Crime Elements Important Points to Remember

Acts Punished:

1. Inciting others to commit sedition by means of speeches,

proclamations,writings, emblems cartoons, banners,or other
representations tending to the same end;

2. Uttering seditious words or speeches which tend to disturb the public

peace;

3. Writing, publishing, or circulating scurrilous libels against the

Government or any of its duly constituted authorities.

4. Knowingly concealing such evil practices

Elements of act no. 1:

1. That the offender does not take direct part in the crime of sedition;

2. That he incites others to the accomplishment of any of the acts which

ARTICLE 142 constitute sedition;
Inciting to sedition
3. That the inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations tending
to the same end.

Acts nos. 2 & 3 punishable when:

1. They tend to disturb or obstruct any lawful officer in executing the

functions of his office;

2. They tend to instigate others

to cabal and meet together for unlawful purposes;

3. They suggest or incite rebellious conspiracies or riots. Or

4. They lead or tend to stir up the people against the lawful authorities or
disturb the peace of the community and the safety and order of the
government.

1. That there be a projected or actual meeting of

the National Assembly or any of its committees
ARTICLE 143. or subcommittees, constitutional commissions or committees or
ACTS TENDING divisions thereof, or of any provincial board or city or municipal council or
TO PREVENT THE board;
MEETING OF THE
ASSEMBLY AND 2. That the offender, who may be any person, prevents such meeting by
SIMILAR BODIES force or fraud
 1. That there be a meeting of Congress or any of its committees
or subcommittees, constitutional commissions or committees or
divisions thereof, or any provincial board or city or municipal council or
board;
ARTICLE144.DIST
URBANCE OF 2. That the offender does any of the following acts:
PROCEEDINGS
a. He disturbs any of such meetings;

b. He behaves while in the presence of any such bodies in such a

manner as to interrupt its proceedings or to impair the respect due it.

Acts Punished

1. Using force, intimidation, threats, or frauds to prevent any member

from:

ARTICLE 145 a. Attending the meetings of Congress or any of its

VIOLATION OF subcommittees, commissions or divisions thereof,
PARLIAMENTARY or from committees or constitutional committees or
IMMUNITY
b. Expressing his opinions or

c. Casting his vote

2. Arresting or searching any member while Congress is in session, except

in cases where such member has committed a crime punishable
under the Code by a penalty higher than prision mayor.
Forms of Illegal Assemblies: Presumptions:
1 Any meeting attended by armed persons for the purpose ofIf any person carries an unlicensed firearm, it is
committing any of the crimes punishable under the Code presumed that:

Requisites: 1. The purpose of the meeting insofar as he is concerned is

a. That there is a meeting, gathering or group of persons, whether in a to commit acts punishable under the RPC, and
fixed place or moving; 2. He is considered a leader or organizer of the meeting

b. That the meeting is attended by armed persons;

C. That the purpose of the meeting is to commit any of the crimes

ARTICLE146 punishable under the Code.
ILLEGAL
ASSEMBLIES
2. Any meeting in which the audience, whether armed or not, is incited to
the commission of the crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority

Requisites:

a. That there is a meeting, a gathering or group of persons, whether in a

fixed place or moving;

b. That the audiences, whether armed or not, is incited to the commission

of the crime of treason, rebellion or insurrection, sedition or direct
assault.
 Prohibited associations: Association totally or partially
organized for:

1. The purpose of committing any of the crimes

ARTICLE 147 punishable under the Code, or
ILLEGAL
2. Some purpose contrary to public morals.
ASSOCIATIONS

Two ways to commit:
1. Without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes of
sedition & rebellion
Without public uprising, by killing a person in authority or his
agent, while the victim is engaged in the performance of
official duties, or on the occasion of such performance, i.e.,
by reason of the past performance thereof.

Elements: Actual performance:

a. That the offender employs force or intimidation; A person in authority is being attacked while in the exercise of
his duty. (teacher is attacked while she was teaching
b. That the aim of the offender is to attain any of the purposes of the inside the classroom.
crime of rebellion or any of the objects of the crime of sedition; *reason of the attack is Immaterial

By reason of past performance:

c.That there is no public uprising.
The PA is not in the exercise of his duty but because of the act
she did while in the exercise of duty she was attacked. ( the
teacher is already off-duty. While on her way home, she was
2. Without public uprising, by attacking, by employing force or seriously attacked by the father of her student or the student himself who
intimidating or by seriously resisting any PA or APA, while engaged in the she failed in one subject.
performance of official duties, or on the occasion of such performance *reason of the attack or motive is material
ARTICLE148
DIRECT ASSAULT Elements:
a. That the offender:
i. Makes an attack (equivalent to aggression),
ii. Employs force
iii. Makes a serious intimidation (unlawful coercion, duress, putting
someone in fear, exertion of an influence in the mind which must be
both immediate and serious), or
iv. Makes a serious resistance (if not serious, crime committed may be
that under resistance and disobedience);

b. That the person assaulted is a person in authority or his agent;

c. That at the time of the assault the person in authority or his agent:
i. Is engaged in the actual performance of official duties, or
ii. That he is assaulted by reason of the past performance of his official
duties;

d. That the offender knows that the one he is assaulting is a person in

authority or his agent in the exercise of his duties;

e.That there is no public uprising

 1. That a PA or an APA is the victim of any of the forms of direct assault The victim is the Agent of the person in authority.
defined in Art. 148;

2. That a person comes to the aid of the APA;

ARTICLE 149. 3. That the offender makes use of force or

4. intimidation upon such person coming to the aid of the APA.
Indirect Assault

Acts punished:
ARTICLE 150. 1. Refusing, without legal excuse, to obey summons of Congress, or
DISOBEDIENCE any commission or committee chairman or member
TO SUMMONS authorized to summon
ISSUED BY THE
witnesses;
NAT’L ASSEMBLY,
ITS COMMITTEES
2. Refusing to be sworn or placed under affirmation while before such
OR
SUBCOMMITTEE legislative or constitutional body or official;
S, BY THE 3. Refusing to answer any legal inquiry or to produce any books, papers,
CONSTITUTIONA documents, or records in his possession, when required by them to do so in
L COMMISSION, the exercise of their functions;
ITS 4. Restraining another from attending as a witness in such legislative
COMMITTEES, or constitutional body;
SUBCOMMITTEE 5. Inducing disobedience to summons or refusal to be sworn by any such
OR DIVISIONS body or official

Elements of resistance & serious disobedience:

1. That a PA or his APA is engaged in the performance of official duty or

gives a lawful order to the offender;

ARTICLE 151 2. That the offender resists or seriously disobeys such person in authority or
RESISTANCE & his agent;
DISOBEDIENCE
TO A PERSON IN 3. That the act of the offender is not included in the provisions of Arts. 148-
AUTHORITY OR 150.
THE AGENTS
OF SUCH Elements of simple disobedience:
PERSON
1. That an APA is engaged in the performance of official duty or gives a
lawful order to the offender;
2. That the offender disobeys
such APA;

3. That such disobedience is not of a serious nature.

 Public Officer (PO)
Any person who takes part in the performance of public functions in the
government.

ARTICLE 152. Person in Authority (PA)

PERSONS IN Any person directly vested with jurisdiction, whether as an individual or as
AUTHORITY & a member of some court or governmental corporation, board
AGENTS OF commission.
PERSONS IN Agent of a Person in Authority (APA)
AUTHORITY Any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life
and property.

Acts punished: Manner:

Discharging of firearm or firecracker resulting to any serious
1. Causing any serious disturbance in a public place, office or establishment; disturbancein a public place, office, or establish- ment, or the
ARTICLE 153 2. Interrupting or disturbing public performances, functions or interruption or disturbance public performances, functions or
TUMULTS & gatherings, or peaceful meetings, if the act is not included in Arts. 131- gatherings, or peaceful meetings.
OTHER 132;
DISTURBAN 3. Making an outcry tending to incite rebellion or sedition in any meeting, Intent is immaterial for as long as discharge of firearm or
CES OF association or public place; firecracker has caused any serious disturbance therein.
PUBLIC 4. Displaying placards or emblems which provoke a disturbance of public
ORDER order in such place;

5. Burying with pomp the body of a person who has been legally executed.

1. Acts punished:
1. Publishing or causing to be published as news any false news which may
endanger the public order, or cause damage to the interest or credit of
ARTICLE .C 154 the State;
UNLAWFUL USE
OF MEANS OF 2. Encouraging disobedience to the law or to the constituted authorities or
PUBLICATION by praising, justifying or extolling any act punished by law, by the same
means or by words, utterances or speeches;
AND UNLAWFUL 3. Maliciously publishing or causing to be published any official resolution
UTTERANCES or document without authority, or before they have been published
officially;
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.
Acts punished: Intent is immaterial for as long as discharge of firearm or
1. Discharging any firearm, rocket, firecracker, or other explosive within any firecracker has caused any disturbance in a public place.
town or public place, which produces alarm or danger
2.. Instigating or taking an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility
ARTICLE 155 3. Disturbing the public peace while wandering about at night or while
ALARMS & engaged in any other nocturnal amusements
SCANDALS 4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided Art. 153 is not applicable
 1. That there is a person confined in a jail or penal establishment; Committed in two ways:
1. By removing a prisoner confined in jail or penal
2. That the offender removes such person, or helps the escape of such institution – to take away a person from confinement
ARTICLE 156 person. with or without the active participation of the person
DELIVERY OF released
PRISONERS 2. By helping said person to escape – furnish material
means to facilitate escape
FROM JAIL

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

2. That he is serving his sentence, which consists in deprivation of liberty;

3. That he evades the service of his sentence by escaping during the term
of his sentence.
ARTICLE 157
EVASION OF Circumstances qualifying the offense:
SERVICE OF
SENTENCE 1. By means of unlawful entry (“by scaling”);

2. By breaking doors, windows, gates, walls, roofs or floors;

3. By using picklocks, false keys, disguise, deceit, violence, or intimidation;

4. Through connivance with other convicts or employees of the penal
institution

1. That the offender is a convict by final judgment, and is confined in a penal

ARTICLE 158 Penalty: an increase of 1/5 of the time still remaining to be
institution;
EVASION OF served under the original sentence, which shall not exceed six
SENTENCE ON months, if prisoner fails to give himself up to within 48 hours
2. That there is disorder, resulting from:
THE following the issuance of a proclamation by the Chief Executive
a. Conflagration,
OCCASION announcing the passing away of such calamity.
b. Earthquake,
However, a deduction of 1/5 of the period of his sentence shall
c. Explosion,
OF DISORDERS, be granted if said prisoner who, having evaded his preventive
d. Similar catastrophe,
CONFLAGRATION imprison- ment or the service of his sentence under the
e. Mutiny in which he has not participated; circumstances, gives himself up to the authorities within 48
S,
EARTHQUAKES, hours. Further, a deduction of 2/5 of the period of his sentence
3. That the offender leaves the penal institution where he is confined, on shall be granted in case said prisoner chose to stay in the place of
the occasion of such disorder or during the mutiny; his confinement notwithstanding the existence of a calamity or
OR OTHER
4. That the offender fails to give himself up to the authorities within 48 catastrophe enumerated. (RA 10592)
CALAMITIES hrs. following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.
 1. That the offender was a convict;
2. That he was granted a conditional pardon by the Chief
Executive;
3. That he violated any of the conditions of such pardon.

ARTICLE 159 OTHER FORMS OF EVASION OF SERVICE OF SENTENCE

CASES OF EVASION
OF SENTENCE 1. By simply leaving or escaping from the penal establishment under Art.
(CONDITIONAL 157
PARDON)
2. Failure to return within 48 hours after having left the penal
establishment because of a calamity, conflagration or
mutiny and such calamity, conflagration or mutiny has been announced
as already passed under Art. 158.

3. Violating the condition of conditional pardon under Article 159.

1. That the offender was already convicted by final Who can be pardoned
ARTICLE 160 judgment;
COMMISSION OF That he committed a new felony before beginning to serve such sentenceA A quasi-recidivist can be pardoned:
ANOTHER CRIME or while serving the same. 1. At the age of 70, if he shall have already served out his
DURING THE original sentence (and not a habitual criminal); or
SERVICE OF
PENALTY
IMPOSED FOR 2. When he shall have completed it after reaching the
ANOTHER said age, unless by reason of his conduct or other
PREVIOUS circumstances, he shall not be worthy of such clemency.
OFFENSE (QUASI-
RECIDIVISM)

Acts Punished
1. Forging the Great Seal of the Government of the Philippines;
ARTICLE 161.
COUNTERFEITING 2. Forging the signature of the President;
SEAL OF
GOVERNMENT, 3. Forging the stamp of the President.
SIGNATURE AND
STAMP OF
PRESIDENT

1. That the seal of the Republic was counterfeited, or the signature or

stamp of the Chief Executive was forged by another person;

ARTICLE 162 USE 2. That the offender knew of the counterfeiting or forgery;
OFFORGED
SIGNATURE, 3. That he used the counterfeit seal or forged signature or stamp.
COUNTERFEIT
SEAL OR STAMP
 1. That there be false or counterfeited coins;
2.That the offender either made, imported or uttered such coins;
3.That in case of uttering such false or counterfeited coins, he connived with
ARTICLE 163 the counterfeiters or importers.
MAKING
AND
IMPORTING
AND
UTTERINGFA
LSE COINS

Acts punished
1.Mutilating coins of the legal currency, with the intent to damage or to
ARTICLE 164 defraud another;
MUTILATION 2. Importing or uttering such mutilated coins, with the further requirement
OF COINS- that there must be connivance with the mutilator or importer in case of
IMPORTATIO uttering.
N AND
UTTERANCE
OF
MUTILATED
COINS

Acts Punished

1. Possession of coin, counterfeited or mutilated by another with intent to

ARTICLE 165. utter the same knowing that it is false or mutilated;
SELLING OF FALSE
OR 2. Actually uttering false or mutilated coin, knowing it to be false or
MUTILATED mutilated.
COIN,WITHOU
T
CONNIVANCE

Acts penalized: What may be forged or falsified under article 166?

ARTICLE 166 1. Forging or falsification of treasury or bank notes or other documents 1. Treasury or bank notes;
FORGING payable to bearer; 2. Certificates;
TREASURY 2. Importation of the same 3. Other obligations and securities, payable to bearer.
OR BANK 3. Uttering the same in connivance with forgers or importers;
NOTES OR
OTHER
DOCUMENT
S PAYABLE
TO BEARER
AND
UTTERING
THE SAME
 1. That there be an instrument payable to order or other document of
credit NOT payable to bearer;
ARTICLE 167. 2. That the offender either forged, imported or uttered such
COUNTERFEITIN instrument;
G, IMPORTING 3. That in case of uttering he connived with the importer or forger.
AND UTTERING
INSTRUMENT
NOT PAYABLE TO
BEARER

1. That the treasury or bank note or certificate or other obligation and

securities payable to bearer or any instrument payable to order or other
ARTICLE document of credit not payable to bearer is forged or falsified by
168. ILLEGAL another;
POSSESSION AND 2. The offender knows that any of these instruments is forged or falsified;
USE OF FALSE 3. That he performs any of these acts:
TREASURY OR a. Using any of such forged or falsified instruments; or
BANK NOTES b. Possession with intent to use, any of the forged or falsified
AND OTHER
documents.
INSTRUMENTS
OF CREDIT

1. By giving to treasury or bank note or any instrument payable to bearer

or to order the appearance of a true and genuine document;
2. Counterfeiting Altering Substituting Erasing any
figures, letters, words or signs contained therein.
ARTICLE 169.
HOW
FORGERY IS
COMMMITT
ED