots thereof to change its course or destination.
a. When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion
or threat. When death results, the crime is homicide or murder, as the case may be.
2. Usurping or seizing of an aircraft of foreign registry, while within Philippine territory, or
compelling the
pilots thereof to land in any part of the Philippine territory.
a. Aggravating Circumstances to acts punished under 1 and 2:
i. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft.
ii. When the offender has exploded or attempted to explode any bomb or explosive to destroy the
aircraft.
iii. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the
Philippines flammable, corrosive, explosive or poisonous substances.
4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the
Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules
and regulations of the Air Transportation Office.
Ma’am’s Quiz  i. Commission of a crime
The accused hijacked a PAL airplane and at gunpoint ordered the pilot to fly to Indonesia instead of ii. Violent insanity or any other ailment requiring compulsory confinement in a hospital
Davao, which was the plane’s destination. The pilot refused and so the accused shot him to death. In
time, the accused was overpowered by the crew and the co-pilot was able to fly the plane safely to A public officer is deemed such when he is acting within the bounds of his official duty. If he acts
Davao. What crime or crimes did the accused commit? outside the bounds of his duties, he is considered to be acting in his private capacity (so he may be
Accused committed hijacking, penalized by RA 6235 because liable not under Article 124 but Article 267/268 for illegal detention).
o He compelled pilot of a PH-registered aircraft to change destination (to Indonesia instead of If offender is a private individual, he is liable under Article 267 or 268, UNLESS he conspired with
Davao) public officers (then he is liable for arbitrary detention).
o While in flight
Penalty is imprisonment of 15 years to death, or a fine of 20k- 50k bc: Detention – actual confinement of a person in an enclosure, or in any manner detaining and
o He fired upon the pilot depriving him of his liberty; a person detained has restraint upon his person
o The crime was accompanied by murder/ homicide :)
General rule: A (properly issued) warrant of arrest is needed. No warrant, no arrest. If an arrest is
made, there is arbitrary detention (or illegal detention, if private individual).
Title II. Crimes against the Fundamental Laws of the State
Arbitrary Detention Exceptions: Section 5, Rule 113, Revised Rules of Criminal: Arrest without a warrant – When lawful
Article 124: Arbitrary Detention A peace officer or a private person may, without a warrant arrest a person:
Article 125: Delay in the delivery of detained persons to proper judicial authorities (a) When in his presence, the person to be arrested committed, is actually committing, or is
Article 126: Delaying release attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has probable cause to believe based
Expulsion on personal knowledge of facts and circumstances that the person to be arrested committed it; and
Article 127: Expulsion (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
Violation of Domicile escaped while being transferred from one confinement to another.
Article 128: Violation of domicile
Article 129: Search warrants obtained and abuse in the service of those legally obtained Ma’am said: Warrantless arrest can be made if the person is caught (1) in flagrante delicto – caught
Article 130: Searching domicile without witnesses in the act; (2) hot pursuit; or (3) if he is an escaping prisoner.
“Personal knowledge of facts” in warrantless arrests must be based upon probable cause, which
Prohibition, interruption, and dissolution of peaceful meetings means an actual belief or reasonable grounds for suspicion.
Article 131: Prohibition, interruption, and dissolution of peaceful meetings
Probable cause – such facts and circumstances which could lead a reasonable discreet and prudent
Crimes against Religious Worship man to believe that an offense has been committed and that the object sought in connection with
Article 132: Interruption of religious worship the offense are in the place sought to be searched. It may be within the personal knowledge of the
Article 133: Offending the religious feelings complainant or the witnesses he may produce and not based on mere hearsay. Example: prior
conduct of surveillance or buy-bust operations.
They are called crimes against the fundamental laws of the State because they violate certain
provisions of the Bill of Rights, i.e., Section 1 (Articles 124-26), Section 6 (Article 127), Section 2 Note: offender of arbitrary detention – public officer; illegal detention – private person
(Articles 128-30), Section 4 (Article 131), and Section 5 (Articles 132-33). Arbitrary detention can be committed through imprudence.

Arbitrary Detention
Article 124: Arbitrary Detention
Penalty: arresto mayor max to prision correccional min (if detention has not exceeded 3 days);
prision correccional med and max (if more than 3 but less than 15 days); prision mayor (more than
15 but less than 6 months), reclusion temporal (if more than 6 months)
Elements:
1. Offender is a public officer or employee
2. He detains a person
3. Detention has no legal ground
a. Legal grounds for detention
Article 125: Delay in the delivery of detained persons to proper judicial authorities
Elements:
1. Offender is a public officer or employee
2. He detains a person for some legal ground
3. He fails to deliver such person to the proper judicial authorities within
a. 12 hours – light penalties
b. 18 hours – correctional
c. 36 hours – afflictive or capital
If offender is a private person, the crime is illegal detention.
This article applies only with a lawful warrantless arrest. If the arrest was made with a warrant, this
article does not apply, and the person arrested can be detained indefinitely until his case is decided
by the court or he posts a bail.
Delivery – filing correct information with the proper court (or constructive delivery – turning over
person arrested to the jurisdiction of the court). The purpose is to determine whether the offense
is bailable or not.
The periods stated are counted only when the prosecutor’s office is ready to receive the complaint
or information. Nighttime is not included.
Illegality of detention is not cured by filing of information in court.
Note: failure to deliver means failure to file information against an arrested person.
Rights of persons detained (Article 125, par 2)
To be informed of the cause of his detention
To be allowed, upon his request, to communicate and confer at any time with his counsel.
Public officer or employee is liable for preventing the exercise of the right to attorneys visit and
confer with persons arrested. Penalty is arresto mayor. (RA No. 857)
Waiver of provision of Article 125
In cases falling under (a) and (b) of Section 5, Rule 113, the person arrested without a warrant shall
be delivered to the nearest police station or jail, and shall be proceeded against in accordance with
Section 7, Rule112 which provides:
“When a person is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, the complaint or information may be filed by a prosecutor without need
of such investigation provided an inquest has been conducted in accordance with existing Rules. In
absence or availability of an inquest prosecutor, the complaint may be filed by the offended party
or a peace officer with the proper court on the basis of the affidavit of the offended party or arresting
officer or person.”
Ma’am said: Within the 12-18-36 period, the prosecutor must conduct an inquest proceeding. The
fiscal then files the information in court. If a person asks for a preliminary investigation, he waives
his rights under to Article 125 and he will be detained.
Detention under RA 9372
Period is 3 days counted from moment charged or suspected person (of terrorism or conspiracy
to commit terrorism) has been apprehended or arrested, detained, and taken into custody by police,
law enforcement personnel, without said personnel incurring criminal liability for delay in delivery.
Judge must be notified before suspected terrorist is detained
o Any judge at the latter’s residence or office nearest the arrest at any time of day or night
o Penalty: 10 years, 1 day to 12 years imprisonment
Period of detention in event of actual or imminent terrorist attack: not more than 3 days without
written approval of a municipal, city, provincial or regional office of a Human Rights
Commission or judge of the municipal, RTC, Sandiganbayan, Justice of CA nearest the arrest.
o If arrest made on Saturdays, Sundays, holidays, or after office hours, arresting personnel brings
arrested person to residence of abovementioned officers.
o Approval in writing must be secured within 5 days after date of detention
o Within 3 days after detention, suspects connection with terror attack/threats is not established,
they will be released immediately
o Penalty for failure to deliver within 3 days: 10 years, 1 day to 12 years imprisonment
Case: People vs Ng Yik Bun
Facts: Police operatives, after receiving information of possible contraband shipment, proceeded to
observe the on-goings of the resort. They spotted chinese-looking men loading bags containing a
white substance into a white van. When the operatives were noticed, they identified themselves
and asked accused Hwan what they were loading on the van. He replied that it was shabu and
pointed to accused Tan as the leader. Subsequently, they were arrested and bags of suspected shabu
were then confiscated. Accused contend that an illegal search was conducted and that the seizure
of any evidence is inadmissible to court.
Issue: Whether there was a valid warrantless search.
Ruling: An exception to warrantless arrest, search and seizure is that if the arrest made during the
commission of a crime. Such warrantless arrest is considered reasonable and valid under Rule 113,
Sec 5(a) of Revised Rules on Criminal Procedure:
Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant,
arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense
The foregoing proviso refers to arrest in flagrante delicto. In the instant case, contrary to accused-
appellants’ contention, there was indeed a valid warrantless arrest in flagrante delicto.
Article 126: Delaying release
Penalty: same in 124
Elements:
1. Offender is a public officer or employee
2. There is a:
a. Judicial or executive order to release a prisoner; OR
b. There is a proceeding upon petition for the liberation of such person.
3. Offender, without good reason, delays
a. performance of a judicial or executive order for release of a prisoner
b. the service of notice of such order to said prisoner
c. the proceedings upon any petition for the liberation of such person.
Wardens and jailers are the usual offenders of this Article.
Note: All notices – the accused must be furnished with a copy
Expulsion Consented warrantless searches
Article 127: Expulsion
Penalty: prision correccional Article 129: Search warrants obtained and abuse in the service of those legally obtained
Elements: Penalty: In addition to liability from commission of any other offense (e.g. perjury), arresto mayor
1. Offender is a public officer max to prision correccional min AND a fine not exceeding 1k
2. He either Acts punishable:
a. Expels any person from the Philippines 1. Procuring a search warrant without just cause
b. Compels a person to change his residence 2. Exceeding authority or by using necessary severity in executing search warrant legally procured
3. He is not authorized to do so by law
Ma’am said: This presupposes that there is a search warrant – either maliciously obtained, or legally
Only a court by final judgement can order a person to change his residence. This is illustrated in procured.
ejectment proceedings, expropriation proceedings, and destierro.
Exception: President – deportation; Court – Destierro, expropriation Mode 1: Procuring a search warrant without just cause
Elements:
Violation of Domicile 1. Offender is a public officer or employee
Article 128: Violation of domicile 2. He procures a search warrant
Penalty: prision correccional minimum; if nighttime, or if effects not constituting evidence not 3. There is no just cause
returned after search—prision correccional medium and max
Elements: Mode 2: Exceeding authority or by using necessary severity in executing search warrant legally
1. Offender is a public officer or employee. procured
2. He is not authorized by judicial order Elements:
a. To enter any dwelling against the will of the owner thereof; or 1. Offender is a public officer or employee
b. To search papers or other effects found therein without the previous consent of such owner; or 2. He has legally procured a search warrant
c. He refuses to leave premises after having surreptitiously entered said dwelling and afer having 3. He exceeds his authority or uses unnecessary severity in executing the same
been required to leave the same
Search warrant – an order in writing issued in the name of the People of the Philippines, signed by
Ma’am said: This does not presuppose the existence of a search warrant. Pwede naa, pwede wala in a judge and directed to a peace officer, commanding him to search for personal property described
case of lawful warrantless searches. therein and bring it before the court.

If offender is a private individual, he is liable under Article 280 – trespass to dwelling.
Opposition or prohibition by owner of dwelling may be expressed or implied.
Officer has right to break into building or enclosure to make an arrest, by virtue of a warrant (or if
case falls within a lawful warrantless arrest), where the person to be arrested is or is reasonably
believed to be, if officer is refused admittance thereto, after announcing his authority and purpose
(Sec 11, Rule 113, RRPC).
A peace officer without a search warrant cannot lawfully enter the dwelling against the will of
owner, even if he knew that someone in the dwelling is having unlawful possession of opium. NO
AMOUNT OF INCRIMINATING EVIDENCE, WHATEVER ITS SOURCE, WILL SUPPLY THE PLACE OF A
SEARCH WARRANT.
Silence of owner of dwelling before and during the search, without a search warrant, by a public
officer, may show implied waiver.
Requisites for issuance: Upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the Philippines.
Validity of warrant: 10 days
Property to be seized:
Subject of the offense;
Stolen or embezzled and other proceeds or fruits of the offense; or
Used or intended to be used as means of committing an offense
Officer seizing property under the warrant must give a detailed receipt for the same to the lawful
occupant of the premises, or leave a receipt in place where property was found (in presence of
witnesses)

Exceptions to warrant requirements: Witnesses:

Search incidental to a lawful arrest 1. Lawful occupant or any member of his family
Search of moving vehicles 2. Or in the absence of the latter, TWO WITNESSES of sufficient age and residing in the same locality
Evidence in plain view
Stop and frisk Evidence obtained in violation of Section 2 and 3 of Article III, Consti, are “fruits of a poisonous tree”
Customs searches and are thus inadmissible
Article 130: Searching domicile without witnesses Religious Ceremony – religious acts performed outside of a church
Penalty: arresto mayor med and max
Elements: Ma’am said: Quasi-religious ceremonies like commemoration of death are not religious ceremonies.
1. Offender is a public officer or employee Acts must be directed against religious practices or dogma or ritual for the purpose of ridicule or
2. Armed with a legally procured search warrant attempting to damage an object of religious veneration.
3. Searches domicile, papers, or other belonging of any person There must be intent to hurt the feelings of the faithful.
4. No witness present
a. owner, or any member of his family; Ma’am, said: The act must be offensive from the point of view of any religion, otherwise, it is unjust
b. two witnesses residing in the same locality vexation.

Ma’am said: Normally they used elected officials like the barangay captain. Article 134. Rebellion or insurrection
Article 130 does not apply to searchers of vehicles or other means of transportation, because Elements:
searches are not made in the dwelling. (Ma’am: unless of course you live in your car. Take note, (1) That there be a public uprising and taking arms against the government;
dwelling.) (2) That the purpose of the uprising or movement is:
A. To remove from the allegiance to the government or its laws: (1) the Philippine territory or any
Prohibition, interruption, and dissolution of peaceful meetings part thereof, (2) or any body of land, naval, or other armed forces; or
Article 131: Prohibition, interruption, and dissolution of peaceful meetings B. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
Penalty: prision correccional min prerogatives
Elements: Rebellion is . . .
1. Offender is a public officer or employee A crime of masses, of a multitude
2. He performs any of the ff: A vast movement of men and a complex net of intrigues
a. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by A crime against public order
dissolving the same;
b. Hindering any person from joining any lawful association or from attending any of its meetings; REBELLION
c. Prohibiting or hindering any person from addressing, either alone or together with others, any
The object of the movement is completely to overthrow and supersede the existing
petition to the authorities for the correction of abuses or redress of grievances
government
If offender is a private individual, crime is disturbance of public order under Article 153.
Right to peaceful meeting not absolute and may be regulated; is subject to police power of the State. INSURRECTION
Offender must be a stranger, not a member/ participant, in the peaceful meeting. More commonly employed in reference to a movement which seeks merely to effect some
Note: Reasonable ground that the danger apprehended is imminent and that the evil to be change of minor importance, or to prevent the exercise of governmental authority with
prevented is a serious one. respect to particular matters or subject

Crimes against Religious Worship

Article 132: Interruption of religious worship REMEMBER:
Penalty: prision correccional min; prision correccional med and max if with violence or threats
There is no complex crime of rebellion with murder and other common crimes. Acts
Elements:
committed in furtherance of rebellion though crimes in themselves are deemed absorbed
1. Offender is a public officer or employee
2. Religious ceremonies or manifestations of any religion are about to take place in one single crime of rebellion. [Enrile vs. Amin (1990)]
3. Offender prevents or disturbs Purpose of uprising must be shown
Actual clash of arms with the forces of the Government, not necessary to convict the
accused who is in conspiracy with others actually taking arms against the Government. “…
Article 133: Offending the religious feelings Thus, the mere fact that the accused knowingly identified himself with the Huk
Penalty: arresto mayor max to prision correccional min organization that was openly fighting to overthrow the Government was enough to make
Elments: him guilty of the crime of rebellion.”
1. Acts complained of were performed:
Giving aid and comfort is NOT criminal in rebellion
a. Ina place devoted to religious worship; OR
It is not necessary that the purpose of the rebellion be accomplished
b. During celebration of any religious ceremony
2. Acts are notoriously offensive to the feelings of the faithful No crime of misprision of rebellion
Rebellion is not covered by Art. 2 on extraterritorial jurisdiction
Rebellion is considered as Terrorism (Republic Act No. 9372 or “Human Security Act
of 2007”)
Prosecution under RA 9372 shall be a bar to another prosecution under the RPC or
any SPL. “…xxx… The acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is necessarily included in the offense
charged under this Act. (Sec 49)”
[Ma’am: “Remember (RA 10591 Sec 29 2nd par)”]
Section 29. Use of Loose Firearm in the Commission of a Crime ... xxx …
If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’
etat.
Cases:
Enrile vs Salazar
G.R. No. 92163, June 5, 1990
Facts:
Sen. Enrile was arrested through a warrant issued by Judge Salazar. Enrile and others were
charged with the crime of rebellion with murder and multiple frustrated murder,
committed during the period of failed coup attempt. He was taken and held overnight at
the NBI headquarters. Next day, he was brought to Camp Karingal in Quezon City and on
the same day, Enrile, through counsel, filed a petition for habeas corpus, alleging that he
was deprived of his constitutional rights.
Issue:
Whether or not complex crime is present in this case?
Held:
No. There is no complex crime on rebellion with murder, arson, robbery, or other common
crimes. Such common offenses are absorbed or inherent in the crime of rebellion.
Hernandez doctrine prohibits complexing of rebellion with any other offense committed
on the occasion thereof, either as a means necessary to its commission or as an
unintended effect of an activity that constitutes rebellion.
People vs Hernandez
G.R. Nos. L-6025-26. July 18, 1956
Facts:
Amado Hernandez et al were charged Rebellion with Multiple Murder, Arsons and
Robberies. He is a member of the Communist Party of the Philippines and held the position
of President of the Congress of Labor Organizations an active agency, organ, and
instrumentality of the Communist Party of the Philippines (P.K.P.) and had close
connections with the Secretariat of the Communist Party. Evidence was also received by
the court that Hernandez made various speeches encouraging the people to join in the
Huk movement in the provinces, the "Hukbalahaps" (HUKS), being the armed forces of
said Communist Party of the Philippines.
The ‘Hukbalahaps’ have risen publicly and taken arms commit the crime of rebellion and
in furtherance thereof, committed acts of murder, pillage, looting, plunder, arson, and
planned destruction of private and public property to create and spread chaos, disorder,
terror, and fear so as to facilitate the accomplishment of the aforesaid purpose.
Issue:
Can the crime of rebellion be complexed with murder and other common crimes?
Ruling:
No. It is evident to us that the policy of our statutes on rebellion is to consider all acts
committed in furtherance thereof — as specified in Articles 134 and 135 of the Revised:
Penal Code — as constituting only one crime, punishable with one single penalty —
namely, that prescribed in said Article 135. Inasmuch as the acts specified in said Article
135 constitute, we repeat, one single crime, it follows necessarily that said acts offer no
occasion for the application of Article 48, which requires therefor the commission of, at
least, two crimes. Hence, this court has never in the past, convicted any person of the
“complex crime of rebellion with murder”. (Needless to say, a mere participant in the
rebellion, who is not a public officer, should not be placed at a more disadvantageous
position than the promoters, maintainers or leaders of the movement, or the public
officers who join the same, insofar as the application of Article 48 is concerned.)
Article 134-A. Coup d'etat
Elements:
(1) Offender is a person or persons belonging to the military or police or holding any public
office or employment;
(2) It is committed by means of a swift attack accompanied by violence, intimidation,
threat, strategy or stealth;
(3) The attack is directed against the duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communication networks, public utilities
or other facilities needed for the exercise and continued possession of power;
(4) The purpose of the attack is to seize or diminish state power
Persons who may commit coup d’etat:
(1) It may be committed singly or collectively.
(2) Requires as a principal offender a member of the AFP, PNP, or a public officer with or
without civilian support
The crime of coup d’etat may be committed with or without civilian participation.
Can be considered as Terrorism
Article 135. Penalty for rebellion, insurrection or coup d'etat.
If under the command of unknown leaders, any person who directed the
others, spoke for them, signed receipts and other documents issued in their name
on behalf of the rebels shall be deemed a leader.
NOTE:
It is not a defense in rebellion that the accused never took the oath of
allegiance to, or that they never recognized the Government. [US vs. del Rosario]
 PENALTY: Prision Correccional in its minimum period
Mere silence or omission is not punishable in rebellion. [US vs. Ravidas]
Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection.
Mode 1: Conspiracy to commit coup d’état, rebellion or insurrection
Elements:
(1) Two or more persons come to an agreement to swiftly attack or to rise publicly and
take arms against the Government for any of the purposes of rebellion or insurrection;
(2) They decide to commit it.
Mode 2: Proposal to commit coup d’état, rebellion or insurrection
Elements:
(1) A person has decided to swiftly attack or to rise publicly and take arms against the
Government for any of the purposes of rebellion or insurrection;
(2) Such person proposes its execution to some other person or persons.
 1. Offenders rise publicly
Organizing a group of soldiers, soliciting membership in, and soliciting funds from the
people for, the organization, show conspiracy to overthrow the Government.
“There is conspiracy to commit rebellion when two or more persons come to an
agreement to rise publicly and take arms against the Government for any of the purposes
of rebellion and decide to commit it.”
“There is proposal to commit rebellion when the person who has decided to rise publicly
and take arms against the Government for any of the purposes of rebellion proposes its
execution to some other person or persons”
Article 137. Disloyalty of public officers or employees.
Elements: [Ma’am: “Please memorize this”]
(1) Offender is a public officer or employee;
(2) Offender commits any of the following acts:
a. Failing to resist a rebellion by all the means in their power;
b. Continuing to discharge the duties of their offices under the control of the rebels
c. Accepting appointment to office under them.
The offender must be a public officer or employee to be liable under this article
There must be actual rebellion to be resisted or, at least, the place is under the control
of the rebels.
The public officer or employee who performs any of the acts of disloyalty must not be
in conspiracy with the officers, otherwise he will be guilty of rebellion, not merely
disloyalty, because in conspiracy the act of one is the act of all.
Article 138. Inciting a rebellion or insurrection.
Elements:
(1) Offender does not take arms or is not in open hostility against the government;
(2) He incites others to the execution of any of the acts of rebellion;
(3) The inciting is done by means of speeches, proclamations, writings, emblems, banners
or other representations tending to the same end.
Rebellion should not be actually committed by the persons to whom it is proposed or
who are incited. Otherwise, they become principals by inducement in the crime of
rebellion, provided that the requisites of RPC Art 17 p2 are present.
PENALTY: Prision Mayor in its minimum period
Article 139. Sedition
Elements:
2. Rising is done tumultuously (The disturbance or interruption that is caused by more
than 3 persons who are armed or provided by means of violence – ART. 153)
3. THAT nos. 1 & 2 are means to attain ANY of the ff:
a. Prevent promulgation or execution of any law, or holding of any popular election
b. Prevent National Govn’t, or any provincial or municipal gov., or any public officer from
free exercise of public functions or administrative order
i. PEOPLE V TAHIL & TARSON
c. Inflict hate of revenge upon the person or property of any public officer or employee
i. PEOPLE V CABRERA 3. By means of speeches, proclamations, writings, emblems, cartoons, banners, other
d. Commit any act of hate or revenge against private persons or any social class representations (SPWECBO)
i. US V LAPUS
e. Despoil any person, municipality, province or National Govn’t of all its property PROVE: Defendant incited people to RISE PUBLICLY and TUMULTUOUSLY, otherwise, it is
not inciting to sedition.
GENERAL SENSE:
- Raising of commotions or disturbances in the State; violating or endangering public peace The law is not aimed merely at ACTUAL DISTURBANCE but ALSO TO PUNISH UTTERANCES
which may ENDAGER PUBLIC ORDER, or those which are conducive to the destruction of
the government itself. Result or success is not necessary.
Case: PEOPLE V UMALI
Held: crime committed was sedition, not rebellion. The purpose of the raid was not exactly WORDS PUNISHABLE WHEN:
against the Government. Raiders did not even attack the Presidencia. The crime was only - Tend to disturb or obstruct any lawful officer
to inflict an act of hate or revenge upon Punzalan, mayor of Tiaong. - Tend to instigate others
- Suggest or incite rebellious conspiracies
NO SEDITION IF: - Tend to stir up the people against lawful authorities
NO PUBLIC UPRISING
NO OBJECT OF SEDITION (no sedition if purpose of attack is unknown) - NOTE: a theatrical play or drama is no exception if it produces these mentioned above.
COMMON CRIMES ARE NOT ABSORBED IN SEDITION (People v Umali, People v Cabrera) KNOWLINGLY CONCELING SUCH EVIL PRACTCES: punished as a principal, even if it is an
act of the accessory.
Article 140. Penalty for Sedition
Leader: prision mayor (min) and fine not exceeding P10,000 TWO RULES RELATIVE TO SEDITIOUS WORDS:
Other persons participating: prision correccional (max) and fine not exceeding P5,000 Clear and Present Danger Rule
- Reasonable ground
Article 141. Conspiracy to commit Sedition - Serious injury to the State
- An agreement and a decision to rise publicly and tumultuously to attain any of the objects - Both clear and imminent
of sedition. - Danger is not only probably but also likely inevitable
- THERE IS NO PROPOSAL TO COMMIT SEDITION (such is not punishable)
The Dangerous Tendency Rule
An agreement and a decision to attain an obeject of sedition without any agreement - Easily produce disaffection against Government and the laws
to rise publicly and tumultuously is not conspiracy to commit sedition but conspiracy to
commit direct assault of the first form.(Art.148)
CRIMES AGAINST POPULAR REPRESENTATION (Articles 143-145)
PENALTY: Prision Correccional in its minimum period and a fine not exceeding 2,000 pesos ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL ASSEMBLY AND
Article 142. Inciting to Sedition SIMILAR BODIES
Different acts: Elements:
1. Means of speeches, proclamations, writings, emblems, et cetera 1. There be a projected or actual meeting
2. Seditious words or speeches which tend to disturb public peace 2. Any person who prevents such meeting by force or fraud
3. Writing, publishing or circulation scurrilous (low, vulgar, mean or foul) libels tending to
disturb public peace ARTICLE 144
DISTURBANCE OF PROCEEDINGS
Elements: Elements:
1. Offender does not take direct part in the crime of sedition 1. There be a meeting of the National Assembly or any similar body
2. Incites others to its accomplishment
2. Offender disturbs such meeting OR behaves while in the presence of such bodies in such ILLEGAL ASSEMBLIES AND ASSOCIATIONS
manner that INTERRUPTS its proceedings or IMPAIRS the respect due it. ARTICLE 146 - ILLEGAL ASSEMBLIES
Requisites:
NOTE: it must be a meeting of a legislative body, or of provincial board or municipal council
or board; unjust vexation (People v Calera) MODE 1
1. There is a meeting, a gathering, or group of persons whether in a fixed place or moving
NOTE 2.0: not among those that may not be prosecuted de oficio. Thus a complaint may
be filed by a member of legislative body. 2. Meeting is attended by armed persons

3. Purpose is to commit any of crimes punishable under the RPC

ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY MODE 2
1. There is a meeting, a gathering or group of persons whether in a fixed place or moving
MODE 1
Elements: 2. Audience, whether armed or not is INCITED to commit the crime of TREASON,
1. Offender (any person) uses force, intimidation, threats or fraud REBELLION OR INSURRECTION, SEDITION OR DIRECT ASSAULT (TRISDA)
2. Purpose is to prevent any member from
NOTE: Persons present during the meeting must be armed, but not necessarily ALL; at
a. Attending the meetings
least 4 (for MODE 1) An unarmed person MERELY PRESENT is liable (MODE 1)
b. Expressing his/her opinions
Persons liable:
c. Casting his vote - ORGANIZERS OR LEADERS

NOTE: not necessary that member is actually prevented; sufficient there is force, - PERSONS MERELY PRESENT
intimidation, threats, frauds, & purpose
An ILLEGAL ASSEMBLY is a felony. Persons present must have common intent to commit
MODE 2 the felony of the illegal assembly.
Elements:
1. Offender is a public officer or employee NOTE: if a person is present out of curiosity, he is not liable.
REMEMBER (Ma’am Bendanillo side comment): in criminal cases, intent is material.
2. He/she arrests or searches any member of the National Assembly
NOTE 2.0: carrying an unlicensed firearm is indicative of unlawful intent
3. AT THAT TIME Assembly is in regular or special session

4. That member arrested or searched has NOT committed a crime with penalty higher
Article 147. Illegal Associations
than prision mayor What are illegal associations?
1. Associations totally or partially organized for the purpose of committing any of the
PARLIAMENTARY IMMUNITY crimes punishable under the code
- Guarantees the legislator complete freedom of expression without fear of being made 2. Associations totally or partially organized for some purpose contrary to public morals
responsible in criminal or civil actions before the courts or any other forum outside the
Congressional Hall, but does not protect him from responsibility before legislative body Who are liable?
for discipline. 1. Founders, directors and president of the association

2. Mere members of the association

Illegal Assembly Illegal Association REMEMBER!!!
The force employed need not be serious when the offended party is a person in
1. There must be an actual 1. Actual meeting not authority
meeting or assembly necessary Intimidation or resistance must be serious whether the offended party is a person
2. What is punished are 2. What is punished is the in authority OR an agent of a person in authority
the meetings and act of forming or There must be an intent to disregard the victim’s rank
attendance therein organizing the association The crime of slight physical injuries is absorbed in direct assault
3. Persons liable: 3. Persons liable:
Organizers or leaders of Founders, directors, Article 149. Indirect Assault
the meeting president Elements:
Persons present The members 1. A person in authority or his agent is the victim of any of the forms of direct assault
defined in Art.148
2. A person comes to the aid of such authority or his agent
PENALTY:
3. Offender makes use of force or intimidation upon such person coming to the aid of
1. For founders, directors, and presidents of associations
the authority or his agent
- Prision Correccional in its minimum & medium periods and a fine not exceeding 1,000
4. INDIRECT ASSAULT CAN ONLY BE COMMITTED WHEN A DIRECT ASSULT IS
COMMITTED
2. Mere members – Arresto mayor
5. WHO IS AN AGENT OF A PERSON IN AUTHORITY?
Article 148.
Direct Assault
Article 150. Disobedience to summons issued by the National Assembly, its
MODE 1 MODE 2 committees or subcommittees, by the Constitutional Commissions, its
Without public uprising, by Without public uprising, by committees, subcommittees or divisions
employing force or attacking, by employing Acts punished as disobedience
intimidation for the force or by seriously
attainment of any of the intimidating or by seriously Mode 1
purposes enumerated in resisting any person in By refusing, without legal excuse, to obey summons of the National Assembly, its
defining the crimes of authority or any of his special or standing committees and subcommittees, the Constitutional commissions
rebellion and sedition agents while engaged in the and its committees, subcommittees or divisions, or by any commission or committee
Tantamount to rebellion or performance of official chairman or member authorize to summon witnesses
sedition, except that there is duties or on occasion of such
no public uprising performance Mode 2
By refusing to be sworn or placed under affirmation while being before such legislative
or constitutional body or official
Assault is qualified when:
1. There is a weapon employed in the attack Mode 3
2. The offender is a public officer By refusing to answer any legal inquiry or to produce any books, papers, documents,
or records in his possession, when required by them to do so in the exercise of their
3. The offender lays hands on a public authority function

Mode 4
By restraining another from attending as a witness in such legislative or constitutional
body
Mode 5
By inducing disobedience to a summons or refusal to be sworn by any such body or Article 152. Persons in authority and agents of persons in authority
official Public officer, persons in authority and agents off persons in authority distinguished:
The testimony of a person summoned must be upon matters into which the Public Officer Persons in Agents of a
legislature has jurisdiction to inquire Authority person in
authority
Article 151. Resistance
and Disobedience to a Any person who Any person Any person who,
person in authority or the takes part in the directly vested by direct
agents of such persons performance of with jurisdiction, provision of law
public functions whether as an or by election or
Mode 1: Resistance and Mode 2. Simple in the individual or as a by appointment
serious disobedience disobedience government member of some by a competent
Elements: Elements: court or authority is
1. A person in authority or his 1. An agent of a person in governmental charged with the
agent is engaged in the authority is engaged in the corporation, maintenance of
performance of official duty performance of official duty board or public order and
or gives a lawful order to the or gives a lawful order to the commission the protection
offender offender and security of
2. Offender resists or 2. Offender disobeys such life and property
seriously disobeys such agent of a person in authority
person in authority or his 3. Such disobedience is not of ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
agent a serious nature
3. The act of the offender is Mode 1: Causing any serious disturbance in a public place, office or establishment;
not included in the provision In simple disobedience, the
of Articles 148, 149, 150. offended party must be only Mode 2: Interrupting or disturbing performances, functions or gatherings, peaceful
an agent of a person in meetings, if the act is not included in Arts. 131 and 132;
The accused must have authority. The order must be
knowledge that the person lawful. The disobedience Mode 3: Making any outcry tending to incite rebellion or sedition in any meeting,
giving the order is a peace should not be of a serious association or public place;
officer nature.
The disobedience Mode 4 Displaying placards or emblems which provoke a disturbance of public order
contemplated consists in the in such place;
failure or refusal to obey a
direct order from the Mode 5: Burying with pomp the body of a person who has been legally executed
authority or his agent
Note: Serious disturbance must be planned or intended

Important! - Definition of “tumultuous”: If caused by more than 3 persons who are

armed or provided with the means of violence

Art 131 Art 153

Public Officer is not a Public officer is a participant
participant in the meeting
Outcry or displaying of emblems Mode 2:
Considered Inciting to Considered Public disorder Instigating or taking an active part in any charivari or other disorderly meeting offensive
rebellion or sedition to another or prejudicial to public tranquility;
Definition of charivari: includes a medley of discordant voices, a mock serenade of
Offender should have done Merely unconscious discordant noises made on kettles, tin, horns, etc. designed to annoy or insult
the act with the idea outburst; not intentionally
beforehand of inducing calculated to induce others Mode 3:
readers to commit rebellion to commit rebellion or Disturbing the public peace while wandering about at night or while engaged in any
or sedition sedition other nocturnal amusements;

ARTICLE 154 - UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL Mode 4:

UTTERANCES
Mode 1.
Publishing or causing to be published, by means of printing, lithography or any other
means of publication, as news any false news which may endanger the public order, or
cause damage to the interest or credit of the State.
Causing any disturbances or scandal in public places while intoxicated or otherwise,
provided Art. 153 is not applicable.
NOTE: “Calculated to cause” should be “which produces” alarm and danger according
to the correct translation of the RPC. Hence, the result, and not the intent, that counts.

Mode 2.
Encouraging disobedience to the law or to the constituted authorities or praising,
justifying or extolling any act punished by law, by the same means or by words,
utterances or speeches;

Mode 3:
Maliciously publishing or causing to be published any official document or resolution
without proper authority, or before they have been published officially

Mode 4:
Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals,
or leaflets which do not bear the real printer’s name, or which are classified as
anonymous.

Note: To be liable, the offender must know that the news is false.
Actual public disorder or actual damage to the credit of the State is not necessary. The
mere possibility of causing such danger or damage is sufficient.

ARTICLE 155 - ALARMS AND SCANDALS

Mode 1:
Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause (which produces) alarm or danger;

NOTE: Any place in the town